A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
APRIL 5, 1983
The Lake County Board of County Commissioners met in regular session on Tuesday, April 5, 1983, at 9:00 a.m., in the Board of County Commissioners Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Thomas J. Windram, Chairman; James R. Carson, Jr.; Claude E. Smoak, Jr.; C. A. "Lex" Deems; and Glenn C. Rurhans. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney: and Cathy B. Roy, Secretary.
The invocation was given by Commr. Carson and the Pledge of Allegiance was led by Commr. Deems.
Mr. T. H. Poole, President, Tri-City NAACP, addressed the Board to present a petition from black residents of the Lady Lake area requesting the Board or any other governing body or agency having jurisdiction to rectify problems caused by the pumping being done by the Town of Lady Lake from Oak Grove Mobile Home Park onto land in the vicinity of homes of the petitioners. Mr. Poole submitted to the Board a sample of water from one of the wells in the area.
Commr. Deems stated that Pollution Control had collected samples earlier; however, the results had not been received. Mr. Poole was assured that the Board will follow up on the sample given by Mr. Poole. It was noted that the pumping had stopped at this time; however, the Town of Lady Lake had initiated the permitting process from the Department of Environmental Regulation to resume pumping.
Mr. Poole stated he would supply the Board with a list of everyone who felt their water had been affected by the pumping.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the minutes of March 15, 1983, as submitted.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the minutes of March 22, 1983, as submitted.
Commr. Carson stated that he had a preliminary report regarding the feasibility of adding dental insurance to the County insurance program.
Commr. Carson stated it would not be economically feasible to add dental insurance to the County's health insurance program: however, he had received a proposal from a firm who offered a dental plan in which the only County participation would be to make the payroll deductions. Commr. Carson stated this firm contracts with local dentists to provide the services to those participating in the program with the costs to the participants as follows:
Employee plus one other $12.00/month
Family (three or more) $16.00/month
Commr. Carson stated that this was only for cleanings, fill- ngs and normal preventative care and did not include root canals, caps, etc. Commr. Carson stated these others services would be offered at a lower rate.
The Board authorized Commr. Carson to look into this plan and others of this nature to report to the Insurance Committee and back to the Board at a later date.
ACCOUNTS ALLOWED/ANIMAL SHELTER
Commr. Smoak reported to the Board that Frankie Thorp, Animal Shelter Supervisor, had submitted a report to him that in order to supply dog and cat traps to the public with the maximum of a one week waiting period, it would be necessary to purchase additional traps.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board authorized the expenditure of $600.00 for nine dog traps and six cat traps. Included in the motion was that the Animal Shelter contract with Mosquito Control to build the dog traps and to purchase the cat traps from the normal supplier. Also included in the motion was the necessary transfer from Contingency to the Animal Shelter Equipment Account.
Commr. Smoak reported that he had received the preliminary plan for Lake and Sumter Counties from the District III Mental Health Board. Commr. Smoak reported the plan basically called for increased emphasis on the alcohol abuse program. Commr. Smoak stated the plan would be available for review by the other Commissioners. Commr. Smoak stated no action was necessary at this time; however, if any of the Commissioners have a problem with the presented plan, we need to inform them of this. Commr. Smoak stated that the plan requested a 5% increase in funds from the State and reminded the Board that if we approve the basic plan, that in the approval we also approve the funding requested for the plan.
PUBLIC WORKS/ROADS, COUNTY & STATE
Commr. Smoak reported on a major problem with a road in Montverde, coming off of 455, joining into Ridgewood in the area of Vinola Gardens. Commr. Smoak explained the problem and the Board authorized the Public Works Department to look into this problem and report back to the Board with solutions to this problem, to be placed on the next Public Works Agenda.
ACCOUNTS ALLOWED/PUBLIC WORKS
Commr. Deems reported that at the last Commission meeting, the Board authorized him to negotiate in the purchase of a gradall from H. F. Mason. Commr. Deems reported that H. F. Mason had stated they would accept $94,500 for the gradall with a $4,500 credit for parts and repairs.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board declared an emergency and authorized the Public Works Department to offer, for immediate purchase, $90,000 for the gradall, with a six months warranty included in the price of $90,000.
PUBLIC WORKS/ROADS, COUNTY & STATE
Commr. Windram requested that the Public Works Department
inspect a possible problem reported to him with a catch basin at
the corner of South and Morningside, Mount Dora.
PUBLIC WORKS AGENDA
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the bidding of road work for the Special Assessment project on East Harbor Drive and Oak Lane in Picciola Harbors Subdivision and Rohr's Addition Subdivision.
ROAD PROJECTS/OUTDOOR RECREATIONAL FACILITIES
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board authorized the signature of the Chairman and Clerk on the Project Completion Certificates for the following:
1 . Wooten Park Paving Project
2 . Tavares Recreational Park at Lake Eustis
3. Wooten Park Boat Ramp Renovation Project
4 . Herlong Park Boat Ramp Renovation
Included in the motion was the signature of the Chairman and Clerk on the Grant Payment Request and Project Agreement on the
Tavares Park Ramp improvements.
RESOLUTIONS/SHERIFF'S DEPARTMENT/OUTDOOR RECREATIONAL
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board authorized a Resolution be drawn requesting the Sheriff enforce the sunrise to sundown use restrictions on Blount's Island.
ACCOUNTS ALLOWED/PUBLIC WORKS/CONTRACTS, LEASES & AGREEMENTS
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the rental of a CAT grader with insurance for one month at $3,000.00 from Rosier Equipment.
Discussion occurred regarding the bids received on Project #10-83, Design Build Construction Lump Sum on Boy's Ranch Road Altoona Road and #5-8273. The recommendation of the staff was that the bid be awarded to the low bidder, Leecon, Inc.
Commr. Burhans moved, seconded by Commr. Carson that the bid be awarded to Leecon, Inc., low bidder.
Mr. Craig Butterfield, Superior Asphalt, addressed the Board regarding these bids. Mr. Butterfield stated that it was his impression that contractors must comply with the green book for the State of Florida and the Lake County Subdivision Regulations under the design build construction bidding process. Mr. Butterfield stated he had a problem in that Leecon had bid on a 15" drain pipe whereas the Subdivision Regulations required an 18" cross drains. Mr. Butterfield stated both Superior Asphalt and two other contractors had computed their bids based on 18" drain pipe.
Mr. Willett stated this had been discussed and Leecon had stated should the engineer require it, an 18" cross drain would be installed at the same price. Mr. Butterfield stated that his firm would also drop to the price and did not feel this was a fair way to handle this.
Considerable discussion occurred regarding the meaning of the design build construction concept. Mr. Willett stated that the bids did not have to conform to the County Subdivision Regulations.
Commr. Smoak stated that if all the bidders had bid on the same specifications then Superior would have been the low bidder.
Christopher Ford, County Attorney, stated that he did not feel it was mandatory under the design build concept that the subdivision regulations would control construction of any roads except for those in new subdivisions.
Mr. Gray, Leecon, Inc., stated that there were different requirements in the green book for the State of Florida and the Subdivision Regulations and that the County had in the past gone back and upgraded a great number of these projects subsequent to the award of the bid.
Commr. Carson called for the question and the motion carried to award the bid on Project #10-83, #5-8572 Boy's Ranch Road, #5-8272 Altoona Road and #5-8273 Design Build Construction Lump Sum Project to Leecon, Inc., in the amount of $83,848.00. Commr. Smoak voted "NO" and requested the Attorney refer to Robert's Rules of Order, in that he felt that a second and a vote was required on a calling of the question in order to end the discussion.
Commr . Smoak requested in the future that these items be resolved with the contractors prior to the bid opening or at least prior to presentation to the Board.
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved partial payment on Project No. 7-83 Countywide Resurfacing to Asphalt Pavers, Inc., in the amount of $313,082.96.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the payment of the $5,000.00 withheld on SK 450 and the final payment on SR 450 in the amount of $10,565.66 to Columbia Paving, Inc., total payment being $15,565.66 from Secondary Funding. Mr. Willett pointed out that there is a conflict in that Columbia Paving felt that an additional $2,000.00 was due because of the State requiring extra work and that they were working with Columbia on this.
COUNTY EMPLOYEES/PUBLIC WORKS/LAKE COUNTY JAIL
Mr. Willett presented to the Board a memorandum dated April 1, 1983, regarding the effectiveness of working prisoners from the Lake County Jail versus the feasibility of a labor force consisting of paid employees. Mr. Willett stated that the State of Florida had required that the guards be certified corrections officers for any positions that have become vacant over the past few years. Mr. Willett stated that institutions start a certified corrections officer at a salary of $12,300 to $12,600 per year with our starting salary being $9,800 per year. Mr. Willett also stated that a fluctuation o f the number of sentenced prisoners in jail on any given day made it difficult to schedule work projects, not knowing how many workers would be available. Mr. Willett stated that the County would see a cost savings of approximately six to seven thousand dollars, without considering the fact that the pay should.be increased to compete with other institutions for the prison crew guards, within a one year period.
Sheriff Noel E. Griffin, Jr., addressed the Board and stated that although he had no objection to abandoning the road crew, he felt the citizens of Lake County want the prisoners to work.
Mr. Willett presented a fiscal year 1982-83 budget for the Prison Guard Crew at $72,000.00 vs. a proposed labor crew budget of $65,000.00.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board authorized the immediate phase out of the prison crew and authorized the hiring of a labor crew to replace the prison crew.
FUNDS - GENERAL/ROAD PROJECTS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved and authorized execution of the voucher for transfer of funds from the Department of Transportation for $74,417.42 for the resurfacing of C-44A in the amount of $63,851.76 and SR 450 in the amount of $10,565.66.
RIGHT OF WAYS-ROADS & EASEMENTS/MUNICIPALITIES/
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved signatures on the following easements to the City of Leesburg for the Medical Examiner/ Emergency Medical Facility:
1. Temporary Construction Easement for Utility Systems
2. Utility Easement - Water and Sewer
LICENSES & PERMITS/PUBLIC WORKS
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved and authorized signatures on the application for Garbage Collection Franchise for AAA Refuse Service.
