A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
MARCH 15, 1983
The Lake County Board of County Commissioners met in regular session on Tuesday, March 15, 1983, at 9:00 a.m. in the Board of County Commissioners Meeting Room, Courthouse, Tavares, Florida. Commissioners present at the meeting were: Thomas J. Windram, Chairman; James R. Carson, Jr.: Claude Smoak; C. A. "Lex" Deems, and Glenn C. Burhans. Others present at the meeting 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.
MINUTES
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the Minutes of March 8, 1983, as amended.
ANIMAL CONTROL/MOSQUITO CONTROL
Commr. Smoak informed the Board that Mr. Yoder, Director of Mosyuito Control, has completed the conversion of the new Ford pick-up truck, recently purchased by the Lake County Animal Shelter, into a flatbed which included the construction of the impoundment cage and the construction of three portable cages. Commr. Smoak commended Mr. Yoder on the work done on the conversion of the truck.
The Board directed Commr. Smoak to contact Ms. Thorp, Animal Shelter Supervisor, to see if the Animal Shelter has sufficient number of traps.
JAIL
Commr. Deems invited the Commissioners to attend a two-day Jail Study Seminar being held at the Community Building in Leesburg, March 16, and 17, 1983, at 9:00 a.m.
BONDS CONTRACTOR
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the following contractor bond cancellation:
956-72 Norman D. Swartz
REPORTS
On a notion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue, Traffic/Criminal Cases for the week ending March 4, 1983, ($7.852.16).
ACCOUNTS ALLOWED/INDIGENTS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved payment of warrants #31353 through #31629 for the following accounts:
General Revenue County Transportation Trust Fund
Fine & Forfeiture Mosquito Control
Aquatic Weed Northeast Hospital
Northeast Ambulance Northwest Ambulance
Section 8 CETA
COR Buildings Nursing Home
Landfill County Wide Library
Special Assessment
The motion also approved payment for the following Indigents:
APPROVE
Daniel McClendon for Leonard Morrison $50.00/March
Atlantic Bank for Annie Pearl Wright $50.00/March
Robert Maxie (Higgley Investment)
for Donna Del Busto $50.00/March
Ernest Haupt for Diane Hastings $50.00/March
LICENSES & PERMITS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board revoked the gun permit and bond for Anthony E. Landis as he is no longer working as a prison crew guard for Lake County.
ASSESSMENTS
On a motion by Commr. Carson, seconded by Commr. Smoak and
carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign the Satisfaction of Assessment Lien for John W. Davis, Jr., Sparks Village Subdivision.
RESOLUTIONS/PUBLIC HEALTH
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board authorized that a resolution be sent to the State in opposition to the closing of A. G. Holley State Hospital.
AGRICULTURE CENTER/GRANTS
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board authorized the Chairman to sign the final report on the grant to construct the greenhouse at the Agricultural Center.
ORDINANCES/ASSESSMENTS
At 9:15 a.m. the Chairman announced the time had arrived for the Public Hearing to discuss the proposed Ordinance amending Ordinance 1982-9 relating to Special Assessments.
It was noted that the proper proof of publication was on hand as it appeared in the February 25, and March 9, 1983, editions of the Sentinel Star, Lake Little Sentinel.
Mrs. Francis Oberholtzer, Yalaha, addressed the Board to discuss the method of payment for the assessments.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board placed the proposed Ordinance on the floor for its first and final reading:
AN ORDINANCE AMENDING LAKE COUNTY ORDINANCE 1982-9 WHICH RELATES TO SPECIAL ASSESSMENT OF ABUTTING PROPERTY OWNERS BY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS AMENDING SECTIONS 2, 4, 5, and 6 TO PROVIDE A NEW PROCEDURE FOR ADOPTING SUCH RESOLUTIONS; AMENDING SECTION 8 TO CHANGE THE TIME WHEN ASSESSMENTS BECOME DUE AND PAYABLE; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE.
