A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

OCTOBER 19, 1982

The Lake County Board of County Commissioners met in regular session on Tuesday, October 19, 1982, in the Board of County Commissioners Meeting Room, Courthouse, Tavares, Florida. Commissioners 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. Other present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Cathy B. Roy, Secretary.

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

MINUTES

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the Minutes of October 12, 1982, as amended.

FINANCE DEPARTMENT/RESOLUTIONS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the Resolution authorizing the wire transfer of State Revenue Sharing Funds and the authorization for the Department of Revenue to deduct the cost of the wire transfer from the amount received from the transfer.

BIDS/PURCHASING

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board awarded Part I of the Automotive Parts Bid #060-001-83, to Baas Auto, Leesburg, Florida, as low bidder.

Discussion occurred regarding Part II of the above bid regarding batteries and this item was postponed for clarification by Mr. Smalt regarding whether or not the low bidder had a local outlet as they were an Orlando firm and concern was expressed regarding the cost of traveling to Orlando to pick up batteries.

BONDS/COMMISSIONERS

On a motion by Commr. Burhans, seconded by Commr. Windram and carried, the Board authorized signature of the Public Official Bond for Commissioner C. A. "Lex" Deems, as Commr. Deems is running unopposed. Commr. Deems abstained from discussion and vote on this item.

LICENSES AND PERMITS

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

carried unanimously, the Board approved the following concealed

weapon permits and bonds:

New Permits

Jerry D. Cole Marsha L. Johnson

Del Clemens

BONDS

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

New

#1066-83 - Jack P. Bratton - Electrical

#1200-83 - James David Bass - Plumbing

#1501-83 - Wayne Rabe & Jimmy Glenn Miller d/b/a Wayne Construction - Swimming Pool Contractor

#1776-83 - Elex R. Scroggins d/b/a Amber Elec., Inc. - Electrical

#3058-83 - John F. Barnhart - Electrical

3076-83 - Micakah Paulk Young III, d/b/a Prestige Electric Co. of Florida, Inc. - Electrical

Cancellations

#1632-78 - Robert R. Tyre d/b/a Al Tyre & Son Electric Co. Electrical

ACCOUNTS ALLOWED/INDIGENTS

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved to pay Warrant #27991

through Warrant #28189 for the following accounts:

General Revenue N.E. Ambulance

Fine & Forfeiture N.W. Ambulance

County Transportation Trust Section 8

Revenue sharing Law Enforcement Trust Fund

Mosquito Control CETA

Aquatic Weed COR Buildings

N.E. Hospital Nursing Home

Landfill

Included in the above motion was approval to pay the following indigents:

Approve

Benny R. Hardy for Carolyn Sue Russell - $50.00 for October

Viola Hobbs for Nathaniel Armstrong - $50.00 for October George Hildebrand for Douglas Van Sant - $50.00 for October Springtree Apartments for Ronald K. Embree - $50.00 for October

Pauling-0-Kelley, Inc. for Juanita Billings - $50.00 for October



CHECKS RECEIVED/CLERK

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of Check #5788 in the amount of $135,401.69, from James C. Watkins, Clerk for excess fees for the year ending September 30, 1982.

REPORTS

On a motion by Commr. Windram seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of the Traffic/Criminal cases for the week ending 10/08/82 in the amount of $7,963.31.

REPORTS/PROPERTY APPRAISER

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the year end report from Ed Havill, Property Appraiser, for the year ending September 30, 1982.

REPORTS/TAX COLLECTOR

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the year end report for T. Keith Hall, Tax Collector, for the year ending September 30, 1982.

CHECKS RECEIVED/CLERK

On a motion by Commr. Windram, seconded by Commr. Burhans and carried, the Board acknowledged receipt of a check in the amount of $200.26 for unclaimed monies from tax deed #657, John V. Couder. Commr. Deems was not present for the vote.

BIDS/PURCHASING

Mr. Donald Smalt, Administrative Services Director, addressed the Board regarding the bid of Chloride, Inc., on Part II of Bid #060-001-83, Batteries. Mr. Smalt stated that Chloride, Inc. would have a vehicle deliver County orders on a weekly basis and should they require additional service, Chloride, Inc. would deliver.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board awarded Part II of Bid #060-001- 83, Batteries to Chloride, Inc. of Orlando, low bidder.

