A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JANUARY 6, 1981

The Lake County Board of County Commissioners met in Regular Session on Tuesday, January 6, 1981, at 9:00 A.M. in the Board of County Commissioners' Meeting Room, Courthouse, Tavares, Florida. Commissioners present were: Glenn C. Burhans, Chairman; Thomas J. Windram; Claude Smoak; James R. Carson, Jr.; and C. A. "Lex" Deems. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney: and Mary C. Grover.

The Invocation was given by Mr. Watkins and the Pledge of Allegiance was led by Commr. Windram.

FIRE DISTRICTS/COMMUNICATIONS

Commr . Burhans informed the Board he had received a request from the Bassville Fire District requesting to lease a piece of property from the County near the junction of US 441 and State Road 44.

It was the feeling of the Board the discussion should be tabled until Chris Ford, County Attorney, would be present.

FIRE DISTRICTS/COMMUNICATIONS

Commr . Burhans read a second request from the Bassville Fire District requesting the use of the County Barn and County employees to do the District's major vehicle repair work.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board directed a letter be sent to the Bassville Fire District informing them the County does not have the facilities nor the personnel to handle the Fire District's repairs.

RECESS & REASSEMBLY

At 9:lO A.M. the Chairman announced the Board would recess for fifteen (15) minutes.

The Board reconvened at 9:25 A.M.

COMMUNICATIONS

Commr. Burhans informed the Board he had received a letter from the Office of the Governor inviting the Commissioners to attend the January meeting of the Commission on the Status of Women in Tallahassee on January 12 & 13, 1981.

COMMUNICATIONS

Commr . Burhans stated the Board had received an invitation from the Florida State Fair Authority and the Greater Tampa Chamber of Commerce to attend the annual Governor's Luncheon on February 10, 1981.

The Board directed the Clerk to write a letter stating February 10, 1981 is a regular Board meeting day; therefore, the Board will be unable to attend the luncheon.

SHERIFF

Commr . Burhans stated he had received a letter from Sheriff Griffin requesting additional space. The Board referred the request to the Building Committee.

NURSING HOME

On a motion by Commr. Carson, seconded by Commr. Smoak and

carried unanimously, the Board approved a letter of appreciation be written to Mr. C. C. Connell for his contribution of two new color television sets to Lake Memorial Nursing Home.

PUBLIC HEALTH/RESOLUTIONS

Commr . Burhans stated he had received a letter from Dr. Atkinson, Director, Lake County Health Department, requesting a Resolution be drawn up for the following fees:

Septic Tank Inspections & Permits $15.00

Agency Employee Physical Examinations $25.00

Medical Services Re-Imbursable by Insurance Fee Allowed

Adult Vaccines Cost of Vaccine

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board authorized the County Attorney to draw up a Resolution as requested by Dr. Atkinson, Lake County Health Department. To be retroactive to January 1, 1981.

POLLUTION CONTROL/COMMITTEES

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board accepted the resignation of Mr. Ralph Roane, District #3, Lake County Pollution Control Board, in the capacity of Engineering and directed the County Attorney to draw up a Resolution of Appreciation for his service to Lake County.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board appointed Mr. William H. Dailey to the term vacated by Mr. Ralph Roane, District #3, Lake County Pollution Control Board, in the capacity of Engineering.

BONDS - MOBILE HOME

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request for Gordon G. Oldham, III, Howey Area, District #3, to live in a mobile home on the same piece of property on which his conventional dwelling is being built, subject to the proper bond being posted and with the understanding the mobile home will be removed immediately upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request for Sam Dale, Pine Lakes Area, District #4, to live in a mobile home on the same piece of property on which his conventional dwelling is being built, subject to the proper bond being posted and with the understanding the mobile home will be removed immediately upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners.

BONDS - MOBILE HOME CANCELLATIONS

On a motion by Commr. Windram, seconded carried unanimously, the Board cancelled the bonds in that the conventional dwellings had by Commr. Smoak and following mobile home been completed and the mobile homes removed from the properties:

Leon Martin

Scott Carroll

Charles Nix

Elmer Napier

David B. Weis

ACCOUNTS ALLOWED/PLANNING/PUBLIC WORKS

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved for Mike Willett, Development & Public Works Department, Howard Pollard, Planning, Kathy McDonald, Public Works, and Sandy Minkoff, County Attorney's Office, to attend a one-day seminar on Impact Fees sponsored by the East Central Florida Regional Planning Council, at Lake Buena Vista on January 21, 1981 at an anticipated cost of $100.00.

