A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

NOVEMBER 16, 1982

The Lake County Board of County Commissioners met in regular session on Tuesday, November 16, 1982, at 9:00 a.m. in the Lake County Board of County Commissioners' Meeting Room, Lake County Courthouse, Tavares, Florida. Present at the meeting were: James R. Carson, Jr., Chairman; Thomas J. Windram; Claude Smoak; C. A. "Lex" Deems; and Glenn C. Burhans. Others present were: James C. Watkins, Clerk: Christopher C. Ford, County Attorney: and Mary C. Grover, Secretary.

The Invocation was given by Mr. Watkins and the Pledge of Allegiance was led by Commr. Burhans.

COMMISSIONERS

Mr. Watkins, Clerk, administered the Oath of Office to C. A. "Lex" Deems and Thomas J. Windram, who were reelected to the Office of County Commissioner on November 2, 1982.

MINUTES

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the Minutes of November 9, 1982, as corrected.

RESOLUTION/COMMUNICATIONS

Discussion occurred regarding the resolution received from the Community Action Agency (the state organization) requesting 5% of the sales tax that comes back to the local government to be exclusively used by the Community Action Agencies. No action was taken at this time.

COMMUNICATIONS

The Board acknowledged receipt of a letter from Mr. George Firestone, Secretary of State, informing the Board that the Florida National Register Review Board would be considering the William Pendelton home in Eustis as a part of the State's historic resources.

LAWS & LEGISLATION

Discussion occurred on correspondence received regarding the revised sales tax projections for Local Government for the Fiscal Year 1982-83. It was noted that the expected receipts from sales tax for Lake County (not including the municipalities) would be $1,834,775.00, a reduction of approximately 9% from the previous projection.

LIBRARIES/MUNICIPALITIES

Commr. Carson informed the Board he had received a letter from Mr. Jarrell, City Manager, City of Eustis, advising the Board that the City of Eustis has revised the total to be transferred into the county-wide library system from $103,046.00 to $98,788.28.

JAIL/SUITS AFFECTING THE COUNTY

Mr. Ford, County Attorney, presented the Board with a copy of the initial pleadings for the jail lawsuit for their review.

CONTRACTS, LEASES & AGREEMENTS/PUBLIC HEALTH

Mr. Ford, County Attorney, informed the Board that his office has been reviewing the contract with Health & Rehabilitative Services for the local health center. He stated his office would contact HRS to clarify some questions he had on the contract and would report back to the Board at the first meeting in December.

Commr. Burhans informed Mr. Ford that he had received a revised copy of the contract.

SUBDIVISIONS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board accepted Lake Forest Subdivision Plat for recording and accepted the Irrevocable Letter of Credit in the amount of $241,736.00.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the release of the Irrevocable Letter of Credit in the amount of $45,000 on Dora Isles Subdivision and accepted the Maintenance Bond in the amount of $3,900.00 and the following roads into the County Maintenance System:

Milwaukee Avenue, #3-3744

Sunset Court, #3-3745B

Sunshine Lane, #3-3745A

Sunrise Court, #3-3745

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the release of the Maintenance Bond on Squirrel Point Subdivision.

ROAD PROJECTS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved final payment to Leecon, Inc., on Project #9-82, Widening Only on SR-450, in the amount of $31,548.66 (Secondary Funding).

DEED

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board accepted the right-of-way deed on Radio Road, #l-5433 from Valeria Jessee.

ASSESSMENTS/BIDS

The Chairman announced that the Board would now begin the Public Hearing on the Dora Park Estates Subdivision Special Assessment Project (Temple Drive and Hamlin Court).

Commr. Carson explained to the audience that the low bid received was $10,608.00. He stated that the County would be participating in the amount of 33% of the total cost, which would be a contribution of $3,500.00, leaving $7,108.00 to be paid by the property owners. He stated that the computed cost to the property owner was $3.82 per lineal foot for the properties on Temple Drive and Hamlin Court.

Mr. Richard Milota, Lots 16, 17, 18, Dora Park Estates Subdivision, addressed the Board to question the method used at arriving at the property owner's cost. Mr. Willett, Development & Public Works Director, explained the policy used in arriving at the cost per property owner.

Mrs. Kathy Hix, Lot 19, addressed the Board to question the difference in the terms linear front foot and front foot. It was explained that the terms were basically the same, but that there could be some difference if a person was on a cul-de-sac.

Mrs. Starley, Lot 9, addressed the Board to express concern that she had the smallest lot but the highest assessment cost. Mr. Klingebiel, Lot 10, addressed the Board to discuss the assessments to the property owners living on the cul-de-sac.

