A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

APRIL 6, 1982

The Lake County Board of County Commissioners met in Regular Session on Tuesday, April 6, 1982, in the County Commissioners' Meeting Room, Tavares, Florida. Commissioners present were: James R. Carson, Jr.; Thomas J. Windram; Claude Smoak; C. A. "Lex" Deems; and Glenn C. Burhans. Others present were: Christopher C. Ford, County Attorney and Mary Grover, Secretary.

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

HOSPITALS

Mr. Nick Munhofen, Administrator of Leesburg Regional Medical Center, addressed the Board to discuss the transfer of the ambulance service in the Northwest District from the City of Leesburg. Mr. Munhofen stated Leesburg Regional Medical Center as considering taking over the ambulance service. He presented the Board with a projected statement of revenues and expenses.

Commr. Carson informed the Board the reason he asked Mr. Munhofen be present was that the personnel who are now employed by the City of Leesburg have approached the Hospital regarding the situation with their concerns of employment when the City of Leesburg's lease expires with the County regarding the ambulance service. He stated after the discussion is heard, the Board might wish to take action by designating Leesburg Regional Medical Center to provide ambulance service to alleviate the employees concerns.

Mr. Munhofen informed the Board that the City of Leesburg has made 1,332 runs between October 1, 1981 and March 30, 1982. He further stated Leesburg Regional Medical Center could run the ambulance service with $335,000.00.

Commr. Windram questioned if the figures submitted by Mr. Munhofen were a result of information obtained from all the hospital districts. Mr. Munhofen stated the figures had been compiled from information received from the other hospital districts. He further stated the Medical Center would like to run an advanced life support system.

Commr. Smoak questioned if the charges for ambulance services were reimbursable through insurance companies, medicaid/medicare programs. Mr. Munhofen stated the charges were reimbursable.

Mr. Ted Woodrell, Assistant Administrator for Leesburg Regional Medical Center, addressed the Board regarding the revised statement of revenues and expenses. 

Commr. Smoak further questioned why the Medical Center did not charge the maximum allowable to charge, which is reimbursable, and then come to the taxpayers for subsidy for the remainder of the funding. He stated he would like to see all of the tax subsidized operations in the County take the approach he suggested.

Commr. Carson stated the Medical Center was prepared to run the ambulance service with the same cost as last year and that the approach which Commr. Smoak suggested, should be discussed during the budget workshops. 

Commr. Deems stated the Board had not discussed the housing of the ambulance and personnel should the transfer take place. He stated he had a proposal from a committee, composed of John Dickerson, Architect, Mr. Munhofen, and other people involved, in the amount of approximately $200,000.00 for housing the ambulance and personnel, site preparation, necessary furniture and equipment, etc. Mr. Munhofen stated if the County constructed a building, the Medical Center would furnish the internal needs of the facilities.

Commr. Windram questioned if the cost included the morgue. Commr. Deems stated if the morgue was included, the cost would be approximately $400,000.00.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board extended the offer to Leesburg Regional Medical Center to consider providing ambulance service to the Northwest Ambulance District for one year beginning October 1, 1982.

COMMUNICATIONS/RESOLUTIONS

Mr. Romeo Martinez, Lake County Chamber of Commerce, addressed the Board requesting the Board pass a Resolution supporting the Crime Watch Program.

Mr. Martinez recognized members in the audience who supported the Crime Watch Program.

Commr. Smoak requested Mr. Martinez relate to the Lake County Chamber of Commerce and Law Enforcement Agencies that the Board appreciates the organizations taking an interest in the Crime Watch Program.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign the Resolution supporting the Crime Watch Program.

PLATS/PUBLIC WORKS/ESCROW

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board accepted Cypress Walk Subdivision Plat for recording and released their Maintenance Escrow Agreement.

ESCROW/PUBLIC WORKS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board released the Maintenance Escrow Agreement for Royal Trails Unit II Replat.

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved partial payment to Hewitt Contracting Company, Inc., in the amount of $56,323.62 for Project No. 5-82. (Revenue Sharing Fund)

The Board postponed payment to Superior Asphalt Company, Inc. on Project #14-81 until April 13, 1982.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved final payment to Leecon, Inc., in the amount of $38,562.22 for Project No. 3-82, #4-4981 Niles Road Design Build Construction Lump Sum. (Revenue Sharing).

PLANNING & ZONING/COUNTY EMPLOYEES

Mr. Mike Willett, Development & Public Works Director, addressed the Board requesting the beginning salary for the new Assistant Planning and Zoning Coordinator be increased to $18,000, (amount budgeted - $17,700.00). Mr. Willett informed the Board of Mr. Daniel Kotulla's, new Assistant Planning & Zoning Coordinator, previous experience and his qualifications.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request from Mr. Willett that the beginning salary for Mr. Kotulla be increased to $18,000.00.

