A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 21, 1982

The Lake County Board of County Commissioners met in Regular Session on Tuesday, September 21, 1982, in the Lake County Board of County Commissioners Meeting Room, Tavares, Florida. Present at the meeting were: James R. Carson, Jr., Chairman; Thomas J. Windram; Claude E. Smoak, Jr.; C. A. "Lex" Deems; and Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Sanford Minkoff, County Attorney's Office; and Cathy B. Roy, Secretary

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

MINUTES

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the Minutes of September 14, 1982, as amended.

EMERGENCY SERVICES

Commr. Carson submitted to the Board a plan prepared by the Emergency Services Department entitled "Peace Time Emergency Plan". Commr. Carson stated that the plan was required by the State of Florida and had been approved by the State. Discussion occurred regarding the content of the plan.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board authorized the Chairman and Clerk to sign the "Peace Time Emergency Plan". Commrs. Smoak and Windram voted " No " , stating that they were not opposing the plan or its contents, but the fact that the plan had not been submitted for review prior to consideration by the Board.

REPORTS

Mr. Watkins supplied the members of the Board with a new listing of all County Employees, along with their telephone numbers and respective departments which was compiled by the Administrative Services Division of the Clerk's Office.

BONDS

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

NEW

38-83 John D. McLeod, Jr. (General)

113-79 Wilbur W. Brown (Electrical)

1394-83 Jimmie D. Stewart (Electrical)

1993-83 Melvin E. Harrison (Specialty)

2010-83 Richard L. Sapp (Specialty)

3069-82 Walter J. Grabiak

CANCELLATIONS

914-82 C. B. Keene (General)

1652-78 Kenneth E. Hastings d/b/a 4 Seasons A/C & Heating

1303-75 Donald H. Burchnell & Don's Electric & Lighting Control, Inc.

INDIGENTS

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

APPROVE

Dennis Ross for Marilyn Robataille - $50.00 for September

Dan Bozeman for Roberta Morris - $50.00 for September

CANCEL

Lawrence Shimel for Faye Wallace - $50.00 for September Tom Grizzard, Inc. for Anita L. Anderson - $50.00 for September Roscoe Wells for John Hampton - $50.00 for August Walker-O'Kelley Investment for Steve Williams - $50.00 for Sept. J. F. Woodson for Loreatha Lewis - $50.00 for September



ACCOUNTS ALLOWED

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved payment of Warrants #26923 through #27176 for the following accounts:

General Revenue Fine and Forfeiture

County Transportation Trust Mosquito Control

Aquatic Weed N.E. Hospital

N.E. Ambulance N.W. Ambulance

Section 8 CETA

COR Buildings Nursing Home

Landfill Special Assessments

BUDGET TRANSFERS

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

GENERAL FUND

Board of County Commissioners.

BUILDING MAINTENANCE

Transfer $1.900.00 from account 001-519-1-00-16-000-463 Building and Ground Maintenance to account 001-519-1-00-16-000- 340 ($500.00) Contractual Services, to account 001-519-1-00-16- 000-521 ($400.00) Fuel and Lubricants, to account 001-519-1-00- 16-000-529 ($l,OOO.OO) Miscellaneous Supplies or Materials. Reason: Overexpended.



EXPO & FARMERS MARKET

Transfer $2,400.00 from account 001-574-1-00-18-050-463 Building/Grounds Maintenance to account 001-574-1-00-18-050-340 Contractual Services. Reason: Overexpended.





ANIMAL CONTROL

Transfer $1,036.00 from account 001-562-1-00-33-000-314 Professional Services-Spay to account numbers 001-562-1-00-33-000- 315 Other Professional Services ($350.00) to account 001- 562-1- 00-33-000-462 Equipment Maintenance ($200.00) to account 001-562- 1-00-33-000-463 Building and Ground Maintenance ($200.00) to account 001-562-1-00-33-000-520 Operating Supplies ($100.00) to account 001-562-1-00-33-000-522 Food and Dietary ($150.00) to account 001-562-l-00-33-540 Books, Publications, & Dues ($36.00). Reason: Overexpenditure.



