The Lake County Board of County Commissioners met in regular session on Tuesday, November 7, 1989, at 9:OO 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: Annette Star Lustgarten, County Attorney: Alan A. Thelen, County Manager: Ava Kronz, County Manager's Assistant: James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Linda Springston, Deputy Clerk.
James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Bakich.
MINUTES
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of September 19, 1989, as presented.
MINUTES
Commr. Swartz stated that, regarding the Special Minutes of September 19, 1989, Page 9, Line 22, he did not feel that the figures were stated correctly concerning the assessed values that the County had this year compared to last year. To which Mr. James C. Watkins, Clerk, responded that his office would check those figures with the Finance Department.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Special Minutes of September 19, 1989, as amended.
MINUTES
Commr. Gregg stated that, regarding the Minutes of October 3, 1989, Page 17, Line 26, he would like the Minutes to reflect that "Commr. Gregg asked if any of the other Commissioners had any other appointments or changes to that committee".
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of October 3, 1989, as amended.
MINUTES
Commr. Gregg stated that, regarding the Minutes of October 10, 1989, Page 11, Line 10, that the word "sales" needs to be deleted. Also on Line 27, regarding the number of units that can be built, "to equal that"..., should be added to the sentence.
Commr. Swartz stated that, concerning Page 9, between Lines 31 and 32, dealing with the highway impact fee, he would like the Minutes to reflect that, "he cannot reconcile the cities not participating in the impact fee program".
On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the Minutes of October 10, 1989, as amended.
MINUTES
Commr. Gregg stated that, regarding the Minutes of October 17, 1989, Page 18, Line 9, he would like the Minutes to reflect a 125,000 square foot "courts" building.
Commr. Swartz stated that, on Page 7, Line 34, the Minutes should reflect the request "to temporarily" transfer $160,000.00 of Revenue Sharing Funds...
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of October 17, 1989, as amended.
COUNTY EMPLOYEES/POLLUTION CONTROL
Commr. Gregg and Commr. Bakich presented Ms. Linda Bolles, an Environmental Technician with the Pollution Control Department, the award for the Employee of the Month, consisting of a Plaque, a Savings Bond, and a designated parking space.
COUNTY EMPLOYEES/PERSONNEL
Commr. Gregg and Commr. Bakich presented the following employees with Service Plaques for Years of Service:
Five Years of Service
Melanie H. Hicks Planning and Development
Mary J. Pasak Planning and Development
Dorothy A. Keedy Public Works
Mary F. Cogar Expo/Fairgrounds
Ten Years of Service
Dave Montez Private Industry Council
Lewis T. Holland Public Works
Paula A. McNish Private Industry Council
Wade D. Curtis Public Works
Deborah J. Butterworth Public Works
Willie A. Martin Private Industry Council
CLERK OF COURTS CONSENT AGENDA
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the following:
Accounts Allowed
Request for payment of Warrant No. 113113 through Warrant No. 113608 for the following accounts:
County Transportation Trust Landfills
General Revenue Fine & Forfeiture
Countywide Library Section 8
Mosquito Control Countywide Fire District
Mt. Plymouth Fire District Private Industry Council
Revenue Sharing Capital Outlay
Law Library
Pasco Fire District Bassville Fire District
Northwest Fire District South Lake Fire District
Emergency 911 Fund Paisley Fire District
Self Insurers Fund Northeast Hospital
Land
Accounts Allowed/Courts-Judges
Request for approval of the Term Bill for expenses incurred for Circuit Court work for the period of May 1, 1989 through September 30, 1989, in the amount of $62,255.00.
Accounts Allowed/Deeds/Tax Collector
Request for approval of the unclaimed excess proceeds due landowners on applications for tax deeds totaling $7,313.55, to be transferred from the Clerk's Account to the Board of County Commissioner's Account.
Bonds - Contractor
Request for the approval of the following Contractor Bonds:
New
0135-90 Robert A. Peppers, Jr. dba Peppers Plumbing (Plumbing)
0437-90 John R. Laye (Housemoving)
0671-90 Quinton Downing, Quinton Downing Aluminum (Aluminum)
0873-90 Don Smith dba Central Florida Masonry (Masonry
Contractor)
0939-90 Earl Blackman dba B & H Roofing (Roofing)
1630-90 Jon H. Bowman dba Dolphin Electric, Inc. (Electrical)
1791-90 Emery W. Dillard, Jr. (Plumbing Contractor)
1867-90 Dennis A. Smith dba Dalton & Owens Electric Services,
Inc. (Electrical)
1883-90 Eddie T. Palmateer dba Ace Heating & Air Conditioning,
Inc. (HARV Class B)
3029-90 Thomas L. Hanson (Electrical)
3061-90 Harry T. Stanley, Jr. (Aluminum)
4001-90 Edward Volzone (Pool Contractor)
4071-90 Arnold Zapatero dba A & Z Air Conditioning (Air
Conditioning & Heating)
4199-90 Eulee Shaw (Electrical)
4214-90 Elgenia S. Insalaco (Residential)
4251-90 Edwin Button dba Button Roofing (Roofing Contractor)
4365-90 Bernard Duncan, Dulando Screening & Awning, Inc.
(Aluminum Specialty)
4480-90 Roger Facemire (Roofing)
4605-90 AAA Construction & Development Corporation
(Construction)
4636-90 Ricky D. Stitt dba D & K Plumbing, Inc. (Plumbing)
4696-90 Lonnie R. Carney dba Carney Electric (Electrical)
4775-90 Allen W. Akers dba One Stop Cooling & Heating, Inc.
(HVAC)
4776-90 Current Electric, Inc. (Electrical)
4777-90 William V. Story (Residential)
4778-90 DWH Corp. dba Henderson Electric (Electrical)
4779-89 Southeast Electric Co. (Electrical)
4780-90 Marion Electrical Contractors, Inc. (Electrical)
Cancellations
0118-89 Frank Hipp (Class B Roofer)
1285-90 Ronald J. Atley (Air Conditioning)
1706-89 Douglas Wieckhorst (Electrical)
1884-89 Winston C. Ivery (Masonry)
1918-89 Gary McCutcheon dba Tropic Realty & Construction Co.,
Inc. (General Contractor)
1983-89 Joe E. Kinder (Residential Building Contractor)
3061-89 Harry Thomas Stanley, Jr. (Aluminum Contractor)
4001-89 Edward Volzone (Pool Contractor)
4036-90 Jade Electric, Inc. (Electrical)
4054-89 Tom Walsh dba Eustis Quality Plumbing (Plumbing)
4231-89 Robert L. Callahan (Contractor)
4251-90 Edwin Button dba Button Roofing (Roofing Contractor)
4327-90 Thomas Moffatt & Jim West dba Jim West Services
4488-89 William Frank Alderton (Heating & Air Conditioning
Contractor)
4501-89 Lecil Johnson (Roofing)
4612-89 Robert Sellers, II (Masonry)
4661-89 Judson W. Stringfellow (Residential)
4719-89 Tri-X Corp. (Electrical)
4722-89 Diana Landing (Roofing)
4732-89 Douglas Wieckhorst
4735-89 Bruce Kantor dba B. J.'s Aluminum (Aluminum Siding)
4756-89 Parks Electric Company (Electrical)
Accounts Allowed/Courts-Judges
Request for approval and signature authorization for the following:
Satisfaction of Judgment for Robert Eugene Lightfoot, Case No. 87-1773-MM-A-01-01, in the amount of $210.00.
Satisfaction of Judgment for Walter Joseph Tomon, and Bruce and Sally Tomon, Case No. 89-783-CJ, in the amount of $50.00.
Satisfaction of Judgment for Joseph E. Kerr, child, and Joseph E. Kerr and Mina L. Kerr, Case No. El-864-CJ, in the amount of $150.00.