DEEDS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board accepted the following right-of- way deeds:

1. Casteen Road, #2-24106

a. Willie Z. Harris, widow of W. Reid Harris

2. Hull Road, #3-0942

a. Loren J. Revels

b. Ray Burnette and Buford Newman

c. Hilery S. Newman and Buford W. Newman

d. Tom West, Inc., A Florida Corporation

e. Mae C. Lippmann

f. Howard W. Tinklepaugh and Yukiko Tinklepaugh, his wife    

g. Martin Brown and Nellie R. Brown, his wife

h. William K. Stosberg and Grace J. Stosberg

Commr. Smoak reported there have been a couple of people who have not come in with their right-of-ways on Hull Road. He stated Public Works should be able to get most of the right-of-ways to complete the project.

PUBLIC WORKS

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved one-time maintenance for David Tarrance on 13th Street, in the amount of $60.00.

PUBLIC WORKS/CONTRACTS, LEASES & AGREEMENTS

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board accepted and approved to execute a Septic Tank Pumper Franchise Agreement for A-l Septic Tank Cleaning Service.

BIDS/PUBLIC WORKS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board awarded Project No. 8-82, #5-7991, Maggie Jones Road Design Build Construction Lump Sum to Hewitt Contracting Company, Inc., in the amount of $141,036.42 (low bidder).

RESOLUTIONS/COMMUNICATIONS/PUBLIC WORKS

The Board postponed discussion regarding the requests from Orange County for Lake County to pass two (2) resolutions regarding the Wekiva River until Mr. Ted Wicks, Pollution Control Director, could be present.

OUTDOOR RECREATIONAL FACILITIES/PLANNING DEPARTMENT

Ms. Barbara Landwehr, Planning Department, addressed the Board regarding boating improvement projects. Ms. Landwehr presented the Board with a summary sheet for Lake County Projects. She stated the total estimated cost of the projects was $75,500.00 and the money available to fund the projects was $78,254.24.

Commr. Smoak extended his apologies to Ms. Landwehr and Mr. Willett, Development & Public Works Director, in regards to the City of Clermont being negligent in getting their plans in; they were not finalized as Commr. Smoak had thought.

Commr. Smoak stated the boating improvement projects were an excellent expenditure of the funds that are being collected.

COURTHOUSE

The Board postponed discussion regarding the parking for County Employees until Mr. Willett, Development & Public Works Director, could meet with the Building Committee.

PUBLIC WORKS

Mr. Mike Willett, Development & Public Works Director, addressed the Board to discuss implementing a four-day work week for Public Works employees. He stated the employees involved were the maintenance barns personnel, survey personnel, and sign crew. He stated the proposed hours are from 7:00 a.m. to 5:30 p.m.

Commr. Deems questioned Mr. Willett if there would be any problems handling the long weekends. Mr. Willett responded he could see no problem. He further stated it would be a temporary situation as the hours would not work during the winter as it gets dark early.

Commr. Deems stated he felt the Board should try the four-day work week on a trial basis. Commr. Smoak also stated the Board should set a time limit and then reevaluate the program to see if it is running efficiently.

The Board postponed any action until Mr. Willett could come back before the Board with recommendations on how the four-day work week can be evaluated.

ZONING

Mr. Willett, Development & Public Works Director, presented the Board with revised Planning & Zoning Agendas. Mr. Willett stated summaries of the CUP's have been added to the agenda.

BONDS - MOBILE HOME

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the following mobile home bond renewal and cancellations:

A.        Renewal of Mobile Home Bond

1. Howard W. Downard - Lady Lake Area - District #l

B.        Cancellation of the following bond due to the fact that the property owner does not intend to construct a dwelling unit at this time. The mobile home has been removed from the property.

 

            1. Fred Sowders

C.        Cancellation of the following bonds upon completion of the conventional dwelling units and removal of the mobile homes:

 

1. Robert W. Kennard

2. Robert McGill

3. Chris J. Muma, Jr.

4. David Allen

5. Raymond Richard

6. Martha Jones

7. Roy C. Olsen

8. Barbara Daskam

9. Leon Nulf

10. Donald G. Parsons

11. Robert Colvin

HEALTH DEPARTMENT/RESOLUTIONS

Dr. June Atkinson, Director of Lake County Health Department, addressed the Board requesting passage of a Resolution for fee collections for the Health Department for various services.

Mr. Russ Melling, Environmental Health Supervisor, was present to discuss the changes in the fee schedule.

ORDINANCE/PLANNING DEPARTMENT

The Chairman announced at this time that the Public Hearing scheduled for 10:30 a.m. regarding consideration of the proposed Ordinance on the Lots of Record would be postponed until such time as discussion and action had taken place on the Resolution for the Health Department.

