A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
DECEMBER 7, 1982
The Lake County Board of County Commissioners met in regular session on Tuesday, December 7, 1982, at 9:00 a.m. 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. Also 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 led by Commr. Deems.
AMBULANCES-HOSPITALS/EMERGENCY SERVICES
Dr. Thomas Langley addressed the Board and stated that he was representing Lake County regarding the disposition of a communications console moved from City of Leesburg, Fire Department Headquarters, to Leesburg Regional Medical Center. Dr. Langley stated that this console was purchased through a grant and had the potential of serving Emergency Medical Systems and Emergency Systems through-out the County.
Dr. Langley expressed that with the potential of this console to serve the entire County that it should be centrally located in Lake County to tie in the Emergency Medical System as well as the Emergency System of Lake County, i.e., law enforcement, fire department, volunteer fire departments, hospitals and ambulance services.
Discussion occurred regarding the move of this console and Mr. Watkins stated that the console had been moved by the Leesburg Regional Medical Center on a misunderstanding that the transfer of the property had been accomplished in the County Property Records Division. The Board informed Dr. Langley of discussion that had occurred at their special meeting of November 30, 1982, regarding the disposition of this console. Dr. Langley was also informed that the moving of this console had not been done with Board approval and, in fact, members of the Commission were not aware of the move until after the fact.
Discussion occurred regarding whether or not Federal Communications Commission permitting procedures had been accomplished regarding this move and the Board requested Mr. Watkins research this and report back to the Board as soon as possible.
Dr. Langley was informed that discussions had been held with the administrator of Leesburg Regional Medical Center and Mr. Woodrell had been informed that this console would remain the property of the County and that the final disposition of this console had not yet been determined by the Board of County Commissioners.
Dr. Langley recommended that the Board direct a member of their staff, Joe Stephany, Emergency Services Department, to head a task force consisting of four or five people from the designations previously discussed. Dr. Langley expressed that each area of emergency systems be represented so all the needs could be met within the County. Dr. Langley stated representatives from ambulance districts, fire districts, Sheriff's Department, municipal police departments and volunteer fire departments be represented. Dr. Langley also stated that a technical representative from Motorola or R.C.A. be requested to advise the task force of technical capability and needs for the communications system.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized the Chairman to communicate to the Leesburg Regional Medical Center Managers the intent of the Board of County Commissioners to retain ownership of the communication console, that use of the property will be retained until such time as the Commission determines some other use and authorized the Chairman, with Board approval, to appoint a study committee to determine the proper location and use of the communication console.
Further discussion occurred regarding the status of licensing by the FCC and the Board concurred that all licensing by the FCC regarding the use of this console by Leesburg Regional Medical Center be ceased until such time as the Board approved transfer of this console.
Dr. Langley stated he would submit his recommendations for appointment to the task force later in the day and stated that once the task force was formulated, it was his feeling that a recommendation to the Board could be formulated within a two week period.
COMMUNICATIONS/ROADS/PUBLIC WORKS
Mr. Charles E. Vanderford, Shockley Hills, addressed the Board regarding the condition of the roads in Shockley Hills, specifically the collector roads in the area. Mr. Vanderford requested that the Board entertain a motion accepting the roads in Shockley Hills into the County Maintenance System by grandfathering them into the system. Mr. Vanderford stated that attempts had previously been made to initiate a special assessment in the area to bring the roads to County standards and have them accepted: however, such attempts to secure 55% of the property owners agreeing to an assessment had been unsuccessful. Mr. Vanderford stated that there was a clay pit in the vicinity of Shockley Hills in which the clay could be utilized for the roads. Mr. Vanderford stated that an assessment would cause a hardship on the citizens in Shockley Hills.
The Chairman outlined the procedures offered by Lake County in order to have a road accepted into the County Maintenance System and pointed out a recent example of citizens in Astor contributing funds to assist in having a collector road upgraded and brought into the County Maintenance System and that in this particular case the special assessment procedure had not been successful.
Michael Willett, Director of Development and Public Works, stated that discussion had occurred previously regarding setting up a special fund at the Umatilla State Bank for this purpose. The Board stated that although it would not be appropriate for Lake County to administer such a fund it would be acceptable to offer assistance in setting up a fund for the residents in the Shockley Hills area.
Mr. Vanderford stated it was his feeling that this area was a one of a kind and expressed his wishes that the Board take exception to this situation and grandfather the roads into the County Maintenance System.
The Board explained to Mr. Vanderford that there are hundreds of miles of similar roads in Lake County not presently in the County Maintenance System and Mr. Vanderford was informed that the additional one cent gas tax recently passed in Lake County would be used in conjunction with the special assessment program to pay the County's portion of upgrading collector roads and bringing them into the County maintenance system. Mr. Vanderford was also informed that it was not a policy of this Board to "grandfather" roads into the County Maintenance System.
PUBLIC WORKS AGENDA
ESCROW/ROADS-COUNTY & STATE/SUBDIVISIONS
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the Plat for Old Mill Run Subdivision for recording, accepted and authorized execution of the Maintenance Escrow Agreement in the amount of $2,840.00 and accepted Lenze Drive #3-3356 into the County Maintenance System.
ROADS-COUNTY AND STATE
The Board postponed action to accept Reef Drive and Okalaoosa Trail in North Harbor Acres Subdivision for maintenance and to assign road numbers until such time as Public Works receives additional test results.
BUDGET TRANSFER/CODE ENFORCEMENT/BUILDING/ZONING
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved a request to increase the Building/Zoning budget line item #Ool-524-1-00-18-030-160, Special Boards by $2,520.00 to cover per diem expenses for the Code Enforcement Board, transferred from salaries.
COUNTY PROPERTY/FIRE DISTRICTS
Discussion occurred regarding a request of the Bassville Fire Department to lease County owned property on U.S. 441 near the Leesburg Airport. Mr. Willett requested this item be postponed until a representative from the Bassville Fire Department could be present to explain the wishes of the Fire Department.
The County Attorney was authorized to contact Steve Richey, Attorney, regarding the legality of this request.
MUNICIPALITIES/PUBLIC WORKS
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request from Town of Astatula to purchase 400 yards of clay for street repair at a cost of seventy-five cents per yard with the town hauling and spreading the clay. Included in the motion was approval of a request from Astatula for 100 yards of clay at no charge to be used in the Joe Swaffar Recreation Park with the Town hauling and spreading the clay.
PUBLIC WORKS
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved a one-time maintenance for Gerhard Schwedes on Beach Drive in the amount of $30.00.
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved payment to Adams Construction Company for final payment for Sparks Village Subdivision -Margaret Drive, Memory Lane, Mark Avenue and Elizabeth Avenue Resurfacing Lump Sum Project No. SA-1 in the amount of $28,764.35, and final payment for Ravenswood Park Subdivision - Magnolia Drive and Palm Drive Resurfacing and Design Build Construction Lump Sum Project No. SA-2, in the amount of $24,034.85.
MUNICIPALITIES/RESOLUTIONS/ROADS - COUNTY & STATE
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved to sign a Resolution by the City of Clermont and Minneola and the County of Lake, adding Road Number 561 from the Urban Boundary of Clermont to SR 50 in Clermont to the Federal Aid Urban System, allowing use of different funds for the future road work in this area.
ACCOUNTS ALLOWED/POLLUTION CONTROL/PURCHASING
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to purchase one IBM Selectric III Model 6705(S) typewriter for the Pollution Control Department at a cost of $828.00.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried, the Board approved to purchase a new dishwasher for the Pollution Control Lab at an estimated cost of $300.00.
Commr. Burhans voted "NO".
ACCOUNTS ALLOWED/LANDFILLS/PURCHASING
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved to obtain quotes rather than bids due to time limitations, on three test wells at Lady Lake Landfill and one test well at Log House Landfill. Mr. Willett informed the Board that DER has informed them the test wells presently at these sites are not deep enough.