Discussion was held regarding the assessment being divided equally between all the lots involved. Mrs. Hix stated that the property owners had approved of that method.

Mr. Willett stated that the lot by lot basis was not an acceptable method for determining cost per property owner.

Mr. Mizutowich, Lot 20, addressed the Board and stated that his property was on a corner lot in which one of the sides was to be assessed for improvements.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board authorized the Public Works Department to proceed with the Dora Park Estates Subdivision Special Assessment Project, according to the county policy, and awarded the bid to Paquette Paving (low bidder) in the amount of $10,608.00.

CETA

Mrs. Robbie Baird, CETA, addressed the Board to discuss the proposals for a small business support center.

The following four (4) proposals were received:

1. University of Central Florida - $43,055

2. Lake/Sumter Community College - $37,409

3. Leesburg Chamber of Commerce - $51,520

4. W.P.T. Financial - $35,111

Mrs. Baird informed the Board the CETA Department had reviewed the proposals for regulatory compliance and general quality. She further stated the Private Industry Council subcommittee had met to review the proposals. It was their recommendation that Lake/Sumter Community College be awarded the contract for the operation of a small business support center to begin January 1, 1983.

On a. motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the recommendation of the Private Industry Council to provide Lake/Sumter Community College $37,409 in CETA funds to develop, establish, and operate the Lake County Small Business Support Center and authorized Mr. Flowers, CETA Director, in conjunction with the County Attorney's Office, to finalize the necessary contracting processes.

CETA/COUNTY EMPLOYEES

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of Mr. Timmons, Personnel Director, and approved merit increases for Vallie McLean, Debra snow, Janice Strickland and Veronica Williams, CETA Department, effective October 26, 1982.

PLANNING DEPARTMENT/COUNTY EMPLOYEES

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of Mr. Timmons, Personnel Director, and approved a merit increase for Dan Kotulla, Assistant Planning & Zoning Coordinator, effective November 26, 1982.

NURSING HOME/COUNTY EMPLOYEES

Mr. Timmons, Personnel Director, addressed the Board to discuss the request from Mr. Strickland, Nursing Home Administrator, to offer two (2) weeks severance pay to Lake Memorial Nursing Home employees who are requested and agree to remain with the home until the day it closes. It was pointed out that approximately 16 employees would be needed until the closing day.

Mr. Ford, County Attorney, stated that if each of those employees who agree to stay until the last day enter into a written employment contract, it would be legal to enter into a contract regarding severance pay.

Commr. Burhans updated the Board on the progress of placing the patients at the Nursing Home into other nursing homes.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved two (2) weeks severance pay to those employees who agree to remain with the Nursing Home until the day it closes and authorized that the necessary employment contracts be drawn.

DEEDS

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board accepted the following Quit Claim deeds for a drainage outlet in Forest Hills:

1. Victor Roepke and Dee Roepke

2. Gordon Roepke, Inc.

COMMUNICATIONS/COURTS-JUDGES

Mr. Sanford Minkoff, County Attorney's Office, was present to discuss the request from Escambia County for the County's support and assistance in regards to the case McMillan, et., al. v. Escambia County, Florida, et., al.

He stated that the County Attorney's Office did not recommend Lake County participating in the suit. He stated the expense to Lake County would be substantial.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved not to participate in filing an amicus curiae brief in regards to the Escambia County case.

CONTRACTS, LEASES & AGREEMENTS/SUITS AFFECTING THE COUNTY/

PUBLIC HEALTH

Mr. Minkoff, County Attorney's Office, addressed the Board regarding the suit pending with the Health & Rehabilitative Services. He stated that Judge Daniel ruled that the suit be transferred to the Tallahassee Circuit Court. He further stated the County Attorney's Office has completed the discovery and are ready to go to trial.

ROADS - COUNTY/STATE

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

# 573, All but 25 feet from the centerline of Beach Drive. (Dona Vista Area)



#1143, All but 33 feet from the centerline of Smith Street, Woodward Avenue, Schultz Street, and Key Avenue. (Department has letter from the City of Eustis.)



#1109, All but 20 feet from the centerline of Olivett Avenue. (Department has letter from the City of

Eustis.)

#2199, All but 25 feet from the centerline of Sackamaxon Drive. (Mt. Plymouth Area)



#1476, All but 25 feet from the centerline of Rose Street and Oak Street. (Department has letter from City of Umatilla.)



