A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 1, 1981

The Lake County Board of County Commissioners met in Regular Session on Tuesday, September 1, 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: Christopher C. Ford, County Attorney, and Pat Shirah.

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

MINUTES

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the Minutes of August 18, 1981, as amended and corrected.

BUDGETS/SHERIFF'S DEPARTMENT

Chris Ford, County Attorney, and Sandra Stockwell, County Attorney's Office, appeared before the Board regarding the Sheriff's Budget Appeal. Mr. Ford stated that his office had filed for a motion for dismissal due to the Sheriff possibly being one day late in filing his appeal, and also a motion to strike which requests the hearing officer to strike the amount in excess of the budget the Sheriff actually submitted to the Board of County Commissioners.

Mr. Ford stated that the Board's Reply should be submitted at the same time to the Governors Office.

Mr. Ford stated his office had talked with the Governors Office earlier today and that if the Board's Reply was mailed today and certified that it would be adequate.

Discussion occurred regarding the Board's Reply to the Sheriff's Budget Appeal.

MT. Ford stated that the Clerk's Office had made an extensive investigation as to how Sheriff's Budgets are treated in other counties in Florida and that the Sheriff's Departments in other counties were all different from Lake County.

The Board requested several changes be made to the Reply. Mr. Ford stated he would have a new Reply made and would present it to the Board later in the day for their review.

PUBLIC WORKS AGENDA

PLANNING DEPAKTMENT

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request for Dean A. Pike and Kate C. Pike - Emeralda Island Area - District #5 - Case #81-31, for waiver of improvement requirements and plan requirements of the Subdivision Regulations - Section 62.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request for Ronald McDivitt - Lake Eustis Village Area -District # 1 - Case #81-32, for waiver of improvement requirements and plan requirements of the Subidvision Regulations - Section 62.

On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board approved the request for Frederick Westman - Fullerville Area - District #5 -Case #81-33, for waiver of improvement requirements and plan requirements of the Subdivision Regulations - Section 62.

Commr. Smoak was not present for the vote.

BONDS - MOBILE HOME

On a motion by Commr. Windram, seconded by Commr. Carson and carried, the Board approved the request of Lewis S. McLain, Jr. - Sorrento 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.

Commr. Smoak was not present for the vote.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the request for James Hamley - Paisley Area - District #5 , 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. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for George Gearhart - Umatilla Area - District #5, 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. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for Daniel F. Ansley - Deerhaven Area - District #5, 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 RENEWALS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request for Sam D. Whitman - Yalaha Area - District #2, to renew his mobile home bond for one (1) year.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request for John H. Ewing - Eustis Area - District #4, to renew his mobile home bond for one (1) year.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request for James B. Paynter - Emeralda Island Area - District #5, to renew his mobile home bond for one (1) year.

BONDS - MOBILE HOME CANCELLATIONS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board accepted the mobile home bond cancellation from Harold Montgomery due to the fact the property owners have complied with the surety bond agreement by removing their mobile home.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board accepted the mobile home bond cancellation from Raymond F. Fomby, due to the fact the property owner does not intend to construct a dwelling unit at this time.

PUBLIC WORKS/ACCOUNTS ALLOWED/ROADS-COUNTY,STATE

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved final payment on Project #12-81, DR #4-4365, Lavonne Avenue, Crescent, Alice and Central to Superior Asphalt Co., Inc., in the amount of $9,241.62

PUBLIC WORKS/ACCOUNTS ALLOWED/ROADS-COUNTY, STATE

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved partial payment on Project #14-81, Ferndale Community Road, to Superior Asphalt Co., Inc., in the amount of $11,556.42.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved final payment on Project #13-81, Countywide Resurfacing, to Macasphalt, Inc., in the amount of $282,198.05.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved to release the sum of $23,518.00, from County Club View Subdivision, 4th Addition Escrow Account, to Silver Lake Estates.

CONTRACTS & LEASES & AGREEMENTS/PLANNING DEPARTMENT/AUDITS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board authorized the Chairman to sign the Section 8 Audit Agreement with Brooks, Brown & Co. which was approved by the Board on July 14, 1981.

CONTRACTS & LEASES & AGREEMENTS/PUBLIC WORKS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request from Lake Correctional Institute for approximately $13,000.00 worth of fill to be purchased from Lake County, subject to the properly worded contract being drawn and signed by both parties.

COUNTY BUILDINGS/PUBLIC WORKS/PURCHASING

On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board approved the request to assign the "Depot" currently occupied by the Purchasing Department to the Public Works Department for a new Sign and Survey Shop.

Commr. Windram was not present for the vote.

PUBLIC WORKS/ROADS-COUNTY, STATE

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the request to repair Pine Street for Howard Carrell, in the amount of $150.00 on a one-time maintenance agreement and to repair Pine Street for Herschel Rankin, in the amount of $150.00 on a one-time maintenance agreement.

Commr. Windram was not present for the vote.

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the request to repair W. Palm Circle for Jim Livingston, in the amount of $50.00 on a one-time maintenance agreement. Commr. Windram was not present for the vote.