REPORTS

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the Distribution Traffic/Criminal Cases for August 31, 1982, in the amount of $10,646.41.

CONTRACTS, LEASES & AGREEMENTS/JAIL

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board authorized the signature of the Chairman on the Certificate of Substantial Completion submitted by John Dickerson, Architect, for the plumbing fixture renovation at the Lake County Jail.

CONTRACTS, LEASES & AGREEMENTS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board authorized the Chairman to sign the Agreement for the Community Services Trust Fund Grant.

PURCHASING DEPARTMENT/CLERK

Mr. Watkins informed the Board that Mr. Don Smalt, Administrative Services, would be overseeing the functions of the Lake County Purchasing Department, upon the resignation of Ms. Norma Showley, Purchasing Agent. Mr. Watkins stated that Mr. Smalt would be working with the liaison commissioner concerning the Purchasing Department.

COURTS/CLERK

Discussion occurred regarding changes made by the State regarding the cutback of the witness fees program. Mr. Watkins stated that he would be meeting with the Chief Justice regarding the cutbacks this week, and would report back to the Board regarding the outcome of the meeting.

BIDS/PURCHASING DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved extension of County Bid #002-81-82 for limerock through September 30, 1983 to Dixie Lime and Stone for Maintenance Districts I and II at $2.50/ton and M. J. Stavola for Maintenance District III at $2.40/ton

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved extension on County Bid #004-82 for asphaltic concrete through September 30, 1983, as follows:

Asphalt Pavers - Maintenance Districts I and III, Type I @ $29.50/ton, Type II @ $28.50/ton, and Type III @ $29.50/ton.

Macasphalt, Inc. - Maintenance District II, Type I @ $29.25/ton, Type II @ $26.50/ton and Type III @ $2.75/ton.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved extension on the typewriter maintenance contract through September 30, 1983, with IBM Corporation for IBM typewriters only at $61.00 per year for non-correcting and $69.00/year for correcting typewriters.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved extension on the contract for fire extinguisher service at the current prices with Bee-Saf- Tee Fire Equipment through September 30, 1982.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved a one year extension on the contract for pest control service with Certified Pest Control through September 30, 1983.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved to award County Bid #005- 83 for annual requirements on culvert pipe to Southern Culvert through March 31, 1983.

ACCOUNTS ALLOWED/MOSQUITO CONTROL/PURCHASING

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved to purchase from State Contract a wall mount Emerson Air Conditioner at a cost of $547.00 as a replacement unit in the Mosquito Control Department.

PUBLIC WORKS DEPARTMENT/ROADS, COUNTY & STATE

The Board recognized Mr. Roland Atley, regarding Daisy Lane, requesting that should Mr. Atley bring the referenced road up to County paved road standards, that the Board would accept Daisy Lane under the County maintenance system. Mr. Willett stated it was his recommendation that the Board accept this road when the road is brought up to County paved road standards.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board informed Mr. Atley of their intent to accept Daisy Lane into the County Maintenance System upon completion of improvements and testing by the Public Works Department that the road is built to County paved road standards.

COMMUNICATIONS/PUBLIC HEALTH

Discussion occurred regarding a letter received from Marion County requesting that the Board join the Marion County Commission in urging State and Federal representatives not to provide any further funding and to dissolve the Health Systems Agencies created by Chapter 381, Florida Statute, as amended by Chapter 82-182, known as the Health Facilities and Health Services Planning Act, implementing various federal health laws.

The Board requested the County Attorney's Office to review the letter received from Marion County and, if necessary, contact Marion County, concerning actions legally available to the Board and report back for further action.

APPOINTMENTS/PUBLIC HEALTH

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board appointed Dr. Maurice Berger, M.D., Leesburg, Florida, to the Local Health Planning Council under the provider category; County Commissioner Glenn C. Burhans, under Health Care Purchaser category; and Mr. Albert Elleck under the category of consumer over the age of sixty.

