A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
OCTOBER 5, 1982
The Lake County Board of County Commissioners met in regular session on Tuesday, October 5, 1982, at 9:00 A.M. in the Board of County Commissioners' Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: James R. Carson, Jr., Chairman; Thomas J. Windram; Claude E. Smoak, Jr. (arrived at 9:08 a.m.); C. A. "Lex" Deems; and Glenn C. Burhans. Others present were: James C. Watkins, Clerk; 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. Burhans.
EDUCATION/RESOLUTIONS
Commr. Carson stated members of the Lake County School Board were present for the Board's consideration of a Resolution adopted by the School Board of Lake County requesting the following question be placed on the November General Election Ballot: Do you favor the non-partisan election of School Board Members and the Lake County Superintendent of Schools in Lake County?
YES NO
Christopher Ford, County Attorney, informed the Board that placing this question on the ballot and receiving a majority of voting population support for non-partisan elections for the Lake County School Board would not have any effect on the Circuit Court decision not allowing non-partisan elections. Mr. Ford stated that legislative action would have to be taken on a State level to allow the non-partisan elections in Lake County.
Mrs. Joan Brown, Chairman of the Lake County School Board, addressed the Board and explained her reasons for wishing this question to be placed on the ballot and informed the Board that the results of this question would be taken to the local
legislative representatives for possible action on the State level. Discussion occurred regarding whether one faction of government should be exempt from the political party system of the United States.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the question submitted by the Lake County School Board regarding non-partisan elections for the School Board Members and Superintendent of Schools be placed on the November General Election Ballot based on the past policy of Board to approve requests from other governmental agencies to place questions on the ballot.
MINUTES
On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board approved the Minutes of September 21, 1982, as amended. Commr. Smoak was not present for the vote.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the Special Minutes of September 21, 1982, as submitted.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the Special Minutes of September 29, 1982, as amended.
PUBLIC HEALTH/RESOLUTIONS
Mrs. Delores Andrejek, Yalaha, addressed the Board concerning their recent action by Resolution to place a question on the November General Election Ballot regarding the funding of sterilization (tubal ligations) by Lake County. Mrs. Andrejek requested that the Board consider the addition of the word "vasectomy" in the question as well as an addition stating how long Lake County had been funding the sterilization.
Mrs. Andrejek was informed that the Board had worded the question with the intent of presenting such question in an unbiased manner. The Board informed Mrs. Andrejek that the County funds had not been utilized for the vasectomies and, therefore, was not included in the question.
PUBLIC WORKS AGENDA
ROADS-COUNTY & STATE/SUBDIVISIONS
Michael Willett, Director of Development and Public Works, addressed the Board regarding a determination of whether the developer of Wolfbranch Estates would be required to pave Bird Road in that Bird Road would not be the primary access road to the subdivision; however the subdivision did have access to Bird Road, which would require the developer to pave said road under the Subdivision Regulations. Keith Shamrock, Developer, was present to answer the questions of the Board.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved that a cul-de-sac be constructed by the developer and said developer provide a sixty foot easement easterly from the cul-de-sac to Bird Road in lieu of the paving of Bird Road, subject to approval of a variance for the cul-de-sac by the Planning and Zoning Commission. Included in the motion was the stipulation that no ingress or egress would occur onto Bird Road from said subdivision.
BUILDING DEPARTMENT/PLANNING DEPARTMENT/SUBDIVISIONS
Mr. Roger Webb addressed the Board regarding a variance of the 1972 Ordinance requiring a 200' setback from the mean annual high water mark on the Wekiva River. Mr. Willett stated that a Building Permit had been erroneously issued by the Building Department for a mobile home presently on the property. Mr. Willett informed the Board that the new dwelling complied with the Flood Plain Regulations.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board authorized the variance as requested based on the fact that a permit had been previously issued in error and staff had no major objection to the dwelling being on this particular piece of property.
ROADS-COUNTY & STATE/SUBDIVISIONS
Mr. J. M. Hastings, Sr., addressed the Board regarding acceptance of Genius Court, Hobby Way and the paved portion of Happy Lane in Hobby Hills Subdivision, 1st Addition, into the Lake County Maintenance System. Mr. Hastings was informed that the County Engineer was in the process of inspecting the drainage prior to acceptance.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved acceptance of the above roads into the County Maintenance System, subject to the outcome of the inspection of the drainage by the County Engineer.
