A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 13, 1983

The Lake County Board of County Commissioners met in regular session on Tuesday, September 13, 1983, at 9:00 a.m., in the Board of County Commissioner's 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.; and Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Toni M. Austin, Secretary.

Commr. Carson gave the invocation and the Pledge of Allegiance was led by Commr. Smoak.

CONTRACTS, LEASES AND AGREEMENTS/WATER AUTHORITY

Commr. Smoak informed the Board of his receipt of a contract from Greg Jubinsky, Biologist Supervisor II of the State of Florida Department of Natural Resources. The contract presents an aquatic weed control program between the Department of Natural Resources and Lake County. Commr. Smoak stated that the contract must be fully executed prior to October 1, 1983. Commr. Smoak further stated that he had submitted the contract to Aquatic Weed Control and the Water Authority who have already reviewed the contract and have no problems with it. Commr. Smoak stated that he brought the contract to the attention of the Board for their review so that recommendations could be made prior to the execution of the contract by the Water Authority.

No action was taken at this time.

BUDGETS

Commr. Smoak informed the Board of a letter from the Economic Development Council dated June 10, 1983, requesting the County's participation in the Lake County Economic Development Council. Commr. Smoak stated that the County does not have any funds in the budgetary consideration for the fiscal 1983-84 year. Commr. Smoak further stated that the request was in the amount of $25,000.

It was Commr. Smoak's feelings that the Board should seriously consider some financial support to the Lake County Economic Development Council, so that when the Council approaches an industry that the Board would find acceptable to Lake County and within the County's comprehensive growth plan, that the Council would be able to say that they have the support of the Board of County Commissioners. Commr. Smoak stated he hoped the Board would consider a minimum of $10,000 in the budget.

Commr. Carson stated that he would make a concrete proposal for funding of the Lake County Economic Development Council later this afternoon.

ACCOUNTS ALLOWED/VETERANS SERVICES/BUDGETS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved a request from Arthur F. Ragland, County Veterans Service Officer, for allocations up to $900 from the General Fund to increase the Veterans Service Office Budget for 1983-1984, for the purpose of paying a

part time employee from September 15, 1983, to November 11, 1983.

ACCOUNTS ALLOWED/CETA

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the following three requests from Jim Flowers, Director:

Robbie Baird to attend the National Alliance of Business Seminar September 20, 1983 through September 21, 1983, in Charleston, South Carolina, costs to be paid from the CETA Administrative funds. Brenda Pullum and Janice Strickland to attend the Department of Labor Service Delivery Area #9 MIS and Fiscal Training Workshop September 15 - 16, 1983, in Orlando, Florida, travel and meal per diem for each staff member will be paid from the CETA Administrative fund.

Brenda Pullum to attend the State Job Training Coordinating

Council Meeting at Morris Hall - House Office Building in Tallahassee, Florida, on September 20, 1983, costs to be paid from the CETA Administrative fund.

LICENSES AND PERMITS

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the following gun permits and bonds:

NEW

Barbara C. Daniels Charles E. Bludsworth

Robert M. Hooker Steven A. Greene

ADDITIONS & DELETIONS

George W. Brown, Sr. Ruth S. Brown

Michael W. Buryk

BONDS-CONTRACTORS

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the following Contractor

Bonds:

NEW

#0031-84 Georae T. Jarvis d/b/a Jarvis Heating & Air Conditioning (Heating & Air Conditioning)

#0140-84 Curtis Colter, (General Carpentry)

#0369-84 William B. Bass, (General)

#0568-84 Oscar Smallwood,(Painting)

#1091-84 David Williams,(Roofing)

#1706-84 David Wieckhorst d/b/a Master Craft Builders, (Building)

#1817-84 Ronald E. Latow, d/b/a Latows Plumbing, Inc., (Plumbing)

#1890-84 Louis H. Lacey, (Roofing)

#4048-83 M . A. McClain Construction Co., Inc., (General)

#4049-84 Michael Mosley, (Drywall)

#4050-84 Richard D. Smith, (Building)

CANCELLATIONS

#O668 James H. Hollins, Jr.

#1148-77 Denson's Tile & Carpet, Inc.

#1428 Robert Thomas Key, Key Electric, Inc.

#1733 Dewayne Lawhon d/b/a Lawhon Plumbing

#2001-82 Dennis McCarthy, Airtron, Inc.

#3047 Elizabeth Stiltner, Drywall Installation

ASSESSMENTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the following Satisfaction of Assessments Liens:

Riverwood Unit 1

Johnathan Vance $341.00

Dixon R. Jones & Kathryn 341.90

Riverwood Unit 11

Walter J. Bryde, Jr. & Nancy S. 170.10

Charles F. Landphair & Erin Tom 320.54

Eustis Heights

Fay Cheneal Mayer 427.50

Maynard F. Burgess 427.50

Eustis Heights Partial Replat

Louise V. Livingston Trust

Trustee: James A. Livingston 398.77

Eustis Heights Block 23

Fay Cheneal Mayer 213.75

Maynard F. Burgess 316.35

ASSESSMENTS (CON'T.)

Eustis Heights Block 23 (con't.)

Nolian Beckham & Eunice J. H/W 198.00

Harry A. May & Helena H/W 198.00

Paul R. Campbell & Betty J. H/W 198.00

Picciola Harbor, Rohr's Addition

Kenneth T. Hardvmon & Pauline S. H/W 236.31

Kenneth T. Hardymon & Pauline S. H/W 242.01

J. D. Mitchell & Mary W. H/W 250.25

A. J. Verville & Mada H/W 237.28

Earl Urmston & Nowanna M. H/W 236.34

Charles W. Fosmoen & Berget P. H/W 236.34

Harley W. Thompson & Jewel1 L. H/W 236.34

Sparks Village Subdivision

Tommy Tamsett 264.29

Edward Carl & Sharon Ann H/W 266.50

Tommy Tamsett 264.29

Ravenswood Park Subdivision

Theodore Jansen 273.33

Theodore Jansen 313.02

Jerry Cantrell 148.75

Lake View Heights

James White & Tamar 2,004.80

DEEDS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the Claim and Demand for overbid funds to Mr. Thomas L. Long and Mr. Travis L. Morgan in the amount of $524.21 resulting from a tax deed sale held October 29, 1982.

REPORTS

On a motion 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 August 31, 1983, in the amount of $4,205.22.

BONDS

Chris Ford, County Attorney, presented to the Board reports and financial information of Jiffy Industries, Inc. who is

potentially requesting Industrial Revenue Bonds through public issuance. Mr. Ford stated that from what he had heard spoken from the Commission, the Commission was not particularly interested in any public issues where individuals could be hurt by a default. Mr. Ford further stated that the Board had indicated they were primarily interested in industrial revenue bonds in private placement issues, and that before the Board would issue the inducement resolution, the company would have to have a bank commitment for the issue.

Commr. Carson discussed with the Board the idea of developing a commission or study group, not delegating the Board's responsibilities, but to strictly make recommendations to the Board instead of leaning strictly on the institution's presentation.

Mr. Ford stated the main advantage of industrial revenue bond issuance is the tax advantage. Mr. Ford further stated that the disadvantage in public issuance is the potential possibility of failure, and feels that the County would have some adverse exposure if there was any failure to the industry.

Commr. Windram stated that the Board has never refused to

grant any firm Industrial Revenue Bonds provided the firm secured

private financing. Commr. Windram further stated that if the

Board developed a commission or study group, it would reflect the

Board's interest of going private issuance or public issuance of

bonds.

Commr. Smoak stated the procedures the firm would have to follow in order to have public issuance of bonds. Commr. Smoak suggested the Board study the private issuance of bonds versus public issuance.

PUBLIC WORKS AGENDA

ROAD CLOSINGS

Petition #324 - Unnamed Road

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

It was noted that the proper proof of publication was on hand as it appeared in the August 25, 1983, and September 1, 1983, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the vacation of that portion of a 30 foot unnamed roadway running south and lying east of the southwest corner of Section 32 and west of the southeast corner of Section 31, Township 22 South, Range 26 East, Lake County, Florida, for J. V. Vander Meer, as per Petition No. 324.

DEEDS/RIGHT-OF-WAYS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board accepted the Right-of-Way Deed on Florida Boys Ranch Road #2-0729 from Venceslado and Barbara Gonzales.

PUBLIC WORKS/ROADS-COUNTY AND STATE

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved to record the maintenance maps on Owens Lane #5-7764 and Spring Lake Road #l-6304.

PUBLIC WORKS/ROAD PROJECTS

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board postponed the awarding of Project No. 21-83, #2-4006 Montclair Road and #2-4606A Gregory Road Design Build Construction until September 20, 1983.

MENTAL HEALTH

Mr. Jack Hargrove and Ruth J. Pelham, Lake Community Action Agency, appeared before the Board to request the use of the Fair- Grounds to try and centralize the location for distribution of commodities in the County and provide better accommodations for public parking.

Mike Willett, Director of Development and Public Works, stated that he felt the schedule with George Johnson, Fairgrounds, should be taken into consideration before the Board takes any action.

Commr. Smoak suggested Ms. Pelham consult with Captain Spears, Eustis Police Department, to see what would be required concerning the traffic situation. Commr. Smoak further suggested contacting the City of Leesburg for information regarding the use of the Pat Thomas field on Dixie Avenue for a more centralized distribution center.

Commr. Windram requested Mr. Hargrove and Ms. Pelham to consult with the City of Leesburg and also requested Mike Willett contact George Johnson regarding his schedule at the Fairgrounds and report back to the Board on September 20, 1983, for Board action.

POLLUTION CONTROL/RESOLUTION

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the resignation of Ted Wicks, Director of Pollution Control, effective October 10, 1983. On the same motion the Board proposed a resolution to be prepared by the County Attorney.

ASSESSMENTS/ROAD PROJECTS/BIDS

The Chairman announced the advertised time had arrived for the Public Hearing on Special Assessment #13, Hilltop Subdivision, Unit 3, Haines Street Extension, Claire Drive, and Lee Avenue. Rev. W. A. Donaldson appeared before the Board and stated that he was responsible for mailing the letters and petition to the property owners. Rev. Donaldson further stated that he was in favor of the assessment.

Junior Eldridge appeared before the Board and inquired about the beginning date of construction. Mr. Eldridge further stated that he felt a sign stating "Slow Down" should be posted.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved Special Assessment #13, Hilltop Subdivision, Unit 3, Haines Street Extension, Claire Drive, and Lee Avenue and awarded the bid to Paquette Paving Co. Inc. in the amount of $43,837.

ACCOUNTS ALLOWED/CLERK

James C. Watkins, Clerk, made a recommendation to the Board to purchase a new taping machine to replace the present one in the Board's Meeting Room. Mr. Watkins presented a quote from Lanier, under State Contract, in the amount of $2,404.71.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the purchase of the new Lanier taping equipment utilizing the Equipment Fund in the amount of $2,404.71, subject to the reviewing of the equipment by Mr. Watkins.

ACCOUNTS ALLOWED/COURTS/JUDGES

James C. Watkins, Clerk, presented a request from Judge Ernest C. Aulls, Jr., in behalf of himself and Judge W. A. Milton, Jr., to purchase two typewriters to replace the two that are presently in use by their secretaries. Mr. Watkins stated the money is in the budget.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the purchase of two new typewriters and directed the proper procedures be followed for purchasing.

CONTRACTS, LEASES & AGREEMENTS/LIBRARIES/MUNICIPALITIES

Mary McMahon, Library Coordinator, appeared before the Board and presented two Interlocal Agreements, Fruitland Park and Tavares, for the Board's approval.

Commr. Smoak informed Ms. McMahon that the County Library Services Agreement with the City of Eustis has been amended to include new language in Section 9.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board adopted and authorized signatures on the County Library Services Agreement with the City of Eustis, reflecting the balance of fiscal 1982-83, 1983-84 budget years as amended and presented.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved and authorized signatures on the Interlocal Agreement with Fruitland Park and the Interlocal Agreement with Tavares.

Commr. Smoak requested a letter be sent, in behalf of the Board of County Commissioners, to all members welcoming them into the Library System.

Ms. McMahon informed the Board that three members of the Library Board, Ms. Eloise Fisher, Dr. F. P. Hatfield and Ms. Louise Meckstroth, would be leaving the Board at the end of this year and new members would need to be appointed.

Ms. McMahon informed the Board that two libraries have applied for the State construction grant, Eustis in the amount of $200,000 and Clermont in the amount of $50,000. MS . McMahon stated that there is a good chance of receiving the grants because of the County's high unemployment rate, and because one of the cities is the central service unit for the County-Wide Library System.

Commr. Smoak informed the Board that it was an independent action taken by the individual library to apply for the grant funding and matching funds and that all of the libraries were eligible for the grant.

Ms. McMahon informed the Board that the State prioritized the applications by the type of library, the type of construction requested, and the unemployment rate of the County. Ms. McMahon stated that approximately 40 libraries have applied for the grant.

CONTRACTS, LEASES & AGREEMENTS

Commr. Burhans informed the Board of a dispute between Florida Cable Television Network, Inc. and Action Cable. Commr. Burhans stated that both had obtained a non-exclusive franchise with the County, but both seem to want to franchise in Astor and feel they should be able to have the people vote on the franchise of their choice.

It was the feeling of the Board that both companies had obtained a non-exclusive franchise which means free enterprise.

COMMUNICATIONS/TAX COLLECTOR/BUDGETS

Commr. Smoak stated to the Board that, after some observation of the letters from the people within the County who are opposing the tax increase, they are paying approximately 27% - 93% increase to the Board of County Commissioners this year.

Commr. Smoak stated that it was hard to convey to the public how taxes are levied. Commr. Smoak further stated that the County has only increased its general tax revenue by 8% in dollars.

At this time the Board members discussed their views on Proposition One.

RECESS AND REASSEMBLY

The Board recessed at 1l:OO a.m. for lunch and reconvened at 2:00 p.m. for the Rezoning hearings.

REZONING

PUBLIC HEARING #92-83-3 A to R-l-5 Arvel E. Smith & Sons, Inc.

Steve Richey, Representative for Arvel E. Smith & Sons, Inc., appeared before the Board and stated that it was his understanding the reason for the continuance of this rezoning case was to allow the proposed change in the Ordinance be considered by Planning and Zoning before coming before the Commission. Mr. Richey requested the hearing be continued for 60 days, being the second postponement.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request for

postponement until November 8, 1983, at 2:00 p.m. or as soon thereafter as possible.

PUBLIC HEARING #111-83-5 Amend CP West Volusia Utilities, Inc.

Commr . Windram read a letter from Landis V. Curry, Jr., Ayres, Cluster, Curry, McCall & Briggs, P.A., in behalf of A. M. Collins, Jr., opposing any action which will result in pollutants or sewer effluents being discharged through the drainage system of Astor Forest Campsites or in allowing any sewage disposal system which will create pollution or odor problems for adjacent property owners.

Mr. John Bennett, Astor Campsites, addressed the Board in opposition of the rezoning. Mr. Bennett stated there are serious flooding problems on Fern Road, and there are also unpleasant odors. Mr. Bennett further stated that the people in Astor Forest understand there are other more suitable locations that could offer access for the disposal site. Mr. Bennett requested a 60 day postponement so that the people in Astor Forest could get a better understanding of this particular rezoning request.

Mr. Joe Freer, General Manager, West Volusia Utilities, Inc., addressed the Board regarding this rezoning case. Mr. Freer informed the Board that West Volusia Utilities, Inc. is a small package plant with no future plans of expansion and the problem being the necessity for a perculation pond. Mr. Freer stated that DER feels there will not be any runoff. Mr. Freer further stated the company is under citation with the Lake County Health Department with a suit pending.

Mr. Ted Wicks, Pollution Control, discussed how the suit against West Volusia Utilities, Inc. originated. MT. Wicks stated that the perculation pond was not adequate and a discharge began collecting in a canal that leads to the St. Johns River. Mr. