A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
JUNE 1, 1982
The Lake County Board of County Commissioners met in Regular Session on Tuesday, June 1, 1982, in the County Commissioners' Meeting Room, Tavares, Florida. Commissioners present were: James R. Carson, Jr., Chairman; Thomas J. Windram; Claude Smoak; C. A. "Lex" Deems; and Glenn C. Burhans. Others present were: James C. Watkins, Clerk: Christopher C. Ford, County Attorney: and Mary Grover, Secretary.
The Invocation was given by Mr. Watkins and the Pledge of Allegiance was led by Commr. Burhans.
MINUTES
On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board approved the Minutes of May 18, 1982, as corrected.
Commr. Windram was not present for the vote.
BONDS - CONTRACTOR
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the following Contractor Bonds:
New
1400-82 Darwin R. Stephan (Residential)
1883-82 Eddie Palmateer d/b/a Ace Heating & Air Conditioning
3044-82 Jerry R. Blackford
3045-82 Hone Art Corporation (Residential)
3046-82 Azad Merian (Class C Contractor)
3047-82 Elizabeth Stiltner (Drywall Installation)
LICENSES & PERMITS
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the following gun permit renewals and additions to gun permits:
RENEWALS
Nicholas Faryna
Thomas W. Russell
ADDITIONS
Horace L. Webb
Ernest Wollin
Joan L. Wollin
ACCOUNTS ALLOWED
On a motion by Commr. Burhans, seconded by Commr. Windram and.carried unanimously, the Board approved payment of warrants #23461 through #23758 for the following accounts:
General Revenue Fine & Forfeiture
Revenue Sharing County Transportation Trust
Mosquito Control Aquatic Weed
Section 8 Law Enforcement Trust Fund
CETA COR Buildings
COR Nursing Home Nursing Home
Landfill Special Assessments
INDIGENT
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved payment for the following Indigents:
Approve
Rosalee Peter for Mary Stapleton--------------$50.00
Cancel
Jeanette H. Campbell for Alberta Conner-------$50.00
Marietta Trailer Park for Carole Thompson-----$50.00
Walton Herbert for Julius Blados--------------$50.00
H. F. Pennington for Brinda Gilbert-----------$50.00
REPORTS
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the following reports:
1. Monthly Board Packet from Lake Community Action Agency
2. The May 7, 1982, May 14, 1982, and May 21, 1982, Distribution of Revenue, Traffic/Criminal Cases.
BUDGETS/FIRE DISTRICTS
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the 1982/83 budget for the Bassville Fire District.
COUNTY PROPERTY
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the following items to be deleted from the Fixed Asset List, in the amount of $412.08, for the month of May, 1982:
Prop. # Dept. Item Reason
392 Surplus Underwood Typewriter To be junked
412 Surplus Gray Audograph To be junked
1333 Surplus (13) Dining Room Chairs To be junked
1918 Surplus Adding Machine To be junked
CONTRACTS, LEASES & AGREEMENTS/WATER AUTHORITY
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, signature authorization was given for the Chairman to sign a corrected Funding Agreement with Water Authority and the U. S. Geological Survey for the continuation of the water resources investigation in Lake County through FY 82.
ASSESSMENTS/SUBDIVISIONS
On a motion by Commr. Burhans, seconded by Commr. Windram
and carried unanimously, signature authorization was given for the Chairman to sign the document for Partial Release of Lien on Lots 13 and 25 in Bar-Bell Mobile Home Village.
PURCHASING/BIDS/PUBLIC WORKS
Ms. Norma Showley, Purchasing Agent, introduced Mr. Don Abel, Purchasing Buyer, to the Board.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board awarded Bid #015-82, three, 1982 diesel dump trucks, to Roger Whitley Chevrolet, in the total amount of $76,663.50 (low bid).
HOSPITALS/PUBLIC HEALTH
Mr. Chris Ford, County Attorney, reported Dr. Shutze, Medical Examiner, has verbally agreed to a ten year contract regarding the proposed morgue facility. He stated his office is preparing the contract.
SHERIFF/BUDGETS
Mr. Chris Ford, County Attorney, stated he felt the Board should have an attorney present for the Sheriff's Budget Workshop, in case of a possible appeal.