ACCOUNTS ALLOWED/POLLUTION CONTROL

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved for Ted Wicks, Pollution . Control Director, to attend the quarterly meeting of the Florida Local Environmental Regulation Association in Jacksonville, Florida, on January 14 & 15, 1981 at an anticipated cost of $50.00.

GRANTS - COMMUNITY DEVELOPMENT BLOCK GRANT

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board authorized the signatures of the Chairman, Vice-Chairman, Clerk, and Finance Director on HUD Signature Cards and Certification for 1981.

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved payment to Sumter Electric Co-op, Inc., in the amount of $25.00 for connection fee and utility bills on school flashers on SR 33 and Parkwood Road, as per maintenance agreement with DOT dated October 24, 1980.

PUBLIC WORKS/ROADS - RIGHT-OF-WAY

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board adopted the right-of-way map for Montclair Road.

CETA/COMMUNICATIONS

Commr . Windram read a letter from Mr. Randall Thornton, County Attorney for Sumter County, regarding the possibility of combining Sumter County and Lake County CETA Programs to become a prime sponsor. It was the feeling of the Board they would prefer Lake County to become a prime sponsor individually at this time. The Board directed a letter be written to Mr. Thornton.

PURCHASING/BIDS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board awarded the bid for Filled Rip-Rap Bags to Golden Triangle Builders at the following prices: 4 to 1 mixture - $2.38/bag 5 to 1 mixture - $2.14/bag

PURCHASING/CONTRACTS, LEASES, & CONTRACTS

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board authorized the Chairman and the Clerk to sign the Interlocal Agreements Providing For Cooperative Purchasing Among Governmental Agencies for Pasco Fire District and the Town of Montverde.

PURCHASING/BUDGET

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board lifted the moratorium on the purchasing of equipment.

POLLUTION CONTROL

Chris Ford, County Attorney, presented the Lake County Pollution Control Board Rules and Regulations, Revisions and Additions. Mr . Ford stated he felt the Rules should be advertised for a public hearing. Ted Wicks, Pollution Control Director, appeared before the Board with a summary of the revisions and additions.

On a motion by Commr. Carson, seconded by Commr. Smoak and

carried unanimously, the Board approved for the Revisions and Additions to the Pollution Control Board Rules and Regulations be advertised for a public hearing on February 3, 1981. The Board directed Ted Wicks, Pollution Control Director, to notify the municipalities and people who operate sanitary treatment plants of the public hearing.

NURSING HOME/COUNTY EMPLOYEES

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved a merit increase for Mrs. Sherron Hicks, Nurses Aide, Lake Memorial Nursing Home, increasing her hourly rate from $3.35 to $3.48.

WATER AUTHORITY/INSURANCE

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the inclusion of the Oklawaha Basin Recreation and Water Conservation and Control Authority under the County Group Insurance Program for their salaried employees.

COMMUNICATIONS

Commr . Deems informed the Board he had received a letter from Hawthorne inviting the Commissioners to attend a lecture given by Maggie Kuhn of the Gray Panthers, regarding her support to bridging the generation gap between youth and older persons.

COMMUNICATIONS/POLLUTION CONTROL

Commr . Smoak presented a Progress Report from the Upper Palatlakaha Basin Comprehensive Water Study.

BONDS - CONTRACTOR

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the following Contractor Bonds and Cancellations:

NEW

1948-81 Harold Ramey (Insulation Installation)

1965-81 Willard D. Kennedy (Master Electrical)

CANCELLATIONS

490-77 Don H. Gilileo dba Gilileo Roofing

1461-78 Asbury Floyd (Plumbing)

1714-78 Gary D. Sullivan

1885-80 H. Clifton Bailey (Masonry)

LICENSES & PERMITS/BONDS

On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board approved the following gun permits and bonds:

Barney Gorski Ronald E. Hill

Chester A. Blackmon, Jr. Malcolm McCall

Larry D. Chauncy Willis McCall

Donna DeVoe Thomas Richey

Edith DeVoe Eugene Roggelin

Donald G. Scism Byron Trammel1

Douglas B. Sewell

Commr . Smoak voted "No".

ACCOUNTS ALLOWED

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved payment of warrants #12594 through #12944 for the following accounts:

General Revenue Fine & Forfeiture

Revenue Sharing County Transportation Trust

Landfill Mosquito Control

Aquatic Weed EMS

201 Facilities Block Grant

Section 8 CETA

INDIGENTS

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the payment of the fol l Indigents:

APPROVED: Grandview Apartments for Bruce Rinehart........$50.00

CANCEL: Edith Rideout for James Nichols................$42.50

RESOLUTIONS/EMS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board declared the month of January, 1981 as Emergency Medical Services (EMS) Month as requested by the East Central Florida Regional EMS Council and authorized the County Attorney to draw up a Resolution.

REPORTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of the Annual Financial Audit for the St. Johns River Water Management District for FY 79-80.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of the December l-5, 1980 and the December 8-12, 1980 Department of Revenue, Traffic/Criminal Cases.

FUNDS - TRANSFER

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the following Budget Transfers:

Transfer $43,035 from 001-599-1-00-99-000-999 "Contingency Reserve" to the following accounts:



Agriculture Department 001-537-1-00-43-000-463 $ 1,650.

Bldg. & Ground Maint.

Reason: Purchase of two condensors.

Board Operations 001-542-1-00-01-010-490 27,500.

Other Current Charges

Reason: Improvements to the Leesburg Municipal Airport.

Supervisor of Elections 001-519-1-00-12-020-170 5,000.

Other Personal Services

Reason: Poll Workers, Canvassing and Part-Time Election Workers.

Planning Department 001-515-1-00-18-010-315 1,885.

Other Prof. Services

Reason: Audit Fees for B-78 Block Grant.

Sheriff 001-523-1-00-21-000-463 7,000.

Bldg. & Ground Maint.

Reason: New lighting system.

Board Operations

Transfer $500.00 from 001-511-1-00-01-010-640 "Machinery & Equipment" to 001-511-1-00-01-010-510 "Office Supplies.



Reason: To cover miscellaneous supplies.

Finance & Administration

Transfer $2,000.00 from 001-513-1-00-01-020-320 "Accounting &

Auditing Fees" to 001-511-1-00-01-010-520 "Operating Supplies".

Reason: To cover fertilizer and other operating supplies.

Supervisor of Elections

Transfer $100.00 from 001-519-1-00-12-010-510 "Office Supplies" to 001-519-1-00-12-010-462 "Equipment Maintenance".



Reason: To cover current maintenance expenses.

Building & Zoning

Transfer $100.00 from 001-524-1-00-18-030-510 "Office Supplies" to 001-524-1-00-18-030-520 "Operating Supplies".



Reason: Supplies for the Code Enforcement truck.

Pollution Control

Transfer $105.00 from 001-537-1-00-46-000-510 "Office Supplies"

to 001-537-1-00-46-000-349 "Other Contractual Services".

Reason: To cover current expenses.

Expo and Farmers Market

Transfer $300.00 from 001-574-1-00-49-000-510 "Office Supplies"

to 001-574-1-00-49-000-400 "Travel & Per Diem".

Reason: Increased travel expenses.

Transfer $39.00 from OOl-574-l-00-49-000-340 "Contractual Services" to 001-574-1-00-49-000-170 "Other Personal Services".



Reason: Part-time medical services.

Auto Inspection

Transfer $250.00 from 001-524-1-00-53-000-520 "Operating Supplies" to 001-524-1-00-53-000-640 "Equipment".

Reason: Purchase of two mirrors.

County Court

Transfer $5,000.00 from 111-599-1-00-99-000-999 "Contingency Reserve" to 111-516-1-00-02-300-493 "Fees & Costs".



Reason: Fees not budgeted for witnesses and jurors.

Federal Revenue Sharing

Transfer $15,285.00 from 113-541-1-00-61-100-534 "Repair & Reconst Road" to 113-541-1-00-61-100-670 "Roads".



Reason: Road construction.

SIGNS/PUBLIC WORKS/OUTDOOR RECREATIONAL FACILITIES

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request of Sylvan Shores Association to place signs stating "Sylvan Park is Maintained by the Sylvan Shores Association" at Sylvan Park.