HOSPITALS/BUILDING COMMITTEE/BIDS
Mr. Nick Jones, Architect, presented to the Board for their consideration, the final construction plans for the emergency vehicle and medical examiner's facility. Mr. Jones supplied to the Board a listing of the alternates that were listed on the bid.
Mr. Jones stated an Invitation to Bid had been written by his office for publication. Mr. Jones informed the Board that, in his opinion, the bids should come in within the budgeted amount for the structure; however, should the bid come in over the budgeted amount, the alternates would allow some flexibility.
Mr. Jones stated those bidding on the project would be required to post a bid bond to meet the State Statutes.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the plans and alternates as submitted and authorized advertisement for bids.
Discussion occurred regarding impact fees for utility hook ups and Mr. Jones was informed not to include this item in the bid package.
A bid opening date of October 19, 1982, was determined by the Board and Commr. Carson tentatively scheduled a special meeting to award the bid on Tuesday, October 26, 1982 at 1O:OO a.m. The Board directed the Building Committee to review the bids prior to the award on the 26th of October.
PUBLIC WORKS AGENDA
PUBLIC WORKS/ROADS-COUNTY & STATE
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved a one-time maintenance on Sunnyside Drive Extension for Walter E. Hoffman in the amount of $130.00.
PUBLIC WORKS/SIGNS/MUNICIPALITIES
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the removal of the stop signs on Lakeshore Drive #3-5154 at the railroad crossing in Eustis. It was noted a letter of agreement has been received from the City of Eustis.
DEEDS/ROADS-COUNTY & STATE
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board accepted the right-of-way deed on Radio Road #l-5433 from Harry G. and Claudette B. Griffith.
CONTRACTS, LEASES AND AGREEMENTS/OUTDOOR RECREATIONAL FACILITIES
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized the signature of the Chairman and Clerk on the following Florida Boating Improvement Applications:
1. Jaycee Beach Breakwater and Ramp Renovation
2. Wooten Park Boat Ramp Renovation
3. Herlong Park Boat Ramp Renovation
4. Lake Eustis Recreational Park Boat Ramp Renovation
BONDS - MOBILE HOME
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request of Evelyn K. Speitel - Altoona Area - District #5, to live in a mobile home on the same piece of property on which a conventional dwelling is being built, subject to the proper bond being posted and with the stipulation that the mobile home be removed immediately upon the completion of the dwelling or upon the request of the Board of County Commissioners.
ASSESSMENTS
The Chairman announced that the Public Hearing for Special Assessment scheduled for 10:30 a.m. would be postponed for five minutes until 10:35 a.m.
BONDS - MOBILE HOME (Continued)
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized renewal of Mobile Home Bonds for Michael L. Mayer - Mascotte Area - District #2, and Robert Anderson - Astor Park Area - District #5.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board cancelled Mobile Home Bonds for Dale D. Thornton and Kevin Holmes as the owners do not intend to construct dwelling units at the present time.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board cancelled the Mobile Home Bonds for the following as their conventional dwellings have been completed and the mobile homes removed from the property:
1. Dale Larson
2. James Williams
3. C. G. Phillips
4. Herbert Penley
5. Fred Fleming
6. Jimmy Conner
MUNICIPALITIES/PUBLIC WORKS
Commr. Smoak informed the Board he had been contacted by the Mayor of the Town of Lady Lake regarding the flooding problem in Oak Grove Mobile Home Park. Commr. Smoak stated the Mayor had requested use of the County pump. Discussion occurred regarding the possibility of leasing the equipment to the Town of Lady Lake and including a hold harmless clause in the lease and with the provision should the equipment be needed by the County that it would be immediately returned.
The Chairman announced that this discussion would be
postponed until a later time in order to hear the advertised Public Hearings.
ASSESSMENTS/BIDS
The Chairman announced that the previously postponed time had arrived for the Public Hearing regarding the Special Assessment for Sparks Village. Commr. Carson addressed the audience requesting input from those in opposition to the Special Assessment. It was noted that the proper proof of publication was on hand for the Public Hearing.
Mr. John Haney, Lot 10, Sparks Village, addressed the Board and stated his property was on a corner lot in which one of the roads was to be assessed for improvements. Mr. Haney was informed that since only one of the roads on his corner lot was to be improved, his assessment would be based on the shortest side of the property he owned; for instance, if his corner lot was 100' x 120' then he would be assessed for the 100' side only. It was noted; however, that should the roads on both sides be improved under the Special Assessment the total footage on both sides would be assessed.