MUNICIPALITIES/ROADS-COUNTY & STATE/RESOLUTIONS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request from the Lady Lake Police Chief to change the speed limit on Lady Lake Boulevard #l-7407 from 20 mph to 25 mph.
PUBLIC WORKS/ROADS, COUNTY & STATE
On a motion by Commr. Carson, seconded by Commr. Deems and
carried, the Board approved the following one-time maintenance agreements:
1. Unnamed road in Cassia area for Gladys Howard in the amount of $100.00.
2. Skyline Drive for Helen Terpening for $30.00.
Commr. Burhans was not present for the vote.
DEEDS/RIGHT OF WAY, ROADS & EASEMENTS
On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Roard approved to accept the following right of way deeds:
1. Marion County Road #l-8010 from William E. Davison, IV and Dawn R., his wife.
2. O'Brien Road #3-2427 from M. Sydney Sperry.
3. Grays Airport Road #l-7310 from Richard C. Tranor and Jeanette, his wife.
4. Carter Island Road #2-1204 from Robert E. Bridges.
5. Haines Creek Road C-413 from Scottish Highlands, Inc. by John A. Pringle, President.
6. From the following persons on Swan Road:
b. Garland R. Bartling and Catherine, his wife.
c. John B. Edwards and Jeanie, his wife.
d. Dorsey Frabott.
e. Mary L. Windsor.
f. Nellie M. Harper and James E. Harper.
Robert L. Heid, Trustee
h. Pitt L. Horn and Jo Catherine, his wife.
i. Thomas B. Adair and Mildred, his wife
Richard F. Lunsford and Ellen J., his wife.
k. Charles 0. Shoemaker and Larue D., his wife.
l. Helen H. Dicken.
m. Robert Andrew Simpkins, Jr.
n. Robert A. Simpkins and Lassie Jean, his wife.
o. Robert Molinary and Marie E., his wife
p. Betty Sue Garret and Logusta Poole and Margie, his wife.
q. Nicholas Tijerina and Hazel, his wife.
r. Paul R. Ihrig
s. Maurice J. Cobb and Sherry Ann, his wife.
t. Logusta Poole and Margie, his wife.
u. Richard J. Hanley and Doris M., his wife.
v. Vern A. Jensen.
w. T. S. LaMotte and Willa Dean, his wife.
x. Daniel Chaisson and Frances, his wife.
Commr. Burhans was not present for the vote.
ACCOUNTS ALLOWED/POLLUTION CONTROL
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board authorized the travel request for Robert Erickson, Technical Services Supervisor and Richard Roof, Lab Technician, in Pollution Control to attend the Florida Society of Environmental Analysts meeting in Tampa, Florida, on April 29, 1983, at an estimated cost of $40.00.
BONDS - MOBILE HOME
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved for the following persons to live in a mobile home on the same piece of property on which their conventional dwelling is being built, subject to the proper bond being posted and subject to the mobile home being removed immediately upon the completion of the dwelling or upon the request of the Board of County Commissioners:
1. James and Linda Rogers - Haines Creek Area - District #l
2. Sonna Lou Vitter - Howey-in-the-Hills Area - District #3
Included in the motion was the renewal of the mobile home bond for Randell L. Harvey - Grand Island Area - District #5.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the cancellation of the following bonds upon completion of construction of a conventional dwelling unit and removal of the mobile home:
1. Milton and Edith Welder
2. Arnold Legg.
ROADS, COUNTY & STATE
Commr . Smoak requested an update on the Hull Road project. Mr. Willett stated the survey had been completed and was in the process of being certified by Bob Farner, Surveyor. Commr. Smoak requested that when the plans were completed that Jim Stivender contact Charlie Russ to review the plans to assure Mr. Russ that
the drainage will not be a problem to him.
ROAD CLOSINGS/PUBLIC WORKS
The Board referred to Michael Willett a letter from B. G. Harmon Fruit Company requesting the closing of Gano Road and relocating said road to a new position. The Board requested that tests be run on the road in the new location.
NURSING HOME/COUNTY PROPERTY
Commr . Burhans called to the Board's attention an inventory
of items in the Nursing Home. Commr . Burhans stated Lonnie Strickland wished to declare the medical supplies surplus in order that they may be sold and that he would send copies of the inventory to area medical facilities that would be interested in purchasing the medical items.
Discussion occurred regarding other items on the inventory list and the Board requested that Mr. Strickland make this list available to other County Departments and Constitutional Officers who might be able to utilize some of these items. Commr. Deems stated that Emergency Services had requested smaller desks to be used when they move to the first floor of the jail.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board declared the medical items surplus in order that they may be offered for sale to interested parties.
ACCOUNTS ALLOWED/ADULT CONGREGATE LIVING FACILITY
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the travel request of Lonnie Strickland to attend the Florida Health Care Association Seminar in Jacksonville at a cost of $90.00.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved an expenditure of $40.00 for Lonnie Strickland to join the Associated Public Safety Communications Officers, Inc., to benefit our future operation of the Emergency Communication Console.
Commr. Burhans reported on a meeting he attended at Waterman Memorial Hospital regarding the problems of the indigent care in obstetrics. Commr. Burhans referred to a request by Waterman in November of 1982, requested that the Board consider forming an advisory committee to study the problems of the hospitals in regard to indigent care. Commr. Burhans stated that in a meeting with Everett Kelly the hospital had explored the possibility of securing State or Federal Funds to build a mid-wife or birthing center.