On a motion by Commr. Carson, seconded by Commr. Burhans and
carried unanimously, the Board adopted Ordinance 1983-5 as read by title only on its first and final reading.
COUNTY PROPERTY
On a motion by Commr. Deems, seconded by Commr. Carson and
carried unanimously, the Board approved to delete the following
items from the Fixed Assets list:
PROP.# DEPT. ITEM AMOUNT REASON
3117 Nursing Home Water Cooler $ 75.00 To be junked
4225 Nursing Home Armchair 33.45 To be junked
4228 Nursing Home Rocking Chair 90.85 To be junked
5140 Surplus 4 Dr. Wood Cab. 34.34 To be junked
5200 Surplus Dishwasher 229.95 To be junked
Total $463.59
RESOLUTIONS/AMBULANCES-HOSPITAL DISTRICTS
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign the Resolution Regarding Emergency Medical Services, Certificate of Public Convenience and Necessity for the Northeast Ambulance District.
SHERIFF'S DEPARTMENT/EMERGENCY SERVICES
Mr. Watkins, Clerk, addressed the Board regarding the
relocation of offices in the Sheriff's Department to the Juvenile Shelter (presently housing the Emergency Services Department) and relocating the Emergency Services Department to a portion of the ground floor of the Jail. He stated that Sheriff Griffin and Robert Lewis, Director of Emergency Services, were both in agreement with the relocation.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Building Committee and approved the relocation of offices in the Sheriff's Department to the old Juvenile Shelter and the Emergency Services Department be relocated to a portion of the ground floor of the Jail, with the Clerk's Office coordinating the move.
RESOLUTION/PUBLIC HEALTH
The Board postponed discussion on a request received from Sunny South Gainesville, Inc. for a Certificate of Need & Necessity until the first meeting in April.
CONTRACTS, LEASES & AGREEMENTS/PUBLIC HEALTH
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the amended State Contracts for Medical Examiner Services.
MEETINGS/NURSING HOME
The Board set up a special meeting for March 22, 1983, at 10:00 a.m. to interview the three resumes received from
architectural firms who are interested in the renovation for the Adult Congregate Living Facility.
ACCOUNTS ALLOWED/EMERGENCY SERVICES
On a motion by Commr. Carson, seconded by Commr. Rurhans and carried unanimously, the Board approved travel for Robert Lewis, Director of Emergency Services , to attend a Disaster Preparedness Legislative Committee meeting, March 14, 1983, in Gainesville, Florida, at an estimated cost of $97.50.
CETA
Mr. James Flowers, CETA Director, addressed the Board to discuss the Service Delivery Area designation under the Job Training Partnership Act.
He stated that the letter approved by the Board on February 8, 1983, and sent to the Secretary of State was not sufficient. Mr. Flowers presented the Board with a memorandum to be resubmitted to the Department of Labor and Employment Security.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to submit the application requesting independent Service Delivery Area designation for Lake County.
CETA/FINANCE
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved to increase the CETA Department's petty cash fund to $300.00.
CETA/ACCOUNTS ALLOWED
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved travel for James Flowers, CETA Director, and Brenda Pullum, IMU Chief, to attend a
prehearing meeting regarding past audits in Tallahassee, March 28, 1983, with all costs being paid with CETA Administrative Funds.
CETA
Discussion continued regarding the request for a Service Delivery Area designation for Lake County. It was noted that a letter supporting the Board's request had been sent to Mr. Orr, Secretary, Department of Labor and Employment Security, from Buddy MacKay, U.S. Congressman.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board authorized Mr. Flowers, CETA Director, to present Lake County's position of the Service Delivery Area Designation to the State Job Training Coordinating Council Service Delivery Area Sub-committee and make alternative arrangements that would best benefit Lake County.
MUNICIPALITIES/COURTHOUSE
Commr. Smoak reported that he had attended the Clermont City Council meeting and that the City Council endorsed the concept of a Courthouse Annex being located in South Lake County.
MOSQUITO CONTROL/ACCOUNTS ALLOWED
Commr. Smoak stated he had a request from the Mosquito Control Department to purchase a desk and a desk chair. Commr. Smoak stated that the items are not budgeted, but could be transferred from the equipment account.
Discussion occurred regarding purchasing the items from the Starke Government Warehouse. The Board instructed the Purchasing Department to see if the items might be available from Starke.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Mosquito Control Department to purchase a desk and a chair at a total cost not to exceed $545.80 with the funds being transferred from the equipment account.
MOSQUITO CONTROL/ACCOUNTS ALLOWED
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved travel for Mr. Philip Yoder, Director of Mosquito Control, and Eric Cotsenmoyer, Acting Assistant Director, to attend a Mid-Spring Meeting of the Depart- ent of Natural Resources, U.S. Army Corps of Engineers, and Directors of Aquatic Weed Control, March 23, 1983, in Jacksonville, at an estimated cost of $42.00.
ACCOUNTS ALLOWED/STATE AGENCIES/COUNTY PROPERTY
Sgt. N.H. Duttenhaver, Florida Highway Patrol, addressed the Board requesting the purchase of eight (8) new radar guns. He stated that the radar guns purchased by Lake County in 1979 are starting to create difficulties. He stated that the five (5) radar guns plus three (3) radar guns from the State could be traded in. He further stated the cost for the eight (8) new guns with the eight (8) trade-ins would be approximately $8,400.00. It was noted that the funds would have to be transferred from Contingency should the request be approved.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the purchase of eight (8) radar guns at a cost of $8,400.00 (which includes trade-ins) and if the funds are not available in any account, they will be transferred from Contingency, and approved to enter into an agreement leasing the radar guns to the Florida Highway Patrol.
Sgt. Duttenhaver introduced Trooper Jack Hoppenstedt, the Radar Officer for the Florida Highway Patrol.
CODE VIOLATIONS
Commr. Windram informed the Board he had received a letter from William Wilen, Receiver for the Washington Development Corporation, regarding action taken by the Code Enforcement Board, March 3, 1983.
On a motion by Commr. Carson, seconded by Commr. Burhans and
carried unanimously, the Board referred Mr. Wilen's letter to Mr. Ford, County Attorney, for research and that the attorney's office be authorized to take the appropriate action necessary.
INSURANCE
Discussion occurred regarding the request to include dental insurance to the County's health care insurance. Commr. Carson stated that the Insurance Committee had investigated the possibility of including dental insurance approximately a year ago and at that time it had been rejected due to the cost of the premiums. Commr. Carson stated he would research the possibility and report back to the Board.
FIRE DISTRICTS-FIRE DEPARTMENTS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board accepted the resignation of Don Johnson, Fire Commissioner for the Northwest Fire District, and directed that a letter of appreciation be sent to Mr. #Johnson.
WATER RESOURCES
Mr. Mike Willett, Development & Public Works Director, addressed the Board to discuss the Interlocal Agreement Creating the Central Florida Regional Water Supply Authority. The Board discussed the additions which had been added to the agreement. The Board also discussed questions they had concerning the project; for example, the cost of operation, the administrative structures, location of the facility, how this could affect the private developer, effect on Lake County's budget, etc.
Commr. Carson stated that he would be attending a meeting in Greenlefe on Friday and that he would try to get answers to any questions the Board might have on the project.
GRANTS/COMMUNICATIONS
Mr. James Fenner, Vice-President of Merrill Lynch, Pierce, Fenner & Smith, addressed the Board to discuss the Arts, Inc. program. He stated the State of Florida allocates a certain amount of money every year to various cultural organizations around the State. He stated that the money is given to the Fine Arts Council to be distributed to the various organizations. He stated that Lake County has had only one request for the grant monies available to Lake County.
He stated he had submitted a proposal to the Secretary of State to set up an Arts United Fund locally so that the money allocated to the counties involved could be dispersed locally. He suggested that Lake County join the other three counties--Orange, Seminole, and Osceola in the Arts, Inc. Program.
Discussion occurred regarding the Edythe Bush Matching Grant. Mr. Fenner explained that the funds had to be matched by non-business donations, funds have to be generated by individuals.
Mr. Fenner further explained that all funds allocated to Lake County would be spent in Lake County.
He stated that should the County wish to set up such an organization, a letter would have to be sent to the Secretary of State by March 17, 1983, requesting that Lake County funds be dispersed by Arts, Inc.
Mr. Fenner stated that Mr. Ted White, Merrill Lynch office in Leesburg, would be willing to assist with the formation of a local advisory committee for Lake County.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved that a Resolution be drawn in support of Arts, Inc. and petition the State to designate Arts, Inc. as a recipient of block grant funds for cultural affairs for Lake County. On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board authorized the formation of an ad-hoc committee to investigate and to make recommendations to the Board on the formation of the advisory group who will work with Arts, Inc. in the distribution of funding allocated to Lake County and appointed Mr. Ted White as temporary chairman subject to the selection of an advisory group. Mr. Fenner suggested that individuals donating monies to the program serve on the advisory group.
The Board further authorized Commr. Windram to correspond with Mr. Fenner regarding the action taken by the Board.
PUBLIC WORKS AGENDA
SUBDIVISIONS
On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the Board approved to release the Escrow Maintenance Agreement on Green Tree Subdivision.
Commr. Smoak was not present for the vote.
SUBDIVISIONS
On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board accepted Fairview Heights Subdivision plat for recording, accepted their $1,500.00 Maintenance Bond, and accepted Fairview Court #4-5070 into the County maintenance system. Commr. Smoak was not present for the vote.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board accepted Montverde Mobile Home Subdivision, 2nd Addition plat for recording, accepted an Irrevocable Letter of Credit for grassing and mulching in the amount of $1,887.16, accepted an Irrevocable Letter of Credit for maintenance for $11,659.00, and accepted Elderberry Drive #3- 869 into the County maintenance system.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board accepted Cypress Point Subdivision plat for recording, accepted an Escrow Agreement for grassing and mulching in the amount of $1,300.00, accepted a Maintenance Bond in the amount of $4,300.00 and accepted the following roads into the County maintenance system:
Savage Circle #2-3138 Savage Court #2-3138A
PUBLIC WORKS
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board authorized the Public Works Department to perform a soil test on Stoke's grove property by Log House Landfill, at an approximate cost of $l,OOO.OO.
PUBLIC WORKS/EDUCATION
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request from Sunrise Workshop to double-surface treat their driveway.
SUBDIVISIONS
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously ,the Board accepted the Maintenance Plat on
05, Casteen Road #2-4106, and Youngs Road Flatwoods Road #2-41 #2-4006.
ROADS - COUNTY,STATE/PUBLIC WORKS
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to send a resolution to the State for the purpose of transferring title of surplus property on State Road 42.
BIDS/MUNICIPALITIES/ROAD PROJECTS
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board award Project #9-83, Mt. Homer Road #4-4955 and Kurt Street, to Superior Asphalt, Inc., in the amount of $110,224.25.
ROAD PROJECTS/ACCOUNTS ALLOWED
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved partial payment to Leecon, Inc., for Project No. SA-5 Sunnyside Drive, Palm Street, Oak Street, and Cedar Street in the amount of $52,754.40. (County Funding).
On a motion by Commr. Deems, seconded by Commr. Smoak and carried, the Board approved a partial payment to Martin Paving Company for SR 42 in the amount of $17,791.31 and a final payment in the amount of $63,596.43 for a total payment of $81,387.74, (Secondary Funding).
Commr. Burhans voted "No".
SIGNS/PUBLIC WORKS
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request from Susan Dalton to post "No Dumping" signs on Rollingwood Trail #5-6882.
PUBLIC WORKS/SIGNS
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board authorized the Public Works Department to place "No Dumping" signs, upon request, where the Public Works Department deems necessary.
SIGNS/PUBLIC WORKS
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the request from Silver Lake Estates that "No Dumping" signs be posted along the following roads:
1. Torwoodlee Lane, #l-5430 (2)
2. Haines Creek Road, C-473 (2)
3. Poe Street, #5-5837 (1)
4. Sleepy Hollow Road, #l-4523 (1)
ROAD PROJECTS/ACCOUNTS ALLOWED
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved a change order for Asphalt Pavers, Inc., on Project No. 7-83, Countywide Resurfacing for the resurfacing of C-44A from the intersection of C-450 to Whitcombe Avenue in Umatilla for a total increase of $63,851.76.
ROADS - COUNTY/STATE
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved to release the following road reservations from the Department o f Transportation from the following deeds:
#1413, All but 20 feet from the centerline of Lucas Street. (Department has letter from City of Leesburg)
#2504, All but 33 feet from the centerline of Groveland Street, Beach Street, Illinois Avenue and Michigan Avenue. (Department has letter from the City of Groveland)
DEEDS
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board accepted a right-of-way deed on 124 from Gladys S. Biggers. Sunnyside Drive #l-4
PUBLIC WORKS
Mr. Mike Willett Director of Development & Public Works, addressed the Board to discuss the possible purchase of a gradall. He stated that the Public Works Department has been renting a gradall from H. F. Mason. He further stated that Mr. Eason, representative for H. F. Mason had quoted him a purchase price of $98,750.00, a new machine costing approximately $160,000.00. Mr. Willett stated that the County has not had any problems with the machine.
It was noted that there were not funds available in the Public Works Account for the purchase of the gradall.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board authorized the purchase of the gradall for the Public Works Department and authorized Mike Willett and Commr. Deems negotiate with H. F. Mason regarding the price, subject to final approval of the Board.
MUNICIPALITIES/PUBLIC WORKS
Mr. Mike Willett, Director of Development & Public Works, addressed the Board to discuss a problem with the pavement on Georgia Avenue (Astatula). He explained that when the road was built, there was roughly two feet added on to widen it. The two feet did not include a base; therefore, the road is breaking off to where it is exposing the base and sub-base. He recommended that the Public Works Department put down a limerock base and top it with asphalt to take care of the cracking.
It was pointed out that it was the responsibility of the City of Astatula to maintain the road.
It was noted that the approximate cost to do the job would be $500.00.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board authorized the Public Works Department to do the necessary repairs on Georgia Avenue.
EDUCATION
Mr. Mike Willett, Director of Development & Public Works, reported that Kathy McDonald and Lonnie Strickland would be attending a meeting this morning on preparing the grant application for the Summer Lunch Program. He further stated that Mr. Strickland, due to the renovations of the Nursing Home into an Adult Congregate Living Facility, would be assisting with the Summer Lunch Program.
BONDS - MOBILE HOME
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from James A. Bullington, Jr. - Pine Island Area - District #5, to live in a mobile home on the same piece of property on which his conventional dwelling is being built, subject to the proper bonds being posted and with the stipulation that the mobile home will he removed upon completion of the conventional dwelling or upon the request of the Board of County Commissioners.
The motion also included the cancellation of mobile home bond for George Barron in that the conventional dwelling unit has been completed and the mobile home removed from the property.
SUITS AFFECTING THE COUNTY/ZONING
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board authorized Mr. Ford, County Attorney, to accept service in regards to the suit with the Coca Cola Company.
JAIL/SUITS AFFECTING THE COUNTY
Mr. Ford, County Attorney, presented the Board with a memorandum regarding the Jail suit. He stated that the suit had been dismissed by the Judge but would be refiled at a later date.
RECESS & REASSEMBLY
At 11:40 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 CLOSINGS
Petition #310 - Part of Hood Avenue
Mr. John C. Williams, attorney representing the Petitioner, was present to discuss the road closing with the Board.
It was noted that the proper proof of publication was on hand as it appeared in the February 23, 1983 and March 2, 1983, editions of the Sentinel Star, Lake Little Sentinel.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved to vacate that part of Hood Avenue, according to the plat of the Town of Conant recorded in Plat Book 1, page 8, Public Records of Sumter County, Florida (now Lake County) lying East of the east line of Third Street, and Westerly of the easterly line of the Seabord Coast Line Railroad right-of-way in Section 8, Township 18 South, Range 24 East, Lake County, Florida for Frederick and Phyllis Miller by John C. Williams, Jr., as per petition #310.
Petition #311 - Two Unnamed Roads
No one present wished to discuss this road closing with the Board.
It was noted that the proper proof of publication was on hand as it appeared in the February 23, 1983, and March 2, 1983, editions of the Sentinel Star Lake Little Sentinel.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved to vacate two unnamed roads running south from District Road #5-8134 and paralleling with C-452 (each road approximately 609' long). The first road being approximately 300 feet and the second road approximately 995 feet west of C-452 being in Blocks 10 and 11 of the unrecorded Plat of Higley in Section 1, Township 18 South, Range 25 East, Lake County, Florida for James Paynter, Jr. and James Adams as per petition #311.
Petition #312 - Road Right-Of-Way
Mr. Jay Vander Meer, Petitioner, was present to discuss the road closing with the Board. He read a statement which stated that the plat was never accepted by the County; therefore, the road should have never been dedicated.
Commr. Smoak expressed his concerns of vacating the road which was used as a public access road going into Plum Lake. He questioned if Mr. Vander Meer would be willing to give a 10 foot access easement going into Plum Lake should the request be granted. Mr. Vander Meer stated he would agree to give a 10 foot access easement.
It was noted that the proper proof of publication was on hand as it appeared in the February 23, 1983 and March 2, 1983 editions of the Sentinel Star, Lake Little Sentinel.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to vacate that road right-of- way lying along the South boundary of Tract 57 in Section 8, Township 22 South, Range 26 East and the North boundary of Tract 8 in Section 17, Township 22 South, Range 26 East according to the map showing the property of Lake Highlands Company, as recorded in Plat Book 3, page 24, Public Records of Lake County, Florida, subject to Mr. Vander Meer giving the County a 10 foot access easement giving access into Plum Lake, for V. M. Groves, Inc., by J. M. Vander Meer, as per Petition #312.
ROAD CLOSING - Permission to Advertise - #313
No one present wished to discuss this request with the Board.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request to advertise to vacate all that portion of an unnamed road south of Lot 4, 15 Block E and north of Lake Dot, as shown on the plat of Cypress Haven Subdivision, Unit 1, recorded in Plat Book 14, page 15, Public Records of Lake County, Florida for Lewis Townsend, as per petition #313.
ROAD CLOSING - Pemission to Advertise - #314
Mr. Mike Stearman, petitioner, was present to answer any questions the Board might have.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request to advertise to vacate the 50 foot right-of-way (more or less) lying west of Lots 25 and 26 and east of the Park in Block 43, Mt. Plymouth Subdivision, Plat Book 8, page 85, Public Records of Lake County, Florida for Michael and Allyn Stearman, as per Petition #314.
ROAD CLOSING - Permission to Advertise - #315
Mrs. Jean Stephens, C & S Homes, addressed the Board regarding this request. She stated that this road closing had been before the Board with the request of closing Michigan Avenue between Second Street and Umatilla Place. She stated that at that time, the Board recommended that the request be revised to include closing Michigan Avenue between Umatilla Place and First Street. She further stated that should the road closing be approved, the owners of Lot 79 and 80 would be given a 25 foot easement on the east side of Michigan Avenue.
Mrs. Adrian Lowe, Dave Lowe Realty, addressed the Board regarding the road closing. She presented the Board with a packet of letters from property owners stating that they would be willing to deed the property over to those people who do not have access.
Mr. Willett, Director of Development & Public Works stated that if the road is closed, it would allow development of lots under the 12,500 requirements.
It was noted that Mr. Gilliam's two lots (79 & 80)would have to go before the Board of Zoning Appeals for a building permit.
Mr. Willett stated that this closing could possibly hurt his chances of obtaining a variance.
Discussion continued regarding leaving a SO' easement and if
a 50' easement is given, then Mr. Gilliam might have a better
chance with the Board of Zoning Appeals.
Commr. Smoak moved to advertise the road closing of Michigan Avenue from Second Street to Umatilla Place. The motion died for a lack of a second.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request to advertise to vacate Michigan Avenue between Second Street and Umatilla Place and between Umatilla Place and First Street, being a part of Eustis Park Subdivision and Lots 140 through 150 Block 4 and Lots 79 and 80 Block 3, all being in Section 26, Township 18 South, Range 26 East, Lake County, Florida for Smith, Przybyla, Simmons, and Gilliam, as per Petition #315.
Road Closing - Petition #316 - Permissson to Advertise
Mr. Robert Williams, attorney representing the petitioner, was present to discuss this request with the Board. He stated that there was a 50' foot deeded easement across the west side of his client's property. Be explained that a road easement was given to the County on the condition that it be used for road purposes and should it not be used for that purpose, the deed would revert back to the grantor.
Discussion occurred regarding access for the property owner located on the back side of Mr. Edward's property. Mr. Williams requested that the Board postpone this request for another month so that he could do more research regarding access for the other property owner. The Board postponed this request to advertise for a road vacation.
SUBDIVISIONS
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board accepted Plum Lake Estates Subdivision plat for recording and accepted an Escrow Agreement in the amount of $16,612.00, subject to Lake County receiving a 10 foot easement for access to Plum Lake from Mr. Vander Meer.
PUBLIC WORKS/SUBDIVISION
Mr. Wayne Saunders, Crescent View Subdivision, addressed the Board requesting the Board to consider a 16 foot width of pavement for the roads in Crescent View Subdivision so they may be considered for improvements under the Road Program Policy.
Mike Willett, Director of Development & Public Works, stated that under the Road Programs Policy an 18 foot road is required.
Mr. Saunders stated that there were problems with widening the road to 18 feet. He stated that there were large trees lining the road and water pipes running close to the road.
The Board instructed Mr. Benedum, Public Works Coordinator, to inspect the roads in Crescent View Subdivision and come back to the Board with a recommendation.
MUNICIPALITIES/PUBLIC WORKS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board denied the request from the City of Umatilla for the County to render assistance in the resurfacing of Cassiday Street and East Lake Street.
ASSESSMENTS
Mr. Mike Willett, Director of Development & Public Works, addressed the Board to discuss the proposed Special Assessment and permission to bid the road work for North Palm Circle in Eustis Heights Subdivision.
No one present wished to discuss this road closing with the
Board.
Mr. Willett stated that the Public Works Department had a minor problem with the proposed assessment. He stated that a portion of the road is paved and the remainder of the road is clay. He further stated that 55% of the property owners on the whole road had signed the petition. He stated that the property owners were informed that since a portion of the road was paved and the other was clay, the assessment would have to be divided into two projects. He stated that Superior Asphalt was in the area on another project and it might be possible to obtain a change order from Superior Asphalt just for the paved portion of the road. Mr . Willett stated that Public Works recommended that the Board approve the assessment only on the paved portion of the road. Mr. Willett stated that before a change order was accepted from Superior Asphalt that other quotes from companies would be obtained. Commr. Smoak suggested obtaining quotes for the entire road
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the special assessment for North Palm Circle in Eustis Heights Subdivision and authorized the Public Works Department to obtain quotes from Superior Asphalt (for a possible change order) and other companies for both the paved portion of the road and the clay portion of the road.