CONTRACTS, LEASES & AGREEMENTS/PUBLIC WORKS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved renewal of the Road Maintenance Agreement with Marion County.

APPRAISALS/PUBLIC WORKS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board authorized the Public Works Department to obtain an appraisal on the property west of the Astatula Landfill owned by Olive Eckerson.

PUBLIC WORKS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request of Mr. Allan Warner for one-time maintenance on Lloyd Street and Number 1 Drive, in the amount of $190.00.

MUNICIPALITIES/PUBLIC WORKS

Mr. Mike Willett, Development & Public Works Director, informed the Board that the Town of Lady Lake would be returning the pump and pipe to Lake County this week.

SUBDIVISIONS

Commr. Carson informed the Board he had received a telephone call from Mr. John O'Kelley requesting the Board consider approval of his plat for Eagle Ridge at their special meeting on November 30, 1982. Mr. Willett, Development & Public Works Director, stated that if the plat is completed and in order, that he would not have any problems considering the plat for approval at that time.

BONDS/EDUCATION/COMMISSIONERS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the Chairman and the Board Members to sign the Public Official Bonds for the following, subject to the receipt of the bonds:

Thomas J. Windram - County Commissioner,

Anna Cowin - School Board Member

Georgia Phillips - School Board Member

BONDS - CONTRACTOR

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

NEW

1085-83 Hugh G. Hall (Plumbing)

1635-83 Rodney Torrance d/b/a Al-Can Glass & Screen (Glazing)

CANCELLATIONS

633-80 Eli E. Weirich d/b/a Golden Aire (Heating & Air

Conditioning)

1976-81 John C. Roger (Mechanical)

2018-81 Frank K. Wood (Residential)

3063-82 Bruce A. Ballard d/b/a Larry Ballard & Son Plumbing

(Plumbing)

LICENSES & PERMITS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the following new gun permits and bonds and the addition to a gun permit:

NEW

Rexanne R. Stokes

William K. Stokes

ADDITIONS

Melanie Young

ACCOUNTS ALLOWED

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved payment of warrants #28484 through #29167 for the following accounts:

General Revenue

Revenue Sharing

Mosquito Control

Fish Conservation

Section 8

CETA

Landfill

County-wide Library

Fine & Forfeiture

County Transportation Trust

Aquatic Weed

Northeast Ambulance

Law Enforcement Trust Fund

Nursing Home

Special Assessments

INDIGENTS

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

Approve

Mamie Dixon for Clarence Hartage - $50.00/November

Leesburg Mobile City for Gertrude Couch - $50.00/November

COUNTY PROPERTY

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

carried unanimously, the Board approved for the following items to be deleted from the Fixed Assets List:

Prop. # Dept. Item Amount Reason

1333 Surplus (5) Dining Room Chairs $ 39.25 To be junked

3419 Surplus 3 Drawer File Cabinet 90.00 To be junked

3955 Surplus Posture Chair 78.80 To be junked

4411 Surplus Cole Chair 52.45 To be junked

6312 Surplus Monroe Calculator 216.11 To be junked

Total: $476.61

CONTRACTS, LEASES & AGREEMENTS/FIRE DISTRICTS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the Chairman to sign Addendum #4 to the Cooperative Equipment Lease between the Division of Forestry and the Board for Bassville Volunteer Fire Department.

RECESS & REASSEMBLY

At 10:50 a.m. the Chairman announced the Board would recess for lunch with each Commissioner lunching individually. The Board reconvened at 2:00 p.m. for the remainder of the Public Works Agenda.

PUBLIC WORKS AGENDA

ROAD CLOSING - Tract "A" of Dora1 Estates Subdivision,

Petition #301

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

It was noted that the proper proof of publication was on hand as it appeared in the October 26, 1982 and November 2, 1982 editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved vacation of Tract "A" of Dora1 Estates Subdivision, Plat Book 25, page 53, 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, described as follows:

Tract "A" of Dora1 Estates, Plat Book 25, Page 53, Public

records of Lake County, Florida

ASSESSMENTS

Mr. Mike Willett, Development & Public Works Director, addressed the Board to request approval of the Special Assessment Resolution and to request permission to bid road work for the following project:

1. Sunnyside Drive, Palm Street, Oak Street, and Cedar Street in the Lady Lake Area.



Discussion occurred regarding the drainage problems in the area, particularly on Pine Street (not in assessment).

Mr. Walter Hoffman was present to discuss the Special Assessment with the Board.

Discussion continued regarding the bidding of the project. It was suggested that the contractors be allowed to bid two ways--one bid without the curve and an alternate bid with the curve (clay portion of Ridge Road and Pine Street, which are presently maintained by the County, to Cedar Street).