HEALTH DEPARTMENT/RESOLUTIONS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board adopted the Resolution for fee collections as presented by Dr. Atkinson and authorized the fee schedule be implemented immediately.

ORDINANCE/PLANNING

The Chairman announced that the earlier postponed time had arrived to consider the Ordinance amending the Zoning Regulations in regards to Lots of Record.

It was noted the proper proof of publication was on hand and had appeared in the March 18, 1982, and March 30, 1982, editions of the Sentinel Star, Little Sentinel edition.

Mr. Jerry Sexton, Planning & Zoning Coordinator, discussed the differences between the proposed Planning & Zoning Commission Ordinance and the proposed Staff Ordinance. Mr. Sexton informed the Board Section "A" regarding Street Requirements had been added to the proposed Staff Ordinance. He further stated under Section A in the proposed staff Ordinance, Item #3, Subsection (a) the words "children, grandchildren or parents" had been deleted from the paragraph. He stated the section on street requirements was not in the Planning & Zoning Commission Ordinance.

Mr. Sexton stated the Planning Department would like the following statement to be entered under Section "B", Lot Size Requirements in the proposed Staff Ordinance:

"All Lots of Record must contain a minimum of 12,500 square feet of usable land unless the following requirements are met and those requirements are:

Mr. Sexton further stated under Section "C", Exceptions, in the proposed Staff Ordinance, Exception #l -- "Any lot of record containing an excess of 12,500 square feet of usable land areas" would be deleted.

Mr. Sexton explained the section "Administrative Variance" had been added as an addendum to the proposed Staff Ordinance.

Ms. Phyllis Cross questioned Mr. Ford, County Attorney, if it was constitutional that since certain lots were approved by the County earlier as building sites, that the County could go back and change the rules regarding the lots. Mr. Ford stated it was constitutional and the people could get a variance as stated under the section, "Administrative Variance".

Ms. Jacqui Bayliss questioned if a person had two lots side by side, each 6,000 square feet, then would that person have to build in the middle of the lots. Mr. Sexton explained, if the subdivision has already been developed and there are only two lots left, the person could obtain a variance waiver to build one house on each lot.

Mr. Carl Ludecke addressed the Board to discuss the developmental patterns in the subdivisions. Mr. Ludecke commended the staff on the hard work that was done in formulating the proposed ordinance. He further recommended, pertaining to the proposed Staff Ordinance, that under Section B, Lot Size Requirements, Subsection "B", that the requirement of 12,500 square feet be reduced to 10,000 square feet.

A gentleman in the audience questioned the situation of the wells in Sorrento. Commr. Carson informed the gentleman that the proper authorities to discuss the situation were not present and that the situation was not pertinent to the proposed Ordinance.

Mrs. Ruthann Padgett, President of the Leesburg Board of Realtors, commended the staff for working with the realtors and homebuilders. She stated her primary concern was also the 12,500 square foot requirement.

Mr. John Eichleman, President of Mt. Plymouth Landowners League, addressed the Board in support of the proposed Ordinance.

Mr. Steve Richey, representing the Greater Sunnyside Homeowners Association, addressed the Board to discuss the proposed Ordinance. He stated the homeowners on Sunnyside were consistently requesting low density development in their area and the City of Leesburg was in favor of high density. He recommended the Board adopt the proposed Staff Ordinance.

Mr. Dan Robuck addressed the Board in favor of the proposed Staff Ordinance. He recommended the following sentence be placed in the proposed Ordinance:

"Multiple owned contiguous lots of record owned by a single individual can be addressed as one building lot to meet the minimum lot size requirements herein.

Commr. Smoak stated he felt the sentence should be in the proposed Ordinance provided the County has mandatory assessments.

Mr. Mike Willett, Development & Public Works Director, stated the sentence should be placed under Administrative Variance, Section "B", Lot Size Requirements.

The County Attorney's Office stated they had no problem with placing that sentence in the proposed Staff Ordinance.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board amended the Staff Ordinance to add the following under Administrative Variance, Section "B", Lot Size Requirements:

3.         Multiple owned contiguous lots of record owned by a single individual can be addressed as one building lot to meet the minimum lot size requirements herein; however, this does not relieve the property owner of the responsibilities of street paving.

Discussion continued regarding the 12,500 square feet requirement. Commr. Smoak stated he felt the Board should stay with the 12,500 as it would be easier to lower the figure if necessary.

Ms. Jacqui Bayliss addressed the Board to discuss various situations that could occur and questioned how Mr. Sexton would handle the situation pertaining to the proposed Staff Ordinance.

Ms. Phyllis Cross addressed the Board to clarify the March 1, 1982 date. Mr. Willett stated the date would be changed to the date the Ordinance is adopted.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board amended the proposed Staff Ordinance to include the Administrative Variances.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved to place the amended Ordinance on the floor for its first and final reading by title only.

Commr. Smoak read the following title:

AN ORDINANCE AMENDING THE ZONING REGULATIONS OF LAKE COUNTY, FLORIDA, ORDINANCE 1971-6 AS AMENDED TO DATE, BY AMENDING SECTION 70.200 AND CREATING SECTION 70.202 WHICH CREATES A MINIMUM LOT OF RECORD SIZE AND PROVIDES FOR A VARIANCE PROCEDURE; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved adoption of the amended Ordinance, #1982-8, as read by title only on its first and final reading.

RECESS & REASSEMBLY

At 12:00 Noon the Chairman announced that the meeting would recess for lunch with each Commissioner lunching individually today and that the meeting would reconvene at 2:00 P.M. for Code Violations.

CODE VIOLATIONS

PUBLIC HEARING ZV-82-23 Wilburn Lloyd Turner

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

On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the Board declared Mr. Turner in violation of Ordinance 1970-l; Section 2 and granted him sixty (60) days to comply.

Commr. Smoak voted "No"

PUBLIC HEARING ZV-82-06 Lillian Moore

Mrs. Lillian Moore was present to discuss this case with the Board. She stated she felt the violation could be cleared within sixty (60) days.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board declared Mrs. Moore in violation of Ordinance 1970-l; Section 2 and granted her sixty (60) days to comply.

PUBLIC HEARING ZV-82-25 Herbert Dyal

Mr. Herbert Dyal was present to discuss this case with the Board. Mr. Sexton, Planning & Zoning Coordinator, informed the Board Mr. Dyal had applied for a building permit to construct a garage and recommended he be given ninety (90) days to construct a garage and thirty (30) days to clean up the debris.

Mr. Clifton Abbott addressed the Board to discuss further code violation complaints. Commr. Carson informed Mr. Abbott he could file any new complaints with the Code Violation Office.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board declared Mr. Dyal in violation of Ordinance 1970-l; Section 2 and granted him ninety (90) days to construct a garage and thirty (30) days to clean up the debris.

PUBLIC HEARING zv-82-29 David B. Lawrence

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

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board declared Mr. Lawrence in violation of Ordinance 1970-l; Section 2 and granted him fifteen (15) days to comply.  

PUBLIC HEARING ZV-82-31 Alfred H. Inman

Mr. and Mrs. Alfred H. Inman were present to discuss this case with the Board. Mrs. Inman informed the Board the chickens and the goats were removed from the property. Mr. Sexton, Planning and Zoning Coordinator, explained to Mr. and Mrs. Inman where their RVs would have to be stored on their property. The Board instructed the Planning & Zoning Department to work with the Inmans regarding the setback lines on their property.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board postponed this case until June 1, 1982, at 2:00 P.M. or soon thereafter as possible.

PUBLIC HEARING ZV-82-33 Cecil Thompson

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

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board declared Mr. Thompson in violation of Ordinance 1971-6L; Section 60.11 and authorized Mr. Thompson to discontinue use immediately. The Code Enforcement staff was instructed to write a letter to Mr. Thompson, send him the Ordinance pertaining to his violation, and explain to him that should the violation reoccur, the case will be turned over to the County Attorney's Office.

FIRE DISTRICTS

Mr. Danny Miley addressed the Board regarding the creation of a new volunteer fire district.

Commr. Smoak informed the Board Mr. Miley's main interest is the location for a fire house on county owned property behind the Ag. Center. He further stated, with the Board's permission, he would like to work with Mr. Miley, along with the Public Works Department, and cone back to the Board with a recommendation.

Conmr. Carson stated he did not know of any precedence of volunteer fire departments asking for land. Commr. Burhans suggested Commr. Smoak also talk with Dr. Kelly at the Ag. Center. Mr. Miley informed the Board there would be a meeting tonight at 7:30 p.m. at Mr. Jerry Smith's house.

MINUTES

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the Minutes of March 16, 1982, as corrected.

FAIRGROUNDS

Mr. John Whitaker, Umatilla, was present to discuss the contracts he had received for the use of the facilities at the Fairgrounds. Be stated he had received one contract in the amount of $886.00. Be further stated he then received a revised contract for over $2,000.00. Be stated he was being charged for the flea market area, which he did not use.

The Board instructed Commr. Windram to work with Mr. Whitaker and bring a recommendation back to the Board.