ROADS - COUNTY, STATE/PUBLIC WORKS
Mr. Mike Eernhardt, Shockley Hills, addressed the Board regarding the upgrading of certain roads in Shockley Hills area with participation of the property owners. He stated that a committee had been formed and that committee had raised $10,000 in donations from the property owners. He presented the Board with a list of property owners which had contributed to the project. He further requested that the following roads be brought up to clay standards and be brought into the County maintenance system: Bear, Deer, Panther and part of Mallard.
ML-. Willett stated it would cost approximately $57,000 to do the entire project. He stated the reason the cost would be high was due to the location of the clay that would have to be brought in to clay the road.
Discussion occurred regarding obtaining the clay from a clay pit located in the Ocala National Forest. He stated that the best clay sources in Lake County were located around the Leesburg and Clermont areas.
The Board authorized Mr. Willett to proceed with the bidding of the project and research the possibility of obtaining the clay from the clay pit in the Ocala National Forest.
RECESS & REASSEMBLY
At 3:45 p.m. the Chairman announced the Board would recess for five (5) minutes. The Board reconvened at 3:50 p.m.
INSURANCE/SHERIFF'S DEPARTMENT
Mr. Watkins, Clerk, addressed the Board regarding adding the Sheriff's Department to the County's health insurance group policy. He recommended the Board approve for the Insurance Coordinator to negotiate with Gulf Life Insurance and should the rate be the same or a savings to Lake County, to add the Sheriff's Department to the policy, the Board would look favorably on the request to include the Sheriff's Department.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the recommendation of Mr. Watkins for the Insurance Coordinator/Insurance Committee to negotiate with Gulf Life in obtaining quotes to add the Sheriff's Department to the County's health insurance group policy.
PLANNING DEPARTMENT
Mr. Jerry Sexton, Planning Coordinator, addressed the Board to discuss the Lake County Subdivision Regulations - Section 113 Waivers - requirement for SO foot dedicated easement constructed to meet County clay roads.
Mr. Sexton discussed the following amendments to the Subdivision Regulations:
1. Section 113.22 (C) - Limits not only the number of lots that can be subdivided from any one (1) tract, but also limits the number of five (5) acre tracts that can be subdivided and serviced on the easement.
2. Section 113.22 (D) - Provides for an administrative waiver for the width of the easement.
3. Section 113.22 (E) - Provides for an administrative waiver of physical improvements.
4. Section 113.22 (F) - Provides that the maximum distance of a subdivision from a publicly maintained road be no more than 1,320 feet.
5. Section 113.22 (G) - Established a minimum lot width of 150 feet.
6. Section 113.22 (H) - Established that an easement cannot be included as part of the lot in Agriculture (A) and Ranchette (RA) zoning districts.
7. Section 113.22 (I) - Establishes fees
Mr. Steve Richey, attorney, also addressed the Board to discuss the amendments to the Subdivision Regulations.
Discussion occurred regarding setting up a procedural manual which would grant the Board of Zoning Appeals the authority in specific circumstances to review variance procedures on a case by case basis instead of changing the Ordinance. It was suggested that this be referred back to the County Attorney and Planning Department to review a repeal procedure and report back to the Board with a recommendation. Discussion continued regarding the Board meeting the fourth Tuesday every month to discuss and approve the waivers.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board referred the amendments of the Subdivision Regulations to the County Attorney and the Planning Department for further review and to come back before the Board with recommendations.
GRANTS/RESOLUTIONS
Mr. Ford, County Attorney, presented the Board with a Resolution to be sent to the State of Florida regarding Arts, Inc. Commr. Smoak suggested that the wording "The Resolution shall apply for the Fiscal Year 1983", be included in the Resolution.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the amendment to the Resolution.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved and authorized the
Chairman and the Clerk to sign the amended Resolution designating Arts, Inc. as a recipient of block grant funds for cultural affairs for Lake County and that it be forwarded to the proper officials in Tallahassee prior to March 17, 1983.
There being no further business to be brought to the
attention of the Board, the meeting adjourned at 4:45 p.m.
Thomas J Widram, Chairman
Jame C. Watkins, Clerk
mcy/3-18-83