A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JULY 6, 1982

The Lake County Board of County Commissioners met in Regular Session on Tuesday, July 6, 1982, at 9:00 A.M. in the County Commissioners' Meeting Room, Courthouse, Tavares, Florida. Commissioners present were: James R. Carson, Jr., Chairman; Thomas J. Windram; Claude E. Smoak, Jr.; C. A. "Lex" Deems; and Glenn C. Burhans. Others present were: Christopher C. Ford, County Attorney; and Cathy B. Roy, Secretary.

The invocation was given by Commr. Carson and the Pledge of Allegiance was led by Commr. Windram.

MINUTES

On a motion by Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the Minutes of June 15, 1982, as submitted.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the Special Minutes of June 17, 1982, as submitted.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the Special Minutes of June 22, 1982, as submitted.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the Special Minutes of June 29, 1982, as submitted.

ACCOUNTS ALLOWED/PERSONNEL

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved a travel request for Mr. Glenn Timmons, Personnel Director, to attend the Florida Public Personnel Association Conference on July 14-16, 1982, in Orlando, Florida, at a cost not to exceed $100.00.

BUILDING COMMITTEE/PUBLIC HEALTH

Commr. Deems reported to the Board that the Building Committee had met on Monday, June 28, 1982, and it was the recommendation of the Committee that the following architects' proposals be submitted to the Board for their consideration on the proposed ambulance housing and morgue facility:

Louis C. George, AIA

John S. Dickerson Architect, Inc.

Paul Robin John, Architect

Nick Jones and Associates

Jones King Associates Architects, Inc.

Commr. Deems stated the order listed was not an indication of preference. Chris Ford, County Attorney, stated that a consideration of the Building Committee had been the number of public buildings for which each of the architects had supplied architectural services. Mr. Ford stated the numbers as listed below:

John Dickerson, Architect, Inc. - Nine

Louis C. George, AIA - Seven

Jones King Associates Architects, Inc. - Seven

Paul Robin John, Architect - Five

Nick Jones and Associates - Four

Mr. Ford stated the above figures were taken from the specifications submitted by the architects. Mr. Ford informed the Board that two of the architects submitting proposals for this project had been eliminated based on the small scope of the project, the distance of the firms from the proposed project in Leesburg and the fact that they were not based in Lake County.

Mr. Ford stated it was the feeling of the Committee that the Lake County firms were well qualified for the project.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the recommendation of the Building Committee that the firms of Sigma Architectural Group and Master Design Group, Inc. be eliminated from further consideration.

The Board directed that the five local firms listed above be invited to appear before the Board on Tuesday, July 13, 1982, starting at 10:30 A.M., to be interviewed in alphabetical order. It was determined that each of the five firms would be interviewed for approximately five minutes and at the end of the interviews the firms would then be rated by the Board to be called back in order of preference for the selection of a firm to provide the services.

PUBLIC WORKS AGENDA

BONDS - MOBILE HOME

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved renewal of Mobile Home Bonds for the following persons:

Robert McGill - Groveland Area - District #2

Ralph and Mariann Burgess - Wekiva River Area - District #4

Larry R. Sutton - Bassville Park Area - District #5

BONDS - MOBILE HOME

On a notion by Connr. Smoak, seconded by Conmr. Deems and carried unanimously, the Board approved the request of Grady and Thelma Hyatt - Groveland Area - District #2, to live in a mobile home on the sane piece of property on which their 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 dwelling or upon the request of the Board of County Commissioners.

On a motion by Conmr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved cancellation of a Mobile Home Bond for William M. Vanderhoof in that the conventional dwelling has been completed and the mobile hone removed from the property.

On a notion by Connr. Snoak, seconded by Commr. Windram and carried unanimously, the Board approved cancellation of a Mobile Home Bond for Gordon Hutchinson as the property owner does not intend to construct a dwelling unit at this time and no mobile home had been placed on the property.

Commr. Smoak reported to the Board that the request of Mr. and Mrs. Hyatt approved by the Board had been called to his attention due to the fact that their home had recently burned and due to the scheduled meetings of the Board had caused a hardship to Mr. and Mrs. Hyatt. Connr. Snoak stated that he had requested the staff to research and report to the Board on the possibility of an administration procedure being implemented to approve mobile hone bonds in certain zoning classifications. Comnr. Smoak stated this would be brought before the Board for discussion at a later date.

MUNICIPALITIES/REZONING

On a motion by Comnr. Burhans, seconded by Comnr. Smoak and carried, the Board approved the request by the Town of Lady Lake to rezone property owned by Edwin Padgett from Agricultural Zoning to the Town of Lady Lake's zoning classification of R-2 Multi-Family Residential (4,500 square foot lots). It was noted that this property was annexed on October 5, 1981.

Commr. Deems stated he had a conflict on this item and refrained from discussion and declined voting.

ESCROW/SUBDIVISIONS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved release of Westview Terrace Subdivision Maintenance Bond and Citrus Circle Subdivision Maintenance Bond.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved final payment on Project #l-82, design build construction of 4-3784 Azalea Avenue, 4-3785 Orange Avenue, 4-3786 Magnolia Avenue, 4-3685 Pine Drive and 4-3585 Palmetto Drive to Superior Asphalt Company, Inc., in the amount of $55,121.15, from County Funds.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved partial payment on Project #6-82, design build construction of 2-1422 Curtis Avenue and 2-1423 Gano Road to Superior Asphalt Company, Inc., in the amount of $24,949.89, from Revenue Sharing Funds.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved final payment on Project #8-82, design build construction of 5-7991 Maggie Jones Road to Hewitt Contracting Company, Inc., in the amount of $22,293.64, from Revenue Sharing Funds.

CONTRACTS, LEASES & AGREEMENTS/PUBLIC WORKS/ROADS-COUNTY & STATE

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved one-time maintenance agreements for the following:

1. Jackaranda Drive for William C. Eyerly in the amount of $30.00.



2. Magnolia Drive for V. W. Parker in the amount of $100.00.



3. Velma Terrace for Lola Oswald in the amount of $25.00.

4. McWhorter Road for Robert Farner in the amount of $30.00.



RIGHT-OF-WAYS - ROADS/EASEMENTS

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved to record a right-of- Way deed on Palmetto Drive #4-3585 in Orange County.

FUNDS-GENERAL/ROAD PROJECTS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved execution of a voucher for transfer of funds from the Department of Transportation on Project S.R. 42 in the amount of $35,329.72 and Project No. 11- 2, Removal of a bridge on Silver Lake Drive in the amount of $11,519.40 for a total transfer of $46,849.12.

COMMUNICATIONS/COUNTY PROPERTY/BIDS

Discussion occurred reyarding communication from Mr. W. C. Doyle, Jr., to purchase the abandoned clay pit owned by Lake County on C-468. Michael Willett, Development and Public Works Director, informed the Board that he had researched this request and stated that he could see no further need of this land by Lake County.

Discussion occurred regarding what uses could be allowed on said property after sale.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried, the Board declared this property surplus and approved to request sealed bids on the purchase of this piece of property with the County reserving the right to reject all bids. Included in the motion was that an opinion of value be obtained on this piece of property. Commrs. Deems and Burhans voted "NO".

CONTRACTS, LEASES & AGREEMENTS/DEEDS/MUNICIPALITIES

On a motion by Commr. Smoak, seconded by Commr. Windram and carried, the Board approved the execution of a Deed to the City of Eustis for property for the Eustis Gun Club. Commr . Burhans voted "NO" .

APPOINTMENTS/EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL/PUBLIC WORKS

Michael Willett submitted for the Board's consideration a memorandum regarding recommendations on an advisory committee and project coordinator the transportation for the disadvantaged agreement with the East Central Florida Regional Planning Council.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved that the following nominations be approved as an advisory committee and project coordinator for this program:

Francesca Knowles, Health & Rehabilitative Services

Jack H. Hargrove, Jr., Lake/Sumter Community Mental Health James Lowe, Lake Community Action Agency Earl Haddon, Lake County Council on Aging Hilda Allwine, Lake County Association for Retarded Citizens Roy Howard, Lake County Sunrise Workshop Darrell Shonkwiler, Lake Special Transportation Brenda Villareal, S. Lake Farmworkers Health Center Glenn C. Burhans, Lake County Board of County Commissioners Michael C. Willett, Lake County Development & Public Works



Included in the motion was that Jerry Sexton and Dan Kotulla, Planning Department, be designated as project coordinators to act as a liaison with the East Central Florida Regional Planning Council throughout the period of this project.

COMMUNICATIONS/COUNTY PROPERTY/BIDS

Mr. W. C. Doyle, Jr., was advised by the Chairman of the proceedings that took place earlier concerning the request to purchase the abandoned clay pit on C-468, and was informed that the property had been declared surplus and sealed bids would be requested for purchase of this property.

REZONING

PUBLIC HEARING CUP #825-3 - Southern Fruit Distributors

CUP in A for Asphalt Plant

Mr. John Kennedy, Golden Gem Growers, addressed the Board to request on the behalf of persons owning grove property in the area that should the Board approve this Conditional Use Permit that Mr. Ted Wicks, Pollution Control Director, and Mr. John Jackson, Lake County Agricultural Center, be allowed to monitor the plant very closely and allow a stipulation that the plant could be closed upon the advice of Mr. Wicks and Mr. Jackson should the plant be found detrimental to area groves.

Discussion occurred regarding previously approved Conditional Use Permit #119A-3 allowing an asphalt plant located near this site. It was noted that this asphalt plant was not functional at the present time.

Mr. A. Wise, Vice President of Lincoln Groves, addressed the Board and requested that this plant be located as far as possible from existing groves and that research be conducted to devise data to determine any effects this plant might have on the area groves.

Mr. Ranston Davis, Attorney, addressed to the Board Mr. McSwain, manager of the asphalt plant. Mr. McSwain stated that the proposed asphalt plant would be all new equipment with very strict emission control and would meet Department of Environmental Regulations Standards.

Commr. Smoak questioned whether Mr. McSwain had contacted representatives of Silver Sands who owned the property on which Conditional Use Permit #119A-3 was located to consider location of the asphalt plant on this property. Mr. McSwain stated he had not been able to contact Mr. Griffin of Silver Sands.

Further discussion occurred regarding possible damage to the area groves as a result of this asphalt plant and the lack of information on the effect of asphalt plant emission on producing groves.

Commr. Smoak moved that this hearing be continued until July 13, 1982, at 2:00 P.M., or as soon thereafter as possible in order to allow the Petitioner to contact the adjacent property owner in an effort to relocate the plant further to the east and more centrally located in those areas which do not contain commercial citrus groves. The motion died for lack of a second.

Further discussion occurred regarding the utilization of the existing Conditional Use Permit on property owned by Silver Sand to operate the proposed asphalt plant.

On a motion by Comm. Smoak, seconded by Commr. Deems and carried unanimously, the Board stated that if through negotiations, the Petitioner was able to secure the site located within existing CUP #119A-3, that the Board would approve that site and the operation of one asphalt plant within that site, subject to the issuance of the normal DER permits.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board postponed action on this Public Hearing subject to negotiations by the Petitioner until July 13, 1982, at 2:00 P.M., or as soon thereafter as possible.

Commr. Carson was advised after these proceedings of a

relationship by marriage to Mr. McSwain and stated that the proper conflict form be filed in the office of the Board of County Commissioners.

Discussion occurred regarding the monitoring of this plant after operations begin and the property owners present were assured that this plant would be monitored by County authorities in conjunction with DER.

RESOLUTIONS/SIGNS/WATER AUTHORITY

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board authorized signature of a Resolution regulating the speed limit on a canal at East Lake Harris Estates (legal description in Resolution) to five miles per hour, as submitted by the Lake County Water Authority.

Discussion occurred regarding the enforcement of County Resolutions and Chris Ford, County Attorney, advised that at the present time the Lake County Sheriff's Department was enforcing County Resolutions and Ordinances.

PURCHASING AGENDA

ACCOUNTS ALLOWED/PLANNING DEPARTMENT

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the request to purchase plan hold map file accessories for the Planning Department from Hilltop Stationery at a cost of $862.20.

ACCOUNTS ALLOWED/FAIRGROUNDS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to purchase material to complete a Fairground Directory sign from Faulkner Plastics, Tampa, at a cost of $418.12 plus freight, with the stipulation that Norma Showley, Purchasing Agent, check into the warranty and the previous business of the company prior to purchase. Ms. Showley supplied the Board with a sample of the material to be used.

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved purchase of a 1982 mid-size station wagon for the Public Works Department to Key Scales Ford (low quote) at a cost of $8,558.93, without trade-in.

PUBLIC HEALTH/RESOLUTIONS

Mrs. Delores Andrejek, Yalaha, addressed the Board requesting that the following question be placed on the upcoming ballot as a straw ballot:

"Do you want any of our Lake County tax dollars to be allocated to the Family Health Council, a private, federally funded agency, for the purpose of providing additional sterilizations (tubal ligations and vasectomies) to Lake County citizens?"

The Rev. Ralph Button addressed the Board requesting that should this be approved to be placed on the ballot that it be placed on the general election ballot.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved for a question to be placed on the upcoming ballot as a straw ballot, regarding the funding of the sterilization program. Discussion occurred regarding the wording of the question and the Board informed Mrs. Andrejek she would be consulted prior to approval of the final Resolution to be forwarded to Mrs. Stegall to be placed on the ballot.

RESOLUTIONS/PUBLIC WORKS

Discussion occurred regarding placing on the upcoming ballot the question of a 9th cent gas tax. Mr. Willett reported to the Board the results of corresponding and meeting with the various municipalities in Lake County and the recommendations of the municipalities. Mr. Willett stated the funds would be utilized basically for unmaintained road funds and the balance to be used for urban traffic transportation improvements. Mr. Willett stated an annual estimated revenue would be $700,000.00, County wide. Mr. Willett reported to the Board that his department had recently received a letter from Sun Bank allocating a participation level of $100,000 financing in conjunction with the new Lake County Road Policies on Special Assessments. Mr. Willett also reported that the Public Works Department was in the process of informing top priority areas of the new policy.

Mr. Willett informed the members of the Board that a meeting with the Lake County municipalities has been scheduled for Friday, July 9, 1982, regarding the proposed Resolution on a 9th cent gas tax.

APPOINTMENTS/COMMUNICATIONS

The Chairman informed the Board that a letter from Mr. Fred A. McDowell had been received resigning his position on the South Lake Aviation Authority. On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board accepted Mr. McDowell's resignation and directed that a letter of appreciation be sent to Mr. McDowell for his service to the South Lake Aviation Authority. Commr. Smoak stated he would contact Senator Langley regarding the status of the authority and whether or not a replacement would be required to fill Mr. McDowell's position.

LICENSES AND PERMITS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the following Gun Permits be issued to new applicants, the following renewals be issued and the requested additions and deletions be implemented:

NEW ADDITIONS & DELETIONS

Athan A. Davis Jerry Voorhees

Michael W. Buryk Charles LaBelle

Dennis D. Wilson

RENEWALS

Luther C. Jones

Iona M. Burhans

Steven W. Parramore

Gerard K. Kelch

James E. Denman

Larry Ponds

INDIGENTS

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved payment on the following indigents:

Angelica Beets for Richard Basford $50.00

ACCOUNTS ALLOWED

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously the Board approved payment of Warrant #25371 thru 25754 for the following accounts:

General Revenue Nursing Home

co. Transp. Trust N. W. Ambulance

Mosquito Control Section 8

N. E. Hospital CETA

Fine & Forfeiture COR Buildings

Revenue Sharing COR Nursing Home

Aquatic Weed Landfill

N. E. Ambulance

ESCROW/LANDFILL

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved release of escrow in the amount of $80.00 for Holiday Mobile Home Park due to a change in ownership.

CLERK/JUVENILES/COURTS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized signature of the satisfaction of judgment for J. 0. Rutland and Sadie Rutland in the amount of $10.00, satisfaction of judgment for William C. Cardell, Case #81-344-CJ, in the amount of $150.00, and satisfaction of judgment for Michael Blair Roberts, Case #81- 411-CJ, in the amount of $150.00.

REPORTS

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

1. Monthly Board Packet from Lake Community Action Agency for the month ending June 30, 1982.



2. Status Report from Youth Services for May 1 - May 31, 1982.



3. The 1981 Annual Report from the Florida Department of Law Enforcement Medical Examiners Commission.



4. The Distribution of Revenue - Traffic/Criminal Cases for weeks of June 14, June 24, and June 21, 1982.



BONDS/FIRE DISTRICTS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of the Public Official Bond for James M. Smith of the Mt. Plymouth Fire Control District.

LIBRARIES/MEETINGS

Commr. Smoak announced that he would not be present for the afternoon session in order that he could prepare for a public meeting to be held this evening regarding the County Wide Library Study. Commr. Smoak informed those present that the following meetings had been scheduled:

July 7, 1982 - 7:30 P.M. in the Lake Square Mall Community Room

July 8, 1982 - 7:30 P.M. at the Umatilla Community Building

July 21, 1982 - 4:00 P.M. in the Old Courthouse Building - Fourth Floor Courtroom



Commr. Smoak stated that Virginia Grigg, State Librarian would be present at the July 21, meeting and a recommendation to the Board regarding a County Wide Library System would be formulated at that time.

ACCOUNTS ALLOWED/CETA

On a motion by Commr. Windram, seconded by Commr. Smoak and carried, the Board approved the request of Mr. Jim Flowers, CETA Director, for two staff members to attend a workshop in Orlando, Florida on July 15 and 16, to be reimbursed with CETA funds. Commr. Deems was not present for the vote.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried, the Board approved the request of Mr. Flowers to attend a seminar in Tampa, Florida on July 23, 1982, to be reimbursed with CETA funds. Commr. Deems was not present for the vote.

RECESS AND REASSEMBLY

At 12:00 noon the Chairman announced the Board would recess

for lunch with each Commissioner lunching individually and the Board would reconvene at 2:00 P.M. for the Code Violations Agenda.

CODE VIOLATIONS

PUBLIC BEARING ZV-82-58 - Ralph Brewer

No one was present to discuss this case with the Board. The Chairman read a letter received from Mr. Brewer concerning this case.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board declared Mr. Brewer in violation of Ordinance 1971-6, Section 70.260, and granted him thirty days to either apply for a variance from the Board of Zoning Appeals or renew his building permit and start construction on the residence.

ORDINANCES/OUTDOOR RECREATIONAL FACILITIES

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board authorized advertisement of an Ordinance allowing the Board to set opening and closing hours of County parks by Resolution.

CONTRACTS, LEASES AND AGREEMENTS/FIRE DISTRICTS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board authorized signature of a lease with the Woodlea Volunteer Fire Department allowing the fire department to lease a piece of land from Lake County. The Board directed that Mr. Danny Miley, Chief, be contacted regarding a mailing address to be incorporated into the lease prior to execution and recording.

CONTRACTS, LEASES AND AGREEMENTS/CETA

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board authorized signature of a one- year lease of the building located on Texas Avenue with Emery and Margaret Dillard in the amount of $1,250.00 per month. Chris Ford informed the Board that the new lease included an option to cancel should funding for CETA be cut.

COURTS

Chris Ford, County Attorney, reported on a meeting of a committee formed to study the possibility of contracting attorney services on criminal cases in which the Public Defender's Office has declined representation due to a conflict. Mr. Ford informed the Board that the State of Florida had allocated $108,000 for the Fifth Judicial Circuit with approximately $31,000 for Lake County's portion. Mr. Ford informed that the State allocations would be on a reimbursement per case basis. Commr. Carson stated the budget for this particular item had been approximately $50,000 for the 1981-82 fiscal year.

MEETINGS/PUBLIC WORKS

Commr. Carson directed to Michael Willett, Director of Development and Public Works, a letter from the Dept. of Community Affairs advising of seminars to be held August 20 & 21, 1982, on numerous subjects pertaining to the Public Works and Planning Departments for his consideration.

BUDGETS/COURTS

Discussion occurred regarding a budget request submitted by the Honorable Ernest C. Aulls, Jr., Chief Judge, Fifth Judicial Circuit, requesting implementation of a County Probation Office to oversee misdemeanor cases and the community service requirement on DWI sentences. Discussion occurred regarding the Courts' description of "community service". The Board requested that Judge Aulls be contacted to appear before the Board at their next regularly scheduled meeting in order to answer some of the questions of the Board regarding this request and the newly enacted law regarding DWI sentences.

COMMUNICATIONS/MUNICIPALITIES

Commr. Carson stated he had received a letter from the City of Tavares regarding possible County participation in the purchase of equipment by the City of Tavares Fire Department in order to service County buildings within the city limits of Tavares. Commr. Carson requested that each of the Commissioners be copied on this letter for action at a later date.

COMMUNICATIONS

Commr. Carson informed the Board that he had received a letter from the NACO requesting nominations for public service awards for this year and discussion occurred regarding the awards to be received on Lake County's nominations from 1981 to the Women's Club for the Nursing Home landscaping project and the award for the fencing project and advertisement project of the Animal Shelter.

There being no further business to be brought before the Board, the meeting adjourned at 3:lO P.M..

James R. Carson, Jr., Chairman

James C. Watkins, Clerk

CBR/7/8/82