FAIRGROUNDS
Commr. Smoak informed the Board that Mike Willett, Development & Public Works Director, would be notifying promoters and anyone interested in the Lake County Fairgrounds to attend the Board Meeting at 3:00 P.M. to discuss the proposed fee schedule.
SOIL CONSERVATION/ACCOUNTS ALLOWED
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved travel for Tommie Ray. Powers, Jr. , District Soils Engineer, to attend a meeting of the Florida Irrigation Society in Gainesville, Florida, June 11-12, 1982, at an estimated cost of $125.00.
COMMUNICATIONS
Commr. Carson informed the Board he had received a letter stating the President of the State Association of County Commissioners, Mr. Bubba Smith, has accepted the position of County Administrator to Polk County. Commr. Carson stated Mr. Gerry Thompson would be the new president of the Association.
COMMUNICATIONS
Commr. Carson stated he had received a letter from the State Association of County Commissioners regarding a workshop being held to discuss the implementation of the sales tax legislation and other recently enacted laws affecting County government finance and budgetary procedures. Mr. Watkins, Clerk, informed the Board that a few of his staff members would be attending the workshop in Orlando, June 23, 1982.
BONDS - MOBILE HOME
On a motion by Commr. Burhans, seconded by Commr. Deems, and carried unanimously, the Board approved the request of Randy Hunsicker - Astor 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 - CANCELLATIONS
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved cancellations of mobile home bonds for James W. Reece and Terry J. Askins, in that the conventional dwelling units have been completed and the mobile homes removed from the properties.
BIDS/FAIRGROUNDS
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board authorized the Purchasing Department to seal bid for the purchase of fans for the Clements Building at the Fairgrounds.
SIGNS/PUBLIC WORKS
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the request from Mr. Bob Eichelberger for the County to post No Dumping signs along his grove located on Abhrams Road #4-5371 and Country Club Road #4-5269.
BIDS/ROAD PROJECTS
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board awarded Project No. 10-82, Big Oak Road, #5-8377 and Keene Road, #5-8172 Design Build Construction Lump Sum to Leecon, Inc., in the amount of $84,883.18 (low bid).
BIDS/ROAD PROJECTS
Commr . Burhans made the motion to award Project No. 11-82, Removal of Box Culvert on Silver Lake Drive, #l-5327 Design Build Construction Lump Sum to Superior Asphalt, Inc., in the amount of $11,519.40.
Commr . Carson stepped down from the Chair and turned the meeting over to Commr. Windram, Vice-Chairman.
Commr . Carson seconded the motion to award Project No. 11- 82 to Leecon, Inc. and the motion was carried unanimously.
Commr. Windram then stepped down from the Chair and turned the meeting over to Commr. Carson.
PLANNING DEPARTMENT/ACCOUNTS ALLOWED
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved travel for Lanny Harker, Assistant Planner, to attend the GRCDA Summer Seminar and Annual Meeting in Tampa, Florida, at an estimated cost of $179.00.
ROAD PROJECTS/ACCOUNTS ALLOWED
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved partial payment on Project No. 8-82 on #5-7991, Maggie Jones Road, to Hewitt Contracting Company, Inc., in the amount of $77,007.44 (Federal Revenue Sharing).
RESOLUTIONS/OUTDOOR RECREATIONAL FACILITIES
On a motion by Commr. Burhans, seconded by Commr. Deems and
carried unanimously, signature authorization was given for the Chairman and the Clerk to sign the project application and Resolution for Wooten Park paving project.
ASSESSMENTS/PUBLIC WORKS
Mr. Mike Willett, Development & Public Works Director, addressed the Board to discuss funding of special assessments for unmaintained roads. The Board discussed foreclosing procedures.
Commr. Deems informed the Board he had spoken with area bankers. He explained that banks have the facilities and procedures to collect whereas the County does not. He stated he felt the bankers would agree that if a payment goes delinquent, they would use all their collection methods up to 120 days and at such time they do not have any results, the banks would turn the foreclosure over to the County for collection. He further stated the Board should require the banks make an effort to collect on foreclosures. Commr. Windram questioned if the County could request that the banks waive any collection charges.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the following recommendations from the Public Works Department, with the understanding that the banks will waive any late charges and interest penalty or unpaid interest in a 120 day period.
1 . Establish a sinking fund in the amount of $65,000 of the County Race Track Funds as additional security for the bonds.
2. Set an interest rate of 12 per cent (12%) for the bonds.
3 . Approve seven years (7) for the term of the installments.
4 . Approve the County Finance Department as the collecting agency for the program.
5. Establish the County as the responsible agency for foreclosure, after evidence from the banks they have exhausted their collection procedures for 120 days after said payments became due. The County, at the option of the County Commissioners, will either bring the assessment current or pay the bank the balance due. Further it is understood the bank will waive any late charges and penalties during the 120 day period. In the event the County brings the debt current or retires the unpaid account, the financial institution shall transfer the lien on land back to the County for collection, enforcement, or foreclosure.
ORDINANCES
At 1O:OO A.M. the Chairman announced the public hearing scheduled to discuss the proposed Ordinance amending Ordinance 1972-3 would be postponed fifteen (15) minutes.
PUBLIC WORKS
Mr. Mike Willett, Development & Public Works Director, updated the Board regarding the estimates to pave Astor Loop Road. He stated two contractors have looked at the road and have estimated $90,000 bids. He stated the estimate of pipes for drainage was approximately $27,000 for all the pipes. Mr. Willett suggested his department do more research on the project and come back before the Board with a recommendation.
Commr. Carson questioned employing a consulting engineer. Mr. Willett stated he would recommend that the department's engineers do the job. The Board directed Mike Willett to do more research and come back before the Board at a later date.
ORDINANCES
At 10:15 A.M. the Chairman announced that the time had arrived for the Public Hearing considering adoption of an Ordinance amending Ordinance 1972-3, Occupational Licenses. It was noted that the proper proof of publication was on hand and had appeared in the May 12, 1982, and May 25, 1982, editions of the Orlando Sentinel, Little Sentinel Edition.
Mr. Jerry Sexton, Planning Coordinator, was present to discuss this proposed Ordinance with the Board. No one present in the audience wished to discuss the proposed Ordinance with the Board.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved to place the proposed Ordinance on the floor for its first and final reading by title only.
Commr. Windram read the following title:
AN ORDINANCE AMENDING ORDINANCE 1972-3; PROVIDING FOR ZONING APPROVAL BEFORE THE ISSUANCE OF AN OCCUPATIONAL LICENSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried, the Board approved adoption of Ordinance, 1982-12, as read by title only on its first and final reading.
Commr . Deems was not present for the vote.
PERSONNEL/COUNTY POLICIES
Mr. Glenn Timmons, Personnel Director, addressed the Board to discuss the proposed pay ranges for employees. He stated the department heads were agreeable to the proposed ranges. He further recommended the proposed ranges go into effect October 1, 1982.
Discussion occurred regarding the personnel outside of the proposed pay range.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board adopted, as a pay guideline, the pay ranges as outlined by a memorandum dated May 25, 1982, as presented by Mr. Timmons, including reclassifications and the procedure of filling positions.
PERSONNEL/MAINTENANCE
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the recommendation of Mr. Timmons, Personnel Director, to reclassify the unfilled Custodial Worker position to Carpet & Tile Worker, at an annual salary of $8,550; funding for the position to come from the unfilled Custodial Worker Position and funds in the merit reserve for the remainder of the year.
PERSONNEL/COUNTY POLICY
Discussion continued regarding the personnel outside of the new pay range. No action was taken at this time.
MOSQUITO CONTROL/ACCOUNTS ALLOWED
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved travel for Philip Yoder, Director, Mosquito Control, to attend an Aquatic Weed Short Course, in Gainesville, Florida, June 21-25, 1982, at an estimated cost of $265.00.
PURCHASING/PUBLIC HEALTH
The Board referred a letter from HRS requesting information regarding county bid requirements to Norma Showley, Purchasing Agent, and directed Ms. Showley, to work with Dr. Atkinson, Lake County Health Director, in responding to the letter.
PUBLIC WORKS
The Board referred a letter from Mr. Lou Treadway, Chairman, and Mr. Bill Frederick, Vice-Chairman of the Orange-Seminole- sceola Transportation Authority, regarding a meeting being held in Orlando, June 4, 1982, pertaining to a presentation of the mass transportation system, to Mike Willett, Development & Public Works Director.
CETA/CONTRACTS, LEASES & AGREEMENTS
Mr. Chris Ford, County Attorney, informed the Board the lease on the CETA building expires June 30, 1982. He recommended the Board approve the renewal of the lease based upon the provision that the County can cancel the lease if the government funding is cancelled or cut back to the extent the County could not pay for the lease through the government funds.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved renewal of the lease agreement, and approved to amend the lease to include an option to renew for an additional year with a 30 day termination clause should the government funding be cancelled or cut back.