Satisfaction of Judgment for Billy Joe Roberts and Ethel Roberts, Case No. 82-109-CJ, in the amount of $50.00.
Satisfaction of Judgment for Jimmy Lee Brown, Case Nos. 84-1764TT00142, 84-1765TT00142, and 84-1601-MM-42, in the amount of $500.00.
Satisfaction of Judgment for Tony B. Bowers, Case No. 88-11001TT001FP, in the amount of $100.00.
Resolutions/State Agencies
Request to acknowledge receipt of the Resolution from the Florida Federation of Garden Clubs, Inc., commending the County officials of Lake County for their action, for providing $500,000 to help the State of Florida acquire 3,300 acres of environmentally sensitive land in the Wekiva River basin, known as the BMK Ranch, dated September 14, 1989.
Private Industry Council/Reports
Request to acknowledge receipt of the cumulative participant activity reports for the Volusia, Lake, Flagler, Private Industry Council, Inc., from July 1, 1989 to September 30, 1989.
Jails/Resolutions
Request to acknowledge receipt of the Resolution from the Board of County Commissioners, Sumter County, Florida, supporting the location of a Federal prison facility in or near Sumter County, Florida, dated October 10, 1989.
Budgets/Checks Received/Sheriff's Department
Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual for Fiscal Year 1988-89 from George E. Knupp, Jr., Lake County Sheriff, and a check in the amount of $458,003.30, representing excess fees for the 1988-89 budget.
Budgets/Tax Collector
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual for Fiscal Year 1988-89 from T. Keith Hall, Lake County Tax Collector.
Budgets/Property Appraiser
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual for Fiscal Year 1988-89 from Ed Havill, Lake County Property Appraiser.
Municipalities/Planning & Development
Mr. James C. Watkins, Clerk, drew to the attention of the Board the For Your Information Items, Tabs 18 through 21. Commr. Bakich questioned Tab 20, concerning the Notice that the City Council of the City of Mascotte, intends to consider the creation of a community redevelopment agency and related items. Mr. Watkins stated that the City Council allows the Board of County Commissioners the opportunity to comment in favor or against it.
CLERK'S OTHER BUSINESS
BUDGETS/SHERIFF'S DEPARTMENT
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the request for a line item transfer, in the Sheriff's budget, to separate the school crossing guards.
ACCOUNTS ALLOWED/COUNTY PROPERTY
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request to delete items from fixed assets for the month of October, 1989, in the amount of $34,148.92.
SHERIFF'S BUSINESS
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for the transfer of $5,408.11, from the Law Enforcement Trust Fund, to reimburse Sheriff's accounts for training expenditures.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
Regarding the request to transfer $l0,000.00, from the Law Enforcement Trust Fund for Protracted Criminal Investigation, Commr. Swartz questioned how the Board will account for those monies to ensure that they comply with the Statute. To which Mr. James C. Watkins, Clerk, responded that the Sheriff will be responsible for ensuring that they are in compliance, and the Sheriff is not obligated to inform the Board who or what is under investigation by Law. Should he misspend it, the post-audit would reveal if the expenditure was inappropriate.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for the transfer of $10,000.00, from the Law Enforcement Trust Fund for Protracted Criminal Investigation.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the following:
Contracts, Leases & Agreements/Landfills
Right-of-Ways, Roads & Easements
Request by NRG/Ogden Martin Systems of Lake, Inc. that Lake County grant an easement over a portion of the Facility Site to Florida Power Corporation for the main electrical interconnect.
Accounts Allowed/Mosquito-Aquatic Plant Management
Request to purchase 1,000 gallons of Cythion Malathion 91 percent Technical Grade (Mosquito Adulticide), in the amount of $16,690.00.
Accounts Allowed/Jails/Public Health
Request for payment of a Lake County Jail inmate medical bill accrued at Leesburg Regional Medical Center, in the amount of $41,707.25.
Accounts Allowed/Public Health
Request for payment for the monthly Medicaid Nursing Home bill, in the amount of $25,139.92; Medicaid Nursing Home re-bill, in the amount of $110.00; and the Medicaid Hospital bill, in the amount of $29,452.18.
Public Health/Reports
Request to acknowledge receipt of the Medical Examiners Commission Annual Report for 1988.
County Employees/Personnel
Request for signature on the Service Certificates for employees with one and three years of service.
Contracts, Leases & Agreements/Public Health
Request from Section 8 Housing for the renewal of the Annual Contributions Contract between Lake County and the U.S. Department of Housing and Urban Development, extending the contract through September 30, 1991.
Bonds - Mobile Home
Request for the cancellation of the Mobile Home Bond for Lester Conerly, in the Fruitland Park area, District 1.
Accounts Allowed/Bonds/Roads-County & State/Subdivisions
Request for final approval of Tanglewood Subdivision plat; accept a maintenance bond, in the amount of $3,970.00; and the acceptance of the following road into the County maintenance system: Tanglewood Drive (4-7092).
Accounts Allowed/Roads-County & State/Subdivisions
Request for final approval of Wedgewood Club, Second Addition plat; acceptance of an Irrevocable Letter of Credit, in the amount of $6,800.00, for maintenance: and the acceptance of the following roads into the County maintenance system: Bay Hill Drive (5-6444B), extension of Dora1 Drive (5-6344), and the extension of Scotts Dale Drive (5-6343A).
Accounts Allowed/Bonds/Roads-County & State/Subdivisions
Request for final approval of Somerset Place plat; accept a Certificate of Deposit, in the amount of $41,382.00, for performance; accept a Developer's Cash Completion bond; and accept and execute an Escrow Agreement.
Accounts Allowed/Roads-County & State/Road Projects
Request for payment #1, for Project #8-89, Eudora Road, in the amount of $31,500.00, to Paquette Paving.
Accounts Allowed/Roads-County & State/Road Projects
Request for payment #2, for Project #9-89, Kings Cove, to Paquette Paving, in the amount of $78,388.50.
Accounts Allowed/Roads-County & State/Road Projects
Request for payment #2, for Project #7-89, South Quarters Road, Haywood Worm Farm Road, Main Avenue, and Hollandel Road, to TRAC Roadbuilders, in the amount of $90,656.55.
Roads-County & State
Request to accept Sally-Rolle Street (5-7465C), and Thomas Street (5-7465B), into the County maintenance system.
Bids/Public Works
Request to award Bid #009-630-090, Traffic Paint, to "Pride", which has the lowest bid, under the terms of a one-year contract.
Deeds/Right-of-Ways, Roads & Easements
Request to accept the following Right-of-Way Deed:
Kenneth Grazilla Apshawa Road 3-2035
Accounts Allowed/Bonds/Planning & Development
Commr. Gregg declared a conflict of interest and abstained from voting, regarding the request to release a maintenance bond, on Leesburg West Industrial Park, because he is an owner of it. On a motion by Commr. Windram, seconded by Commr. Bailey and carried, the Board approved the request for the release of a maintenance bond, in the amount of $4,970.00, on Leesburg West Industrial Park.
Commr. Gregg abstained from the vote.
Subdivisions/Planning & Development
Mr. Alan A. Thelen, County Manager, informed the Board that he would like to postpone the request for the approval of the construction plans related to the preliminary plat of Glenn Hills Subdivision.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone the request for the approval of the construction plans related to the preliminary plat of Glenn Hills Subdivision, until the Board Meeting of November 14, 1989.
Subdivisions/Planning & Development
Mr. George Hovis, Attorney representing Don and Pat McCaffrey, who are in opposition to the approval of Lake Shepherd Victorian Estates plat, stated that the parcel of land requested for plat approval is not owned by the applicant. He is requesting that the request be postponed, until the County Attorney can determine a legal opinion as to whether the applicant owns record title to the property that his client's claim they own. If the plat is approved today, his client can either walk away from land they own, or bring
a suit against the applicant, and a suit against the County for accepting the plat for property that the applicant does not own.
