A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

AUGUST 17, 1982

The Lake County Board of County Commissioners met in regular session on Tuesday, August 17, 1982, at 9:00 A.M. in the Board of County Commissioners Meeting Room, Tavares, Florida. Present at the meeting were the following: 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; Sanford Minkoff, County Attorney's Office; and Mary C. Grover, Secretary.

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

SHERIFF/CLERK/BUDGET TRANSFERS

Mr. Watkins, Clerk, addressed the Board to discuss the action taken on August 10, 1982, regarding the transfer of $7,500 from the Sheriff's Contingency Account to Expenses Other Than Salaries and Equipment Accounts to implement an Interlocal Agreement whereby the Clerk's Computer Services Department would be computerizing the Sheriff's Department bookkeeping and property records. He stated the Board had, at a previous meeting, transferred all the funds from the Sheriff's Contingency to the salary account. He recommended the Board approve the transfer of funds from Fine & Forfeiture Contingency to implement the agreement.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the transfer of $7,500 from the Fine & Forfeiture Contingency to the Clerk of Circuit Court to implement the agreement between the Clerk's Office and the Sheriff's Department.

MINUTES

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the Minutes of August 10, 1982, as amended and corrected.

CETA

Mr. James Flowers, CETA Director, addressed the Board re- questing approval of the Fiscal Year 1983 Florida State Board for Vocational Education CETA 204 (c) Non-Financial Agreement.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the Chairman's signature on the Fiscal Year 1983 Florida State Board for Vocational Education CETA 204 (c) Non-Financial Agreement as recommended by Mr. Flowers.

PROPERTY APPRAISER/ACCOUNTS ALLOWED

Mr. Watkins informed the Board he had received a request from the Property Appraiser's Office for payment to the U. S. Postmaster in the amount of $16,000 to pay for the mailing of 80,000 assessment notices.

Commr. Carson stated he had already authorized payment as the notices needed to be mailed prior to today's meeting. He further stated it was mandatory that the County Commission pay for this expenditure.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the action taken by Commr. Carson of authorizing payment to the U. S. Postmaster in the amount of $16,000 to pay for the mailing of 80,000 assessment notices.

BONDS - CONTRACTOR

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the following new contractor bonds and cancellations:

New

140-83 Curtis Colter (Carpentry)

3061-82 Harry T. Stanley, Jr. (Mobile Home Contractor)

3062-82 Mike1 W. Smith (Electrical)

Cancellations

1941-83 Randall Clark

ACCOUNTS ALLOWED

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved payment of warrants #26302 through #26579 for the following accounts:

General Revenue County Transportation Trust

Fine & Forfeiture Mosquito Control

Aquatic Weed Revenue Sharing

Northeast Hospital Northeast Ambulance

Northw est Ambulance Section 8

CETA Law Enforcement Trust Fund

Boating Improvement Nursing Home

Landfill COR Building

Special Assessments

INDIGENTS

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

Approved

Blonde11 Steifel for Maria Vega-------------------$5O.OO/August

Lamont C. Horn for Thomas Howard------------------$5O.OO/August

Richard Earnest for Joyanna Stanley---------------$5O.OO/August

Cancelled

Jack Simmons for Elease Jones---------------------$5O.OO/July

Ida T. James for Gloria Richardson----------------$5O.OO/July

J. H. Moore for Linda Wright----------------------$5O.OO/August

BUDGET TRANSFERS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the following budget transfers:

GENERAL FUND

BOARD OF COUNTY COMMISSIONERS

PLANNING DEPARTMENT

Transfer $900.00 from Fuel and Lubricants Account Number 001-515-1-00-18-010-521 to Machinery and Equipment Account Number 001-515-1-00-18-010-640. Reason: Departmental Request.



FAIRGROUNDS



Transfer $2400.00 from Contractual Services Account Number 001-572-1-00-18-050-340 to Building/Grounds Maintenance Account Number 001-572-1-00-18-050-463. Reason: Correct Previous Budget.



Transfer $400.00 from Travel & Per Diem 001-574-1-00-18-050- 400 to Equipment Maintenance Account Number 001-574-1-00-18-050- 462 ($200.00) To Fuel & Lubricants Account Number 001-574-1-00- 18-050-521 ($200.00). Reason: Overexpended.