It was noted that a letter of objection had been received from Mr. Chester Adams of Gadsen, Alabama in regard to the Special Assessment.
Mr. Jack Irving addressed the Board stating he was also on a corner lot and his objection had been addressed and his question answered.
Ms. Lynn Bell DeWitt addressed the Board and questioned whether Margaret Street would be paved all the way to Alice and was informed it was to be paved all the way to Alice.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board authorized staff to proceed with the Special Assessment procedures for the Sparks Village project.
Those present were advised that should the Board award the bid on this project today, work could begin during the second week in November.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board awarded the bid on the Sparks Village Special Assessment Project to Adams Construction (low bidder) in the amount of $28,764.35.
Those present were advised that the computed cost to the property owner was $2.87 per lineal foot.
ASSESSMENTS/BIDS
The Chairman announced that the Board would now begin the Public Hearing on the Ravenswood Subdivision Special Assessment Project. It was noted that the proper proof of publication was on hand.
No one present wished to voice objection to the Special Assessment Project for Ravenswood Subdivision, specifically the paving of Magnolia and Palm Drive. It was noted that the computed cost to the property owners on Magnolia was $1.58 per lineal foot and the computed cost per property owner on Palm computed to $2.89 per lineal foot.
Mr. Bill Lindall, Ravenswood Subdivision, addressed the Board and stated that on Palm Drive approximately nineteen of the twenty-seven owners were in favor of the special assessment.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board authorized staff to proceed with the Ravenswood Subdivision Special Assessment Project and awarded the bid on said project to Adams Construction Company in the amount of $24,034.85 (low bidder).
Mr. Wallace Parker, Ravenswood Subdivision addressed the Board regarding a potential drainage problem and staff informed Mr. Parker that the drainage had been taken into consideration when the project was bid.
ORDINANCES/ZONING
The Chairman announced that the Board would now consider a
proposed Ordinance creating a Lake County Code Enforcement Board.
It was noted that the proper proof of publication was on hand and
had appeared in the September 15 and 28, 1982, editions of the
Sentinel Star, Lake Little Sentinel.
The Board requested that Section 3, If be amended to read One (1) Mobile home resident, and that Section 3, number 5 be amended by the deletion of the words "for cause" amending the last sentence of to read "The members shall serve at the pleasure of the Board of County Commissioners and may be removed by a majority vote of the Board of County Commissioners".
On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board approved to place the proposed Ordinance on the floor for its first and final reading by title only:
AN ORDINANCE OF THE LAKE COUNTY BOARD OF COUNTY COMMISSIONERS ESTABLISHING A CODE ENFORCEMENT BOARD; THE BOARD'S JURISDICTION TO HEAR AND DECIDE CASES INVOLVING ZONING ORDINANCE 1971-6, SUBDIVISION REGULATIONS 1969, SIGN ORDINANCE 1977-3, SOLID WASTE ORDINANCE 70-1, OR AS AMENDED FROM TIME TO TIME: COMPOSITION: QUALIFICATIONS OF MEMBERS; TERMS OF OFFICE; REAPPOINTMENT; FILLING OF VACANCIES; REMOVALS FROM OFFICE; COMPENSATION; REIMBURSEMENT OF EXPENSES OF MEMBERS; PROVISION OF CLERICAL AND ADMINISTRATIVE PERSONNEL; ORGANIZATION; ELECTION OF OFFICERS; AUTHORITY TO ADOPT RULES AND REGULATIONS; QUORUM; APPOINTMENT OF LEGAL COUNSEL: ENFORCEMENT PROCEDURES; FORMAL HEARING; HEARING PROCEDURES; SUBPOENA POWERS; DECISIONS AND ENFORCEMENT ORDERS; PROVIDING A PENALTY CLAUSE; LIENS, DURATION OF LIEN; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Commr. Burhans voted "NO".
On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board adopted Ordinance #1982-19, as read by title
only on its first and final reading.
Commr. Burhans voted "NO".
Discussion occurred regarding the formulation of the Code Enforcement Board. The Board directed staff to advertise for applications to the Code Enforcement Board to be heard on November 2, 1982, at 3:00 p.m. and directed staff to invite the applicants to attend the Code Enforcement Public Hearings scheduled to begin at 2:00 p.m. on November 2, 1982.