ORDINANCES/LIBRARIES

The Chairman announced that the advertised time had arrived to consider an Ordinance establishing a County-Wide Library System. It was noted that the proper proof of publication was on hand as it had appeared in the September 1 and September 14, 1982, editions of the Sentinel Star, Lake Little Sentinel.

Commr . Deems stated that James Hoskinson, Mayor of Clermont, had requested that action be postponed on this Ordinance until such time as the Clermont Council members could hold a public hearing regarding the Cooper Memorial Library, to be held September 28, 1982.

Discussion occurred regarding amending the Ordinance to allow the County-Wide Library System to be composed of municipal libraries and/or non-profit libraries in order that an interlocal agreement could be drafted directly with Cooper Memorial Library.

Commr . Smoak stated he felt the Ordinance should be amended to specifically address that the system would be a cooperative public County library system rather than implying that the Board of County Commissioners would be operating and administering the system.

It was also noted that section 4 (b) of the proposed Ordinance be amended and the words "Lake County Commission District" be added to clarify the word "district".

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to postpone the Public Hearing to consider adoption of the proposed Ordinance until 1O:OO a .m ., September 29, 1982, at which time a special meeting will be held to consider this Ordinance.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board directed the County Attorney's Office to prepare beforehand, an interlocal agreement with the Cooper Memorial Library to participate in the County-Wide Library System to be considered at the referenced special meeting.

Ms. Mary McMann, Eustis Memorial Library, addressed the Board to express approval of the agreements on the County-Wide Library System.

Mr. Happy Casson, Fruitland Park, addressed the Board, regarding whether or not the Fruitland Park Library had been notified of a County-Wide Library System. Mr. Casson was informed that the Fruitland Park Library had been notified of the previous proceedings regarding a County-Wide Library System.

PUBLIC WORKS/ROADS, COUNTY & STATE/SUBDIVISIONS

Mr. Roy Smartt, Highland Lake Subdivision, addressed the Board regarding allegations of descrepancies in the recorded plat of the subdivision and a map submitted by Mr. Smartt of Highland Lake Subdivision.

Discussion occurred regarding previous action taken on this item and Mr. Smartt was advised that his allegations needed to be pursued through the civil court system and not through the Board of County Commissioners. Mr. Smartt was advised that the Public Works Department was pursuing the possibility of alternate right- of-way for ingress and egress into Highland Lake Subdivision.

Mr. Sanford Minkoff, County Attorney's Office, stated that in a combined effort of the Public Works Department staff and the County Attorney's Office, it had been determined that no violation of the Subdivision Regulations has occurred.

Mr. Minkoff suggested to Mr. Smartt that he contact the Florida Land Sales Board concerning any possible violations that could be pursued through said Board.

Mrs. Molly Goodman addressed the Board asking if it would be legal for her to sell her property and was advised that she could legally sell her property under the recorded plat.

Mr. Willie Smith addressed the Board regarding the right of way required for Highland Lakes Subdivision.

FIRE DISTRICTS/ORDINANCES

Mr. Minkoff stated that through an amendment to the Ordinances creating the fire districts in Lake County, the County has the ability to enable the fire districts to contract with individuals for fire protection outside of the boundaries of the fire district. Mr. Minkoff further stated that sufficient fees would have to be collected so the individuals contracting would be paying for the fire protection services.

Mr. Ted Schaffer, Pasco Fire District, addressed the Board regarding implementation of the collection procedures and a potential problem of increased accounting procedures placed on the fire districts. Mr. Schaffer requested that the Board look at setting a percentage of development which would allow the fire districts to annex areas reaching a certain percentage of development.

Commr. Smoak informed the Board that Robert Lewis, Emergency Services Department, is presently collecting information regarding alternate fire control methods throughout the State of Florida and stated that he had requested information from Tallahassee on county fire districts and how other counties are handling it and stated this information would be available to the other members of the Board.

Dick Siran, Banning Beach Road, Tavares, Florida, addressed the Board regarding the contracting procedure being discussed and Mr. Minkoff explained the procedures of interlocal agreements with cities regarding fire protection in outlying areas.