Commr. Smoak questioned whether the purpose of a vote in that district for a one mill tax was to fund indigent care. Commr. Carson stated it was his understanding that the bill being presented by Representative Kelly was to clarify the wording of the present bill and in the interpretation of the present bill restrictions were being placed on how the district can utilize this money.
Commr. Smoak stated that in Waterman Memorial's presentation to the Board earlier, they had stated and given public notice that they are going to close their obstetrics and emergency room services to those people located outside their district.
The Board requested that the County Attorney research the legislative bills regarding funding of both the hospital districts and ambulance districts. Commr. Smoak requested that the Board work with both the hospitals and the local legislatures on the services available in Lake County and possibly stop some of the regional competition of the hospitals in the County that are receiving public funds.
EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
Commr. Carson addressed the Board and requested Mrs. Nan Fourtney come forward. Commr. Carson stated, that since Mrs. Fourtney was unable to attend the awards banquet of the East Central Florida Regional Planning Council, that he wished at this time to present to Mrs. Fourtney, representing Lake Community Development, Inc., an award and plague presented by the East Central Florida Regional Planning Council. Commr. Carson presented the award and complimented Mrs. Fourtney for her contribution to the Lake Community Development, Inc. for their Self Help Program.
Discussion continued regarding the funding of indigent hospital care. The Board requested that the County Attorney's Office research and summarize the millage authority on the different hospital and ambulance districts. Commr. Smoak suggested that this information be submitted to the local Health Department and Department o f Health and Rehabilitative Services for their comments and definition of needs within Lake County in order to hold a.workshop session with both those agencies and the hospitals to discuss these needs.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved an expenditure of $275.00 pursuant to Lake County Ordinance 1982-1 for training purposes as requested by Sheriff Griffin for the following:
1. Executive and Cutback Management Center for Professional Development, Florida State University in Tallahassee on March 14, 15 and 16, 1983, at a cost of $175.00.
2. Florida Sheriff's Association Mid-Winter Conference at the Quality Inn, Cypress Gardens on January 23, 24 and 25, 1983, at a reimbursement cost of $100.00.
Commr . Windram reported that the Brain Bowl team from Lake Sumter Community College had participated in the State Finals; however had not placed in the finals. Commr . Windram requested a letter of commendation be written to Cliff Schindler, Captain of the Lake-Sumter Brain Bowl team who is a CETA participant.
The Board referred to Chris Ford a letter from the local Health Planning Council regarding the fact that home health care facilities were not required to obtain a certificate of need. The Board requested that the County Attorney look into this and report back to the Board on the proper procedure to address this.
Commr . Burhans brought before the Board a request that the Board consider a plan to code the roads in Lake County for use by ambulance dispatch and location. The Board directed Mr. Willett to work with Lonnie Strickland regarding planning to code maps in the rural areas of Lake County and come back before the Board with some recommendations.
PUBLIC HEARING - ORDINANCE
The Chairman announced that the advertised time had arrived to consider an Ordinance to amend the Zoning Regulations of Lake County regarding lots of record. It was noted that the proper proof of publication was on hand as it had appeared in the March 17 and 29, 1983, editions of the Sentinel Star, Lake Little Sentinel.
Jerry Sexton, Planning and Zoning Coordinator, addressed the Board explaining that this Ordinance would allow an administrative variance on allowing building permits to be issued on certain lots without going through the Board of Zoning Appeals. The variance would be allowed if an individual only owns one (1) lot of record of any size fronting on an unmaintained street or if contiguous individual lots have been aggregated into one (1) lot, and the individual does not own any other lots on the street.
Discussion occurred regarding the possibility of requiring a notice be recorded when contiguous individual lots have been aggregated into one lot, that if said lot was divided in the future the recorded document would state the lots would not be buildable. Mr. Sexton stated that the building permit would indicate those three lots as being one and should they be split and sold the road would have to be improved prior to a building permit issued.
Mr. Sexton recommended that should the Board wish to do this that this Ordinance be adopted and an amendment be considered at a later date.
No one present wished to discuss this Ordinance with the Board.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board placed the Ordinance on the floor for its first and final reading by title only:
AN ORDINANCE TO AMEND THE ZONING REGULATIONS OF LAKE COUNTY, ORDINANCE 1971-6, AS AMENDED, BY AMENDING SECTION 70.202(A)(l), AND CREATING SECTION 70.202(A)(3), TO MODIFY THE REQUIREMENTS FOR GRANTING ADMINISTRATIVE VARIANCES FROM THE STREET REQUIREMENTS OF THE LOTS OF RECORD SECTION OF THE ZONING REGULATIONS, AND BY DELETING SECTION 70.202(B)(3) WHICH WOULD PROHIBIT THE CREATION OF THE PROPOSED ADDITIONAL ADMINISTRATIVE VARIANCE. PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE.
On a motion by Commr. Deems, seconded hy Commr. Rurhans and carried unanimously, the Board adopted Ordinance 1982-6, as read by title only, on its first and final reading.
BIDS/LAKE COUNTY JAIL
Commr . Windram submitted to the Board three quotes submitted by the Sheriff's Department in a request for a new dishwasher for the Lake County Jail. Commr. Windram informed the Board that Captain Perkins, Jail Administrator, was recommending that the mid priced quote be accepted as installation and a warranty was included and that it was a local firm. Commr. Windram stated this quotation was from Wittig Equipment Co., Inc., of Leesburg in the amount of $3,558.00.
On a motion by Commr. Carson, seconded by Commr. Smoak and
carried, the Board directed the Purchasing Department to advertise and accept bids on a new dishwasher for the Lake County Jail. Commr. Burhans voted "NO".
CODE VIOLATIONS BOARD/COMMUNICATIONS/CHECKS RECEIVED
Commr. Windram reported to the Board on a Code Violation Case against Washington Development Corporation who had corresponded with the Board stating that the corporation could not afford to clean up the property. Commr. Windram reported a check had been received in the amount of $703.63 to clean the property. The Board authorized the Public Works Department to proceed with the cleaning of the property and suggested signs be erected prohibiting dumping.
Commr. Burhans reported that Lonnie Strickland had researched the request of Sunny South, Inc., for a Certificate of Need and recommended that it be issued.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried, the Board authorized a Certificate of Need be issued for Sunny South, Inc. of Gainesville. Commr. Carson was not present for the vote.
Commr. Windram reported a letter had been received from Mid-Lake Handel Choral Society of Umatilla, requesting consideration for grant funds under the Art's, Inc. presentation to the Board.
Commr. Smoak stated that once a permanent advisory committee was appointed based on the recommendations of the ad hoc committee formed by the Board on March 22, 1983, that this committee would review these requests and make recommendations to the Board on the distribution of funds. Commr . Windram stated that he would cor-respond this information to the Handel Choral Society and forward their letter to the ad hoc committee.
PUBLIC HEARING - ORDINANCE
The Chairman announced that the advertised time had arrived for the aoard to consider an Ordinance relating to establishments offering adult entertainment in Lake County. It was noted that the proper proof of publication was on hand as it had appeared in the March 17 and 29, i983, editions of the Sentinel Star, Lake Little Sentinel.
Chris Ford, County Attorney, explained the background of the Ordinance before the Board for consideration stating that the Ordinance had been based on similar Ordinances that had been upheld in the Courts and contained all possible avenues to restrict this type of activity. Mr. Ford stated that it was tied to the consumption of alcoholic beverages and the desire to keep crime to a minimum and that it is very important to keep the Ordinance as close as possible to others that have passed the Court's scrutiny.
Russell Clemons, Leesburg, addressed the Board supporting the Ordinance and thanked the Board for their consideration of this Ordinance.
Mr. Jack Croach, Lady Lake, addressed the Board and referred to a petition he had collected in objection to a recent activity at Kemp's Restaurant in the Lake Square Mall. Mr. Croach stated that this petition contained 1,600 signatures; however, he only submitted one page for the record of the Commission. Mr. Croach also submitted for the record a letter from the Lake Square Mall stating that this type of entertainment would not be allowed in the Lake Square Mall in the future. Mr. Croach requested that the Board consider passage of this Ordinance.
NO one present wished to address the Board in objection to this Ordinance.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board placed the Ordinance on the floor for its first and final reading by title only:
AN ORDINANCE PROHIBITING THE EXPOSURE OF PRIVATE PARTS OR FEMALE BREASTS IN AN ESTABLISHMENT AT WHICH ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE FOR CONSUMPTION ON THE PREMISES: PROHIBITING THE USE OF ANY DEVICE OR COVERING WHICH SIMULATES PRIVATE PARTS OR FEMALE BREASTS IN AN ESTABLISHMENT AT WHICH ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE FOR CONSUMPTION ON THE PREMISES; PROHIBITING ANY PERSON OWNING, MAINTAINING, OR OPERATING AN ESTABLISHMENT AT WHICH ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE FOR CONSUMPTION ON THE PREMISES FROM SUFFERING OR PERMITTING, ON THE PREMISES OF SAID ESTABLISHMENT, THE EXPOSURE OF PRIVATE PARTS OR FEMALE BREASTS OR THE USE OF ANY DEVICE OR COVERING WHICH SIMULATES PRIVATE PARTS OR FEMALE BREASTS; LEGISLATIVE AUTHORIZATION; PROVIDING FOR PENALTIES; SEVERABILITY AND EFFECTIVE DATE.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved adoption of Ordinance
1983-7, as read by title only, on its first and final reading.
SUPERVISOR OF ELECTIONS
Commr. Windram requested the Board members stop by Emogene Stegall's Office to view a map regarding her presentation later in the day, in that the map was too large to bring up for her presentation.
COMMUNICATIONS/PUBLIC WORKS/ROADS, COUNTY &_STATE/SIGNS
Commr. Windram stated he had received a petition from residents in Highland Lakes Subdivision, submitted by Willie Smith, requesting the County Commission take steps to reacquire right of way in this subdivision that was closed by the Mandersons. Discussion occurred that the only way to reacquire the right of way would be through condemnation and that it was the policy of the Board that right of way not be acquired through condemnation procedures.