BONDS - CONTRACTOR

On a motion by Commr. Smoak, seconded by Comnr. Burhans and carried unanimously, the Board approved the following new Contractor Bonds and cancellations:

New

111-82             Carroll M. Walter

1461-82           Asbury Floyd (Plumbing)

1962-82           George J. Nash, Inc. (Plumbing)

3035-82           Follmar Electric Company, Inc. (Electrical)

3036-82           Donald R. Hardee (Electrical)

3037-82           Jacob Sheet Metal Works, Inc. (Sheet Metal)

3038-82           Kenneth Genton d/b/a S & M Electric, Inc. (Electrical)

3039-82           Frank Wood d/b/a Comfort Service, Inc. (Heating & Air)

Cancellations

886-76             S. W. Williams d/b/a Williams Steel (General)

1085-76           Hugh G. Hall (Plumbing)

1456-77           George K. Schmidt (Mechanical)

1478-77           Lamar Wingert (Electrical)

1992-81           Howard Lind (Electrical)

1994-81           William Tobol

1997-81           William J. Wietan (Air Conditioning)

LICENSES & PERMITS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the following new Gun Permits and Bonds, the additions to Gun Permits and Bonds, and the cancellation of a Gun Permit and Bond:

New Gun Permits & Bonds

Bergon F. Brokaw                              James Ralph Allen

Jett Riley                                             David C. Hanson

William J. Brett                                   George W. Brown, Jr.

W. Brunson Gibson                            Samuel H. Bevier

Braxton W. Price                                Doris Huskey Brooks

Additions to Gun Permits & Bonds

John S. Higgins

L. R. Huffstetler, III

Cancellation of Gun Permits & Bonds

Jacob H. Bumgarner

The motion also included the denial of gun permits and bonds for Henry P. Harrison and Fred A. Lang due to the findings of the Sheriff's Department.

ACCOUNTS ALLOWED

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved payment of warrants #22239 through #22586 for the following accounts:

General Revenue                     Fine & Forfeiture

Revenue Sharing                     County Transportation Trust

Mosquito Control                    Aquatic Weed

Northeast Hospital                  Northeast Ambulance

Northwest Ambulance            Section 8

CETA                                      COR Buildings

COR Nursing Home               Nursing Home

Landfill

 

INDIGENTS

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

APPROVED: Dillon's Trailer Park for Aubrey Norris.......$50.00

APPROVED: Patricia White for Mary Ann Simmons........$50.00

APPROVED: James n. Johnson for Sheddrick Lane..........$50.00

APPROVED: Ernest Haupt for Diana Davis......................$50.00

APPROVED: Glenn Parker for Linda Shelton...................$50.00

APPROVED: Vera Cripe for Gilbert Lord.........................$50.00

CANCEL: Higley Investment for Linda King....................$50.00

CANCEL: Viola Stevenson for Lemercier Peirre...............$50.00

REPORTS/FIRE DISTRICTS/AUDITS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt the following reports:

1.         March 12, 1982, and March 19, 1982, Distribution of Revenue, Traffic/Criminal Cases.

 

2.         Monthly Board Packet from Lake Community Action Agency.

3.         Financial Statement for Mt. Plymouth Fire Control

District, ending September 30, 1981.

4.         Audit Report from Southeast Florida Water Management

District for fiscal year 1980-81.

FIRE DISTRICTS/BONDS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board accepted the following Public Official Bonds:

1.         David F. Januchowski, Fire Commissioner for the Northwest Fire District.

 

2.         Leslie Summers, Harold A. Burt, Voyle Seeright, Beverly Sue Armstrong, and Patricia A. Keen, Fire Commissioners for Paisley Fire District.

 

The motion also included the acceptance and cancellation of a Public Official Bond for Beryl Rendell who resigned as Fire Commissioner from the Paisley Fire District.

COUNTY PROPERTY

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the following items to be deleted from the Fixed Assets List:

#Prop.        Dept.               Item                                               Reason

3104          Surplus            ABSO Wheelchair                        To be junked

3386          vet. Service     Addo-X Adding Machine            To be junked

4381          Surplus            SCM Electric Typewriter              To be junked

5691          Surplus            Remington Adding Machine        To be junked

FINANCE/RESOLUTIONS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the Resolutions authorizing Patricia Abel, Regina M. Cassidy, Aileen Diel, and Robert L. Wilson, Finance Department to transfer funds between the Board of County Commissioners and the State Board of Administration.

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board authorized the Chairman and the Clerk to sign the agreement with W. R. Hancock for overburden from the Lake County Landfill.

CLERK OF THE CIRCUIT COURT/COURTS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board authorized the Chairman and the Clerk to sign the following Satisfaction of Judgments:

1.         Ronald  Dean Underwood, in the amount of $50.00, (Juvenile Division).

 

2.         Marion Antonio Lawrence, in the amount of $50.00, (Juvenile Division).

 

RESOLUTIONS/HOUSING FINANCE AUTHORITY

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board authorized the Chairman and the Clerk to sign the Resolution allowing the Orange County Housing Finance Authority to proceed with the issuance of bonds.

CONTRACTS, LEASES, & AGREEMENTS/PUBLIC HEALTH

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign the contract between Lake County and the State of Florida, Department of Law Enforcement Medical Examiners' Commission for medical examiner funds.