CETA DEPARTMENT

Mr. James Flowers addressed the Board regarding CETA replacement legislation and stated last week the President signed into law the Job Training Partnership of 1982 that will replace current CETA Legislation effective October 1, 1983. Mr. Flowers explained that the Governor of each state, after receiving recommendations from the State Job Training Council, divides the state into Service Delivery Areas. Mr. Flowers stated that the following areas have the automatic right to receive independent designation rather than being merged into a statewide or multijurisdictional area:

1. Any unit of general local government with a population of 200,000 or more;



2. Any consortium of contiguous units of local government which serve a substantial portion of a labor market area and has an aggregate population of at lease 200,000; and



3. Any rural Concentrated Employment Program (CEP) grantee which served as CETA Prime Sponsor.



Mr. Flower submitted for the Board's consideration, several alternatives of a consortium of area counties to develop a service delivery area and offered the following options the Board could consider:

1. Allow the Governor to determine the Service Delivery Area with which Lake County will be affiliated (probably either merge with a state-wide group, or with a larger county).



2. Request an independent Service Delivery Area status for Lake County only, and hope the Governor grants the request.



3. Form a consortium of at least 200,000 population with smaller neighboring counties, and exercise the automatic right to request and receive independent status.



Discussion occurred regarding a consortium with Sumter County bringing the population to almost 150,000 and applying for a independent status. Mr. Flowers stated the consortium alternative submitted which he recommended was a consortium of Lake, Sumter, Hernando and Citrus. It was noted that Community Action Agencies in Sumter and Hernando Counties were presently administering those Counties' CETA programs.

The Board discussed any responsibilities the County could incur regarding past disallowances from other programs should Lake County enter into a consortium. Chris Ford, County Attorney, stated he did not feel the County would be liable for the past disallowances; however, this would have to be researched further.

The possibility of applying for an independent status based on the history of the Lake County CETA Department was discussed and although the population did not reach 200,000, as required, Mr. Ford stated that this possibility should be considered. Mr. Flowers stated that the decision to allow Lake County an independent designation would be the choice of the Governor; however, without the 200,000 population it would be likely that Lake County would be merged with another group.

Mr. Flowers stated that should Lake County be grouped with other counties, the governing body would be representatives from each of the counties involved with representation most likely based on population.

Mr. Ford suggested that James Watkins and James Flowers contact adjoining counties regarding interest in forming a consortium and further suggested that the Board contact the Governor's Office after November regarding the feasibility of obtaining an independent status.

Discussion occurred regarding contacting counties in the Fifth Judicial Circuit, Sumter County, Citrus County and Hernando county.

The Board authorized Mr. Watkins and Mr. Flowers to contact Sumter County regarding a consortium as Sumter County being contiguous to Lake County, it would be required that Sumter County officials have an interest prior to contacting other counties.

ORDINANCES/ZONING/BONDS

The Chairman announced that the advertised time had arrived to consider an Ordinance amending the Zoning Ordinance regarding Mobile Home Bonds. Jerry Sexton, Planning and Zoning Coordinator, explained that the Ordinance would amend the requirement that a mobile home bond be acquired in every case that a conventional dwelling is being built on the same piece of property. Mr. Sexton stated that the Ordinance would amend that mobile homes in Agricultural Zoning, RA Zoning or R-l-5 Zoning would not be required to obtain a mobile home bond if the mobile home met the zoning requirements.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to amend the proposed Ordinance, Section A, Subsection 1, Section b, to read as follows:

b. That the mobile home will be removed from the premises within thirty days after the completion of the residential structure or when any provisions hereof have been violated.



Mr. Sexton stated should the mobile home not be removed, the owner would then be in violation of the County Zoning Ordinances and would be cited with a Code Violation.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved to place the proposed Ordinance 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 AMENDING SECTION 70.381; USE OF MOBILE HOMES IN LAKE COUNTY TO INCLUDE PROVISIONS FOR CHANGING THE BOND REQUIREMENTS WHILE USING A MOBILE HOME FOR TEMPORARY OCCUPANCY DURING THE CONSTRUCTION OF A RESIDENCE; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE.