Discussion also occurred regarding the placement of School Bus Loading Signs on 44 in this area and it was noted that permission from the Department of Transportation would be required to place the signs.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board directed that the County Attorney correspond to Mr. Smith that the Board will not take action on a condemnation to reacquire the right of way. It was noted that other access to the subdivision was available and Mr. Ford stated that he had informed the residents of the area that had contacted him that this could be pursued through the Courts by bringing suit on a prescriptive road basis.
On a motion by Commr. Smoak, seconded by Commr. Burhans and
carried unanimously, the Board directed the Public Works Department to correspond with the Department of Transportation requesting permission for Lake County to erect School Bus Loading Signs on State Road 44 in the area of Highland Lakes Subdivision.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request of the CETA Department to install a SUNCOM line into the CETA Department. St was noted that the line would save approximately $104.00 per month in long distance phone calls with installation paid by CETA Funds.
Commr. Windram reported that on March 25, 1983, the State Job Training Coordinating Council reversed their previous position and has recommended that Lake County form a three county consortium with Volusia and Flagler Counties. Commr. Windram stated that Mr. Flowers did not feel that there would be any problem and that Volusia County would most likely be the lead county as they are the largest; however, he hoped that this would not adversely affect the Lake County CETA Department.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request of Sheriff Griffin for an expenditure of $315.00 for the "Basic Recruit Class" held at Lake County Area Vo-Tech Center which began on January 17, 1983, and was attended by Deputies Mysinger, Amici and Nesmith.
CODE VIOLATIONS BOARD/ZONING/CONTRACTS LEASES & AGREEMENTS
Commr. Smoak reported to the Board on a situation in Commr. Deems' district wherein a parcel of land was deeded to the County by a family named Kuharske for very little consideration to be used as a clay pit with the clay used to service the roads in the Bay Lake Area and subsequently deeded it back to the Kuharske's. Commr. Smoak stated that Mrs. Kuharske's understanding is that when the County deeded the property back to the Kuharske family after extracting the clay, that the intent was to use it as a landfill site with the County assisting the Kuharske's in covering the garbage until such time as the pit was filled.
Commr. Smoak stated that the Kuharske's had been cited with a code violation due to this landfill and they feel the County has some responsibility in assisting them with the problem.
Commr. Smoak suggested that Mr. Willett research the feasibility of using this as a landfill site until such time as it was covered and seek D.E.R. approval to use this as a landfill site.
The Board requested that Michael Willett appear before the Code Enforcement Board to place this item on hold and to communicate with the Kuharske's regarding the actions of the County to try and resolve this. The Board also requested that this be researched by the Public Works Department and County Attorney to see if any documentation could be uncovered to substantiate this.
BUILDING COMMITTEE/EMERGENCY SERVICES/SHERIFF'S DEPARTMENT
Chris Ford, County Attorney, reported to the Board that at a meeting of the Building Committee this morning, the Committee had received two quotations from area contractors for remodeling work to the building on Sinclair Avenue housing Emergency Services to be remodeled for use by the Sheriff's Department. Due to the necessity of the Sheriff's Department Mr. Ford stated it was the recommendation of the Building Committee that an emergency be declared in order that the Board could authorize this work to be done as soon as possible. Mr. Ford stated four contractors had been contacted; however only two responded which was not unusual in remodeling jobs. Mr. Ford stated that Schrank & Associates, Inc., General Contractors, were the low quote at $13,900.00. Mr. Ford stated an additional $2,000.00 would need to be spent in repair to the first floor of the jail in order for Emergency Services to relocate. Mr. Ford responded to a question of Commr. Smoak that it would take an additional four to six weeks to bid the job and stated that since it was a remodeling job, it was not the feeling of the Building Committee that a better price could be obtained by bidding. Mr. Ford stated an additional cost of 1.2% would be added if a bond would be required, which he felt would be required.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board declared an emergency and authorized the expenditure of $13,900.00 as quoted by Schrank & Associates, Inc. for the remodeling of the building housing Emergency Services on Sinclair Avenue and authorized the County Attorney to draw the necessary contract.
RECESS AND REASSEMBLY
At 12:lO p.m. the Board recessed for lunch with each Commissioner lunching individually and reconvened at 2:00 p.m.
Mr. John Vodenicker, Partner with May Zima Company, addressed the Board to present the Lake County Comprehensive Annual Financial Report for the year ending September 30, 1983. Mr. Vodenicker introduced Duke Landorf, Manager in charge o f the Lake County audit.
Mr. Vodenicker stated that this year's report included the general purpose financial statements, the combined financial statement of all the funds of the County including all the constitutional officers, the statistical section for receiving the Municipal Finance Officers Association Certificate and for the first time May Zima has performed O.M.B. Circular A012 Audit, or a single audit of all Lake County's Federal Grant Programs. Mr. Vodenicker reviewed and answered the Board's questions regarding the Financial Report and informed the Board that the auditor's opinion was the best opinion a County can receive. Mr. Vodenicker stated that he felt Lake County would receive a Certificate of Conformance on this year's financial report.
The Board commended Harry Nies, Chief Deputy, and Robert Wilson, Finance Director, for the overall report and the cover page for this year's report.