Ms. Annette Star Lustgarten, County Attorney, stated that the plat had been reviewed pursuant to the County's Subdivision Regulations, and, as required by Florida Statute Chapter 177, a title opinion has been required, and issued by Arthur Roberts, as to the title that is included within the plat that has been submitted for the Board's consideration. The issue of the disputed title to a portion of the property should be resolved by a court and a quiet title action should have been filed. She further stated that ownership of property is not within the province of her authority. She noted that she must rely on a valid title opinion, by a licensed attorney, in the State of Florida, authorized to issue such opinions.
Ms. Lustgarten noted that the Board may go forward and approve the plat, because it has met with all of the Subdivision Regulation requirements, or they may postpone it.
Mr. Hovis stated that if it is approved today, it will go forward, and if it is postponed, he suggests that the Board get an opinion from the County Attorney.
Commr. Swartz noted that he did not feel that the County should be performing title searches, and that he did not want to see the County Attorney determining land ownership.
Ms. Kathleen Devorak, representing Lake Shepherd Victorian Estates, appeared before the Board and stated that this dispute has been ongoing with the McCaffrey's, and that they have asked the McCaffrey's to have a certified survey done of their property and a title opinion. She further stated that she has also tried to have meetings with them for over a year. She noted that she has had a certified survey and title opinion done for Lake Shepherd Victorian Estates property.
Ms. Devorak stated that the disputed land is lake bottom. The McCaffrey's own the lake bottom of Lake Shepherd and the title on her property states that she owns the property to the shore's edge, which is where the water begins and the land stops. She does not feel that postponing the matter will resolve anything because the McCaffrey's do not have a certified survey of their land. She further stated that, when the McCaffrey's bought their property the deal was settled with a Quit Claim Deed.
Mr. Hovis stated that there have been no communications between the two, and the McCaffrey's have made every attempt to negotiate no response, and that a survey has been done, with no response.
Commr. Swartz questioned whether the required "as-builts" have been received by the Public Works Department and why there is no requirement for a maintenance bond. To which Mr. Jim Stivender, Director of Public Works, responded that he would check into the matter.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone the request for final approval of Lake Shepherd Victorian Estates plat, for one week, until the Board Meeting of November 14, 1989, and for staff to check into the reason why no maintenance bond is required for the road.
PUBLIC HEARING - ROAD CLOSING
Petition No. 559 - Kircha Investment Corp. - Tavares Area
No one present in the audience wished to discuss the request with the Board.
It was noted that the proper proof of publication was on hand as it appeared in the September 26, 1989, and October 3, 1989, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to vacate an easement, in Squirrel Point, in the Tavares area, as advertised in Petition No. 559, by Kircha Investment Corp. (Emery S. Sims, Jr., Executive V.P.).
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
COUNTY MANAGER/RESOLUTIONS
Mr. Alan A. Thelen, County Manager, stated that the request for a Resolution adopting the International City Manager's Association (ICMA) Deferred Compensation Plan, and the execution of a Declaration of Trust document in connection with same, is implementing the contract that the Board has with the County Manager in relation to his retirement. The program will enable all of the County's employees to participate in the Deferred Plan in the same manner as they now participate in the National Association of Counties (NACO) Deferred Compensation Plan.
Commr. Swartz questioned what would happen if the unfunded liability fluctuated. To which Mr. Thelen responded that, each year, the Florida Retirement System makes a determination as to their unfunded liability and sets that figure. The trend has been, in the past years, for that to lower, and at no time would the County be paying more than what is paid into the Florida Retirement System.
Commr. Gregg noted that the main advantage to this plan is if one moves out of state they are able to take it with them. But this is not in addition to the Florida Retirement plan.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for a Resolution adopting the ICMA Deferred Compensation Plan, and the execution of a Declaration of Trust document in connection with same.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/LANDFILLS
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the request for the approval of a bill from Alex Brown & Sons, Inc., for Fiscal Services, for Solid Waste, from May 1, 1989 through September 30, 1989, in the amount of $16,033.53.
BUDGET TRANSFERS/POLLUTION CONTROL
Mr. Alan A. Thelen, County Manager, stated that the request for a transfer of $72,000.00, from Pollution Control to the Board of County Commissioners - General Government account, is to cover expenditures that were charged to the Board's budget at the end of the past fiscal year.
On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request for the transfer of $72,000.00, from Pollution Control to Board of County Commissioners - General Government account, to cover FY88-89 expenditures.
ACCOUNTS ALLOWED/LANDFILLS/RESOLUTIONS
Mr. Alan A. Thelen, County Manager, stated that the Waste Tire Collection Center would be established at the Astatula Landfill, with a $57.00 a ton rate being charged or $.60 per tire. He noted that the County does not accept tires now, but there is now an area set aside for the collection of such, and the tires will eventually be hauled away where they can be shred. These proposed fees are intended to cover administrative costs.
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the Resolution adopting the Waste Tire Fees and Rules.
Mr. James C. Watkins, Clerk, questioned what the cost of disposal of these tires is. To which Mr. Don Findell, Director of Environmental Services, responded that Waste Management is taking the tires out of the County for disposal at a rate of $2.00 per tire.
Mr. Watkins stated that if these approved fees do not cover the cost of disposal that the County will go into operation in a negative. To which Mr. Findell responded that they will be adopting a contract with a hauler to avoid that, once the operation is in effect, to dispose of those tires.
BUDGET TRANSFERS/POLLUTION CONTROL/WELFARE DEPARTMENT
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request for the budget transfers within the Welfare Services/Services budget totaling $85,400.00; and transferred $43,000.00, from Pollution Control to Welfare Services/Services, for FY88/89.
BUDGET TRANSFERS/HEALTH DEPARTMENT
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request for the transfer of budgeted funds, in the amount of $29,500.00, for utilities and insurance, from the General Fund Administrative Support expenditure budget to the General Fund Health Department expenditure budget, to properly account for expenditures related to the Health Department.
BUDGET TRANSFERS/E911
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to transfer $176,853.99, budgeted in E911 Contractural Services, to Machinery and Equipment and Interest, to properly account for the lease purchase of the E911 equipment from GTE Leasing.
ORDINANCES/ZONING
Mr. Alan A. Thelen, County Manager, stated that the request to advertise the proposed "draft" ordinances as initiated by the Board of County Commissioners to the current Lake County Zoning Regulations CP (Planned Commercial) and MP (Planned Industrial) zoning districts, is an attempt to conform with current practices.
Commr. Gregg questioned the use of Option 2, where the applicant would ask for CP with no preliminary site plan, and whether when the spplicant comes back, would they pay the same fee when the processing is done again. To which Ms. Annette Star Lustgarten, County Attorney, stated that the applicant would pay the fee again because the same staff time is involved.
Commr. Bakich noted that with Option 1, the applicant is applying knowing what they want to do with the property, whereas, in Option 2, the individual is allowed to speculate on its use.
On a motion by Commr. Windram, seconded by Commr. Bakich and carried, the Board approved the request to proceed with the proposed "draft" ordinances, as initiated by the Board of County Commissioners, to the current Lake County Zoning Regulations CP (Planned Commercial) and MP (Planned Industrial) zoning districts.
Commr. Bakich and Commr. Swartz voted "No".
ACCOUNTS ALLOWED/OUTDOOR RECREATION/PLANNING & DEVELOPMENT
Mr. Mike Szunyog, Director of Planning, appeared before the Board and stated that staff was directed to look at possible alternatives for the distribution of the $164,750.00 remaining monies not spent for recreational purposes. He discussed the alternatives, such as, basing distribution on voter registration, the County retaining all the funds, per capita distribution to cities, demonstration of need by the cities, per capita based on existing level of expenditures and service provision, and the County library funding formula. He reviewed the selection criteria, which were, the cities being compensated for use by County residents, the County initiating its own parks to relieve the burden on the cities, the provision for facilities to those with the greatest need, and the Comprehensive Plan Citizens Advisory Committee Draft Recreation Element recommendations. Using this selection criteria, the Library funding formula appeared to be the best method of disbursement.