It was noted that the proper proof of publication was on hand as it had appeared in the Sentinel Star, Lake Little Sentinel, edition on October 1 and October 12, 1982.

Mr. Don Gitt, Mid Florida Lakes, addressed the Board regarding the proposed Ordinance and Commr. Burhans explained the Ordinance to Mr. Gitt. Mr. Gitt stated he had no objections to the Ordinance.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board adopted Ordinance #1982-20, as amended, as read by title only on its first and final reading.

MEETINGS/PUBLIC HEALTH

Comnr. Burhans informed the Board that the first meeting of the Local Health Planning Council has been scheduled for October 25, 1982, at 1:00 p.m. to 9:00 p.m. in Gainesville. Commr. Burhans stated that this would be an organizational meeting.

COMMUNICATIONS/PUBLIC WORKS

Commr. Carson stated that he had received a letter of thanks from the Orange Blossom Gardens Property Owners Association for Lake County's help in the recent flooding problems in the mobile hone park.

MEETINGS

Commr. Carson reported on the annual convention of the State Association of County Commissioners which was held last week. Connr. Carson stated that one of the speakers present discussed the additional one cent sales tax. Conmr. Carson stated that no estimates were given on returns from the sales tax resource; however, the speaker had stated it was his feeling that the State would have to consider additional cuts in the spending program as a result of income from sales tax sources being less than anticipated. Commr. Carson informed the Board that in conversation with the speaker regarding Lake County's position taken on the sales tax that Lake County should not be adversely affected as Lake County has only budgeted to receive 10/12ths of the estimated sales tax.

ACCOUNTS ALLOWED/AGRICULTURAL CENTER

Mr. John Kennedy, representing the Citrus Advisory Committee of Lake County, addressed the Board regarding a proposal submitted to the Board earlier regarding Lake County Growers Computer Network. Mr. Kennedy gave a brief introduction and background of the Lake County Growers Computer Network, more commonly known as the "Weather Watch". Mr. Kennedy informed the Board that should they approve the proposal submitted, this network of information that could become available was unlimited.

Mr. Kennedy stated that the proposal was requesting an appropriation of $5,000.00 by Lake County to purchase additional computer equipment to allow growers with an access computer in their offices to access the Agricultural Center Extension computer by phone.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved a transfer of $5,000.00 from Contingency to be made available to the Agricultural Center for the equipment requested.

Dr. Earl Kelly, Agricultural Center Extension Director, introduced to the members of the Board Mr. Frances Ferguson, Computer System Analyst at the Lake County Agricultural Center.

ACCOUNTS ALLOWED/EMERGENCY SERVICES

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the travel request of Robert Lewis and Joe Stephany, Emergency Services, to attend a fall conference of the Florida Civil Defense from November 9-12, 1982, at a cost of $314.00 per person.

RECESS AND REASSEMBLY

The Chairman announced at 10:50 A.M. that the Board would recess until 11:30 A.M.

APPOINTMENTS/LIBRARIES

Barbara Landwehr, Assistant Planner, addressed the Board regarding a memorandum sent to the Board members containing an update on the progress of the Countywide Library System. Ms. Landwehr reported to the Board what action had been taken since the County-wide Library System had been adopted. Ms. Landwehr reported that the state funds to the County would be received in two payments, one at the end of December and the second in April. The Board was informed that in order for the money spent by the participating libraries to be included in the total budget figure upon which state operating grants are computed, the money must pass through a central unit. Ms. Landwehr requested that the Board authorize the mechanism be established for the central distribution of funds in order to allow said funds to be considered as matching funds.

Ms. Landwehr informed the Board that librarians from the three local libraries who have contracted to provide county- wide services have been gathering information, consulting librarians currently involved in county-wide systems and putting together suggested library system policies and procedures. Some of the items research were outlined in the memorandum submitted to the Board.

Ms. Landwehr requested that the Board appoint members to the Library Board as soon as possible in order to schedule organizational meetings.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved appointment of the following persons to the Library Board:

1. Dale Matthews, Cooper Memorial Library

2. Brenda vonHartmann, Representative for the Board of

County Commissioners

3. Eloise Fisher, Representative from the City of Eustis

4. Franklin Hatfield, Representative from District Five

5. Carlton Downing, Representative from District Two

Included in the motion was authorization for Commrs. Windram and Carson to appoint members to be confirmed by the Board at a later date.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board recognized the work completed by the local librarians and appointed the librarians as an advisory board to the County Library Board; appointed Mary McMann, Eustis Memorial Library, as interim library coordinator: authorized the Clerk of the Circuit Court to work with the participating Cities and local library boards in developing a central disbursement procedure for budgetary purposes and record keeping system and to work on a central purchasing system for the County-wide Library System.