Mr. Stephen Richey, Attorney, addressed the Board on behalf of Lester Coggins Trucking, Inc., and stated he wished the Board to consider approval of an inducement resolution for industrial revenue bonds. Mr. Richey stated that Lester Coggins Trucking, Inc., was planning to relocate their facility to a portion of the industrial node of Lake County located a few miles south of Okahumpka. Mr. Richey informed the Board that the land was properly zoned. Mr. Richey stated that the presentation was based on private financing and private placement of the bonds to be presented.
Mr. Lester A. Coggins, Jr., Alva, Florida, addressed the Board and presented to the Board the history of Lester Coggins Trucking, Inc. Mr. Coggins supplied the Board members with a hand out containing information on Lester Coggins Trucking, Inc. Mr. Coggins explained to the Board the reasons they wished to locate in this area and the plans they had for this facility.
Mr. Steve Vaughn, Lake County Contractor, addressed the Board and supplied plans for the proposed facility. The Board questioned and Mr. Coggins informed them of the process for removal of used oil products created by the facility. Mr. Coggins stated these products would be held in underground tanks and periodically sold and removed. Mr. Richey informed the Board he had met with Ted Wicks, Pollution Control Director, who stated he saw no problems with this method.
The Board discussed the fact that a one million dollar bond issue had been specified by those representing the firm and suggested that a firm figure not be determined at this time but have Mr. Richey meet with Mr. Ford, County Attorney, prior to the drafting of an inducement resolution, should it be passed.
Commr. Smoak requested that prior to final action by the Board on an inducement resolution, that the Public Works Department be requested to do somewhat of a road assessment and road impact study on those roads which they have indicated they will be using and stated that there are roads in the area that are not adequate to handle the traffic and stated it would be important that there is some type of committment from Lester Coggins Trucking, Inc. that those roads that are not adequate will not be utilized.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board authorized the County Attorney to assist in the preparation of an inducement resolution on a private placement industrial bond issue for presentation hack to the Board for final approval. It was noted that the dollar amount was not restricted at this time and the Board directed Mr. Richey to inform Mr. Ford of the dollar amount to be placed in the resolution prior to bringing same back to the Board.
Mr. Lester Coggins, Sr., addressed the Board and thanked them for their consideration.
SUPERVISOR OF ELECTIONS/REDISTRICTING
Emogene Stegall, Supervisor of Elections, addressed the Board regarding the need to adjust precinct lines in County Commission Districts #4 and #5, in accordance with Florida Statute 98.031.
On a motion by Commr. Smoak, seconded by Carson and carried unanimously, the Board authorized the changes as submitted by Mrs. Stegall and listed below:
1. Change District Four and Five in Section 1, move West 1/8 of a mile to conform with the Congressional District Line. (Moved to Hicks Ditch Road).
2. Section 12, move County Commission district line West to Palmetto Street (will give visible boundary).
On the west side of Bay Street, move County Commission line to correspond with Precinct Six boundary. To create a new precinct (#44), taking a portion of Precinct #36 west of Bay).
COUNTY POLICY/PUBLIC WORKS
Mr. Michael Willett, Director of Development and Public Works, addressed the Board regarding the possibility of implementing a procedure of developing objectives which would involve the Board in this process. Mr. Willett referred to his memorandum of April 1, 1983, entitled Management by Objectives. Mr. Willett stated it was his feeling this would be beneficial to the Board in setting up a budget. This program would require the department heads to come before the Board to explain how the money will be utilized in order to give the Board and the department heads a method to evaluate whether or not the objectives of the Board were being met. Mr. Willett stated that the steps required for successful implementation were as follows:
1. Setting Objectives: Objectives are usually formulated in conference between superior and subordinate in clear concise statements. The objective should be tangible, measurable and verifiable.
2. Action Planning: Once the objectives have been identified, a realistic method of achieving the objectives must be developed. This step should include a listing of actions to be taken and a schedule showing expected completion dates.
3. Progress Review: There should be a systematic monitoring and measuring of performance. When behavior deviates from the standards established in the first step, action should be taken.
Mr. Willett stated that actual steps to implement this process are as follows:
1. Each department under the Division of Development and Public Works (Building, Zoning, Planning, Pollution Control, Public Works; other division functions such as landfills and fairgrounds would not be treated separately) develops the following:
A. Roles and missions - establishing the reason for the department's existence.
B. Key result areas - outlining three to five specific areas of critical importance which should achieve positive results in one, two or three years.
C. Indicators - stating of those factors that can be measured, that can be looked at within key results area, to give an indication of effective or ineffective performance.
D. Objectives - statements of measurable results to be achieved. Should relate to one or more of the department's key result areas and indicators.
E. Action plans - the sequence of actions to be carried out in order to achieve the objective.
2. Board of County Commissioners reviews these plans and approves or requests revisions.
3. Objectives should be presented to the Board just prior to, or just after, the budget process.
4. Division of Development and Public Works will hold meetings prior to the development of objectives and provide needed training to implement the process.
5. Board of County Commissioners will be provided with progress reports on each area on a quarterly basis, or as outlined in the objectives.