MUNICIPALITIES/PUBLIC WORKS
Discussion continued regarding the request of the Town of Lady Lake to utilize County equipment in order to alleviate flooding problems in the Oak Grove Mobile Home Park. The Board discussed leasing the equipment for one dollar with the stipulation that the equipment be returned to the County on demand should the County require the equipment for another area. The Board was in agreement that a "hold harmless" clause should be included in the lease agreement.
On a motion by Commr. Smoak, seconded by Commr. Burhans the Board moved to enter into a lease with the Town of Lady Lake allowing the Town to utilize County equipment with the lease including a hold harmless agreement and a clause that the equipment would be returned upon demand. It was discussed that the equipment would be picked up and delivered back to the Town by Lady Lake employees.
Commr. Smoak withdrew the motion until officials of Lady Lake could be contacted regarding the specific equipment needed to alleviate the problem.
The Board agreed that a member of the Public Works staff be designated to supervise the project and that any equipment be returned in the condition in which it was leased.
Discussion regarding this item was postponed until such time as Commr. Smoak could contact Lady Lake officials and report back to the Board.
BONDS
On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board approved the following Contractor Bonds and cancellations of Contractor Bonds:
867-3 M. Eugene Evens d/b/a Dixie Septic Tank Co.
1270-83 John P. Owens, Jr. d/b/a Dalton & Owens Electrical Services
3070-83 Donald L. Watson d/b/a Watson's Air Cond. & Heating
0018-83 Harry Mielke - General Contractor
3065-83 William Kehoe - Electrical Contractor
1414-83 Gibson Electric, Inc. - Electrical Contractor
1749-83 Kenneth Wolfe - Mobile Home Contractor
1022-83 Harry Showers - Concrete Contractor
0077-83 Sam Thompson d/b/a Thompson Electric Co.
0085-83 Triangle Terrazzo & Tile, Inc.
0095-83 Stephen C. Vaughn - Roofing
0190-83 Paul J. Gosnell - Remodeling
0302-83 W. 0. McDermid d/b/a Clifton Consolidated-Electrical
0370-83 Robert W. Harper d/b/a Harper Plumbing & Heating Co.
1052-83 David D. Harrison - Electrical
1284-83 George Dougherty d/b/a Dougherty & Williams-Mechanical
1465-83 Curtis Kinney - Specialty Heating & Air
1652-83 4 Seasons Air Cond. & Heating Inc. - Kenneth Hastings Mechanical
1837-83 Douglas E. Scott - General
1895-83 Roy S. Blodgett - Mechanical
1935-83 Robert Griffith d/b/a Seminole Masonry
2023-83 Thomas C. Codding - Air Conditioning & Heating
3030-83 Paula Kinney - Specialty Heating & Air Conditioning
3038-83 Kenneth Genton d/b/a S & M Electric, Inc
3050-83. Frank F. Moynihan - Electrical
3072-83 Larry A. Stanley - Aluminum Contractor
Cancellations
1377-78 Michael Stensrud
1907-80 D. H. Yale - General
Commr. Smoak was not present for the vote.
LICENSES AND PERMITS
On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the Board approved the following applications for Concealed Weapons Permits and Bonds and approved the following cancellation:
Renewals
William C. Birr Thomas Poole
Joseph H. Nollette John Higgins
Lillian B. Roggelin Tommy L. Hayes
Frederick C. Smith
Cancellation
Ken Bradley (Upon request of Bonding Company and Mr. Bradley)
Commr. Smoak was not present for the vote.
ACCOUNTS ALLOWED
On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board approved payment of Warrant #27177 through.#27573 for election poll workers and payment of Warrant #27574 through Warrant #27907 for the following accounts:
General Revenue Fine and Forfeiture
County Transportation Trust Revenue Sharing
Mosquito Control Aquatic Weed
N.E. Hospital Section 8
CETA COR Buildings
Nursing Home Landfill
Included in the motion was approval to pay Warrant #27908
through Warrant #27990 for the following accounts:
General Revenue Fine and Forfeiture
County Transportation Section 8
Special Assessments
Commr. Smoak was not present for the vote.
INDIGENTS
On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board approved payment of the following indigents:
ADD
Clar-Elen Mobile Park for Danny Griffin - $50.00/September
Atlantic Bank for Annie Pearl Wright - $50.00/September
Laconia Cliffin for Abraham Vinson - $50.00/0ctober
Martha Wilkins for Johnny Chavis - $50.00/0ctober
Fay Shimel for Kenneth Smith - $50.00/0ctober
Higley Investments for Donna Webster - $50.00/September
Marvin Batt for Robert Boundy - $50.00/0ctober
CANCEL
Dennis Ross for Marilyn Robataille - $50.00/September
Dan Bozeman for Roberta Morris - $50.00/September
Commr. Smoak was not present for the vote.
REPORTS
On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the Board acknowledged receipt of the Distribution of Traffic/Criminal Cases for the weeks ending September 17, 21 and 24, 1982, in the amounts of $12,180.53, $16,308.92 and $8,112.73, respectively.
Commr. Smoak was not present for the vote.
BUDGET/TAX COLLECTOR
On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board acknowledged receipt of the Department of Revenue notification of approval of the 1982-83 Tax Collector's budget.
Commr. Smoak was not present for the vote.
BUDGET
On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board acknowledged receipt of the Southwest Florida Water Management District 1982-83 Budget.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board acknowledged receipt of Resolutions from the St. Johns River Water Management District and the Southwest Florida Water Management District adopting the 1982-83 fiscal year budget and adopting millages for Lake County and Basin millages.
Commr. Smoak was not present for the vote.
REPORTS
On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board acknowledged receipt of the monthly board packet from the Lake Community Action Agency.
Commr. Smoak was not present for the vote.
MUNICIPALITIES/PUBLIC WORKS
Commr. Smoak informed the Board that through discussion with Mayor Jones of the Town of Lady Lake it was determined that Lady Lake was requesting both the pump and pipe. Commr. Smoak stated that the attorney for the Town of Lady Lake would be preparing the lease agreement and submitting it to the County Attorney's Office for their review.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board authorized the signature of the Chairman on the equipment lease with the Town of Lady Lake, with the following stipulations being included in the lease:
1. That a hold harmless clause be included in the lease.
2. That the City of Lady Lake pick up and return the equipment to the County in similar condition.
3. That the Town of Lady Lake release to the County the equipment upon the request of the County.
4. That the equipment be operated under the direction of the Public Works Department.
Included in the motion was that the picking up of the equipment, installation and return would be accomplished by Town of Lady Lake employees.
COMMUNICATIONS/RESOLUTIONS
Mr. Bert Loeb, Deputy Director for Planning and Development of Redlands Christian Migrant Association, addressed the Board requesting the Board indicate support of a Headstart Infant Child Care Center for the Groveland-Mascotte area by the adoption of a Resolution. Mr. Loeb stated that this Resolution was required under the Florida State Community Improvement Act of 1980 by the Department of Community and Veteran Affairs in order to qualify the project.
Mr. Loeb gave a brief presentation and history of the Red- ands Christian Migrant Association and explained to the Board the interaction of the Association with the Department of Health and Rehabilitative Services and other present agencies in the area. Mr. Loeb stated that it was likely that the RCMA would be requested to operate the proposed daycare facility outside of Mascotte. Mr. Loeb stated that matching funds were provided by the Association and the only type of support the Association might request from the County Commission in the future would be in-kind services and this was not in the foreseeable future.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board postponed this item until such time as Mr. Loeb could meet with the City Officials in Groveland and Mascotte in order that they could endorse the program through a Resolution to be submitted to the Board.
COMMISSIONERS/HOSPITALS
Commr. Carson informed the Board that he had received, on behalf of the Board, a plaque from Leesburg Regional Medical Center, expressing appreciation for assistance in securing superior health care services for the residents of Lake County. Commr. Carson stated the plaque had been received at the dedication of the Northwest Ambulance District administered by the Leesburg Regional Medical Center.
GAME & FRESH WATER FISH COMMISSION/OUTDOOR RECREATIONAL
FACILITIES
The Board addressed a letter received from the Florida Game and Fresh Water Fish Commission regarding a proposed rule for special regulations for the Lake Dalhousie public boat ramp stating in part "any activity not involved with launching of boats is specifically prohibited". It was noted that Sheriff Griffin had been copied on the proposed rule; however, no response had been received.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board directed that the Game and Fish Commission be advised, in writing, of the Board of County Commissions' concurrence with their proposed rule regarding Lake Dalhousie, #39-EER-82-6.
RECESS & REASSEMBLY
At 11:45 a.m. the Chairman announced the Board would recess for lunch with each Commissioner lunching individually and would reconvene at 2:00 p.m. for the Code Violations Agenda.
CODE VIOLATIONS
ZV-82-81 - Bobby Gamble
No one present wished to discuss this case with the Board.
The Board was advised by staff that Mr. Gamble was not presently in violation; however, the request was that if the violation occurs again that it be immediately forwarded to the County Attorney's Office for action. The Board was informed that Mr. Gamble had been found in violation on numerous occasions, would clear the violation and then come into violation again in a very short time.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board authorized the Code Enforcement Staff to turn any future violation over to the County Attorney for Court action.
ZV-82-85 - Ruby Sheets
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board found Mrs. Sheets in violation of Ordinance 1970-1, Section 2, and granted her thirty days to comply. A case history was submitted for review by staff with a request that this case be turned over to the County Attorney. No action was taken on this request.
ZV-82-86 - William Siebert
No one present wished to discuss this case with the Board.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board found Mr. Siebert in violation of Ordinance 1970-1, Section 2 and granted him thirty days to comply.
ZV-82-87 - Billie Joe Clay
No one present wished to discuss this case with the Board.
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board declared Mr. Clay in violation of Ordinance 1970-1, Section 2, and granted him sixty days to comply.
ZV-82-90 - Neal Smith
Jerry Sexton, Planning and Zoning Coordinator, informed the Board that on this particular case Mr. Smith is not able to obtain a building permit due to the fact that the office is a mobile home that has not been State approved.
Mr. Smith addressed the Board regarding this violation and and apprised the Board of a problem he was encountering regarding water washing out land on his property with said water coming from County Road 452. Mr. Smith stated he did not feel the location of his office was detrimental to any other person and the person turning in the violation was doing so for personal reasons.
Mr. Sexton informed the Board he had discussed with Mr. Smith the alternatives of bringing the structure up to commercial standards and filing site plan or rezoning the property; however, even with the rezoning the building would have to be expanded to meet the square foot requirements.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board postponed this case for thirty days to be heard on November 2, 1982, at 2:00 p.m. or as soon thereafter as possible.
ZV-82-94 - James W. Moore
No one present wished to discuss this case with the Board.
Mr. Sexton stated he had heard from Mrs. Moore on this date and she had requested sixty days to comply.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board found Mr. Moore in violation of Ordinance 1970-1, Section 2, and granted him sixty days to comply.
CONTRACTS, LEASES & AGREEMENTS/FIRE DISTRICTS
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board authorized cancellation of Addendum #3 to Cooperative Lease Agreement between Paisley Fire District and the Division of Forestry.
COUNTY PROPERTY
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board authorized deletion of the following items from the fixed assets list:
Property # Department Item Amount
1338 Nursing Home Adding Machine $144.35
3318 Public Works Alma Bookcase 35.00
6239 Surplus T.I. Calculator 139.00
7212 Maintenance Flymo Lawn Mower 190.00
PURCHASING DEPARTMENT
On a motion by Commr. Burhans, seconded by Commr. Smaok and carried, the Board authorized the purchase of a water cooler for the entrance area of Purchasing and Personnel Departments in the amount of $218.27.
Commr. Deems was not present for the vote.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board awarded the 1982-83 communication equipment maintenance contract to James D. Cain (low quote) in the amount of $6,138.00.
PUBLIC HEALTH
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board authorized the Chairman to sign the admission of Larry Stover to the A. G. Holley State Hospital.
PURCHASING DEPARTMENT
Mr. Watkins informed the Board that Mr. Donald Smalt would be working with the liaison Commissioner of the Purchasing Department, Commr. Smoak, regarding possible changes in the Purchasing Policy Manual. Mr. Watkins stated that any changes would be brought to the Board at a later date.
ACCOUNTS ALLOWED/CETA
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board authorized travel for James Flowers,.CETA Director, to attend the NACO Annual Employment Policy Conference in Los Angeles November 20-24, 1982, with expenses to be paid with CETA Administrative Funds.
ACCOUNTS ALLOWED/MOSQUITO CONTROL
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board authorized travel for Mosquito Control employees to attend the 6th Annual Meeting of Florida Aquatic Plan Management in Orlando, Florida in the amount of $45.00 per employee.
FAIRGROUNDS/MEETINGS
Commr. Smoak reported on a public meeting regarding the Lake County Fairgrounds, held September 23, 1982, and stated a list of project priorities will be compiled including the cost factors involved to come back before the Board with a recommendation regarding capital improvements and maintenance costs at the Fairgrounds for the Board's consideration.
WATER AUTHORITY
Commr. Smoak reported that the Regional Planning Council had approved a one month extension of the Upper Palatlakaha River Basin Study and a final draft of the report would hopefully be available by the end of October. Commr. Smoak requested time be set aside for a public hearing to consider the results of the three year study during a November Board meeting.
ACCOUNTS ALLOWED/HEALTH DEPARTMENT/MAINTENANCE DEPARTMENT
Commr. Deems reported that the Building Committee had received a quotation on the replacement of the windows at the Umatilla Health Department in the amount of $5,890.
Commr. Deems stated the Maintenance Department would be providing quotes on the addition of a hallway at the Health Department and that quotes would be obtained for carpeting the lobby.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board authorized the expenditure, not to exceed $5,890, for the replacement of the windows and authorized the Building Committee to proceed with the other items as necessary. The Board was informed that the Building Committee was considering using Maintenance Personnel on the replacement of the windows, if possible.
Commr . Burhans directed the Building Committee to insure the necessary permits for the job from the City of Umatilla were obtained.
CONTRACTS, LEASES & AGREEMENTS/NURSING HOME
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board authorized signature on the contract between Lake Memorial Nursing Home and Leesburg General Hospital for transfer of patients, the contract between Lake Memorial Nursing Home and Durham Young Clinic, Inc. for laboratory services, the contract between Lake Memorial Nursing Home and Dr. Pasquale Nuzzo, M.D., for the services of Medical Director, and the contract between Lake Memorial Nursing Home and Dorothy Monroe for Dietician services for the nursing home. It was noted that the contract with Dorothy Monroe had been increased to $15.00 per hour worked.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the release of $155,000 to the Sheriff's Department for Account 640 (Machinery & Equipment) provided such funds are available, as requested in Sheriff Griffin's memorandum dated September 27, 1982.
WATER RESOURCES
Mr. Zeb Palmer, Water Resource Coordinator for Polk County, addressed the Board to make a presentation regarding the feasibility of a four county water supply authority. Mr. Palmer stated that no concrete plans had been adopted and at present Polk County is only conducting a feasibility study and is requesting Lake County inform them of any interest in this feasibility study.
Mr. Palmer gave background information on Polk County's studies up to the present time regarding a regional water supply authority. Mr. Palmer stated the formulation of a regional water supply authority between Counties not presently members of a water supply authority could give the Counties standing and recognition on a State level in competition for water. Mr. Palmer stated that in forming a regional water supply authority, the Counties would be relating that they are going to solve their internal water supply problems with the resources that they have available within said Counties. Mr. Palmer stated that an independent county standing alone that there is nothing to prevent an adjacent county from coming in, buying land, forming a well field and if permits are issued by the appropriate water management district, the water could be sent out of the County.
Mr. Palmer stated that should the counties form a water supply authority that was State sanctioned, they might have more protection than standing alone; however, there were no guarantees that forming or becoming a member of a water supply authority is going to prevent any water from being developed and sent out of the region. Mr. Palmer stated the authority would be implemented through interlocal agreements between the participating counties which would set forth the rules of operation of the authority. Mr. Palmer further stated that the purpose of the authority, by law, would be to develop, transmit, process and sell potable water to municipalites and county water supply systems within the area of membership and the water supply authority cannot sell to agricultural interests or industrial interest, but only to an existing municipal distribution system. Once the interlocal agreements were drawn and agreed upon by the participating counties, a justification would be drawn up and submitted to the Department of Environmental Regulation in Tallahassee for consideration of an order to implement the authority. Mr. Palmer stated his interpretation of the law governing water supply authorities was although a County is a member of an authority the County could implement its own water supply system separate from the authority.
Mr. Palmer explained the common resources shared by the Counties of Polk, Highlands, Lake and Osceola and submitted to the Board basic data of Counties who might be interested in forming an authority, a sample budget of a proposed regional water supply authority and funding options of such an authority.
Mr. Palmer stated that Polk County Commissioner Ernie Caldwell would welcome any phone calls from the Board to speak with him regarding the proposed water supply authority.
Mr. Palmer reported to the Board the progress of an authority consisting of Pinellas, Pasco and Hillsborough Counties and stated that they own well fields, tranmission lines, pumping facilities, treatment facilities and sell water to a number of municipalities and County distribution systems. Mr. Palmer also reported briefly on the other two water supply authorities.
The Chairman thanked Mr. Palmer for the presentation and acknowledged those present in the audience for the presentation.
COMMUNICATIONS/RESOLUTIONS
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized signature on a Proclamation requested by the Florida State Employment Service designating the week of October 3-9, 1982, as "Employ The Handicapped" Week in Lake County.
APPOINTMENTS/MENTAL HEALTH
Discussion occurred regarding a letter from District III Mental Health Board informing the Board that Reverend Terry Jackson's term would be expiring December 31, 1982. Commr. Deems stated that Reverend Jackson would not accept reappointment but would be submitting recommendations to the Board.
WATER RESOURCES/COMMUNICATIONS/POLLUTION CONTROL
The Board discussed a memorandum from Ted Wicks, Pollution Control Director, regarding the letter requesting support of the Board for the "Friends of the Wekiva" in the proposed designation of the Wekiva as an outstanding waterway. This item was postponed until further research could be conducted by Mr. Wicks and Commr. Windram was authorized to correspond to this request that action would not be taken until a later date.
WATER RESOURCES
The Board authorized the Chairman to correspond with Polk County Officials of Lake County's interest in the feasibility study of a multi-county water supply authority. The Board directed the County Attorney to copy the Commissioners on the appropriate Florida Statutes regarding water resources
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Smoak, seconded by Windram and carried unanimously, the Board approved an expenditure not to exceed $1,951.50 from the forfeiture account to erect a fence at the vehicle compound adjacent to the vehicle maintenance barn in Eustis. Commr. Carson stated he would speak with the Sheriff's Department regarding the possibility of utilizing the Purchasing Department to obtain quotes on this fence.
PLANNING DEPARTMENT/COUNTY ATTORNEY
Discussion occurred regarding whether or not another County was obligated to conform with Lake County Zoning Regulations in the requirement of a Conditional Use Permit in using treated effluent in a grove irrigation system in which a portion of grove land was located in Lake County.
The Board directed the County Attorney's Office and Public Works Staff to research this item to report back to the Board at a later date.
PUBLIC WORKS
Discussion occurred regarding the flooding problems occurring in Orange Blossom Gardens. Mr. Willett stated that the developer had informed residents that he had no plans to alleviate the situation.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized Michael Willett to offer to the developer of Orange Blossom Gardens the option of leasing County equipment to pump the water under the same conditions as this equipment is being leased to Lady Lake officials in that pick up and delivery of the equipment and laying of pipe would be at the developer's expense; a hold harmless clause would be included in the lease; and the equipment would be returned to the County on demand when deemed necessary by Lake County.
Discussion occurred regarding development and alterations in other areas of Orange Blossom Gardens and the possibility of this additional development adversely affecting the portions of the Orange Blossom Gardens regarding the flooding problem.
The Board directed the County Attorney's Office to research and report back to the Board a legal opinion on restricting further development in Orange Blossom Gardens until such time as this problem is alleviated.
MUNICIPALITIES/PUBLIC WORKS/RESOLUTIONS
Mr. Willett stated two cities and the Clermont Chamber of Commerce had expressed concern that the question to be placed on the ballot regarding the 9th cent gas tax did not include that the cities would receive fifty percent. Commr. Carson stated the ballot question did include the word cities but did not specify fifty percent.
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board authorized Michael Willett to correspond with all the cities in Lake County outlining that the cities would receive 50% of the funds from the 9th cent gas tax with the 50% being divided between the cities on a population basis. Mr. Willett was also directed to send each city a copy of the Resolution with the question on the ballot.
CONTRACTS, LEASES & AGREEMENTS/TAX COLLECTOR
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized the Chairman's and the Clerk's signature on the lease with the estate of Quentin Quattlebaum for office space in Leesburg for the Tax Collector as discussed in previous meetings.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board authorized the signature of the Chairman and Clerk to renew the lease on the space in Lake Hills Plaza in Eustis. It was noted that there had been an increase of $50.00 per month and the lease was for a two year period with an option to renew for two additional years.
EDUCATION/RESOLUTIONS
On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board authorized the signature of the Chairman and Clerk on the Resolution approved earlier in the day to place the question of non-partisan school board members and superintendent elections on the November General Election Ballot. Mr. Ford stated that the title had been deleted from the Resolution submitted by the School Board on the request of Mrs. Stegall, Supervisor of Elections.
Commr. Smoak noted that he was opposed to the question but agreeable to moving the Resolution as submitted.
Commr. Burhans was not present for the vote.
There being no further business to be brought before the Board, the meeting adjourned at 4:31 p.m.
JAMES R. CARSON, JR., CHAIRMAN
JAMES C. WATKINS. CLERK
CBR/lO/7/82