The Board recognized and expressed appreciation for the extensive research and background work done by the librarians in visiting other Counties who have a county-wide system and preparing suggested library system policies and procedures.

RECESS AND REASSEMBLY

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

PUBLIC WORKS AGENDA

ROAD CLOSING - Portion of Unnamed Street in Plat of Higley Petition #295

Mr. Robert Vason, Jr., was present to answer any questions the Board might have regarding this petition.

It was noted that the proper proof of publication was on hand as it appeared in the September 29, and October 6, 1982, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board approved vacation of that portion of an unnamed street in the unrecorded Plat of Higley, for Tyre and Hartman, by Robert Vason, Jr., as per Petition No. 295, described as follows:

That portion of that certain unnamed street lying between Lot One (1) and Lot Four (4), Block 35, from the Eastern right- of-way line of Merritt Street to the Western right-of-way of Barto Street, all according to the Plat of Higley, in Section 12, Township 18 South, Range 25 East, Lake County, Florida.



Commr. Windram was not present for the vote.

ROAD CLOSING - Portion of Fourth Street - Petition #297

Mr. Possee was present to answer any questions the Board might have regarding this petition.

It was noted the proper proof of publication was on hand as it appeared in the September 29, and October 6, 1982, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the Board approved vacation of a portion of Fourth Street for Samuel J. Possee, as per Petition No. 297, described as follows:

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, in Conant, situated in Lake County, Florida, according to the Plat thereof filed August 13, 1885, Sumter County Florida.

Commr. Windram was not present for the vote.

ROAD CLOSING - Portion of Otter and Bay Road, Astor Forest

Campsites - Petition #298

Mr. James G. Hull, Petitioner, was present to answer any questions the Board might have regarding his petition.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board approved vacation of a portion of Otter and Bay Road in Astor Forest Campsites for James G. Hull, as per Petition #298, described as follows:

Abandonment of part of Otter Road For a point of reference, commence at the Southwest corner of Section 2, according to the Plat of "Manhattan" as recorded in the Public Records of Lake County, Florida, in Plat Book 2, Page 2, proceed thence South 89 degrees 29' 34" East, on the South boundary of said Section 2, a distance of 5280.30 feet to the Southeast corner thereof; thence North a distance of 4535.15 feet: thence East 3147.17 feet; thence North 53 degrees, 47', 32" West 884.83 feet; thence North 817.06 feet to the point of beginning, said point also being the point of curvature of a curve concave to the Southeast having a radius of 50.00 feet and a central angle of 90 degrees; thence Northeasterly along the arc of said curve a distance of 52.36 feet to the point of tangency thereof; thence West 166.25 feet; thence South 50.00 feet; thence East 116.25 feet to the point of beginning: Abandonment of a portion of Otter Road For a point of reference commence at the Southwest corner of Section 2, according to the Plat of "Manhattan" as recorded in the Public Records of Lake County Florida in Plat Book 2, proceed thence South 89 degrees 29' 34" East, on the South boundary of said Section 2, a distance of 5280.30 feet to the Southeast corner thereof; thence North a distance of 4535.15 feet; thence East 3147.17 feet: thence North 916.43 feet; thence East 70.00 feet for a point of beginning; continue thence East 64.93 feet; thence North 50 feet; thence West 91.76 feet to a point on the arc of a curve concave to the Southwest, having a radius of 60 feet; thence Southwesterly along the arc of said curve thru a central angle of (from a tangent bearing of South 26 degrees 26' 34" East) 56 degrees, 26', 34" a distance of 59.11 feet to the point of beginning and point of terminus: Abandonment of Otter Road and Bay Road -For a point of reference, commence at the Southwest corner of Section 2, according to the Plat of "Manhattan" as recorded in the Public Records of Lake County, Florida, in Plat Book 2, page 2, proceed thence South 89 degrees 29', 34" East, on the South boundary of said Section 2, a distance of 5280.30 feet to the Southeast corner thereof; thence North a distance of 4535.15 feet: thence East 3147.17 feet, thence North 53 degrees 47', 52", West 473.39 feet; thence North 295.26 feet for a point of beginning, continue thence North 486.00 feet; thence North 32 degrees, 07', 25" West 33.24 feet to a point on the arc of a curve concave to the Northwest, having a radius of 60.00 feet; thence from a tangent bearing of North 62 degrees 39', 24" East, run Northeasterly, along the arc of said curve thru a central angle of 53 degrees 22', 14" a distance of 55.89 feet; thence South 32 degrees 07', 25" East 67.73 feet; thence South 73 degrees 05', 21" East 344.34 feet to a point on a curve concave to the Southeast, having a radius of 60.00 feet; thence run Southwesterly along the arc of said curve, from a tangent bearing of South 77 degrees 55', 23" West thru a central angle of 58 degrees 38', 24" a distance of 61.41 feet; thence North 73 degrees, 05', 21" West 298.26 feet; thence South 448.15 feet to a point on the arc of a curve concave to the South, having a radius of 60.00 feet, thence from a tangent bearing of North 65 degrees 22', 32" West run Southwesterly along the arc of said curve thru a central angle of 49 degrees 14', 47" a distance of 51.57 feet to the point of beginning and termination of this description.



Commr. Windram was not present for the vote.

It was noted that by closing the portions of Otter and Bay Road that two lots not previously large enough to build on would

now be buildable lots.

ROAD CLOSING - Portion of Merrimac Street - Petition #299

Mr. Whittington was present to answer any questions the Board might have.

It was noted that the proper proof of publication was on hand as it has appeared in the September 29, and October 6, 1982, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board vacated a portion of Merrimac Street for Jack Whittington and Cecil Bodiford, as per Petition No. 299, described as follows:

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.



Note: Originally platted and recorded in 1887 when subdivision was a part of Orange County.



Commr. Windram abstained from voting as he was not present for the discussion on this item.

ROAD CLOSING - Permission to Advertise Petition #301

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

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board authorized advertisement of vacation of a Tract "A" of Dora1 Estates Subdivision, Plat Book 25, page 52, Public Records of Lake County, Florida, subject to a drainage easement as shown on the Plat of Dora1 Estates for J. and J. Properties, by James and Juanita Hanson, as per Petition No. 301.

ESCROW/SUBDIVISIONS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board accepted Shenandoah Mobile Home Subdivision for recording and accepted the Irrevocable Letter of Credit in the amount of $182,025.00.

SUBDIVISIONS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the preliminary construction plans on Plum Lake Estates Mobile Home Subdivision.

Commr. Smoak wished the record to reflect that he is an adjacent property owner to the above Subdivision.

BONDS - MOBILE HOME

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved for the following persons to live in a mobile home on the same piece of property on which conventional dwellings are being built, subject to the proper bonds being posted and with the understanding the mobile homes will be removed immediately upon the completion of their conventional dwellings or upon the request of the Board of County Commissioners:

1. Joe E. and Jane E. Smart - Lake Unity Area - District #l

2. Wallace J. Kelley - Picciola Island Area - District #l

3. David Stebbins - Groveland Area - District #2

4. Cecil M. Hook, Jr., - Venetian Village Area - District #3

5. Robert R. Webb - Wekiva River Area - District #4

SUBDIVISIONS

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the preliminary construction plans for Fairview Heights Subdivision.

PUBLIC WORKS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved execution of the application for a septic tank pumping franchise for Half Moon Portable Pottie and Septic Tank Service.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved final payment on Project #4-82, C-561, Widen and Resurface in the amount of $36,647.79 to Leecon, Inc. from Secondary Funding.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved partial payment on Project #10-82, 5-8377 Big Oak Road and 5-8172 Keene Road Design Build Construction in the amount of $32,252.11 to Leecon, Inc. from Revenue Sharing Funds.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved partial payment to Martin Paving Company on State Road 42 project in the amount of $4,145.77 from Secondary Funding.

FUNDS - GENERAL/PUBLIC WORKS

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board authorized execution of the Department of Transportation Voucher for Transfer of Funds in the amount of $40,793.56.