JAIL/ACCOUNTS ALLOWED
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the request from Sheriff Griffin for $70.00 for a Paragan Model #8105-O, defrost timer for the four (4) door stainless steel freezer currently utilized in the kitchen of the Lake County Jail.
COMMUNICATIONS
Commr. Carson informed the Board he had received a letter from Mr. Fred Hooten, Court Administrator, regarding a meeting to be held June 2, 1982, at 2:15 P.M. pertaining to a new state witness fee procedure. He stated Judge Aulls requested a Board Member or a representative attend the meeting. Commr. Carson requested the County Attorney's office be sent on the Board's behalf.
RECESS & REASSEMBLY
At 10:55 A.M. the Chairman announced the Board would recess for five (5) minutes. The Board reconvened at 11:OO A.M.
PUBLIC HEALTH
Mr. Tom San ders, North Central Florida Health Planning Council, Inc. addressed the Board to discuss House Bill 931, providing for the establishment and funding of local health councils in Florida to perform comprehensive health planning activities, and to assist the State in allocating health resources in a responsible manner.
Mr. Sanders recognized Mr. Lonnie Strickland, Lake Memorial Nursing Home Administrator, as a member of the Board of Directors of the Health Planning Council.
He stated the Council has developed a five (5) year plan that sets out the need for hospitals, nursing homes, etc. He further stated the Board of Directors evaluate additional proposed projects against the plan trying to eliminate any unnecessary projects, maintain high quality services, and pull down unnecessary cost increases.
He stated the Commission would be hearing about the program in detail later from the Department of Health & Rehabilitative Services. He further stated, at that time, the Board would need to appoint three members to serve on the Board. He stated the members from Lake County serving on the Board were: Mr. Lonnie Strickland, Lake Memorial Nursing Home, Dr. June Atkinson, Lake County Health Department Director, and Mr. James Lowe, Lake Community Action Agency. He further stated two Lake County residents, Mr. Dudley Zeller and Mr. Jack Bailey, served on committees.
Mr. Sanders presented the Board with a summary of the Florida Health Facilities and Health Services Planning Act.
He stated Lake County would have to fill the following three tentative positions:
1. Health Care Provider
2. Health Care Purchaser
3. A Non-Governmental Health Care Consumer over 60 years of age.
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 $25.26 for the purchase of Investigative Photographic Equipment ($1,395.00 was previously requested and approved); and the funding is to come from the Law Enforcement Trust Fund.
COMMISSIONERS/JAIL/SHERIFF
Commr. Carson informed the Board he would be the liaison Commissioner for the Sheriff's Department and the Jail during the budget sessions.
BUDGETS
The Board rescheduled the June 23, 1982 & June 24, 1982, budget workshops to June 22, 1982 and June 29, 1982 at 9:00 A.M.
HOUSING FINANCE AUTHORITY
Mr. Mike Willett, Development & Public Works Director, informed the Board Mr. Sam Mazzotta, Orange County Housing Finance Authority, could not be present for the Board meeting. He
stated the maximum income level has been set at $27,450 for Lake County. Mr. Willett stated the Board needed to pass a Resolution approving the Preliminary Official Statement dated May 25, 1982.
Mr. Willett further stated Charter Mortgage Company and First Family Federal had submitted commitments for the funds.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, signature authorization was given for the Chairman and the Clerk to sign the Resolution approving the Preliminary Official Statement dated May 25, 1982 from the Orange County Housing Finance Authority acting on behalf of the Lake County Housing Finance Authority.
COMMUNICATIONS
Mrs. Nell Taylor, representing the Woodlea Road Volunteer Fire Department, invited the Board to attend a Fish Fry, Saturday, June 12, 1982, at the Woodlea Road Fire Station.
RECESS & REASSEMBLY
At 11:50 A.M. the Chairman announced the Board would recess for lunch with each Commissioner lunching individually. The Board reconvened at 2:00 P.M. for Code Violations.