MUNICIPALITIES/PUBLIC WORKS/ROADS-COUNTY, STATE

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

carried unanimously, the Board approved the request from the City of Minneola for the County to repair a street in Tower Ridge Subdivision, on a one-time maintenance agreement at a cost of $639.00.

COUNTY EMPLOYEES/PUBLIC WORKS/ACCOUNTS ALLOWED

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to reimburse Frances Evans, Secretary II in the Public Works Department in the amount of $61.45, upon successful completion of a Business English Course at Lake Sumter Community College.

BIDS/ROADS-COUNTY, STATE/PUBLIC WORKS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board awarded the bid on Project #21-81, Design Build Construction, #5-7776 Saltsdale Road, 115-7672 Skyline Drive, #5-7874 West 6th Avenue, #5-7875 West 5th Avenue, #5-7974 West 4th Avenue and #5-7975 West 3rd Avenue, to Square G Construction Co., in the amount of $179,524.68.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board awarded the bid on Project 1122- 81, Design Build proposal to install school zone signs and markings with flashing beacon (standard two-lane treatment) at Middle School West on C-468 in Leesburg, to Control Specialties Co., in the amount of $4,400.00.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request from the YMCA, Indian Guide Program, to use Marsh Park on September 11, 1981, for a Campfire and Induction Ceremony from sundown to approximately 9:30 P.M.

The motion also included Mike Willett, Development and Public Works Director, to notify the Sheriff's Department of the Board's action.

LAWS & LEGISLATION

Senator Richard Langley appeared before the Board at this time. senator Langley introduced to the Board his new Administrative Aide, Mr. Fred McDowell.

Discussion occurred regarding the Tax-Free Bonds for housing in Lake County. Commr. Smoak stated that he was in the process of gathering a packet of information for the Boards review.

Discussion occurred regarding drug related confiscated property and what the funds are being used for in Lake County.

Chris Ford, County Attorney, stated he would draft an opinion for Senator Langley's review.

Senator Langley discussed the Homestead Exemption Bill (in which every property owner would pay on the first $5,000.00) and requested the Board draw a Resolution to send to the State Association of County Commissioners stating Lake County approves of the bill to try and get the proposed bill put on the 1982 General Election Ballot.

Discussion occurred regarding the possibility of a Juvinile Detention Center being located in Lake County. Senator Langley requested the Board draw a Resolution stating Lake County would like to have the Juvenile Detention Center located in Lake County and possible locations for the Center.

Senator Langley also suggested the Board appoint a liason commissioner to work with Mr. Bob Wear, HRS.

Discussion occurred regarding the South Lake County Aviation Authority, Senator Langley requested the Board appoint the Authority Members as soon as possible.

Commr. Smoak requested the County Attorney's Office to send him a copy of the Statute for his review.

Senator Langley expressed his concern regarding the Wekiva River Area and hunters in the area and discussed the amendment to the bill preventing the possession of guns on the river.

Senator Langley informed the Board of his proposed reapportioning of the Senate Districts in Florida. Senator Langley stated he is recommending Lake, Sumter, Hernando, Levy and Citrus Counties in a district.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board authorized the County Attorney's Office to draw a Resolution supporting Senator Langley's recommendation to be sent to the reapportionment Committee in Tallahassee.

COMMUNICATIONS/MVI STATIONS

Commr. Windram read a letter from C. C. Reynolds, Chief of Bureau of Motor Vehicles regarding Motor Vehicle Inspections Stations.

COMMUNICATIONS/MUNICIPALITIES/PLANNING DEPARTMENT

Commr. Burhans read a letter from the City of Umatilla requesting the County assist the City in rezoning certain areas of the City.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved for the Lake County Planning and Zoning Department to help the City of Umatilla in rezoning.

COMMUNICATIONS/PUBLIC WORKS/SIGNS

Commr. Burhans read a letter from the Business People of Astor requesting the County put up signs directing people to the Business District in Astor.

The Board referred the letter to Mike Willett, Development and Public Works Director, to research.

RECESS AND REASSEMBLY

At 11:lO A.M. the Chairman announced the Board would recess for ten (10) minutes.

The Board reconvened at 11:20 A.M.

COMMUNICATIONS/COUNTY COURTHOUSE

Commr. Burhans stated that the Board Office had been contacted by Linda Bailey, League of Womens' Voters requesting permission to stand in front of the New Courthouse on the last day of each month to read information regarding the Equal Rights Amendment.

It was the feeling of the Board that the Courthouse is a public building so therefore as long as they do not become a public nuisance the Board has no objections.

BONDS-CONTRACTOR

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

NEW

2090-81 Frederick E. Miller d/b/a Polly's Trailer Clinic (Aluminum Erection Cont.)



3000-81 Harry A. Ferran (Electrical)

CANCELLATIONS

1094-81 Frank L. Christian

1366-81 Richard A. Whalen d/b/a Chain 0' Lakes Mobile Home Park

1531-81 Stephen C. Vaughn

1606-81 Jack Osborne d/b/a Brightwater Pools, Inc.

1852-81 Jeffrey M. Roblyer

1889-81 Donald Alvin Latner

LICENSES & PERMITS

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously,.the Board approved the Gun Permit Addition for Herbert R. Algermissen.

ACCOUNTS ALLOWED

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved payments of warrants #18035 through #18334 as follows:

General Revenue Fine and Forfieture

County Transportation Trust Landfill

Mosquito Control Aquatic Weed Control

Section 8 CETA

COR Buildings

INDIGENTS

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved payment of the following Indigents:

ADD: Vada Davis for Tonya Hengy.......................$50.O0

ADD: Walker - O'Kelly Investments for Jessie Richardson............................................$50.00

ADD: Fannie Smith for Betty Jennings..................$50.00

ADD: R. A. Locke for Dorothy Morgan...................$50.00

ADD: T. R. Champion for Billy Joe Baker...............$50.00

CANCEL: Dulca M. Supples for Arthur L. Supplies.......$50.00

CANCEL: Oakwood Convalescent Center for William Robinson..............................................$45.00

CANCEL: Clyde E. Lyons for Shirley Hopkins............$50.00

CANCEL: Village Motel for Deborah Truax...............$50.00

ACCOUNTS ALLOWED/ESCROW

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved to release $50.00 from the Escrow Account for Mercer Plastic, Inc. (no longer needs dumping service), $25.00 from the Escrow Account for Blue Parrot Camping Park (no longer needs dumping service) and $25.00 from the Escrow Account for Palm Gardens Fish Camp (no longer needs dumping service).

ACCOUNTS ALLOWED

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved to pay John S. Dickerson $1,900.50 for Project 112-81 (Lake County Courthouse Interior Renovation), $2,352.50 for Project #l-81 (Lake County Courthouse 3rd Floor Expansion), and $120.00 for Project #14-81 (Ag Center).

LICENSES & PERMITS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the permit for Theresa Johnson to become a palmist in Lake County.

RESOLUTIONS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board authroized the Chairman and the Clerk to sign the International Shrine Hosptial Weeks Resolution and Proclamation which was approved by the Board on August 18, 1981.

REPORTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of the August 7, 1981, Distribution of Revenue, Traffic/ Criminal Cases.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the board acknowledged receipt of the Monthly Board Packet from Lake Community Action Agency.

COUNTY BUILDINGS/COMMUNICATIONS

Commr. Burhans read a letter from Mr. Gordon Oldham, State Attorney, requesting the use of one of the houses on Sinclair Avenue in Tavares that was rescently purchased by the County.

The Board referred this request to the Building Committee.

SHERIFF/ACCOUNTS ALLOWED

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Sheriff to purchase diving equipment from Sous Marine Dive Center, Mt. Dora at an estimated cost of $3,855.80 with funds to be taken from the forfeiture proceedings of the DC-6 Airplane.

VETERANS SERVICE/ACCOUNTS ALLOWED

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved a travel request for Arthur F. Ragland, Veteran Service Officer, to attend the Board of Director's Meeting and Annual Conference of the State Association of County Commissioners, on behalf of the County Veterans Service Officers Assocation, in St. Petersburg, September 23, thru 26, 1981 at a cost of $48.00 (for travel only- ood and lodging will be paid for by County Veteran Service Officers Association).

MOSQUITO CONTROL/ACCOUNTS ALLOWED

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved a travel request for Philip J. Yoder, Director, Mosquito Control, to attend the Mosquito Control Directors' Section Meeting in Crystal River on September 16, and 17, 1981 at an estimated cost of $90.00.

JAIL/COMMUNICATIONS/COUNTY ATTORNEY

Discussion occurred regarding the letter the Board had received from the prisioners of Cell Block 3-D.

Chris Ford, County Attorney, stated he had written a response for the Board's review, and request the Clerk's Office to copy each Commissioner.

COUNTY ATTORNEY/ACCOUNTS ALLOWED

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved travel for Chris Ford, County Attorney, or a representative from the County Attorney's Office to attend the Monroe County Hearing in Tallahassee regarding their Sheriff's Appeal.

PERSONNEL/ACCOUNTS ALLOWED

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved travel for two (2) people from the Personnel to attend workshops (Unified Personnel Systems and the Florida Retirement System), in St. Petersburg on September 25, 1981 at an estimated cost of $18.00.

RECESS AND REASSEMBLY

At 3:lO P.M. the Chairman announced the Board would recess for five (5) minutes.

The Board reconvened at 3:15 P.M.

SHERIFF'S DEPARTMENT/BUDGET

Chris Ford, County Attorney, and Sandra Stockwell, County Attorney's Office, read the Sheriff's Budget Appeal Reply to the Board with the corrections they had requested.

The Board made additonal corrections to the reply.

RECESS AND REASSEMBLY

At 3:40 P.M. the Chairman announced the Board would recess

for five (5) minutes.

The Board reconvened at 3:45 P.M.

SHERIFF'S DEPARTMENT/BUDGET

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board authorized the Chairman and the Clerk to sign the Sheriff's Budget Appeal Reply as corrected and amended.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:47 P.M.

Glenn C. Burhans, Chairman

James C. Watkins, Clerk

9-4-81 pas