DEEDS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the release of the following road reservations from the Department of Transportation for the following deed numbers:

# 802, all but 33 feet from the centerline of Swift Road #4- 7798 (Pine Lakes Area)





#1143, all but 33 feet from the centerline of Schultz Street and Key Avenue. Department of Public Works has letter of approval from the City of Eustis.



#2052, all but 50 feet from the centerline of Griffin Avenue #l-7807 and 33 feet from the centerline of Second Street (Lady Lake Area)



#2723, all but 25 feet from the centerline of Deal Drive #4- 4288 (Mt. Plymouth Area)



#2776, all but 25 feet from the centerline of Ridge Avenue (Mt. Plymouth Area)



MUNICIPALITIES/SIGNS/ROADS, COUNTY & STATE

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request from the City of Umatilla to lower the speed limit to 30 MPH on C-450 from Orange Avenue east to Fletcher Road.

RIGHT OF WAYS-ROADS AND EASEMENTS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board accepted a non-exclusive easement on a non-maintained road off of A. B. Merritt Road.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board accepted non-exclusive easements on District Road #l-5110 from the following persons:

1. James A. Stivender and Elizabeth Ann Stivender

2. Geoffrey H. Binneveld and Ellen W. Binneveld

3. Geoffrey H. Vinneveld, Jr., and Bonita N. Binneveld

4. Nannie P. Stivender

5. EWB Groves, Inc. by Ellen W. Binneveld, President

6. Lagomar Groves, Inc. by Geoffrey H. Binneveld, President

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board accepted the following right-of-way deeds on District Road #l-5110:

1. William G. Talley, Jr. and Jacqueline V. Talley

2. Thomas N. Grizzard, Sally G. Spence and Dora Lee Grizzard

MUNICIPALITIES/PUBLIC WORKS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request from the City of Umatilla to purchase and have delivered approximately 25 loads of clay at 14 yards per load to be used for road purposes at a cost of $1,400.00.

BIDS/ROAD PROJECTS

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board awarded the bid on Project #l- 83, Astor Campsite Loop Road Design Build Construction Lump Sum to Hewitt Contracting Company, Inc., in the amount of $230,588.02, low bidder.

The Board authorized the Public Works Department to compose a letter to the property owners regarding payment of the driveway pipe to be brought back before the Board with the price of the pipe and letter that would be sent prior to mailing.

BIDS/PURCHASING DEPARTMENT/PUBLIC WORKS/BUILDING/POLLUTION

CONTROL

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board authorized the Purchasing Department to bid on five pickup trucks (three for Public Works and two for Building Department) and one mid-size automobile for Pollution Control. It was recommended that the specifications be written for both 1982 and 1983 vehicles in order that both could be considered.

Mr. Willett stated that the five older vehicles would be auctioned next spring.

ACCOUNTS ALLOWED/POLLUTION CONTROL

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the travel request for Ted Wicks, Pollution Control Director, to attend the Annual Joint Technical Conference in Clearwater Beach at a cost of $127.50.

ASSESSMENTS/RESOLUTIONS

Mr. Willett brought for the Board's consideration a Resolution for Special Assessment in Dora Park Estates Subdivision, Temple Drive and Hamlin Court. Mr. Willett stated that 55% of the property owners had agreed to the special assessment on a front foot basis.

Mr. Klingebiel, Lot 10, addressed the Board on behalf of Mrs. Starling, Lot 9, who would face a larger assessment on a front foot basis rather than an assessment on a per lot basis. Kathy McDonald, Assistant Director of Public Works, informed those present that the 100% requirement to assess on a per lot basis had not been achieved, but the 55% requirement for a front foot basis had been achieved.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board authorized staff to proceed with the special assessment procedure on a front foot basis and authorized advertisement of bids for the work.

PUBLIC WORKS

Mr. Jim Stivender, Public Works, addressed the Board regarding a survey and analysis of the drainage situation off of Old Highway 441 in Tavares, brought to the attention of the Board at their meeting of October 12, 1982, by Mrs. Edward Gibson. Mr. Stivender stated that the water level in the drainage ditch under discussion had reached the water level of Lake Dora and that deepening of the ditch would not affect the water level in the ditch. Mr. Stivender stated that all of the water was contained in the ditch and the culvert boxes were open.