AGRICULTURE DEPARTMENT

Transfer $500.00 from Equipment Maintenance Account Number 001-537-1-00-000-462 to Building/Ground Maintenance Account Number 001-537-1-00-43-000-463. Reason: Departmental Request.





COUNTY TRANSPORTATION TRUST FUND

ROAD AND BRIDGE

Transfer $25,000.00 from Regular Salaries Account Number 112-54-1-00-18-610-120 and $5,000.00 from Contractual Services Account Number 112-541-1-00-18-610-340 to Account Number Transportation 112-54-1-00-18-610-420 ($450.00) Equipment Maintenance Account Number 112-54-1-00-18-610-462 ($27,050.00) Building/Ground Maintenance Account Number 112-54-1-00-18-610-463 ($250.00) Office Supplies Account Number 112-54-1-00-18-610-510 ($1500.00) Books, Publications & Dues Account Number 112-54-1-00- 18-610-540 ($500.00) Machinery & Equipment Account Number 112-54- 1-00-18-610-640 ($250.00).Reason: Overexpended.



NURSING HOME

Transfer $22,000.00 from Regular Salaries Account Number 410-562-1-00-37-000-120 to Account Number 410-562-1-00-37-000-170

Other Personal Services ($lO,OOO.OO) Account Number 410-562-1-00- 37-000-520 Operating Supplies ($7,000.00) to Account Number 410-562-1-00-37-000-430 Utility Services ($5,000.00). Reason: Overexpended.



Transfer $1,050.00 from Social Security Account Number 410- 62- 1-00-37-000-210 to Other Professional Services Account Number 410-562-1-00-37-000-315. Reason: Overexpended.



Transfer $2,000.00 from Retirement Contributions Account Number 410-562-1-00-37-000-220 to Unemployment Contributions Account Number 410-562-1-00-37-000-250. Reason: Overexpended



Transfer $500.00 from Travel & Per Diem Account Number 410-562- 1-00-37-000-400 to Advertising Account Number 410-562-1-00-37- 000- 495. Reason: Overexpended.



LANDFILL FUND

LANDFILL LOCAL

Transfer $18,500.00 from Equipment and Maintenance Account Number 420-534-l-00-18-630-462 and $18,500.00 from Rental and Leases Account Number 420-534-l-00-18-630-440 to Machinery and Equipment Account Number 420-534-l-00-18-630-640. Reason: Overexpended.



CLERK

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the Chairman and Clerk to sign the Satisfaction of Judgment for Nelson Edward Williams, in the amount of $250.00 (Case 78-668- F).

BONDS/EDUCATION

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved and authorized the signatures on the bonds for Almeda F. Williams and Richard Edgerton, Members, District Board of Trustees, Lake-Sumter Community College. The Board also approved a bond for Mr. Terry Jackson, subject to the paper work being completed.

REPORTS

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board acknowledged receipt of the July 23, and July 30, 1982, Distribution of Revenue, Traffic/Criminal Cases.

BONDS/CONTRACTS, LEASES & AGREEMENTS

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the Certificate of Insurance for Leesburg Cablevision, Inc.

PUBLIC HEALTH

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board acknowledged receipt of the third and fourth quarter reports for FY '81-'82 from Lake County Family Health Council, Inc.

HOSPITALS

Mr. Watkins, Clerk, informed the Board the Building Committee had met to discuss the site plan for the ambulance/morgue facility. He stated the plans have been submitted to the County Planning Department to take to the City of Leesburg to get the necessary variances.

OUTDOOR RECREATIONAL FACILITIES/MEETINGS

Mr. Sanford Minkoff, County Attorney's Office, informed the Board a meeting had been tentatively scheduled for August 26, 1982, to discuss the situation at Lake Dalhousie. He further stated Commr. Burhans, a member from the Game & Fresh Water Fish Commission, and a member from the Sheriff's Department would be present. He further stated the meeting would be advertised in the newspaper inviting the public to attend.