BONDS-MOBILE HOME
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved for the following persons to live in a travel trailer on the same piece of property on which conventional dwellings are being built, subject to the property bonds being posted and with the understanding the travel trailers will be removed immediately upon the completion of their conventional dwellings or upon the request of the Board of County Commissioners:
1. C. C. Williamson - Bassville Park Area - District #l
2. Tillman and Anne Caldwell - Minneola Area - District #3
PUBLIC HEARING
ASSESSMENTS/ROADS-COUNTY AND STATE/BIDS
The Chairman announced that the advertised time had arrived for the Public Hearing on the proposed Special Assessment for Pomerosa Subdivision and to award the bid on the Special Assessment. Mr. Willett stated the staff recommendation on the bid was that the bid be awarded to the second lowest bidder, Superior Asphalt, as Superior had bid a soil cement base, which the engineer feels is superior to the limerock base used by the lowest bidder, Paquette. It was noted that Paquette could have bid either soil cement or limerock; however had only bid limerock.
Mrs. David, Pomerosa Subdivision, addressed the Board to receive a copy of the assessment figures and requested a date when the work would start. Mrs. David was informed that no specific date had been obtained; however, Public Works staff would notify her when a date had been set.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board awarded the bid on the Special Assessment for Pomerosa Subdivision to Superior Asphalt in the amount of $24,958.08. Discussion occurred that awarding the bid to the second lowest bidder would only affect the property owners' portion of the assessment by $.04 per lineal foot.
ACCOUNTS ALLOWED/PLANNING DEPARTMENT
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved travel for Larry Schuster, Senior Planner, to attend a conference for the Association of Local Housing Finance Authorities Meeting on Housing Bond Programs in Orlando on December 13 and 14, 1982, at an estimated cost of $82.00.
PUBLIC WORKS/ROADS-COUNTY & STATE
Discussion occurred regarding proposed work that was needed on Owens Lane. Mr. Willett explained that a conflict had arisen as to where the dedicated right-of-way of the road was located. The Board was informed that the dispute on the location of the road had been taken before the Courts to get approval to proceed with the necessary work and the Courts would not give approval. Mr. Willett stated that two alternatives were available to the Board:
1. To proceed with the necessary work, which would risk being filed with a suit on behalf of the Estate of Leona Day Parrish.
2. To file a declatory decree confirming Lake County's ownership of the platted right of way in the prescriptive right of way where the road has been in use.
Mr. Willett stated it was his recommendation that the County proceed with the necessary work in that the cost of the work will amount to approximately $200.00 and the cost of the legal work to proceed with alternative two would be in excess of the cost of the work needed.
Mr. Ford stated that the County was contending that this is an actual dedicated right of way and his office recommended that
the County proceed with the work.
Mr. Ford stated that the estate had filed a request that the Court be permitted to enter into the agreement with the County and Court would not rule because there were objections by the attorney.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board authorized for the necessary work to proceed on Owens Lane on the recommendation of the Public Works staff and County Attorney's Office.
FAIRGROUNDS/MUNICIPALITIES
Mr. Willett brought to the Board's attention that on Saturday, December 4, 1982, during a scheduled Tractor Pull at the Lake County Fairgrounds, the Eustis Police Department, contracted for security and traffic control at the Fairgrounds, had closed the gates as there was no additional parking space and people were parking in a dangerous manner. Mr. Willett stated that the decision to close the gates was verified by Chief Spears due to the dangerous parking situation and a concern for the safety of those attending the event. Mr. Willett stated that those attending had parked both inside the gate and the parking lot in front and concern was expressed for traffic on Hwy. 452 and 44. It was noted that the promoter, Mr. Whitaker, had made no provisions to use any other private property for parking purposes nor was there any provision for attendants to assist in parking the cars. Mr. Willett stated the primary problem was the parking; however, there was also concern for the crowds milling around inside.
With the information presented, the Board felt the decision made by the Eustis Police Department was based on the motivation of public safety and health and the authority to make that decision was given to the Eustis Police Department in the contractual agreement with the County.
Discussion occurred regarding the fact that it was the promoter's responsibility, through ticket manifests, to determine the provisions needed to be made for parking and anticipation of the number of people to be in attendance during an event. It was noted in this particular case that difficulties had occurred in assisting the promoter due to the ticket manifest not being available until one day before the event.
Commr. Smoak stated that after staff investigations and conversations with the County's Insurance Company and on-site inspections of the distances in the infield that the promoter had been notified in writing that it would be a safety hazard to the spectators to be seated in the infield.