Mr. Mike Willett, Development and Public Works Director, recommended that Mr. Dan Kotulla, Asst. Planning & Zoning Director, be appointed as a coordinator and instruct Mr. Kotulla to meet with both Mr. Lewis and Mr. Minkoff regarding the formulation of a scope of study to be brought back before the Board during the month of October regarding fire protection in Lake County.

Commr. Smoak stated that it would be helpful to receive input from all fire districts and area cities in addressing the problem of fire protection in Lake County.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board directed the staff designated above to meet to define a scope of study to be brought back before the Board in October, regarding fire protection in Lake County.

FIRE DISTRICTS/RESOLUTIONS

Discussion occurred regarding a request from residents outside the Pasco Fire District to place on the General Election Ballot the question of an extension of the boundary of the Pasco Fire District.

William Kirkpatrick, Florida Farm Bureau, addressed the Board regarding the question before the Board. Mr. Kirkpatrick expressed support of the fire districts when the tax collection is equitably based. Mr. Kirkpatrick expressed the concern over agricultural land with no dwellings being taxed at the same rate as land with dwellings.

Mr. Chris Blanton, President of Lake County Cattlemen's Association, addressed the Board stating no objections to the fire districts: however, that taxation on a straight millage basis was not equitable.

Discussion occurred regarding the possibility of taking action to allow the fire districts to contract with individuals outside of the fire district for fire protection by the district rather than incorporating the extra land into the Pasco Fire District.

It was noted that the majority of the area requested to be incorporated into the Pasco Fire District did not include dwelling units.

Mr. Michael Jonfreo, Melody Hills, addressed the Board commending the members for their work on county wide fire protection.

Mr. Dick Siran addressed the Board and questioned whether the Board could consider adding additional land in their actions of this date to be placed as a question on the ballot. Mr. Minkoff stated that it is the policy of the Board that these requests for additional annexation into a fire district come from the fire district in order to ascertain that the district had the capability to handle the additional fire protection.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board denied the request, by petition of residents, to place on the November General Election Ballot, the question of expanding the boundaries of the Pasco Fire District.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board directed the County Attorney's Office to prepare an amendatory ordinance to allow the County fire districts to contract with individuals within their service area on a fee basis for fire protection to be brought back before the Board for consideration.

Discussion occurred regarding the need to set forth the boundaries of what will be considered the "service area" for each of the fire districts. Commr. Smoak stated that it was his feeling that the fire districts could submit to the Board a map of the boundaries to be considered within their service area.

MUNICIPALITIES/PUBLIC WORKS

Mr. Hall, Vice Mayor of Town of Lady Lake, addressed the Board requesting that the Board allow the Town of Lady Lake to utilize an abandoned clay pit owned by Lake County to drain water into from the Oak Grove Subdivision. Mr. Hall stated the location of the clay pit as being on Route 466 and Landfill Road. Included in this request, should it be granted, was a request that the Board grant permission to lay pipe along the County's portion of Lady Lake Boulevard. Mr. Hall informed the Board that Lake County's portion of Lady Lake Boulevard was an unused road.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board granted permission to the Town of Lady Lake to utilize the abandoned clay pit on Route 466 and Landfill Road and the unused portion of Lady Lake Boulevard for the purpose of pumping flood water into the abandoned clay pit, provided the County Pollution Control Department approves the plans and staff agrees that Lake County has no use for the abandoned clay pit.

RECESS AND REASSEMBLY

At 12:lO P.M. the Board recessed for lunch with each Commissioner lunching individually. The Board reconvened at 2:00 P.M. for the Public Works Agenda.

PUBLIC WORKS AGENDA

ROAD CLOSING - Portion of South Buckhill Road - Petition #294

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

It was noted that the proper proof of publication was on hand and had appeared in the August 31, and September 7, 1982, editions of the Sentinel Star, Lake Little Sentinel edition.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the vacation of a portion of South Buckhill Road #3-2439, for Florida Citrus Growers Corporation, as per Petition No. 294 as follows:

South Buckhill Road (#3-2439) south of Turnpike last 780 feet to a point of intersection with Causey Road (#3-2240).