WATER AUTHORITY/RESOLUTIONS/SIGNS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Water Authority and approved setting a 5 MPH speed limit in a canal adjacent to Haines Creek.

EDUCATION

Commr. Carson questioned if the Board would like to take a position on the potential merging of Lake/Sumter Community College and Lake Area Vocational-Technical Center. Commr. Windram stated he felt the Board needed additional background information before making a decision. No action was taken at this time.

COMMUNICATIONS

Commr. Carson stated the Board had been invited to attend the Lake County Board of Realtors open house, August 26, 1982, from 5 p.m. to 7 p.m., at their new office located at 725 E. Alfred Street in Tavares.

PUBLIC HEALTH/MENTAL HEALTH

Mr. Minkoff, County Attorney's Office, discussed with the Board the requests from Sunrise Workshop, Inc. and Lake/Sumter Community Mental Health Center asking the Board's endorsement of their programs. Mr. Minkoff stated there were no legal difficulties with the letters.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board authorized the Chairman to sign the letter to Sunrise Workshop, Inc. endorsing their program.

The Board postponed action on the letter to Lake/Sumter Community Mental Health Center and directed Commr. Smoak, liaison to Mental Health Center, to work with Commr. Burhans and the Health & Benefit Advisory Committee to find out what specific grant the Health Center is applying for and report back to the Board with a recommendation.

BIDS/PUBLIC WORKS

MS. Norma Showley, Purchasing Agent, was present to discuss County Bid #022-82 for a tractor and flail mower for the Public Works Department.

Commr. Burhans made a motion, which was seconded by Commr. Deems, to award the bid to Hood Tractor of Orlando in the amount of $26,985.00.

Commr. Smoak informed the Board he had spoken with Mr. Norris, Fort Mason Tractor, regarding the bid specifications required. He stated Mr. Norris recommended the Board consider changing the bid specifications to allow air cooled engines be part of the bidding process.

Commr. Burhans withdrew his motion and Commr. Deems withdrew his second.

The Board instructed Ms. Showley to contact Hood Tractor to see if they will sell the mower individually, check with Public Works Department to see why air cooled engines were excluded from the bids, and report back to the Board this afternoon with a recommendation.

MOSQUITO CONTROL/ACCOUNTS ALLOWED

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved to purchase a London Fog ULV Unit, Model XK, from Sanex Chemicals, Inc., Hollywood, in the amount of $4,910.00 for the Mosquito Control Department.

ORDINANCE/PLANNING DEPARTMENT

At 10:00 a.m. the Chairman announced the advertised time had arrived to consider adoption of an Ordinance amending Ordinance 1971-6, pertaining to wetlands. It was noted the proper proof of publication was on hand and had appeared in the July 29, and August 10, 1982, editions of the Sentinel Star, Little Sentinel edition.

Mr. Mike Willett, Director of Development & Public Works, briefly explained the purpose of the proposed ordinance. He stated the proposed ordinance created a section regulating peat mining in wetlands. He further stated that four (4) additional soil types (not covered by current ordinance) had been placed in the proposed Ordinance. Mr. Jerry Sexton, Planning & Zoning Coordinator, pointed out the proposed ordinance still exempts Agriculture.

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

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

AN ORDINANCE TG AMEND THE ZONING REGULATIONS OF LAKE COUNTY, ORDINANCE 1971-6, AS AMENDED, BY AMENDING SECTION 40.850, DEFINITION OF SITE ALTERATION: BY AMENDING SECTION 40.1040, DEFINITION OF WETLANDS: AND BY AMENDING SECTION 70.37, GENERAL PROVISIONS OF WETLANDS, TO AMEND SECTION 70.370 TO PROVIDE FOR A CONSERVATION EASEMENT AND TO CREATE SECTION 70.374 REGULATING PEAT MINING IN WETLANDS.



On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved adoption of Ordinance #1982-15, as read by title only on its first and final reading.

COMMUNICATIONS

Commr . Carson informed the Board that Seminole Electric Coop. would be present at the September 7, 1982, meeting to present a slide presentation of their transmission line location.

ORDINANCE/PLANNING DEPARTMENT

At 10:15 a.m. the Chairman announced the advertised time had arrived to consider adoption of an ordinance amending Ordinance 1971-6 in regards to parking regulations. It was noted the proper proof of publication was on hand and had appeared in the July 29, and August 10, 1982, editions of the Sentinel Star, Little Sentinel edition.

Mr. Mike Willett, Director of Development & Public Works, informed the Board the proposed Ordinance had been reviewed by the Board of Realtors.

The Board discussed amending Item K, Governmental Services, on page 11 of the proposed Ordinance. Mr. Willett stated he would like to add the following sentence "The County has the ability, depending upon the uses of that governmental service, to turn down a site plan and to negotiate parking spaces".

Commr. Carson suggested that a general statement stating : "Any building built for governmental services must be approved by Planning and Zoning Department". Discussion continued regarding possible parking problems with Item L, Hospitals, and Item M, Hotels and Motels.

The Board discussed possible parking problems with Item N, Marinas on page 12. Commr. Smoak suggested the following clause be included "More spaces for parking will be required if multi deck storage is used".

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the following amendments to the proposed Ordinance:

Page 11, Item K, Governmental Services

"The Planning & Zoning Coordinator shall determine the parking requirements based upon the traffic generated by the particular use".

Page 12, Item N, Marinas

"Additional parking spaces for dry slips shall be determined by the Planning and Zoning Coordinator, based upon acceptable standards."

Mr. Jerry Sexton, Planning & Zoning Coordinator, stated the proposed ordinance created Section 70.42 Regulations for the parking, storing, or keeping of boats, buses, trailers, trucks, and commercial vehicles. He stated the Planning Department has restricted the parking of semis, trailer coaches, etc. in residential areas. He stated the vehicles can be parked in a residential area for a period of two hours. The Board discussed allowing the parking of one semi-trailer, truck, bus, etc. on 5 or more acres in non-residential areas.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried, the Board approved the following amendment to Section 70.42, Item B, Number 6:

"All lots containing five (5) acres or more in size, not in established residential districts, be excluded from the provisions of Item C, Number 2 and that one of described vehicles be allowed on the property if it is operated by the resident."

Commr. Carson voted "No".

No one present wished to discuss the proposed ordinance with the Board.

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

AN ORDINANCE AMENDING THE ZONING REGULATIONS OF LAKE COUNTY, FLORIDA, ORDINANCE, 1971-6 AS AMENDED, BY DELETING SECTIONS 63.144, 63.254, 64.144, 645.144, 65.144, 665.143, 67.144, 67.16, 67.160, 68.15, 68.150, 68.151, 68.152, 68.153, 68.154, 69.15, 69.150, 69.151, 610.15, 610.150, 610.151, 610.152, 611.130 (b), 611.15, 611.150, 611.151, 70.122, 70.132, and 70.350, WHICH RELATE TO PARKING AND SCREENING REQUIREMENTS IN R-1-15 (RESIDENTIAL ESTATES), R-1- 10, (MEDIUM RESIDENTIAL), R-1-7 (URBAN RESIDENTIAL), R-1-6 (RESIDENTIAL), R-1-5 (MOBILE OR MIXED RESIDENTIAL), RM (MOBILE HOME), RP (RESIDENTIAL PROFESSIONAL), C-l (RURAL OR TOURIST COMMERCIAL), C-2 (COMMUNITY COMMERCIAL), LM (LIGHT MANUFACTURING), AND M-1 (HEAVY INDUSTRIAL) ZONING DISTRICTS; BY AMENDING SECTIONS 69.120, 610.120, 611.120, 70.283, and 70.350 WHICH RELATE TO MINIMUM LOT SIZE AND SCREENING: AND BY CREATING SECTION 70.39 SCREENING FOR.COMMERCIAL AND INDUSTRIAL USES, SECTION 70.40 OFF-STREET PARKING REGULATIONS, SECTION 70.41 OFF-STREET LOADING REGULA-TIONS, AND SECTION 70.42 REGULATIONS FOR THE PARKING, STORING, OR KEEPING OF BOATS, BUSES, TRAILERS, TRUCKS, AND COMMERCIAL VEHICLES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.



On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved adoption of Ordinance #1982-16, as amended, as read by title only on its first and final reading.

LICENSES AND PERMITS

Mr. Gordon Savage, representing Marie Ann Johnson, addressed the Board to request approval of the application for a permit as a palmist for Ms. Johnson.

It was noted the Sheriff's Department had done a background investigation and Ms. Johnson has no known criminal record.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the application for a permit to obtain an occupational license as a palmist for Marie Johnson.

FIRE DISTRICTS

Mr. Sanford Minkoff, County Attorney's Office, informed the Board he had received a Resolution from Pasco Fire District

requesting the Board place a question on the November, 1982, ballot for the approval of annexation of additional property into the fire district.

He stated the Board Office had petitions from residents in the area in favor of the annexation.

The Board referred the request to Commr. Windram, Mike Willett, Director of Development & Public Works, and Chris Ford, County Attorney, to research and report back to the Board

SUBDIVISIONS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board gave preliminary approval of the Construction Plans for Eagle Ridge Subdivision.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved partial payment to Leecon, Inc. on Project #4-82, C-561 Widen and Resurface in the amount of $108,229.23 (Secondary Funding).

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved partial payment to Leecon Inc. on Project #7-82, 3-1040 Lakeshore Drive Widen and Resurface in the amount of $78,150.02 (Revenue Sharing).

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved partial payment to Leecon, Inc. on Project #9-82, SR 450 Widen Only in the amount of $63,859.50 (Secondary Funding).

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved partial payment to Superior Asphalt Company, Inc. on Project #6-82, 2-1422 Curtis Avenue and 2-1423 Gano Road Design Build Construction in the amount of $22,454.90 (Revenue Sharing).

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved full payment to Superior Asphalt Company, Inc. on Project #ll-82, Removal of Bridge on Silver Lake Drive, l-5327, in the amount of $11,519.40 (Secondary Funding).

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved partial payment on Project SR 42 to Martin Paving Company in the amount of $17,117.93 (Secondary Funding).

ACCOUNTS ALLOWED/ASSESSMENTS/ROAD PROJECTS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved full payment for the construction of Overton Drive, l-5233, to Dennis Meridith, Inc., in the amount of $25,442.00 (Special Assessment Fund).

RESOLUTIONS/ASSESSMENTS

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 Resolution for accepting Overton Drive, l-5233, into the County maintenance system.

ROADS - COUNTY/STATE

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the release of road reservations from the Department of Transportation as contained in the following deeds:

#2070, All but 33 feet from the centerline of Floral Avenue. (Department has letter from the City of Eustis)



#899, All but 40 feet from the centerline of Radio Road, l-5433.



#1031, No road - release all reservations.

ROAD PROJECTS/FUNDS - GENERAL

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the Department of Transportation Voucher for transfer of funds for Project #ll-82, Removal of Bridge on Silver Lake Drive, l-5327, in the amount of $11,519.40.

BIDS/ROAD PROJECTS

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board awarded Project #13-82, Intersection Changes on SK 44, C-452, and C-452A to Superior Asphalt Company, Inc., in the amount of $33,367.75 (low bid) and directed a letter be written to Superior Asphalt stating the changes have to be built to state and county standards.

BONDS - MOBILE HOME

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the request from Thomas J. Paul - Emeralda Island 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 dwelling or upon the request of the Board of County Commissioners.

PUBLIC WORKS/RESOLUTIONS

Discussion occurred regarding the proposed Resolution placing the 9th cent Gas Tax question on the ballot.

Mr. Willett, Director of Development & Public Works, informed the Board that there were 961 miles of inferior roads in Lake County (including all but one city).

Mr. Willett stated the city that did not respond felt they did not have enough information to make an estimate.

Commr. Smoak suggested the Resolution include "cities" in the ballot question where appropriate.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the changes to the 9th Cent Gas Tax ballot question to include 961 as the number of miles of inferior roads in Lake County and to include the word "cities" where appropriate.

RECESS & REASSEMBLY

At 11:25 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 the remainder of the Public Works Agenda. Commr. Windram arrived at the meeting at 2:05 p.m.