It was determined that a meeting would be scheduled between Mr. Whitaker, Promoter; Chief Spears, Eustis Police Department; Lt. Hodges, Eustis Police Department; George Johnson, Fairgrounds: Mike Willett, Development and Public Works Director; and Commr. Smoak, Liaison Commissioner for the Fairgrounds informing Mr. Whitaker that the Board was in concurrence with the action taken and should Mr. Whitaker wish the Board to hear additional information or based on the information presented, or consider a change in policy, he would be given the opportunity to appear before the Board at a later date.
CETA/CONTRACTS, LEASES & AGREEMENTS
Mr. James Flowers, CETA Director, addressed the Board and introduced Mr. Jimmy Jones, Janice Strickland and Angie Manuel of the CETA Staff.
Mr. Flowers addressed the Board regarding a modification necessary to the CETA/JTPA Grant due to new allocations representing a change from the planning figures previously provided to the Department, incorporating an increase in funding. Mr. Flowers explained his memorandum of December 7, 1982, regarding this modification and presented the new figures to be incorporated into the modification.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved Modification I to the CETA/JTPA Grant and authorized the Chairman to sign the necessary modification documents.
Mr. Flowers explained to the Board a modification necessary to the CETA Vocational Education Non-Financial Agreement due to additional allocations being provided to Lake County and submitted for the Board's review the original and modified figures for both Lake-Sumter Community College and the Lake County Vo-Tech Center.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board authorized the CETA Vocational Education Non-Financial Agreement, Modification I, Fiscal Year 1983.
Discussion occurred regarding placing carryover funds into a Contingency Fund and Mr. Flowers informed the Board that Contingency Funds were not allowed by State. Discussion also occurred regarding turning back funds that were not expended nor expected to be expended.
Mr. Flowers reported that a meeting had been held with Sumter County officials regarding the formulation of a consortion of Sumter, Hernando, Citrus and Lake Counties to maintain independent prime sponsorship. Mr. Flowers stated that the first meeting with Sumter County had not been successful; however, a meeting would be held with Hernando and Citrus Counties and another meeting would be scheduled with Sumter County officials.
ACCOUNTS ALLOWED/CETA/PURCHASING
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board authorized the purchase of photographic equipment for the CETA Department in the amount of $780.00 from Terry & Gerri's Photography, Tavares, Florida.
CONTRACTS, LEASES & AGREEMENTS/COUNTY PROPERTY/PURCHASING
Mr. Watkins informed the Board that quotes had been received for this year's bulk fruit purchase. Mr. Watkins stated the quotes were from Langley Fruit Company in the amount of $1,750.00 and from Marion Johnson in the amount of $1,650.00. The Board requested that a pound solid price be obtained from these two firms and brought back before the Board at their meeting of December 14, 1982.
BIDS/PURCHASING
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board awarded the Scrap Metal Bid #570- 008-83 to Henry Brown & Son's Salvage, Webster, Florida, in the amount of $650.00.
ACCOUNTS ALLOWED/EMERGENCY SERVICES/PURCHASING
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the request to purchase a Bell & Howell Overhead Projector for the Emergency Services Department from Terry & Gerri's Photography, Tavares, Florida, at a cost of $234.00, with the cost of the equipment to be reimbursed by Florida Power Corporation.
Commr. Carson informed the Board that this was a part of a training program being paid by Florida Power Corporation in conjunction with the Crystal River Nuclear Plant for training in the event of a nuclear disaster.
Discussion occurred regarding receipt of the funds and the Board was informed that the funds were paid from the Department of Community Affairs through a requisition prepared by Lake County Officials through the Finance Department.
CONTRACTS, LEASES & AGREEMENTS/EMERGENCY SERVICES
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board authorized the signature of the Chairman and Clerk on the 1983 Radiological Emergency Preparedness Agreement adding 17% administrative overhead charges. Commr. Carson stated this amendment made the total return to the County $1,931.00.
COUNTY PROPERTY
Discussion occurred regarding the formulation of a list of property owned by the County used in presentations such as slide projectors, screens, overhead projector and camera equipment with the list being distributed to all department heads to inform them that this equipment is available to use for presentations and the Board authorized Mr. Watkins to formulate the list.
ACCOUNTS ALLOWED/COUNTY BUILDING & GROUNDS/MAINTENANCE
DEPARTMENT
Mr. Watkins informed the Board that the Public Works Department has inspected the tree located at 407 West Main Street and had determined they could not remove the tree.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved removal of the tree and stump at an estimated cost of $550.00.