Discussion occurred regarding an additional portion of the above roadway originally requested to be closed. It was noted that this portion was an improved section. It was the contention of the Board that to abandon an improved roadway the Board would request a trade of the portion to be abandoned with similar valued property. Mr. Minkoff stated the value could be determined by an opinion of value.

ROAD CLOSING - Maryland Avenue #2-2220 - Petition #296

Mr. Richard E. Toole, Petitioner, was present to answer any questions of the Board regarding this Hearing.

It was noted that the proper proof of publication was on hand and had appeared in the August 25, and September 1, 1982, editions of the Sentinel Star, Lake Little Sentinel edition.

It was noted that Mr. Donald Tracy, resident had sent a letter opposing the closing of the roadway.

Mr. Richard Toole addressed the Board stating he would agree to close a smaller portion of the road that did not affect Mr. Tracy.

Mr. Minkoff informed the Board that it was a legal alternative to close a smaller portion of the roadway than was advertised without readvertising.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved vacation of a portion of Maryland Avenue for Richard E. Toole as per Petition No. 296 as follows:

That portion of Maryland Avenue having prescriptive right- of-way along the South line of the NE l/4 of the NE l/4 of Section 31, Township 21, Range 25, also described as having prescriptive right-of-way along the North line of the SE l/4 of the NE l/4 of the aforementioned Section.



ROAD CLOSING - Permission to Advertise - Petition #295

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

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved to advertise that portion of an unnamed street lying between Lots 1 and 4, Block 35 in the unrecorded Plat of Higley, Section 12, Township 18 South, Range 25 East, Lake County, Florida, for Tyre and Hartman, by Robert Vason, Jr., as per Petition #295.

ROAD CLOSING - Permission to Advertise - Petition #297

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

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved to advertise that portion of Fourth Street lying between Lot 1, Block 25 and Lot 4, Block 24, from the south line of Hollinshed Avenue and the north line of Hubbard Avenue located in Section 8, Township 18 South, Range 24 East, Lake County, Florida, according to the Plat of Conant for Samuel J. Possee, as per Petition No. 297.

ROAD CLOSING - Permission to Advertise - Petition #298

Dr. James G. Hull was present to answer any questions of the Board regarding this Petition. Mr. Willett stated that drainage plans were available for the Board's review. Mr. Willett stated that by closing this roadway it would increase the size of two lots sufficiently to allow a building permit to be issued on each lot.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved to advertise portions of Otter and Bay Road in Astor Forest Campsites for Dr. James G. Hull, as per Petition No. 298.

ROAD CLOSING - Permission to Advertise - Petition #299

No one present wished to discuss this Petition with the Board. Mike Willett informed the Board that this request had been brought before the Board approximately four years ago and was denied; however, the staff recommended approval to advertise.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved to advertise that portion of Merrimac Street lying between Blocks 31 and 32, Reeves Subdivision, Sorrento, Florida, as recorded in Plat Book B, Page 75, Orange County, Florida.

SUBDIVISIONS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the preliminary construction plans for Pelican Isle Estates Mobile Home Subdivision.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the preliminary construction plans for Montverde Mobile Home Subdivision, 2nd Addition.

ROADS, COUNTY & STATE/SUBDIVISIONS

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the plans for the acceleration lane for Shenandoah Mobile Home Subdivision.

BIDS/ROADS, COUNTY & STATE

Mike Willett, Director of Development and Public Works, addressed the Board regarding a memorandum from the Public Works Department addressing the Astor Forest Campsites Loop Road. Mr. Willett stated that the property owners of the area have raised $34,000 to date and at the present the County has $28,000 in escrow to bring this road up to clay road standards. Mr. Willett stated it was the recommendation of the staff that the road should be brought up to paved road standards with Lake County paying the difference between the cost of placing clay and paving and a contract be let as soon as possible.