Mr. Szunyog stated that the above alternatives were presented to the Recreation and Open Space Citizens Advisory Committee, and they recommended that the County retain all of the uncommitted funds for County recreation use, hire a professional Recreation and Parks Director, and make improvements to developable County park land, along with undertaking new park development utilizing the recommendations formulated in the Draft Recreation and Open Space Element.
Mr. John Weatherford, Chairperson, Recreation and Open Space Citizens Advisory Committee, appeared before the Board and stated that those recommendations Mr. Szunyog mentioned states the committee's position on recreation, and addresses what the County will need to do over the long term for the planning period which is being addressed. He stated that there is a definite need for the County to become involved in the recreation business, but it needs to evolve gradually.
Mr. Weatherford noted that someone, similar to the Lake County Library Coordinator, could review what is needed in the County, to enhance existing sites (such as boat ramps), and to apply for any grants which may be available.
Commr. Swartz stated that this recommendation is in keeping with the recommendation of the Open Space Element of the Comprehensive Plan, but is accelerating its implementation rather than waiting until the plan is adopted.
Mr. Weatherford noted that in the above mentioned plan, they believe, that the County should participate with the municipalities in the funding aspects of recreation, and that, since part of the immediate funds have been shared with the municipalities, the remaining portion should be retained by the County.
Commr. Windram noted that a group in the Mt. Plymouth -Sorrento
area has been preparing and working on a recreation program for an extended period of time, and that he designated his first portion of the funding to that unincorporated area, with a limited amount left for the City of Mt. Dora and he was concerned that the city would not be receiving enough of the funding.
Commr. Swartz stated that the funding can be adjusted to relieve that situation. He further stated that the recommendation is to retain the bulk of the funds to begin some of the facilities, some of which there is already land for, and to get someone with the expertise in the area of parks and recreation to develop and implement a plan.
Commr. Gregg noted that he supports the idea of a grants coordinator and the recommendation of the committee, which he feels there is a need for.
Mr. Sonny Bell, Leesburg Director of Parks and Recreation, appeared before the Board and questioned whether any funding has been allocated for the FY89/90 budget. To which Commr. Gregg stated that the General Revenue Sharing Fund balance which was left over from last year is the budget for this year. Mr. Bell then questioned whether the County will be allocating any funding for this project over the next five, ten or twenty years. To which Commr . Bailey responded that a possible impact or user fee is being drafted.
Commr. Bakich noted that, the County will have to allocate the funds for recreation from this point on.
Commr. Swartz stated that the County can hire a recreation coordinator to try to bring order to what the County currently has and use the bulk of the balance of the money for matching grants.
Commr. Swartz requested staff to bring forth a proposal and a salary range, which is competitive in the area, along with a job description.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to authorize staff to prepare a job description, and a recommendation, with regards to a full time Recreation Coordinator, and to approve and accept the recommendation of the Recreation and Open Space Citizens Advisory Committee, with modifications for those cities that did not receive any of the initial funding.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
Mr. Alan A. Thelen, County Manager, discussed the request for an agreement between Lake County and the Economic Development Commission of Mid-Florida, Inc. He stated that $90,000.00 has been provided in the budget for this agreement and the only change from last year's contract, is that there was a credit, for other agencies within the County that may participate, up to 33 percent. He was advised that the credit has not been in any of the other
participating counties contracts, therefore, that clause has been elemented to conform with such contracts.
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the request for an agreement between Lake County and the Economic Development Commission of Mid-Florida, Inc. The term of the agreement is from October 1, 1989 to September 30, 1990, in an amount not to exceed $100,000.00.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/PLANNING & DEVELOPMENT
Mr. Alan A. Thelen, County Manager, informed the Board that the request for the appointments to the 1990 Census Complete Count Committee are being suggested, by the Federal Bureau of the Census, in order to disseminate census information and to promote the importance of full participation, in the 1990 Census, by all citizens.
On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board approved the appointments to the 1990 Census Complete Count Committee, as follows:
Ann Dupee, Editor, South Lake Press
E. A. Nichols, Jr., Publisher, Leesburg Commercial
Sam Fenton, Editor, Lake Sentinel
Ken Brown, Bureau Chief, WESH-TV, Lake Bureau
Don Connolly, WQBQ-AM 1410
David Connelly, HRS
Mae Swango, Lake County Homemakers Association
Jeff Book, President, Lake County League of Cities
Dr. Terry Jackson, Chairman, Lake-Sumter Community
College Board of Trustees
Phyllis Patten, Chairman, Lake County School Board
Tom Poole, N.A.A.C.P.
Scott Hindman, President, United Chambers of Lake County
Sam Wiggins, President, East Lake Chamber of Commerce
Bobby Duncan, President, Clermont Chamber of Commerce
0. Dighton Ortvis, IV, Lake Community Action Agency, Inc..Joe Holmes, Vice-President, Sun Bank of Mt. Dora
Carl Hammons, Planning Director, Leesbtirg
Oakley Seaver, Retired, Clermont
Jack Marotta, Lake Community Development, Inc.
Jackie Benton, Mental Health Center
Derryl Benton, Eustis City Commissioner
Dr. Dennis Cookro, Lake County Public Health
COMMISSIONERS
At l0:28 a.m. Commr. Gregg turned the Chairmanship over the the Vice-Chairman, Commr. Bakich.
BONDS - MOBILE HOME
Mr. Mike Szunyog, Director of Planning, discussed the request for the renewal of the Mobile Home Bond for Richard H. Eisinger, in the Groveland area, District 2, for a period of one year.
Ms. Annette Star Lustgarten, County Attorney, stated that she had discussed this request with Mr. Eisinger and she had informed him that it was for a six month renewal.
On a motion by Commr. Bailey, seconded by Commr. Windram and carried, the Board approved the request for the renewal of the Mobile Home Bond, for Richard H. Eisinger, in the Groveland area, District 2, for a period of six months.
Commr. Gregg was not present for the vote.
COMMISSIONERS
At l0:30 a.m. Commr. Bakich, Vice-Chairman, returned the Chairmanship to Commr. Gregg.
CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES
ROADS-COUNTY & STATE
Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request for a proposed agreement between Lake County and Silver Springs Citrus Cooperative for road improvements to Central Avenue, in Howey-in-the-Hills. He stated that Lake County completed a joint project in that city, including improvements to the intersection on State Road 19, and that Silver Springs Citrus Cooperative agreed to pay for those improvements, which amounted to approximately $27,500.00. He further stated that, Silver Springs Citrus Cooperative is requesting credit on their impact fees for future improvements for doing that road improvement, and that this is in conjunction with road improvements that the.County is doing north of the city.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized the proper signatures on the agreement between Lake County and Silver Springs Citrus Cooperative for road improvements to Central Avenue, Howey-in-the-Hills, Lake County, Florida.
COUNTY PROPERTY/EDUCATION
Dr. Thomas E. Sanders, Superintendent, Lake County Schools, appeared before the Board to discuss the need for a public safety complex, to be used as a regional facility, in Lake County. He stated that the Lake County Vo-Tech facility is presently the main facility for training all enforcement officers, as well as firefighters, for Lake County and several surrounding counties. He stated that the Vo-Tech facility has reached the point where they are about to become decertified by the State, because they no longer meet the minimum qualifications required to continue the training. The reason for that is, because it is inadequate in size for the driving range, and the gun range is also inadequate. This past year the facility has trained over 1,500 law enforcement officers and firefighters.
Dr. Sanders stated that the Lake County School system does not have the money in the budget for the building of the facility, therefore, they must request special funding from the State. There was a meeting with the Commissioner of Education and she has agreed to put this request into her budget and said that she will do everything possible to get it into the State's budget.
Dr. Sanders noted that the Lake County School Board does not have the property necessary for the facility. He is requesting the Lake County Board of County Commissioners to donate, or swap, the land at Highway 19/27/Turnpike, until they could purchase the land through a tuition bank, whereas, they would train County policemen and firefighters, free of cost, until it is paid back.
Dr. Sanders stated that the total cost of this project is estimated at $4 million.
Commr. Gregg questioned whether the firing range would be enclosed. To which Dr. Sanders indicated that they are considering enclosing that range, which would be beneficial to the facility.
Commr . Windram questioned whether the School Board would consider trading a certain piece of property (where the school buses are parked, adjacent to the property on which the new County buildings are to be built in Tavares), which the School Board owns. To which Dr. Sanders stated that they would consider that, if, they could move the buildings off of that property.
Dr. Sanders stated that they need approximately 50 acres to build the facility, but, at the State level, a regional public safety complex is needed and that area would be ideal for such a complex. If a regional facility were constructed there would be a need for additional acreage, because individiuals from Lake, Orange, Seminole, Oseola, Marion and Polk counties would be trained there, and that would be advantageous to Lake County, as well as the other counties.
Commr. Gregg stated that he was agreeable to the idea of swapping land, then leasing the facility to the School Board for approximately $1.00 per year, or donating the land in trade for training. He also stated that he would like to see an overall project for the property with a central sewage treatment plant.
Commr. Swartz stated that, he would be interested in swapping land for the property, and that Dr. Sanders should discuss this matter with the School Board.
Commr. Bailey noted that, as the Commissioner in District 2, he feels that this is a good project for that site.
Commr. Bakich requested Dr. Sanders to return to the Board of County Commissioners with the School Board's feelings by the Board Meeting of November 21, 1989. To which Dr. Sanders responded that, he would discuss this matter with the School Board and let the Board of County Commissioners know at that time.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved to go forward on the project with the Lake County School Board for a Public Safety Facility at the County owned property at Highway 19/27/Turnpike, with the.possibility of swapping land.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/JAILS
Mr. Mike Anderson, Assistant Director of Public Works, appeared before the Board to discuss the request for payment to Hellmuth, Obata & Kassabaum, Inc. (HOK), in the amount of $59,015.00, for work done on the Criminal Justice Facility--Dormitory.
On a motion by Commr. Swartz, seconded by Commr. Windram and carried, the Board approved the request for payment to Hellmuth, Obata & Kassabaum, Inc. (HOK), in the amount of $59,015.00 (Statement No. 2), for work done on the Criminal Justice Facility- Dormitory.
Commr. Bakich was not present for the vote.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/JAILS
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved the request for payment of Hellmuth, Obata & Kassabaum, Inc. (HOK) invoices No. 3 and No. 4, for the Criminal Justice Facilities, in the amount of $96,817.10.
Commr. Bakich was not present for the vote.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
JAILS/MUNICIPALITIES
Mr. Mike Anderson, Assistant Director of Public Works, appeared before the Board to discuss the request to negotiate with Vanassee, Hanagan, Brustlin, Inc., to provide a traffic impact study for the new Jail and Courthouse facility, at a cost not to exceed $10,000.00. He stated that this request before them so that the County will be in compliance with a Public Hearing held by the City of Tavares, to determine the impact of those facilities with regards to the traffic flow on Main Street and Sinclair Avenue and the downtown area. This study will determine the costs of the improvements which the County will need to pay to participate with the City.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved the request to negotiate with Vanassee, Hangan, Brustlin, Inc., to provide a traffic impact study for the new Jail and Courthouse facility, at a cost not to exceed $10,000.00, and to recommend that a figure be obtained from them with regards to a parking plan.
Commr. Bakich was not present for the vote.
BIDS/MUNICIPALITIES/ROADS-COUNTY & STATE/ROAD PROJECTS
Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request to advertise for bids for intersection improvements at C-33/C-48/C-470, in Okahumpka. He stated that these improvements have been proposed for several years because of the traffic coming off of Interstate 75, and there has been a need for left turn lanes and signalization at the intersection.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request to advertise for bids for intersection improvements, at C-33/C-48/C-470, at an estimated cost of $200,000.00.
RECESS & REASSEMBLY
At l0:55 a.m. the Chairman announced that the Board would take a brief recess until the 11:00 a.m. Public Hearing.
CONTRACTS, LEASES & AGREEMENTS/LANDFILLS/MUNICIPALITIES
Mr. David Deans, Post, Buckley, Schuh & Jernigan, appeared before the Board to discuss the site analysis for Site K. He briefly outlined the recommendations and the environmental concerns of the site. He reviewed the site plan with the audience, in which he stated that the site is located at the Sumter County line and County Road 48 in western Lake County. The eastern side of the site is buffered by wetlands, which will have a conservation area within them, and it will enhance the environmental and wetland aspects of the area.
Mr. Deans noted that on Austin-Merritt Road, and to the east of County Road 48, there is a residential community, but there is also a ridge which obscures the visibility of the landfill from the community.
Mr. Randall Thornton, Sumter County Attorney, appeared before the Board, along with Mr. Glen Nelson, Sumter County Planning and Zoning Director, and noted Sumter County's concerns of the proposed Site K landfill, and requested that the next time Lake County wants to locate something on their border, that they be given official notice earlier in the process.
Mr. Nelson distributed and discussed with the the Board soil and water studies of the site with relation to Sumter County.
Mr. Thornton requested the Board not to construct the facility to just minimum standards and not to approve the facility if the construction cannot be performed in such a way as to avoid pollution and contamination.
Mr. C. L. Hicks, with the Citizens of Okahumpka Awareness Committee, presented a petition to the Board consisting of 250 signatures of residents who live within one mile of Site K, who are against the proposed landfill site in Okahumpka. He stated that the citizens are concerned with the effect that the site will have on the quality of life and the homestead investments of the citizens.
Mr. Hicks stated that the communities concerns are not unique and would be voiced by other communities facing this project, but they feel that their community and the impact upon it are unique compared to other more appropriate sites. They are concerned by the lack of interest in responding to their questions of concern by the people who are elected to represent them.
Mr. Hicks noted that the recommendations of the consultants, in reviewing the sites, do not include Site K in the short list of the five sites for consideration. He further noted that, the only criteria Site K has in its favor, is the support of the elected officials.
Mr. Hicks reviewed with the Board a map which illustrates the growth pattern that they anticipate in Okahumpka and the serious impact Site K would put on that growth, now and in the future. He stated that, Okahumpka has natural buffers of a wetlands, waterland system to the north; established borders along Highway 27 and the Yalaha community to the east; a sprayfield, turnpike, Sumter line, proposed prison site to the west on Highway 47: left only with the south 33, southwest 48, A. B. Merritt Road triangle where Site K is proposed. Siting the landfill in that area would be an immediate and substantial detriment to growth in that direction and a reduction in the investment value of the property owners.
Mr. Hicks feels that they are more of a community than some of the other sites; and with the incinerator in the middle of town, and the idea of a landfill on the edge of town, all of the waste from the other parts of the County must go through the center of Okahumpka. Their community must rely on the fairness of county government to stop this deteriation of their quality of life. He further stated that they deserve a quality of life equal to the incorporated areas. These threatened actions reinforce the opinion that Okahumpka is an across the tracks, low class, poor community, with no political voice. If Okahumpka is mandated into an industrial waste slum by county government it can only reflect negatively on the rest of the County. He noted that there are cities with more people than Lake County with larger waste problems, who have historical evidence providing the need for the distribution of industrial enterprises to prevent residential slum areas around them, stagnating the quality of growth of these residential areas.
Mr. Rick Johnson, President of the Avalon Home and Grove Association of west Orange County and representing the East Lake West Orange Concerned Citizens Committee, appeared before and expressed concerns to Site C. He stated that Site C merits less desirable rankings on the selected criteria matrix used for making the site determination. Because of it being a more expensive site than previously determined, with the Florida Power mainlines which bisect the site, the impact to the residential community, it would be in the pathway of future growth in an area that has increased in value, its proximity to the incinerator (26-28 miles away), and the environmental impact.
Mr. Johnson presented to the Board a petition with the signatures of property owners in the area who are against the proposed site.
Ms. Catherine O'Calvey, a resident near Site K, appeared before the Board and stated her concerns to the landfill being proposed there. She stated that Site N has less population around it than.this site. She also stated that they were under the impression that Site K was not under consideration, and wondered how it got to be considered. To which Commr. Gregg responded that Site K was picked by the Board from the report provided by the Landfill Selection Committee.
Commr. Swartz stated that the economic and socio-economic concerns was one of the three major categories that the report by the Committee investigated, and of those concerns Site K was the best choice.
Ms. O'Calvey stated that she has spoken to 78 of the families who would be directly affected by this and all of those families are opposed to this.
Commr. Bakich stated that the Board looked at the cost of the property, the proximity to the residents in the area, the number of landowners which must be negotiated with, the ability for buffering and screening from other surrounding land uses, and the environmental concerns. He further stated that those factors were considered for every site reviewed.
Mrs. Cecelia Bonifay, Attorney representing the McKinnon Corporation which is one of the owners in the proposed Site C, stated that the Board narrowed the choice down to Site K based on all of the factors to be considered, and that any site would have environmental problems associated with it. She noted that all of the factors that are expressed by the Okahumpka residents are going to be expressed by other people who represent other sites as well. Overall, Site K presents the least problems in terms of economy and environmental impacts, therefore, she recommended that the Board move forward to begin negotiations.
Mr. Dan McKinnon, a resident of Hartwood Marsh Road, appeared before the Board and stated that his family owns acreage identified within Site C. He stated his concerns to the landfill being place there, because of the planting of the citrus on the land.
Mr. Dick Merritt, who owns property south of the landfill Site K, appeared before the Board to discuss his concerns with the sinkholes on and surrounding the property. He was also concerned about the toxic waste which may permeate into the underground streams in the area and affect portions of the State.
Mr. Larry Phelps, Staff Hydrologist with Post, Buckley, Schuh & Jernigan, appeared before the Board and stated that they had ranked the sites based on the sinkhole potential. On Site K, in particular, they did some drilling, and found no indication of active sinkhole activity. He further stated that, due to the geology of Lake County, there is uniform potential for sinkholes, and there is no available method of accurately predicting the
occurrence of sinkholes on any particular piece of property. In one of the boorings done of a small depression on Site K, they found an absence of a confining bed, and the technical aspects of that booring do not indicate the presence of an active sinkhole. They investigated the site for sinkhole potential and this site does not have a higher sinkhole potential than any of the other sites.
Mr. Merritt reappeared before the Board and stated that Florida Power has put up a power line on the County line and there are two concrete pillars that hold up those power lines. Because of a sinkhole, one of the pillars had to have several loads of earth hauled in to keep the pillar from giving away. He discussed other sinkholes in that area, also.
Mr. Bill Middlemouse, a resident of Okahumpka, appeared before the Board and stated that Lake County has a bad reputation about not being an environmental county. He stated that he knows the landfill has to go somewhere in the County, and that if it has to go here, it should be constructed above minimum requirements. He feels that the Board should reinvestigate all of the possible sites before any money is spent, and review the long term aspects of the site.
Ms. Betty Sinegar, from Lake Panasoffkee, appeared before the Board and stated that she grew up in Center Hill, and she is against the sites chosen for the landfill. She stated that she feels that it would interfere with the lakes, and was concerned with the sludge which will be dumped onto the site.
Ms. Teresa Henry, a resident of Okahumpka, and President of the Lake-Sumter Community College Ecology Club, appeared before the Board and questioned whether mandatory recycling has been considered. To which Commr. Gregg informed her that Lake County is implementing a recycling plan at this time, but 80 percent of the waste cannot be recycled, and that the County is required, by law, to have a landfill.
Ms. Frankie Merritt, a resident of Sumter County, and an owner of property in Lake County which would be impacted by this landfill, appeared before the Board and questioned the Board whether they considered any impacts on Sumter County. To which Commr. Swartz responded that the Board does not want to put anything of a negative nature on any of the County lines, and that the conditions have been considered no matter where it was to go. She also questioned whether the impact on the road has been studied, and felt that a death trap was being created. She stated that there is a high concentration of undesirable elements being brought into the area with the incinerator, landfill, and prison. She was also concerned with the liner which is to line the landfill, and the possibility of the contents seeping through.
Commr. Swartz stated that the County will build a landfill that will meet the maximum standards with the best technology available, and will do everything they can to make that system work, but there are no guarantees.
Ms. Merritt questioned why Site N is not being considered, because it has access to a four lane road, and it is accessible from the incinerator.
Ms. Linda Tranor, a resident of Okahumpka, appeared before the Board and stated that she feels that they are being unfair to Okahumpka and would like the Board to find another site to place this landfill. She discussed the intersection improvements at C-33/C-48/C-470, which were supposed to have been done.
Mr. Charles Starling, a resident of Austin Merritt Road, appeared before the Board stating his concerns of the groundwater contamination and endangered species.
Ms. Gail Taylor, a resident of Okahumpka, appeared before the Board and stated her concerns to the additional traffic on the road and the children who wait for school buses along that roadway.
Commr. Swartz stated that, as part of the planning process, regardless of what site it goes on, that the County would do a traffic study outlining the direct access impacts and the impact it will have on the other roads in the area.
Mr. Richard Park, a resident near Site K, appeared before the Board and stated that the land there is low and wet, and advises not putting the landfill in that area.
Ms. Amy Carroll, a resident of Okahumpka, on the Okahumpka Awareness Committee and representing the Okahumpka Youth Group Cyclists appeared before the Board to state her concerns. She stated that Commr. Bailey had told her that when the community stands up for itself, making a whole, that he would stand up for them, and that the community is standing up for itself at this time.
Mr. Hicks reappeared before the Board and stated that, the citizens of Okahumpka, based their appeal on facts and data, and that there are better locations within Lake County for the proposed landfill.
Ms. Carol Bartholic, a resident of Hawthorne, appeared before the Board to state her concerns of Site K and the traffic problems already present at that intersection.
Mr. Allen Roof, a resident near Site C, appeared before the Board to state his concerns of the landfill going in that area, such as, the contamination of the groundwater.
Ms. Nina Ortiz, a resident of Mt. Dora, appeared before the Board and stated that, if a prison, incinerator, and landfill, are put in Okahumpka, that she would not travel in that area. She feels that the neighborhoods and businesses in Okahumpka will be destroyed.
Commr. Bailey stated that he would like Post, Buckley, Schuh & Jernigan, to ensure that the water contamination concerns do not occur. To which Mr. Deans responded that they have not yet designed the landfill, but do have state-of-the-art liner technology available, which are required for the disposal of hazardous waste.
Commr. Bailey stated that, since the incinerator has been placed in that area, a considerable amount of improvements have been necessary, and he does not feel that his district should not bear all of the impacts.
Commr. Bakich made a motion, which was seconded by Commr. Swartz, to move forward with the study on Site K and for staff to prepare final recommendations to be presented to the Board. Under discussion, Commr. Swartz stated that, of the 12 original sites presented, none of those sites would have been satisfactory to all of the people in Lake County or the surrounding counties. He felt that in reviewing the original sites, he wants to go forward with Site K, but he would be willing to look at Site N, again, if the Board is unsuccessful with Site K.
Commr. Bailey stated that he had no problem with that, but he would like to add another site also, that being the Astatula site.
Commr. Gregg noted that staff needs to know whether to proceed with the appraisals for Site K. To which Commr. Swartz responded that they are to go forward with Site K, but to reconsider Site N.
Commr. Bakich felt that it was the intent of the Board from the beginning to go forward with a site until a fatal flaw was found, then go to another site.
Commr. Gregg stated that if the Board wants to keep Site N, he does not object to that, because that was the intention for picking three sites, if the first one did not work out, to go to the next choice.
The Chairman called for a voted on the motion which was carried.
Commr. Bailey voted "No".
RECESS & REASSEMBLY
At 12:55 p.m. the Chairman announced that the Board would recess for Lunch and reconvene at 2:00 p.m.
CONTRACTS, LEASES & AGREEMENTS/FIRE PROTECTION/ORDINANCES
Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss the workshop for the consolidation of the fire districts. He discussed the history of the fire districts and the problems which prohibit the Board from going into a Public Hearing for consolidation at this time. He stated that one of the problems is because of the unauthorized transfer of general revenue funds, and another problem is in determining the appropriate process for the abolishment of the existing tax districts.
Ms. Annette Star Lustgarten, County Attorney, stated that the six fire districts were developed by Ordinance in 1979 and 1980, permitting ad valorem taxation through a referendum process. Those six districts were created, and the revenue source was imposed, and at some later time, the ad valorem taxation basis was changed to a special assessment process based on a land type of revenue source.
In 1985, the Commission created a Municipal Service Taxing Unit (MSTU), pursuant to Florida Statute Chapter 125, for the balance of the unincorporated area. At that time, a special assessment program was established for the unincorporated areas and the legislative body of the six fire districts was changed from a separate board to the Board of County Commissioners, and they were given authority to contract outside of their special districts. At some point in time, operational districts were created which incorporated the special districts and portions of the MSTU, in which there are ten, plus Mid Florida Lakes.
Ms. Lustgarten noted that, in consolidation, the unresolved issue is how to go about dealing with the existing special districts. The law is unclear, as to whether the special districts would need to be abolished by a referedum (because that was the way they were created), or whether it can be accomplished by an ordinance of the Board of County Commissioners and expanding the existing MSTU to incorporate those districts.
Ms. Lustgarten informed the Board that the former County Attorney did submit a request for an opinion from the Attorney General's Office, but the opinion has not been issued yet, because the Attorney General's Office needed a memorandum of law to support that request, which had not been submitted.
Ms. Lustgarten noted that one of the other issues that has been discussed, was the use of general revenue funds to supplement the budgets of some of the districts, which appears to be an unauthorized use of general fund money, because municipally generated funds cannot be used for unincorporated area purposes.
Commr. Swartz questioned whether the other types of revenues in the general fund can be segregated in that fund. To which Ms. Lustgarten responded that that is an option, but all of the revenue is, generally, co-mingled, and it is very difficult to segregate those types of co-mingled funds.
Mr. Alan A. Thelen, County Manager, stated that, in 1985, the Board adopted a method of assessment that charged lots, as well as agricultural and commercial land, and it has been found that it is impossible to assess lots. The Board needs to take that method out of the ordinance because it cannot be done without a new system being set up.
Mr. Strickland discussed the present operational districts, and stated that consolidation would allow revenue to be provided for the other districts, which is not an option at this time, because the special assessments provide for less revenue than needed for operation. He also discussed the alternatives for ad valorem and special assessments.
Commr. Swartz noted that the County could do a combination of structure/ad valorem taxation, and questioned whether an ad valorem tax could be put on those vacant properties. To which Ms. Lustgarten stated that, they could put the ad valorem tax on those vacant properties but, would have to tax all properties in that manner. He then questioned whether the tax could be structured so that there is a minimum, based on a $35.00 structure tax, or $35.00 plus a certain amount of ad valorem. To which Mr. Thelen responded that within bounds it could be done, but more equity could be obtained if both methods were used.
Mr. Thelen stated that the Board may wish to postpone this workshop on fire district consolidation until the next Board Meeting to allow the members time to review the consolidation material. They also, may wish to cancel the Public Hearing scheduled for November 15, 1989, until the Attorney General's opinion is received.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved to cancel the Public Hearing scheduled for 1O:OO a.m., November 15, 1989, concerning Fire District Consolidation.
At this time, the Board rescheduled today's workshop on fire consolidation for November 14, 1989, at 2:00 p.m.
Mr. Don Hamilton, Chief 55, District 5, appeared before the Board and stated that, in regards to the consolidation and raise in structure tax, the volunteers would have voted for the raise.
Commr. Swartz noted that the reason the Board did not take action to raise that fee was that it would have been hard to justify that raise, because the bulk of the fires which the fire services handle occur in the acreage and vacant lots, and most of the revenue is coming from the residential and commercial areas.
Commr. Swartz requested staff to try to develop a method by which the County can charge vacant lots, and acreage, so that minimum and maximum amounts are allowed, without charging the residential homeowner more than $35.00.
COMMISSIONER BUSINESS
RESOLUTIONS/STATE AGENCIES
Commr. Swartz informed the Board that the CARL Projects Committee is meeting tonight in Orlando, and he felt that it would be appropriate for the Board to show their interest and encouragement, therefore, he had requested staff to prepare a Resolution to that effect.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously the Board approved and adopted the Resolution endorsing the efforts of the CARL Projects Committee.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)
BIDS/ROADS-COUNTY & STATE/ROAD PROJECTS
Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request to advertise for bids for the paving of Golf Links Avenue 4-5057, at an estimated cost of $115,000.00. He stated that this project will be included with the previously approved project on Dillard Road, which is adjacent to.this project.
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the request to advertise for bids for the paving of Golf Links Avenue 4-5057, at an estimated cost of $115,000.00.
BIDS/ROADS-COUNTY & STATE/ROAD PROJECTS
Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request to advertise for bids on the County-wide resurfacing program, Project #3-90, at a total cost of $487,623.00. He stated that the majority of the roads scheduled for this project are in need of repair, due to cracks and potholes. He also stated that, they have analyzed the amount of the road useage and changed the type of asphalt where appropriate, and that now they are using Thermoplastic striping, which is more resilent.
On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request to advertise for bids on the County-wide resurfacing program, Project #3-90, at a total cost of $487,623.00.
PUBLIC WORKS/ROADS-COUNTY & STATE/ROAD PROJECTS
Mr. Jim Stivender, Director of Public Works, appeared before the Board to present and discuss the 1989-90 Road Program utilizing County Transportation Trust (CTT) funds, at an approximate cost of $2,012,377.00. He stated that he was available for the members of the Board to physically look at the roads on the program, if they wished to. This program is used as a guide to enable staff to start right-of-way acquisitions, surveying, engineering, design work, and apply for Department of Transportation and St. Johns River Water Management permits. The Board may have other items or projects which they may feel should be added to this program.
Commr. Swartz stated that the Board may want to consider the need for identifying accident prone areas and explore the option of placing street lights along such areas, which could be paid for with CTT funds. He further stated that the Board could consider constructing sidewalks along certain urbanized roads, which could also be paid for with CTT funds.
Mr. Stivender stated that, presently, the County is constructing a sidewalk along the left side of Eudora Road, from the K-Mart Shopping Center to Highway 19A.
Commr. Gregg noted that there is a need for a sidewalk at Treadway Elementary School in District 1.
Mr. Stivender stated that his department would look at these suggestions, but that the Public Works Department does not have the manpower to do sidewalk repair or maintenance. He noted that he would contract out for building the sidewalks, but that, in the future, due to settlement and cracks, those sidewalks would need maintaining.
Mr. Stivender stated that he would be contacting each Commissioner in the next two weeks to discuss the roads involved.
No action was needed at this time.
COMMITTEES/PUBLIC WORKS/ROADS-COUNTY & STATE/ROAD PROJECTS
Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss and present the 1989-90 Road Impact Fee Program utilizing Road Impact Fees, at an approximate cost of $2,358,000.00. He stated that these roads do not run along Commissioner's districts lines and it only deals with arterial roads. This program has been through the Impact Fee Committee, consisting of the County and the cities involved.
No action was needed at this time.
COUNTY ATTORNEY MATTERS
BUDGET TRANSFER/COUNTY ATTORNEY
Ms. Annette Star Lustgarten, County Attorney, discussed the request to transfer funds from the Attorney Fees line item into various line items for operation of her office.
Commr. Swartz questioned Ms. Lustgarten as to when the Assistant County Attorney will be chosen. To which Ms. Lustgarten responded that she will be making a decision this week, in which that person should be available in approximately three weeks.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for the transfer of funds from the Attorney Fees line item, into various line items for the operation of the County Attorney's Office.
ACCOUNTS ALLOWED/COUNTY ATTORNEY
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board approved the request to establish a Petty Cash Fund, in the amount of $50.00, for the County Attorney's Office.
COUNTY ATTORNEY/SUITS AFFECTING THE COUNTY
Ms. Annette Star Lustgarten, County Attorney, informed the Board that the County was successful in the litigation which was pending regarding Olson versus Lake County, involving a personal injury suit regarding an alleged County road. The court found that it was not a county road, and found a motion for summary judgment granted finding the County not responsible, nor was the Federal Department of Transportion responsible.
COMMUNICATIONS/COUNTY ATTORNEY/LICENSES & PERMITS/MEETINGS
Ms. Annette Star Lustgarten, County Attorney, stated that an appeal has been filed, by the Greater Orlando Aviation Authority against Guy Gannon Publishing Company, regarding the issuance of building permits for radio towers in Lake County. The Circuit Court granted a temporary injunction pending the administrative hearing process. They are proceeding under Lake County's Code dealing with Airport Zoning, fashioned after Florida Statute 333, which provides the Board of County Commissioners, sitting as a Board of Adjustment, to hear appeals from decisions of administrative officers of the County. The filing of that appeal, pursuant to that Code provision, creates a stay regarding any ongoing activity. In this instance, the temporary injunction by the Court accomplished that, as well.
Ms. Lustgarten stated that, the Commission needs to set a hearing for the appeal, which must be publicly advertised, and notice also given to the involved parties. She stated that, this is a new procedure for the County, since it is the first time this has occurred.
Commr. Gregg noted that he would be declaring a conflict of interest on this matter, therefore, he directed Commr. Bakich, as Vice-Chairman, to chair this meeting.
Ms. Lustgarten stated that she has been in contact with the Attorney for the Greater Orlando Aviation Authority and was informed that they would need a notice of one day. She noted that this would be an evidentiary hearing, with direct and cross examination.
Commr. Bakich stated that, he had discussed this with several of the people involved, and was informed that they should be able to provide their information in no more than one hour.
Ms. Lustgarten noted that, because the Board of County Commissioners will be sitting as the Board of Adjustment, she, as the County Attorney will be with them. Therefore, she will need to hire outside counsel to represent the County in the administrative hearing, because it is an appeal of the Building Official's issuance of building permits. and, also, someone at the hearing will need to represent the County, as the Appellant.
COMMISSIONERS
At 3:25 p.m. Commr. Gregg turned the Chairmanship over to the Vice-Chairman, Commr. Bakich.
COMMUNICATIONS/COUNTY ATTORNEY/LICENSES & PERMITS
MEETINGS (CONT'D.)
Mrs. Annette Star Lustgarten, County Attorney, requested the Board to set a hearing date and to authorize her to go forward with the hiring of an outside counsel for this hearing.
At this time, the members of the Board discussed a reasonable time to set for the hearing of the appeals, allowing ample public and due notice to the interested parties.
COMMISSIONERS
At 3:40 p.m., the Vice-Chairman, Commr. Bakich, returned the Chairmanship to Commr. Gregg.
COMMUNICATIONS/COUNTY
MEETINGS (CONT'D.)
Mr. Jerry T. Lockett, Attorney representing Guy Gannon Publishing Company, who want to build the radio towers, appeared before the Board and stated that, there is presently an injunction against them. The case was heard before Judge Peterson's Circuit Court, where the judge stated that, based upon the automatic stay provision in the County Ordinance, he would not allow construction to commence until the hearing before the Board of County Commissioners has taken place. He pointed out that it was extremely important to his client that this hearing take place in a timely manner. He stated that approximately half of a day would amply take care of the matter.
Ms. Annette Star Lustgarten, County Attorney, stated that, presently, it is unclear as to what the role of the Board will be at the hearing, and that item needs to be discussed. She emphasized that it is a County decision that has been appealed by the Greater Orlando Aviation Authority.
Mrs. Cecelia Bonifay, Attorney representing Greater Orlando Aviation Authority retained as local counsel, appeared before the Board and stated that she has been informed that the hearing would take approximately three to four hours.
At this time, the Board set the meeting for Monday, November 20, 1989, at 9:00 a.m.
COMMISSIONER BUSINESS (CONT'D.)
APPOINTMENTS-RESIGNATIONS/LIBRARIES/MUNICIPALITIES/RESOLUTIONS
Commr. Swartz brought to the attention of the Board that the City of Tavares has recommended that Ms. Jean Doyle be appointed, as the Tavares representative, on the Lake County Library Board.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request for the appointment of Ms. Jean Doyle, as the Tavares representative, on the Lake County Library Board, with a term to expire September 30, 1991, and that a Resolution of Appreciation be prepared for, and presented to, Ms. Brenda vonHartmann for her service to Lake County.
BIDS/OUTDOOR RECREATION
Commr . Swartz informed the Board that all of the permits have been received on the boat ramp at Marsh Park, and staff is preparing a bid package.
No action was needed at this time.
COUNTY MANAGER/FINANCE DEPARTMENT
Commr. Gregg stated that due to frequent calls from underwriters and physical advisors, he would like to see this process go through the Finance Department and the County Manager, so that the Commissioners will not be lobbied so strongly.
Commr. Bakich stated that he did not have any problem with coordinating those types of matters through the County Manager's Office.
The consensus of the Board was unanimous to follow the policy indicated in reference to financial advisors.
No action was needed at this time.
LAWS & LEGISLATION/MEETINGS
Commr. Bailey brought to the attention of the Board that the Legislative Delegation will be meeting on December 4, 1989, at 1O:OO a.m., and questioned the other members whether they had any issues which needed to be brought up.
No action was needed at this time.
WATER AUTHORITY
Commr. Swartz questioned whether there has been any further discussion with Water Authority as to what direction they may be going, as to what requires legislative authority or what the County can do by referendum. To which Commr. Gregg responded that he has discussed this matter with a member of the delegation and is unsure as to how the Board stands, but he would like to see the Water Authority Board be appointed by the County Commission by districts.
Commr. Gregg questioned if the Water Authority did become an appointed body by this Commission, would there tax levy be considered on the Commission's 10 mill cap. To which Ms. Annette Star Lustgarten, County Attorney, stated that they would, if they were given ad valorem taxation power in the creation of that Board.
No action was needed at this time.
CONTRACTS, LEASES & AGREEMENTS/LANDFILLS/MUNICIPALITIES
Commr. Gregg requested clarification as to the earlier motion made concerning the landfill site.
Commr. Bakich stated that the motion he made earlier was strictly for Site K to be the chosen landfill site. He had commented that should that site demonstrate a fatal flaw, to revert back to the other sites.
Commr. Swartz stated that he had seconded that motion, and for discussion, added that he would consider looking at Site N should that site fail, but the motion was never amended as such.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:47 p.m.
C. W. "CHICK" GREGG, CHAIRMAN
JAMES C. WATKINS, CLERK
LS/WP-4/11/15/89 10:52