BONDS - CONTRACTOR
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the following new Contractor Bonds and Contractor Bond cancellations:
863-83 - Leo L. Harwood d/b/a Fiesta Pools of Ocala, Inc.
1518-77 - A. T. Hawkins - Master Plumber
1563-77 - Wayne Dukes - Master Plumber
1836-79 - Richard Walker d/b/a Walker Plumbing - Plumbing
2029-81 - Elijah Bailey, Jr. - Electrical
2080-81 - Gary Nassoiy - Electrical
3009-82 - Frank E. Stillman, III - Painting
3078-83 - William F. Miller - Electrical
3079-83 - Wiley Sexton Plumbing - Plumbing
3080-83 - Kenneth R. Hutchingson & Larry D. Mott d/b/a
Hutchingson and Mott, Inc. - General Class A Contractor
3081-83 - Larry E. Ballard Plumbing Co. & General Contractor
Plumbing and General
Cancellations
666-82 - Grover C. Reed - Masonry Contractor
886-76 - S. W. Williams d/b/a Williams Steel - General
1152-80 - Dennis Ross d/b/a United Aluminum & Mobile Home
Repair - Aluminum
1529-82 - B. E. Massey - General
1545-77 - Kenneth R. Hutchingson
1734-82 - Richard W. Smith d/b/a R. & S. Builders -
Residential
1823-79 - Armand L. Lessard
1829-79 - D. & C. Masonry - William D. Smith - Masonry
1857-80 - Bobby H. McLelland d/b/a McLelland and Son
1865-80 - Lance C. Dotson - Class C Residential
2023-81 - Thomas C. Codding
3006-82 - Frank G. Jaggers - Residential
3009-82 - Frank E. Stillman, III - Painting
3016-82 - Edmund R. Lodge - Residential Building.
LICENSES AND PERMITS
On a motion by Commr. Deems, seconded by Commr. Burhans and unanimously, the Board approved the following Gun Permit and Bonds, new and renewals:
New Renewal
Carrie Beth Prevedel Mary Jo McKnight
Janice Lee Fox Harvey E. Morse
ACCOUNTS ALLOWED/INDIGENTS
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved payment of Warrants #29168 through #29584, and payment of Indigent persons as listed below:
General Revenue Fine & Forfeiture
County Transportation Trust Mosquito Control
Aquatic. Weed Fish Conservation
N.E. Ambulance N.W. Ambulance
Section 8 CETA
COR Buildings Nursing Home
Landfill County-Wide Library
Special Assessment
Indigents
Approve - Peter H. Johnson for Imogene Gamble-$50.00 for
December
Approve - Ruby V. Sapp for Barbara Bair-$50.00 for December
COUNTY PROPERTY
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved deletion of the following items from the fixed assets list:
Property # Department Item Amount
2703 Clerk's Office Boling Chair $84.25
3438 Surplus 3 Drawer File $89.00
4380 Surplus Steno Chair $29.50
5302 Surplus Steno Chair $18.00
5926 Health Dept. Executive Chair $35.00
CONTRACTS, LEASES & AGREEMENTS/FIRE DISTRICTS
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the Chairman's signature on Addendum #4 to the Cooperative Equipment Lease Agreement between the Division of Forestry, Lake County Board of County Commissioners - Mt. Plymouth Fire Co., for a 1974 Chevrolet pickup truck and a 100 gallon tank and PTO pump and one 1500 gallon tank.
CLERK/COURTS
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board authorized the Chairman and Clerk's signature on the Satisfaction of Judgment on Case #82- 4,659TT40, Carmin K. Reynolds, in the amount of $125.00.
REPORTS/FIRE DISTRICTS
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the 1982-83 budget for the South Lake Fire Control District. Included in the motion was acknowledgement of the annual financial report for the fiscal year ending September 30, 1981 from the Paisley Fire District.
REPORTS/PUBLIC HEALTH
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the annual report from Lake Community Action Agency for 1981-82.
REPORTS/CLERK
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue, Traffic/Criminal Cases for the weeks ending November 5, 1982, November 12, 1982 and November 19, 1982.
PUBLIC WORKS/SUITS AFFECTING THE COUNTY
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board authorized the County Attorney to act in behalf of the Board in not voluntarily accepting service on a suit filed by Mrs. Gibson regarding a drainage easement dispute. Mr. Ford stated a counterclaim would be filed based on the contention the ditch in question is a prescriptive ditch.
CONTRACTS, LEASES & AGREEMENTS/AMBULANCES-HOSPITAL
Mr. Ford reported that his office had met with Nick Jones, Architect, regarding reimbursing Lake County wholly or partially for the cost of a Clerk of the Works for the Paramedics and Medical Examiner Facility. Mr. Ford stated that Mr. Jones had taken the position that he was not responsible for paying any of the cost of the Clerk of the Works for this project. Mr. Ford recommended that the Clerk of the Works be hired and the Board make a determination at a later date whether or not to pursue to collect any of the fee of the Clerk of the Works.
HOUSING FINANCE AUTHORITY,'PLANNING DEPARTMENT
Commr. Carson informed the Board that a questionnaire had been received requesting information on the Lake County Housing Finance Authority. The Board directed Mr. Larry Schuster, Senior Planner, to meet with Mr. Samuel Mazzotta, Housing Finance Authority, to complete the questionnaire and return it to the Board as soon as possible.
MINUTES
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the minutes of November 16, 1982, as corrected.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the minutes of November 30, 1982, as submitted.
TAX COLLECTOR/MAINTENANCE DEPARTMENT
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board authorized painting of the Tax Collector's annex tag office in Eustis.
COMMUNICATIONS/RESOLUTIONS
Commr. Windram stated he had received a message from Mrs. Irwin regarding the Board's support to designating the Wekiva River as an outstanding waterway. Commr. Windram stated that a public hearing would be held regarding this designation on February 10, 1983, and requested a response from the Roard prior to that date. This item was referred to the Pollution Control Director, Ted Wicks, for a report in order that the Board can consider this item.
FAIRGROUNDS/CONTRACTS, LEASES & AGREEMENTS
Commr. Smoak reported that he would have for the Board's review at their first meeting of January, 1983, the new contract for the Lake County Fairgrounds and a proposed capital improvement program for the Fairgrounds over the next four years.
HEALTH DEPARTMENT/RESOLUTIONS
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the proposed Resolution setting fees at the Lake County Health Department.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized expenditure from the Law Enforcement Trust Fund in the amount of $670.00 for a SF Series Shelf Filing System requested by Sheriff Noel E. Griffin, Jr., and certified by Sheriff Griffin that said funds would be used for law enforcement purposes only as required by Section 932.704(3)(a), Florida Statutes (1981).
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved payment in the amount of $485.16 payable to the Lake County Sheriff's Department for the EVOC Driving School attended by Deputy Baggett in the amount of $4.00 and $481.16 of the total for a seminar attended by four staff members entitled "Street Survival" held at the Marriott Hotel, Ft. Lauderdale, Florida on November 19 and 21, 1982.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously the Board authorized funds under Lake County Ordinance 1982-1 in the amount of $100.00, payable to the Florida Sheriff's Association for the Florida Sheriff's Association Mid- Winter Conference to be held January 23-26, 1983.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board authorized funds under Lake County Ordinance 1982-l in the amount of $162.50, payable to the Seminole County Sheriff's Department Employee's Benefit Fund for the 10th Edition of the "Florida Criminal Law Handbook for Peace Officers", as requested by Sheriff Noel E. Griffin, Jr.
AMBULANCES-HOSPITALS/EMERGENCY SERVICES
Mr. Watkins reported on the status of the Federal Communications Commission licensing on the radio console owned by Lake County moved from the City of Leesburg Fire Department to Leesburg Regional Medical Center. Mr. Watkins stated that due to the fact that the transmitter had not been moved and was licensed under Lake County, Florida, Emergency Medical Services, it had not been required to change the licensing.
Mr. Watkins reported that the phone company had been instrumental in the move and the cost of the move would be broken out between the different users, named as Leesburg Regional Medical Center, South Lake Memorial, Lake Community Hospital, Waterman Memorial Hospital and the Northwest Ambulance District. Mr. Watkins gave the Board the breakdown of charges for each of the above.
Mr. Watkins stated that Chief Taylor, Leesburg Fire Depart- ent, had informed them of the name in which the license was issued and Mr. Watkins stated that Chief Taylor had been informed that no change in the licensing was to be made at the present time. Mr. Watkins also stated that the Administrator of Leesburg Regional Medical Center would be contacted on Wednesday, December 8, 1982, and informed that no licensing was to be changed.
Discussion occurred regarding the possibility of moving the tower and checking to see if it would be economically feasible to move it. The Board also discussed a grant available for an Emergency Operations Center and a 50% match on equipment for such a center.
RECESS AND REASSEMBLY
At 12:OO noon the Chairman announced that the Board would recess for lunch with each Commissioner lunching individually. The Board reconvened at 2:00 p.m. for the postponed Code Violation case.
CODE VIOLATION
ZV-82-90 - Neal Smith
As this was a postponed case, the Board reviewed that this alleged violation was one of a commercial office in a planned commercial zoning area without a site plan.
Commr . Carson stated that attempts had been made to clear this technical violation by meetings with Mr. Smith and staff members. Mr. Jerry Sexton, Planning and Zoning Coordinator, stated that every possibility had been explored of resolving the violation and either it was an economic hardship on Mr. Smith or not feasible under the Zoning Ordinance. It was noted that the staff recommendation was to declare Mr. Smith in violation and grant him thirty days to comply.
Mr. Smith addressed the Board stating that the mobile home was on forty acres and he did not feel that the location of this mobile home was a detriment to Lake County. Mr. Smith quoted from the Book of John, Chapter Eight, of the New Testament.
On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board found Mr. Smith in violation of Ordinance 1971-6, Section 691, and granted him thirty days to comply.
Commrs. Smoak and Burhans voted "NO".
FIRE DISTRICTS/PUBLIC WORKS
Michael C. Willett, Director of Development and Public Works addressed the Board and submitted for their consideration a memorandum of December 7, 1982 outlining a scope of study for fire protection services. Mr. Willett explained the memorandum and the seven items to be addressed in the study.
Discussion occurred regarding the financing of the fire protection services and the present system of relying primarily on ad valorem taxes placing a heavy burden on certain classes of property owners funding a disproportionate share of the services.
Discussion occurred regarding items needing to be studied prior to addressing some of the points outlined in Mr. Willett's memorandum. The Board requested that Chris Ford, County Attorney, research and report to the Board whether or not a referendum would be required by law to change portions of the taxing structure within fire districts. Mr. Ford stated that it was his feeling that a referendum would be required; however, he would research this item and report back.
Commr. Smoak requested that background information be provided to the Board on how many fires the districts respond to on a yearly basis, how many structures burned, and any other basic data collection in order to understand how the services of the fire districts relate to the funds received by the fire districts. Commr . Smoak also requested that information on municipal fire departments and volunteer fire departments be collected to compile a comparison of services offered in Lake County for fire protection.
Discussion occurred regarding alternate methods of financing regarding the existing inequity to certain classes of property owners funding a larger share of the services and not having as much of a need for said services. The Board requested staff to determine whether or not it would be feasible through the records of the Property Appraiser to determine if it would be possible to separate improved land from unimproved and a millage formula to assess a higher millage to improved land than to vacant land in order to generate the same dollars.
The Board requested that the following three items be included in the study:
1. Level of coverage in the existing fire districts.
2. Revenue picture of each of the fire districts.
3. Opinion from the fire districts on their capability of expanding coverage, upon request, in the peripheral areas of their districts.
Discussion also occurred regarding the feasibility of volunteer and municipal fire departments responding outside their designated area but in the vicinity through interlocal agreements.
Mr. Willett stated that the staff appointed would address the recommendations outlined above, compile the information and bring it back before the Board at a later date.
BONDS/MUNICIPALITIES
Mr. Bob Little, R. H. Little & Associates, Nashville Tennessee, addressed the Board requesting the Board consider an inducement Resolution for the purpose of providing elderly housing. Mr. Little informed the Board that the facility proposed was a congregate living facility on a proposed site of 4.5 acres located within the City of Tavares. Mr. Little stated it would be a three story, ninety four unit structure, financed through a tax exempt bond issue. Mr. Little supplied to the Board photographs of similar facilities of the one they are proposing.