Mr. Mark Burgess, Soil and Water Conservationist, addressed the Board and offered three possible solutions to this problem:

1. A ditch of this size can be shaped and sodded so that there is virtually no erosion problem and the maintenance requirements being only that of mowing. In order for this ditch to be reshaped, the retaining wall will have to be removed so that adequate side slopes may be constructed. Removal of this wall will have to be done with extreme care in order to prevent the soil from sloughing off.



2. Installation of a section of culvert and backfilling along that portion of the ditch where adequate side slopes would be difficult to construct due to the proximity to buildings.



3. Installation of culvert and backfilling from the highway south about 200 feet. If this were to be done, diversions of highway runoff into the culvert is recommended.

Mr. Burgess stated that it was his opinion that reshaping the ditch and sodding to prevent erosion would be adequate. Mr. Burgess further stated that the overland flow from the highway could be handled sufficiently with an adequate sod covering to prevent erosion.

The seawall presently on the property was discussed and Mr. Burgess stated that the wall was held together only by reinforcement bars through the middle of the blocks, with no cement and it was noted that the seawall was not built with a foundation.

Mrs. Edward Gibson addressed the Board and stated that prior to 1979 the ditch was nothing more than a foot path, and in 1979 the County cleaned the ditch, tried to clean it twenty foot wide, and Mrs. Gibson stated that this is when damage occurred to the back of her house. Mrs. Gibson stated that no effort was made to prevent soil erosion or protect the property. Mrs. Gibson stated she was asking to protect the property from further soil erosion and questioned the Board regarding the ditch on the railroad property and Commr. Carson informed Mrs. Gibson that Public Works staff had inspected the culvert and there was water flowing through the culvert.

Commr. Smoak moved, seconded by Commr. Deems, that the Public Works Department be instructed to maintain the ditch, based on the County Attorney's statement that Lake County has a prescriptive easement on the property to maintain the ditch, to put the ditch in a proper structure to handle the water flowage and that it be adequately sodded to prevent soil erosion on the sides of the ditches. Mrs. Gibson questioned how wide the ditch would have to be and was shown pictures of a ditch across the road that had been maintained and sodded and was informed that the ditch behind the Gibson property would be put in comparable shape and condition. The above motion was carried unanimously.

Mrs. Gibson questioned whether the County was going to place tile in the ditch and Commr. Carson informed Mrs. Gibson that the ditch on her property would be reshaped and sodded similar to a ditch across the street.

Mrs. Gibson questioned whether the County was going to do anything about the damage that has already been done. Mr. Ford, County Attorney, stated that based on the proceedings today, the County is maintaining that no damage has been done by the County. Mr. Ford stated that if Mrs. Gibson is in disagreement that this should be pursued by her through her attorney.

Mrs. Gibson was informed that work would begin within the next two weeks and that she would be notified prior to the work crews coming to the property to do the necessary work.

SOIL AND WATER CONSERVATION

Mr. Mark Burgess introduced to the Board Margaret Winstead, Assistance Soil Conservationist, recently employed by the Soil and Water Conservation District.

PUBLIC WORKS/RESOLUTIONS

Discussion occurred regarding questions of the municipalities and residents of Lake County concerning the question upcoming on the General Election Ballot for the 9th cent gas tax.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board authorized the Public Works Department to compose a notice to be published in local papers containing information on the distribution and use of the monies should this question be voted upon favorably by the Lake County voters. The Board included in this motion that the notices not exceed a price of $l,OOO.OO. Commr. Burhans voted "No".

MUNICIPALITIES/SIGNS

Commr. Burhans stated that he had received a letter from the Department of Transportation regarding a flashing crossing light for the Umatilla Elementary School. Commr. Burhans stated that the Department of Transportation had completed a study and determined that the flashing lights were not necessary. Mr. Willett stated that he had sent a copy of the letter to Umatilla Elementary School.

BONDS/WATER AUTHORITY

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board authorized signature on the Public Official Bond for Michael Stearman appointed to the Oklawaha Basin Recreation and Water Conservation and Control Authority.

There being no further business to be brought before the Board, the meeting adjourned at 3:30 P.M.

CBR/10/21/82