CODE VIOLATIONS
PUBLIC HEARING ZV-82-41 Marie Black
Mr. Bill Stone, attorney representing Mrs. Black, was present to discuss this case with the Board. Mr. Stone requested the Board postponed the case to allow Mrs. Black to apply for a variance. He stated he felt this situation might have been a pre- existing use at the time the zoning ordinance was orginally passed.
Mrs. Rogers, adjoining property owner, addressed the Board to discuss the code violation. She stated she objected to the noise that was coming from the guinneas, chickens, and rabbits.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board declared Mrs. Black in violation of Ordinance 1971-6 and granted her thirty (30) days to comply.
Commr. Smoak requested that Mr. Ford, County Attorney, research whether a use variance in zoning is a legal variance.
PUBLIC HEARING ZV-82-51 Grace Parker
No one present wished to discuss this case with the Board.
Mr. Jerry Sexton, Planning Coordinator, informed the Board he had received communication from the Secretary in the Board Office that Mrs. Parker stated she has removed the mobile home from the property. He recommended the Board uphold the staff recommendation.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board declared Mrs. Parker in violation of Ordinance 1971-6, Section 60.110 (two residences on one lot) and granted her thirty (30) days to comply.
PUBLIC HEARING ZV-82-53 Barbara Dunn
Mr. Don Nelson, alleged violator, addressed the Board to discuss the code violation. Mr. Nelson informed the Board that he restores antique vehicles. He stated he has painted his own car and a friend's car on his property. Commr. Carson informed Mr. Nelson that he could paint his own car, but he could not paint others on his property.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board directed that Mr. Nelson be
instructed that he cannot operate a commercial operation on his property and that Mrs. Dunn, property owner, be notified that she was in violation of Ordinance 1971-6, Section 64.170 and that Mr. Nelson will come into compliance.
CODE VIOLATIONS
Commr. Smoak informed the Board that the law has been changed to allow counties to establish code enforcement bonds, which would eliminate the code violation hearings on the first Tuesday of every month. He stated Mr. Willett, Development & Public Works Director, and Mr. Sexton, Planning Coordinator, were looking into the new law.
RECESS & REASSEMBLY
At 2:45 P.M. the Chairman announced the Board would recess for fifteen (15) minutes. The Board reconvened at 3:00 P.M.
FAIRGROUNDS/CONTRACTS, LEASES & AGREEMENTS
Commr. Smoak informed the Board he had met with the promoters, management people, and the Fair Board to discuss the proposed Fairgrounds Agreement and fee schedule. He stated he would like to see the contract condensed and place the information in a policy & procedure manual.
He stated the County negotiated with the promoters and every-one agreed to the general terms of the contract, but there were some differences regarding the fee schedule.
He stated there would be a minimum fee schedule, as outlined in the proposed expo center rental schedule dated May 28, 1982, and in addition, there would be a 5% fee for the first $20,000.00 of the gross receipts and 3% of the gross receipts thereafter. He stated the previous proposal was a 10% charge across the board.
Commr. Smoak stated he would like to make the following recommendations to the Board for consideration:
1. Consideration in setting this up on an enterprise basis,
so that the funds generated by the Fairgrounds and the Expo Center are returned to them.
2 . He stated he requested Mr. Johnson, Fairgrounds Manager, and Mr. Willett, Development & Public Works Director, to come up with a written proposal on improvements that are needed.
Commr . Smoak discussed the letter received from Mr. Dennis Mulholland, Mr. John Whitaker, and Mr. Don Worswick, promoters, dated May 17, 1982, regarding their recommendations for the proposed fee schedule.
Mr. George Johnson, Fairgrounds Manager, was present to answer any questions the Board might have.
Mr. John Whitaker, Eustis, was present to discuss the proposed fee schedule. He stated he was objecting to the flat rate plus percentage on a project. He further stated he objected to the flat rate being $700.00.
Mr. Dennis Mulholland, Umatilla, also questioned the Board regarding the proposed fee schedule.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board adopted the proposed fee schedule, dated May 28, 1982, on an interim basis, subject to final approval at the time the contract and the rules and procedures are considered for the Fairgrounds and Expo Center. It was noted that this would enable Mr. Johnson, Fairgrounds Manager, to book events under the new fee schedule with the existing contract.
Mr. Mike Willett, Development & Public Works Director, informed the Board the proposed maintenance-improvement plan should be completed around August 1, 1982.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:00 P.M.
James R. Carson, Jr., Chairman
James C. Watkins, Clerk
mcg/6-3-82