PUBLIC WORKS AGENDA

ROAD CLOSING - Vacation of portion of Julia Street - Petition #289

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

Mr. Willett, Development & Public Works Director, informed the Board that this petition was postponed from July 20, 1982 in order for the Public Works Department to try and obtain a drainage easement on Carter Street from Mr. 0. M. Lee, Petitioner. Mr. Willett stated the Department has received the drainage easement on Carter Street.

It was noted the proper proof of publication was on hand and had appeared in the June 23rd and June 30th, 1982, editions of the Sentinel Star, Little Sentinel edition.

On a motion by Commr. Burhans, seconded by Commr. Deems and

carried unanimously, the Board approved the vacation of a portion.of Julia Street between Blocks 56 and 57, vacation of Lots 5 and 6, Block 57, and Lots 4 and 5, Block 56, according to the Plat of Astor as recorded in Plat Book 2, page 12, Public Records of Lake County, Florida, for Otis M. Lee, as per Petition #289, described as follows:

That portion of Julia Street between Blocks 56 and 57. Vacate Lots 5 & 6, Block 57 and Lots 4 & 5, Block 56 according to the Plat of Astor as recorded in Plat Book 2, Page 12, Public Records of Lake County, Florida.



ROAD CLOSING - Portion of Jackson Street - Petition #292

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

It was noted the proper proof of publication was on hand and had appeared in the July 27th and August 3rd, 1982, editions of the Sentinel Star, Little Sentinel edition.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the vacation of the portion of Jackson Street west of C-561 between Lots 13 and 14 and between Lots 9 and 10, Block L, according to the Plat of Astatula recorded in the Plat Book 1, page 12, Public Records of Lake County, Florida, and the intersection between the above mentioned lots for Huffstetler and Company, Inc., as per petition #292, described as follows:

Jackson Street West of C-561 between Lots 13 and 14 and between Lots 9 and 10, Block "L", according to the Plat of Astatula, filed December 1, 1891, and recorded in Plat Book 1, Page 12, Public Records of Lake County, Florida, and the intersection between the above mentioned Lots 13, 14, 9 and 10.



ROAD CLOSINGS - PERMISSION TO ADVERTISE

Portion of Pine and Holley Streets in Ferndale Subdivision

Petition #293

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

Mr. Willett, Director of Development and Public Works,

informed the Board the Department had a problem with the closing of a portion of Holley Street as it may negatively discourage future development in the area and cut off access to Tract 30.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board directed Mr. Willett to write Mr. Price and advise him that the Board did not feel they could favorably consider the request for vacating a portion of Pine and Holley Streets in Ferndale Subdivision No. 1, for Lude & Hassie Price.

Portion of South Buckhill Road, #3-2439, south of the Turn- pike to the intersection of Causey Road, #3-2440; Libby Road,

#3-2335, from the intersection of Libby Road, #3-2233, south approx. 1,036 feet and Lot 24 in Minni Flora Height Subdivision Petition #294



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

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board granted permission to advertise the vacation of a portion of South Buckhill Road, #3-2439, south of the Turnpike to the intersection of Causey Road, #3-2440; and postponed action to vacate Libby Road, #3-2335, from the intersection of Libbey Road, #3-2233, s outh approximately 1,036 feet; and Lot 24 in Minni Flora Heights Subdivision, as recorded in Plat Book 12, page 43, Public Records of Lake County Florida, for Florida Citrus Growers Corporation, as per Petition #294.

Maryland Avenue - Petition #296

Mr. Richard Toole, petitioner, was present to discuss the hearing with the Board.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board granted permission to advertise for the vacation of Maryland Avenue, #2-2220, east of Orange Avenue, #2-2219, and Lots 1 through 12, Block 132, Villa City Subdivision as recorded in Plat Book 1, page 31, Public Records of Lake County, Florida, for Richard E. Toole, as per Petition #296 and instructed that the petitioner obtain written approval from the adjacent property owners who front on the road.

PUBLIC WORKS/RESOLUTIONS

Mike Willett, Director of Development & Public Works, informed the Board there was a correction on the number of miles of inferior roads in Lake County. He stated the number was 861 miles instead of 961.