Mr. Willett stated the only other expense to the property owners would be the normal expense of the driveway pipe and stated that this had been discussed during meetings in Astor.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board authorized the Public Works Department to advertise for bids on the paving of the Astor Forest Campsites Loop Road to County paved road standards and based upon studies by the Public Works Department, place this road as number one priority for paving.

Residents of the area in the audience were informed that the road would be brought into the County maintenance system after the paving project was complete.

The Board commended the residents of the Astor area for their efforts in working with Lake County to get this job completed and for their fund raising efforts on behalf of the citizens.

ASSESSMENTS/RESOLUTIONS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board authorized the Chairman and Clerk to sign a Resolution to be prepared by the County Attorney's Office authorizing the issuance of $12,500 of bonds for the balance on the Overton Drive Special Assessment Project.

PUBLIC WORKS/WATER AUTHORITY

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved one-time maintenance for Lake County Water Authority on the road to Cherry Lake Dam in the amount of $1,625.00.

ACCOUNTS ALLOWED/ROAD PROJECTS/FUNDS-GENERAL

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved partial payment to Martin Paving Company for S.R. 42 project in the amount of $22,462.91 from Secondary Funding and authorized the signature of the Chairman and Clerk on the Department of Transportation Transfer of Funds Voucher for same.

ACCOUNTS ALLOWED/POLLUTION CONTROL

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the travel request of Ted Wicks, Pollution Control Director, to attend a meeting at the DER Office to discuss State Fee Schedules on September 29 and 30, 1982, in Tallahassee at a total cost of $75.00.

SIGNS/COMMUNICATIONS/PUBLIC WORKS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board authorized the Public Works Department to post an area oetween Gibson Terrace and Emmett Peters' residence by posting signs prohibiting stopping or parking after dark as requested from the Greater Sunnyside Homeowners Association.

RIGHT-OF-WAY - EASEMENTS/PUBLIC WORKS

Mr. Willett advised the Board of a problem encountered when ditches in Lake County required cleaning and the County does not have easements to the ditches in obtaining a hold harmless agreement each time.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board directed the County Attorney's Office and the Public Works Department to devise a flowage easement that could be used to allow the Public Works Department access to ditches for the purpose of cleaning, to be brought back before the Board for consideration.

RESOLUTIONS/PUBLIC HEALTH

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board directed the County Attorney's Office to prepare a proclamation for the Lake Community Action Agency to be incorporated into their Souvenir Program Book at their Annual Banquet.

CLERK/WELFARE DEPARTMENT

Commr. Burhans stated Eva Knowles, Lake County United Way, had contacted him regarding a one-time relief fund of approximately $6,000 to $7,000 and requested the Board consider authorizing the Welfare Department to qualify and distribute the funds to qualified individuals.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board authorized the Welfare Department to administer the funds and requested that the Clerk's Office provide assistance in ascertaining that the program be set up to comply with all County auditing procedures.

Commr. Smoak voted "NO", stating should the funds for this program not be available through United Way, the possiblity of Lake County being requested to continue funding the program, as well as the increase in the work load of the Welfare Department.

ACCOUNTS ALLOWED/MOSQUITO CONTROL DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request of Philip J. Yoder, Director of Mosquito Control, to attend a Public Health Training Course and Operational Program Review in Tampa on October 3 through 6, 1982, at a cost of $185.00.

ACCOUNTS ALLOWED/CETA

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved a travel request from James Flowers, CETA Director, to attend SETA/DOL conference in Greenville, South Carolina on October 5-8, 1982, to be paid with CETA Administrative Funds.

COMMUNICATIONS/POLLUTION CONTROL

Discussion occurred regrarding a letter from the "Friends of the Wekiva" asking support from the Board regarding designating the Wekiva River as an outstanding waterway. Commr. Windram read the letter to the other members of the Board.

This item was referred to the Pollution Control Department to report back to the Board regarding the effects of the designation of outstanding waterway for consideration by the Board at a later date.