HOUSING FINANCE AUTHORITY

Mr. Chris Ford, County Attorney, informed the Board that the Orange County Housing Finance Authority was requesting Lake County join Orange County in the bond validation suit. He stated this was a normal validation procedure. Mr. Ford informed the Board the Lake County State Attorney's Office filed a motion saying there is no jurisdiction.

On a motion by Conmr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved for Mr. Ford, County Attorney, to make an appearance on behalf of Lake County.

RESOLUTION/CLERK OF THE CIRCUIT COURT

On a notion by Conmr. Smoak, seconded by Conmr. Deems and carried unanimously, the signature authorization was given for the Board Members to sign a Resolution nominating Mr. James C. Watkins, Clerk, as National Clerk of the Year.

RESOLUTION/PLANNING DEPARTMENT/COMMUNICATIONS/PUBLIC WORKS

Mr. Mike Willett, Development & Public Works Director, informed the Board he had received the following requests from Orange County:

1.         Request for Lake County to pass a resolution supporting State purchase of the Consolidated Ranch/Wekiva River Tract under the Conservation and Recreation Lands Program.

 

2.         Request for Lake County to pass a resolution to include the remaining portions of the Wekiva River for study under the Outstanding Florida Water Program.

 

Mr. Ted Wicks, Pollution Control Director, was also present to discuss the requests from Orange County.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved to consider a Resolution at the request of Orange County to support their position regarding the purchase of Wekiva River with two stipulations and specifications:

1.         The purchased area be restricted to those areas which are environmentally sensitive areas, specifically wetland areas and flood prone areas:

 

2.         No purchase be consummated unless it is cost effective purchase of those environmentally sensitive areas.

 

The motion included combining the two requests from Orange County into one Resolution.

PUBLIC WORKS

Commr. Windran informed the Board he had received a letter from the City of Mount Dora requesting the Commissioners authorize the Lake County Engineer to sign documents on Mt. Dora's behalf in those instances where only minor engineering analysis is required, such as for water treatment system applications to the FDER.

The Board referred Mt. Dora's request to Mr. Mike Willett, Development & Public Work's Director.

RESOLUTION/COUNTY EMPLOYEES

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board authorized the County Attorney's Office to draw up a Resolution of Appreciation for Mr. Herbert Dudgeon, Building Official, who retired April 2, 1982.

RECESS & REASSEMBLY

At 3:25 p.m. the Chairman announced the Board would recess for five (5) minutes. The Board reconvened at 3:30 p.m.

ORDINANCE/COMMITTEES

Mr. Bert Stevens, Mid-Florida Lakes, addressed the Board regarding Ordinance 1982-2, creation of the Mobile Home Advisory Board. Mr. Stevens stated he objected to the Mobile Home Advisory Board requesting a $50.00 filing fee. He stated he felt the financing could be raised among the mobile home owners and a fee would not have to be charged. He further stated that people in mobile home parks could not afford the $50.00 fee. He requested the County Commissioners to rescind the fee.

Commr. Carson explained that the Board of County Commissioners did not establish the filing fee. He stated the County Commissioners had created and adopted an Ordinance to establish a committee who would set up rules and regulations, who would not be funded by the County, and that the County would furnish the County Attorney's Office during the organizational stage of the Committee. He further stated that the Board of County Commissioners would not be involved in the formulation of rules, regulations, or policies adopted by the Mobile Home Advisory Board.

Mr. Stevens further stated the Ordinance which was adopted by the County Commissioners stipulated a Commissioner would sit in as an ex-officio non-voting member. He stated there had been an Ordinance drawn up at a later date, without the knowledge of his committee, that deleted the Commissioner sitting in as an ex officio non-voting member.

Mr. Stevens stated there were two members on the committee, in the neutral category, that had a conflict of interest by sitting on the committee. He stated the two members were Mr. Bair and Mr. Marshall. He stated Mr. Bair was in the process of building a condominium type park that would put him in the category of a park owner; and Mr. Steven's committee objected to Mr. Marshall on the basis of his business concrete. 

Commr. Smoak suggested Mr. Bair and Mr. Marshall be notified to see if a conflict of interest does exist.

Commr. Smoak commented on Mr. Stevens' statement regarding a Commissioner sitting on the committee as an ex-officio, non-voting member. He informed Mr. Stevens that at a regular meeting of the Board of County Commissioners he suggested that the provision be deleted. He stated at the time he had made the suggestion, Commr. Deems was not present and therefore, the Board postponed any action. However, the action was incorporated into the Ordinance, which was adopted by the Board of County Commissioners.

Commr. Smoak further explained that the Ordinance adopted by the County Commissioners was the one which deleted the Commissioner but due to a clerical error a rough draft ordinance had been passed out to the audience. He stated the Commissioners had the right Ordinance in front of them that morning.

RECESS & REASSEMBLY

At 4:00 p.m. the Chairman announced the Board would recess for ten (10) minutes. The Board reconvened at 4:10 p.m.

ORDINANCE/COMMITTEES

Mr. Chris Ford, County Attorney, gave the Board a brief summary of what the Mobile Home Advisory Board has accomplished. Mr. Ford stated the Avisory Board has not rejected contributions.

Commr. Deems explained that Mr. Marshall had retired from the concrete business.

The Board discussed how the provision of a Commissioner sitting in as an ex-officio, non-voting member was deleted.

Mr. Ford explained to the Board that the Committee had unanimously decided there should be a fee. He stated one member suggested $10.00 and another member suggested $50.00. Mr. Ford stated he gave an opinion of a $15-$20 filing fee. He stated then one member made a motion to make the filing fee $50.00, it was seconded and it passed with a 4-3 vote. Mr. Ford stated his office has researched the filing fee and has found there is no prohibition against a fee.

Commr. Deems stated he had been asked by the Committee if the County could, until they can get going financially, furnish a secretary to take minutes, type the minutes, and furnish copies to the Committee. He further stated the Committee would like to leave the notices in the Commission Office to be picked up by the complainants.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board authorized Mr. Watkins, Clerk to designate a secretary to take the minutes of the Committee meetings, type the minutes, and furnish copies to the Committee, and authorized the use of the Commission Office for the filing of the complaints. The motion included the furnishing of a secretary would be for a period of three months.

LICENSES & PERMITS

Commr. Windram informed the Board he had received a letter from Sheriff Griffin regarding re-fingerprinting renewal gun permits.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board authorized that renewal applicants for gun permits do not need to be re-fingerprinting; fingerprints will be required only on new applications.

SHERIFF/ACCOUNTS ALLOWED

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the request from Sheriff Griffin for monies in the amount of $150.00 for registration, to be made available to Don Josefczyk to attend Basic Judicial Process School and Advanced Judicial Process School, June 9-11, 1982, to be held in St. Petersburg Beach, Florida, subject to the funds being available pursuant to Ordinance 1982-1.

POLLUTION CONTROL

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved annual leave for Mr. Ted Wicks, Director of Pollution Control, beginning April 13 through April 16, 1982.

VETERANS SERVICE

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved annual leave for Mr. Art Ragland, Veterans Service Officer, beginning April 7 through April 21, 1982.

VETERANS SERVICE/ACCOUNTS ALLOWED

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved travel for Art Ragland, Dorothy Orr, and Obie Brown, Veterans Service Office, to attend annual State Service Officers' Training Conference on May 2, through May 6, 1982, in Daytona Beach at an estimated cost of $762.90.

CETA

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved travel for Robbie A. Baird to attend a meeting of the HRS and CETA Representatives Meeting at Bushnell. Travel to be paid with CETA Administrative Funds.


POLLUTION CONTROL/APPOINTMENTS

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board reappointed Mr. Guilford T. Sims and Mr. Richard E. Toole to serve on the Pollution Control Board and directed the Clerk to send the necessary reappointment letters.

CETA

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved travel for Mr. Sandy Minkoff, County Attorney's Office, Mr. Jim Flowers and Ms. Brenda Pullum, CETA, to attend an informal resolution meeting regarding Fiscal Year 1978 CETA Audits in Tallahassee on April 8, 1982. Travel to be paid with CETA Administrative funds.

FAIRGROUNDS

Commr. Smoak informed the Board he has been looking at the policies for the Fairgrounds and he would like to bring it before the Board for discussion at a later date.

JAIL

Commr. Deems informed the Board the fire alarm system in the Jail has been completed.

JAIL/ACCOUNTS ALLOWED

Commr. Deems reported the air conditioning system went out in the Jail. He stated the Building Committee obtained three quotes for a 120-ton unit. The quotes were from the following:

Mechanical Services - $39,607.00

True Temp - $40,027.00

Lake Plumbing - $34,907.00

Commr. Deems further stated the Building Committee had obtained the following quotes for a 100-ton unit:

Mechanical Services - $36,070.00

True Temp - $37,720.00

Lake Plumbing - $32,736.00

He stated the Building Committee instructed Mr. Harry Nies, Chief Deputy, to go back to the people who found the initial damage and find out what could be repaired on the old existing unit and go back and get additional quotes from other people on the 120-ton unit.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board declared the situation of the air conditioning system an emergency and authorized an expenditure not to exceed $40,000.00 to repair or replace the 120-ton unit.

ANIMAL SHELTER/ACCOUNTS ALLOWED

Commr. Smoak informed the Board the freezer at the Animal Control Shelter has broken down. He stated he authorized Ms. Thorp, Animal Shelter Director, to ascertain what the Animal Control Shelter needed.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the purchase of a new freezer and that the necessary funds be transferred from Contingency.

TAX COLLECTOR/ACCOUNTS ALLOWED

Commr. Deems informed the Board that the Tax Collector's Computer Office does not have enough air conditioning. He stated the Building Committee recommended that an additional window unit be installed for approximately $900.00. Mr. Deems stated Mr. Nies, Chief Deputy, stated that the additional window unit would supply the necessary air conditioning needed. He further stated Mr. Hall, Tax Collector, objected to another window unit.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board, upon the recommendation of the Building Committee, approved the purchase of a window unit air conditioner for the Tax Collector's Office at an estimated cost of $900.00.

HEALTH DEPARTMENT

Mr. Chris Ford, County Attorney, informed the Board Dr. Atkinson, Lake County Health Department Director, was requesting permission to buy a mobile home, outfitted for a medical unit, to be placed in Umatilla.

The Board postponed any action until the Building Committee could make a recommendation to the Board.

AG. CENTER/ACCOUNTS ALLOWED

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the purchase of a mimeograph machine for the Ag. Center, in the amount of $588.00. The Board also approved the transfer of $40.38 from Office Supplies to New Equipment, within the Ag. Center's Budget.

CONTRACTS, LEASES & AGREEMENTS/NURSING HOME

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign the contract between Lake County and Ms. Sara Harris, Patient Activities Consultant, for the Nursing Home.

CETA/VETERANS SERVICE

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the appointment of Arthur Ragland, Veterans Service Officer, to serve as the representative for the Ernest Westbrook Post #41, The American Legion, on the Lake County CETA Prime Sponsor Planning Council.

COURTS-JUDGES/ACCOUNTS ALLOWED

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request from Judge Milton for the purchase of recording equipment from Lanier, in the amount of $906.00.

PUBLIC WORKS

Commr. Carson informed the Board he had received a letter from DOT. He stated the City of Leesburg has requested that the State redesignate Highway 44 around the middle of downtown using Dixie Avenue and South Street as Highway 44.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board authorized the County Attorney's Office to draw up a Resolution and authorized the necessary signatures on the Resolution supporting the proposal to remove the referred sections of county roads from the County System and make them a part of the State Road System based on their functional use as a minor arterial route.

EMERGENCY SERVICES

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved annual leave for Robert Lewis, Emergency Services Director, beginning May 31, through July 5, 1982.

STATE AGENCIES/COMMUNICATION/CONTRACTS LEASES AND

aGREEMENTS

Commr. Carson stated the Department of Highway Safety and Motor Vehicles has requested that the County alter their lease on the land upon which they built the drivers license bureau. They are requesting the County lower the amount of insurance required. Mr. Ford, County Attorney's Office, stated he felt the State has immunity over the $200,000.00.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved that the State be authorized to drop their insurance coverage to $200,000.00 from $500,000.00 and requested the State supply the County with an amendment to the lease. The motion also included that in all such situations, that the government agencies be required to carry the statutory limit that is set by the legislation.

AUDITS/COMMITTEES

Commr. Carson reported the Audit Selection Committee has had two meetings and that out of 15 proposals, the Committee has eliminated all but three firms. He stated the Committee would be interviewing the three firms in depth and would be bringing those three firms to the Board at a later date.

SHERIFF/ACCOUNTS ALLOWED

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved payment in the amount of $60.00, to be made payable to Lake County Area Vo-Tech Center, for courses completed by Mr. VanAlton Melvin, assigned to the Tech Services Division, subject to it being an approved course as outlined by Ordinance 1982-l.

SHERIFF/ACCOUNTS ALLOWED

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the request from the Sheriff's Department for the amount of $5,861.46 be transferred from the Lake County Sheriff's Department Emergency Contingency Fund for expenses incurred from the Wall Sink murder case.

CLERK  OF THE CIRCUIT COURT

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved for the Clerk to refund $217.07 to McNew/Gardner-Marshall Company, Inc. for a Tax Deed.

CONTRACTS, LEASES, & AGREEMENTS/WATER AUTHORITY

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved and authorized the Chairman's signature on the Joint Funding Agreement between the Oklawaha Basin Recreation and Water Conservation and Control Authority and Lake County and the U. S. Geological Survey for the continuation of the water resources investigations in Lake County through Fiscal Year 1982.

COMMITTEES

Mr. Chris Ford, County Attorney, advised the Board he was sending Ms. Sandra Stockwell to attend the Mobile Home Advisory Board meeting, which was being held tonight. Be stated there would be no charge to the County. He further stated he would like to attend the first complaint meeting. Be stated he would not charge the County or the committee for sitting in on the meeting.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:15 p.m.

 

JAMES R. CARSON, JR., CHAIRMAN

JAMES C. WATKINS, CLERK

mcg 4-8-82