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the Special Assessment Resolution and granted permission to bid the road work for Sunny- side Drive, Palm Street, Oak Street, and Cedar Street in the Lady Lake area.

ROAD CLOSINGS - Permission to Advertise - Petition #302

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

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board authorized advertisement of vacation of that part of an unnamed street running east and west between Lots 3 and 4 on the north and Lots 5 and 6 on the south, and that part of an unnamed street running north and south lying between Lots 3 and 6 on the east and Lots 4 and 5 on the west, Block 1, Plat of Lisbon, Plat Book 4, page 7, Public Records of Lake County, Florida, for Gastfield, McKinney, and Josefczyk, by John Williams, Jr., as per Petition No. 302.

ROAD CLOSING - Permission to Advertise - Petition #303

No one was present to discuss the petition with the Board.

Mr. Willett, Development & Public Works Director, recommended the request to vacate the right-of-way be denied as it would possibly cut off legal access to another property owner's property.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board postponed Petition #303 for approval to advertise vacation of that right-of-way on the south side of Lots 5, 6, 7, and 8; that right-of-way running north and south lying between Lots 6 and 7, and Lots 5, 6, 7, and 8, all being in Block 16, unrecorded Plat of Higley, Section 1, Township 18 South, Range 25 East for Loring E. Johnson, by Paul W. Bryan, II, until December 21, 1982.

ROAD CLOSING - Permission to Advertise - Petition #304

No one was present to discuss the petition with the Board.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board authorized advertisement of vacation of Michigan Avenue between Second Street and Umatilla Place and Lots 140 through 150, Block 4, Subdivision "A", Eustis Park, Plat Book 8, page 13, Public Records of Lake County, Florida for Margaret Sellars Simpson, as per Petition No. 304.

SUBDIVISIONS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the preliminary construction plans for Magda Estates Subdivision.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the preliminary construction plans for Cypress Point Subdivision.

ROAD PROJECTS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved final payment to Leecon, Inc. on Project #10-82, Big Oak Road, #5-8377, and Keene Road, #5-8172, Design Build Construction in the amount of $11,590.57 (Revenue Sharing).

ROAD PROJECTS

The Board postponed discussion on the Countywide Resurfacing Projects until December 21, 1982.

ROAD PROJECTS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved to resurface and reconstruct Pruitt Street #2-4705 and Schoolview Road #2-4806, in the Mt. Clair area at an approximate cost of $37,000.00.

ROAD PROJECTS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried, the Board approved the total construction of Trimpi Road, #2-3123; Yalaha Cutoff Road, #2-3229; and Lime Avenue, #2- 3231 at an approximate cost of $lOO,OOO.OO.

Commr. Deems abstained from the discussion and voting and left the meeting room during the discussion and voting, as he resided on one of the roads being considered.

ROAD PROJECTS

On a motion by Commr. Windram, seconded by Commr. Smoak and carried, the Board approved the resurfacing of C-437 and C-439, at an approximate cost of $97,000.00 and $98,000.00 respectively.

Commr. Burhans voted "NO".

BONDS - MOBILE HOME

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request from Arnold and Clarice Legg - Clermont Area - District #3 to live in a mobile home on the same piece of property on which their conventional dwelling is being built, subject to the proper bond being posted and with the understanding that the mobile home will be removed upon completion of the dwelling or upon the request of the Board of County Commissioners.

ACCOUNTS ALLOWED/MOSQUITO CONTROL

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the purchase of a steam cleaner from John Kennon Supply at a cost of $881.35 delivered, (low quote).

BIDS/ACCOUNTS ALLOWED/PURCHASING

On a motion by Commr. Burhans and seconded by Commr. Deems and carried unanimously, the Board awarded Bid #070-006-83, six (6) pickup trucks and Bid #070-007-83, one (1) mid-size sedan to Golden Triangle Ford in the amounts of $8,263.83 (per truck) and $7,191.65 (car). It was noted that the low bidder on the pickup truck was Roger Whitley Chevrolet, Tampa; however, the Board awarded the bid to Golden Triangle Ford due to the close proximity of the dealership and due to the difference in the bids being only $20.83.

ANIMAL CONTROL/BUDGET TRANSFERS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the transfer of additional funds from Contingency to the Animal Control Budget to cover the cost of the pickup truck purchased.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:05 p.m.

James R. Carson, Jr., Chairman

James C. Watkins, Clerk

mcg/ll-17-82