GAME & FRESH WATER FISH COMMISSION/MAINTENANCE DEPTARTMENT

Commr. Carson stated a request had been received from Ed Zager, Game and Fresh Water Fish Commission, to authorize the County Maintenance Department to stain the pier at the Tavares City Park and to authorize the funds to purchase twenty gallons of stain from the Lake County Boating Improvement Funds.

Commr. Burhans moved that the request to utilize the Lake County Maintenance Department personnel to stain said pier and authorization of expenditure of Lake Improvement Account Funds for the purchase of the stain, be denied.

The motion died for lack of a second.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried, the Board approved the request to utilize County Maintenance Personnel and authorized expenditure of Lake Improvement Account Funds for the twenty gallons of stain.

Commrs. Burhans and Deems voted "NO".

Commr. Smoak requested that the prison crew be utilized to apply the stain.

COMMUNICATIONS/WATER AUTHORITY

Commr. Carson reported to the Board his action taken on a letter from Polk County regarding a four county group to unite for action regarding water control. Commr. Carson stated that Mr. Zeb Palmer, Water Resources Coordinator for Polk County, is scheduled to speak to the Board on October 5, 1982, at 3:00 p.m., for a one hour presentation.

ZONING

Commr. Carson stated he had been informed that the representatives of Coca-Cola had requested a thirty day postponement on the hearing by the Planning and Zoning Commission regarding a proposed sprayfield in the Lisbon Area.

AGRICULTURAL CENTER/COUNTY ATTORNEY

Sandy Minkoff stated Dr. Kelly, Lake County Agricultural Center, had requested the services of the County Attorney's Office to set up an education foundation in conjunction with the Agricultural Center. Mr. Minkoff stated that this would require approximately eight to ten hours of work.

Commr. Burhans moved the the Board authorize the County Attorney's Office to assist in the formulation of an education foundation in conjunction with the Agricultural Center.

Commr. Smoak stated he was in support of the idea of an education foundation, but did not feel public monies should be utilized in the formulation of the private non-profit

organization.

The motion died for lack of a second.

PUBLIC HEALTH

Discussion occurred regarding an application from a private concern to the North Central Florida Health Planning Council, Inc., for a Certificate of Need and Necessity for additional psychiatric beds in the Hernando County area.

Commr. Burhans stated that Bert Lacey, Executive Director of Lake/Sumter Mental Health, had met with him this week requesting the Board support the Lake/Sumter Mental Health program in getting the Certificate for Hernando County denied due to additional needs in Lake County which would be affected by the granting of additional beds in Hernando County.

COMMISSIONERS

Commr. Carson turned the chairmanship to Commr. Windram at this time.

PUBLIC HEALTH/CONTINUED

On a motion by Commr. Burhans, seconded by Commr. Carson and carried, the Board directed a letter be written to the proper officials requesting denial of the application for Certificate of Need in Hernando County for additional psychiatric beds.

Commr. Smoak voted "NO", stating earlier a disagreement in taking private industries' rights to compete in any market because a publicly funded organization might have a need in the future.

COMMISSIONERS

At this time the chairmanship was returned to Commr. Carson. COUNTY ATTORNEY

Mr. Minkoff stated that the Board had received an opinion from their office regarding the second gas tax being utilized for maintenance and requested that this opinion be withdrawn until a later date.

COMMISSIONERS/MEETINGS/PLANNING

Commr. Smoak informed the Board that he had met with the officials of the State of Florida, Bureau of Land and Management and officials of Polk County last Wednesday, concerning the Green Swamp Designation of Critical State Concern and stated that Lake County pretty well meets the requirements of the State and they had been requested to supply, in writing, those additional objections they might have, with the intent of bringing to the Board those objections for consideration as to whether Lake County wishes to continue to negotiate terms or whether or not a proposed Ordinance regarding storm water drainage would be sufficient to answer their questions, allowing the Board to consider whether or not to accept back the responsibility for that area.

There being no further business to be brought before the Board, the meeting adjourned at 3:42 P.M.

JAMES R. CARSON, JR., CHAIRMAN

JAMES C. WATKINS, CLERK