DEEDS/RIGHT-OF-WAY/PUBLIC WORKS

Mike Willett, Director of Development & Public Works, addressed the Board to discuss action taken by the Board on April 15, 1980, in regards to reconveyance of right-of-way to Mr. Manderson. He.explained the Board quit claimed the right-of-way back to Mr. Manderson. He stated the right-of-way went through Mr. Manderson's property. He further explained, that in doing so, it left Highland Lakes Subdivision, located off 44, without a proper access. He stated the access that the Subdivision is currently using is 15 feet.

Commr . Smoak questioned how the County could dispose of right-of-way acquired in any manner. Mr . Minkoff, County Attorney's Office, stated Chapter 215 of the Florida Statutes provided that when a person gives a right-of-way to a public body and sixty (60 months later the public body has not built a road, the people can petition and request that the right-of-way be deeded back to them He stated the action taken in 1980 was legal.

Mr. Roy Smartt, resident of Highland Lakes Subdivision, addressed the Board stating his objections to the action taken in 1980. Mr. Smartt further stated that he represented the property owners in the Subdivision. Mr. Smartt explained that the "trespassers" as discussed in the 1980 meeting were people trying to get to their property. He further stated Mr. Manderson had blocked off the road prior to the April 15, 1980.

Mr. Minkoff informed the Board he had spoken with Mr. Manderson's attorney in an attempt to get the right-of-way deeded back to the County. He further stated the staff was researching the possibility of obtaining a larger right-of-way on the easement currently in use.

Commr. Smoak questioned if the County could require the developer to comply with the new Lots of Record Ordinance as to the internal improvements in the Subdivision including an entrance into the Subdivision. Mr. Minkoff stated he felt the County could not mandatorily make the developer comply, but the County could refuse to issue building permits until the improvements are made.

Mr. Minkoff recommended the County continue to get a full 50' right-of-way on the current 15' access. He further suggested the County continue pursuing the possibility of getting the deed back from Mr. Manderson.

Commr. Smoak suggested the County Attorney's Office and Mike Willett, Director of Development & Public Works, pursue in getting right-of-way.

Mr. Smartt explained that he was requesting the Board recognize that Highlands Lake Subdivision was entitled to a proper, legal access. Mr. Willett stated the subdivision already has legal access, but that the residents were requesting the access be widened to 50 feet.

Mr. Willie Smith, resident of Highland Lakes Subdivision, addressed the Board to state he felt it was the obligation of the County to see that a legal right-of-way is placed out in the Subdivision in a safe manner.

Mrs. Mollie Goodman, also a resident, addressed the Board to question what the laws in 1959 were regarding subdivisions. Mr. Willett stated the laws were limited in 1959. He stated there were no subdivision regulations in 1959; the law was basically State law. Commr. Smoak suggested Mr. Willett research the requirements of Lake County when the subdivision was approved by the Board of County Commissioners and contact Mrs. Goodman as to the findings of the research.

PURCHASING/BIDS/PUBLIC WORKS

Discussion occurred regarding County Bid #022-82 for a tractor and flail mower which was discussed earlier in the meeting. Mr. Willett, Director of Development & Public Works, stated the reason Ben Benedum, Public Works Coordinator, had written the specifications for a water cooled engine was that he felt it opened the bid up to more vehicles.

Mr. Willett recommended that the awarding of bids on heavy equipment be placed on the Public Works Division Agenda so that Public Works is better prepared to answer any questions the Board might have. Mr. Watkins stated he felt, in that particular case, that it was appropriate that the people who made the request were present to justify why they made their recommendations.

Ms. Norma Showley, Purchasing Agent, addressed the Board to discuss awarding County Bid #022-82. She stated Hood Tractor would be willing to sell the mower individually. She further stated that in awarding the bid for the tractor and flail mower separately there would be a $966.00 difference between bidding separately and the low bid received from Hood Tractor. She further stated Mr. Benedum and Mr. Daniels, Public Works Department, recommended accepting the low bid from Hood Tractor.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board awarded County Bid #022-82 for a tractor and flail mower to Hood Tractor of Orlando, in the total amount of $26,985.00 (low bid).

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/8-19-82