6. Should funding, legislation or Board change of priorities require the revision of an objective, the Board will be kept apprised of changes.
7. Development of objectives will be an annual process with adequate opportunities for evaluation and feedback.
Mr. Willett responded to a question of the Board that he did not feel that implementation of this program would lessen the need of the liaison Commissioner policy of the Board.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board authorized Mr. Willett to proceed with implementation of the Management by Objectives program, including setting up meetings and classes for employees. The Board requested that they be kept informed of the actions being taken.
ACCOUNTS ALLOWED/VETERANS SERVICES
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the travel request for three Veteran Service Officers to attend the Annual State Service Officers' Training Conference to be held May 1, 1983, through May 5, 1983, at a total cost of $790.90.
Commr. Carson informed the Board of a meeting of the State Association of County Commissioners to be held on June 17 and 18, 1983, at Mission Inn at Howey-in-the-Hills. Commr. Carson stated that the purpose of this meeting was to inform those attending of the results of the legislative session held prior to the meeting.
BONDS - CONTRACTOR
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the following new Contra&or Bonds:
#1226-83 Jan R. Woodring - Mobile Home Roofing Service
#1878-83 Roger Wilder d/b/a Wilder Plumbing
#4004-83 Arveta M. Ecklind - Class C. Residential Building
#3062-83 Mike1 Wayne Smith - Electrical
#4010-83 Cathers Electric, Inc., John Cathers
#4009-83 Counts Roofing, Inc. - Roofing and Carpentry
#4008-83 Bobby G. Swindle - Roofing
#1410-73 B . Allen West d/b/a West Electric, Inc.
#4006-73 James M. Neiford - Plastering
# 357-83 Jerry J. Smith - Specialty
#4005-83 Waste Technology Corp. d/b/a Wastec - Robert B.
Samuel, Water Waste Treatment Systems
LICENSES AND PERMITS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the following new gun permits, additions and renewals to gun permits:
George W. Brown, Jr. Lawrence E. Hoag
Gregory N. Garcia
Gatha P. Collins Edwin McHenry
Dan Jenkins Earl Van Scoyk
Jack Butts Tracene J. Sampson
Kenneth R. Sampson William H. Smathers
Leroy Campbell Thomas M. Clark
Allen J. Turner
Joseph E. Reeves Charles Strickland
George J. White, Jr. Antonio J. Radosti
Brenda G. Dillon Monard Dillon, Jr.
Joseph Spires Lester Aycock
Karen Sablotny Maurice Hindman
It was noted that Will Lamond had appeared as a renewal; however, had been removed upon the request of the Public Works Department as Mr. Lamond is a Prison Crew Guard who did not complete certification and no longer carries a weapon.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board authorized signature on Satisfaction of Lien Forms for Lee H. Kingebiel, Dora Park Estates, and Don Sandargas, Ravenswood Park Subdivision.
HEALTH DEPARTMENT/PUBLIC HEALTH
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board authorized signature of the application submitted by Dr. Paul F. Tumlin for Oliver Rodgers' admission to A. G. Holley State Hospital.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved payment of Warrant #31630 through Warrant #32032 for the following accounts:
County Transportation Trust
COR Nursing Home
Fine and Forfeiture
County Wide Library
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved payment of the following indigents:
Stanley Arthurs for Phyllis Love - $50.00 for April
Lake Highlands Nursing Home for Eli Ward - $45.00 for March
James Nelson for Loshon Battle - $50.00 for March
Paul St. Cyr for Robert St. Cyr - $50.00 for March
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue, Traffic/Criminal Cases for the weeks ending March 11, 1983, March 18, 1983 and March 25, 1983.
AUDITS/FIRE DISTRICTS-FIRE DEPARTMENTS/REPORTS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the Annual Financial Statement for Paisley Fire District for the years ending September 30, 1981 and 1982.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the Annual Financial Statement for Waterman Memorial Hospital Association, Inc. for September 30, 1982. Included in the motion the Board acknowledged receipt of the Financial Statement for Northeast Lake County Hospital Company, Inc., for September 30, 1982.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the monthly status report from Lake Community Action Agency, Inc. for February, 1983.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request of Maintenance Department to purchase a heavy duty router with guides and bits and a ten inch motorized table saw to be used to renovate Lake County Health Department in Umatilla and other renovation through out the County at a cost of $474.35.
Included in the motion was the necessary transfer of funds from Contingency as this is not a budgeted item.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried, the Board approved the request of the Lake County Water Authority to adopt a Resolution requesting that the "No Wake" Zone on the St. John's River north of the new Astor Bridge extend the restricted speed zone northward from the present speed limit sign a distance of 4,800 feet, and southward from the southern speed limit sign a distance of 2,500 feet. It was noted that the Water Authority had requested this Resolution be forwarded to the Department of Natural Resources, along with a letter to Volusia County asking for their support of the Resolution.
Discussion occurred regarding the need for this Resolution and Mr. Ford informed the Board that the Water Authority felt that damage was being done to private property along the banks.
Commr. Smoak voted "NO".
There being no further business to be brought before the
Board the meeting adjourned at 4:35 p.m.
Thomas J Windram, Chairman
James C. Watkins, Clerk