Mr. Howell Campbell, III, W. N. Estes, Nashville, Tennessee, addressed the Board and explained to the Board the similar facilities he had been involved in. Mr. Campbell explained to the Board that he was the bond underwriter. Mr. Campbell stated that the bonds would be non-rated, uninsured bonds, strictly first mortgage revenue bonds.
Mr. George Mueller, Tampa, Counsel for W. N. Estes, addressed the Board regarding this project. Mr. Mueller stated his credentials in this field and informed the Board that May Zima of Daytona Beach would be doing the feasibility study for this project. Mr. Mueller stated that the Inducement Resolution requested for this project was simply to allow further work to be done on this project and such costs incurred be included in the bond issue, should such bond issue be implemented. Mr. Mueller stated that all costs incurred after the Inducement Resolution was passed can be paid by the bond issue only if a Bond Resolution is approved. Mr. Mueller stated this project was estimated at 5.5 million dollars and they were looking at 90%- 00% financing.
Mr. Mueller was questioned why the Board of County Commissioners was contacted rather than the City of Tavares since the project was located within the City Limits of Tavares and were informed that it was their understanding that the City of Tavares had never done an industrial revenue bond issue and since Lake County was familiar with the process, and either Lake County or the City of Tavares could pass the Inducement Resolution, they had elected to speak to the County Commission first.
Shirley Murray, Beard Coffman Realty, addressed the Board stating that the City of Tavares had not been contacted regarding this project; however, a similar private project privately financed, had been approved earlier, but was never completed.
The Board informed those present representing the project that the Board would not act on a project of this nature without approval of the City Council of Tavares. The Board indicated to those present that since the city could issue the Inducement Resolution that the City Council be given the option to consider the resolution rather than the County Commission. The Board requested that the representatives for the project meet with Tavares City Officials for consideration by the City Council of Tavares.
FAIRGROUNDS/CONTRACTS, LEASES & AGREEMENTS
Mr. John Whitaker addressed the Board requesting a meeting between Mr. George Johnson, Fairgrounds; Michael Willett, Director of Development and Public Works: Commr. Claude Smoak; Chief Spears, Eustis Police Department; and Lt. Hodges, Eustis Police Department. A meeting was tentatively scheduled for Thursday, December 9, 1982, and Mr. Whitaker was informed that when a time was scheduled Mr. Willett would contact him.
COMMUNICATIONS
Commr. Carson stated that an invitation had been received from Mort Aulls, Attorney, for the Attorney's annual Christmas party to be held at Pine Meadows Country Club in Eustis on Friday, December 10, 1982, starting at 7:30 p.m.
Commr. Carson stated an invitation had been received from Mr. Jerry McDowell for the Commissioners to attend the Christmas Party at the Senior Citizens Center in Leesburg on Friday, December 10, 1982, at 1:00 p.m. to 4:00 p.m.
AMBULANCES-HOSPITALS/EMERGENCY SERVICES
Commr. Carson stated that he had received the recommendations of Dr. Langley for the proposed task force regarding the radio console and the possibility of a combined communications system. Commr. Carson stated that Dr. Langley had not listed a recommendation for Emergency Medical Services but had recommended the following persons:
1. Joe Stephany, Lake County Emergency Services Department, recommended as Chairman of the task force.
2. Dr. Langley recommended as Vice Chairman.
3. Bill Compton, South Lake Memorial Hospital, recommended as representative of ambulances.
4. Rex Taylor, City Manager of Leesburg, recommended as representative of municipalities.
5. Roy Tremain, Mt. Dora Fire Department, recommended as representative of fire protection.
6. Major Wayne Allen or David Johnson, Lake County Sheriff's Department.
7. A representative from the County Commission.
a . A representative from Emergency Medical Services.
Discussion occurred regarding earlier proceedings of the day wherein it was determined that the licensing for the console would remain in the name of Lake County and the fact that the radio was now in working order to dispatch for the Northwest Ambulance District. Discussion took place regarding the suggestions of committee members. No action was taken regarding the appointments.
There being no further business to be brought before the Commission, the meeting adjourned at 4:05 p.m.
JAMES R. CARSON, JR., CHAIRMAN
JAMES C. WATKINS, CLERK
CBR/12/9/82