SUITS AFFECTING THE COUNTY/MUNICIPALITIES

Chris Ford, County Attorney, informed the Board he had received a request from the City of Umatilla requesting the Board accept service of the suits they have filed in regards to the Umatilla Spray Field zoning case. It was the feeling of the Board not to accept service at this time, but wait until they are served by the Sheriff's Department.

SHERIFF/RESOLUTIONS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, signature authorization was given for the Chairman and the Clerk to sign the Resolution of Appreciation for former Sheriff Malcolm McCall.

COMMISSIONERS

At this time, Chris Ford, County Attorney, presented a gavel to Commr. Burhans, Chairman, 1981.

CLERK OF THE CIRCUIT COURT

Mr. Watkins, Clerk, informed the Board he was served with a law suit. He stated every Clerk in the State of Florida and their successors in office are being sued by Mr. Robert G. Kirn et al. He further stated the case was challenging the propriety of the Clerk to remitting interest earned on Court Registry monies to the respective counties and instead claims that such interest to be the rightful property of the depositor.

Mr . Watkins stated should the suit be successful, Lake County would lose $20,000 to $40,000 per year in interest income off the Court Registry money.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board authorized the Clerk to enter into a contract with Mr. Fred Baggett, attorney representing other Clerks named in the suit, with the retainer fee being $l,OOO.OO (up to 250 hours of legal services rendered) plus $250.00 for pro rata share of the cost.

COMMISSIONERS

Commr . Burhans, Chairman, presented the list of liasion appointments for 1981.

RECESS & REASSEMBLY

At 11:25 A.M. the Chairman announced the Board would recess for lunch at the Golden Corral, Eustis, with the press and public invited on a dutch-treat basis.

At 2:00 P.M. the Board reconvened for Code Violations.

CODE VIOLATIONS

PUBLIC HEARING zv-80-86 Lakeside Memory Gardens

Mr. Phillip Nohrr, attorney for the petitioner, was present to answer any questions the Board might have. Mr. Nohrr stated the vaults had been moved to the back of the property with a wooden fence surrounding the vaults. He further stated the vaults cannot be seen by the road.

Commr . Smoak made the motion to amend the CUP to allow burial vaults stipulating that no additional supply of vaults be placed there and that the complainant is satisfied with the decision.

The motion died for a lack of a second.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board declared Lakeside Memory Gardens in violation of Ordinance 1971-6 and granted them sixty (60) days to remove the vaults from the property.

PUBLIC HEARING ZV-81-2 Lamar J. Collins

No one present wished to discuss this case with the Board.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board declared Mr. Collins in violation of Ordinance 1971-6 and Ordinance 1970-l and granted him thirty (30) days to comply.

PUBLIC HEARING ZV-81-5 Gladys Riley

No one present wished to discuss this case with the Board.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board postponed this case until February 3 , 1981 at 2:00 P.M. or soon thereafter as possible.

PUBLIC HEARING zv-81-6 Glen Townsend

No one present wished to discuss this case with the Board.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board declared Mr. Townsend in violation of Ordinance 1971-6 and Ordinance 1970-l and granted him thirty (30) days in which to comply.

PUBLIC HEARING zv-81-7 James Elmore

No one present wished to discuss this case with the Board.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board declared Mr. Elmore in violation of Ordinance 1971-6 and Ordinance 1970-l and granted him thirty (30) days in which to comply.

RESOLUTIONS/HOSPITALS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, signature authorization was given for the Chairman and the Clerk to sign the Resolution Regarding Emergency Medical Services Certificate of Public Convenience and Necessity for the Northwest Ambulance District.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, signature authorization was given for the Chairman and the Clerk to sign the Resolution Regarding Emergency Medical Services Certificate of Public Convenience and Necessity for the Northeast Ambulance District.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 2:40 P.M.

The Board reconvened at 2:41 P.M. for an additional matter of business.

PUBLIC HEALTH

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved to transport Mr. Timothy Bell, Leesburg, to A. G. Holly State Hospital by ambulance on January 7, 1981.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 2:44 P.M.

Glenn C. Burhans, Chairman

James C. Watkins, Clerk

mcg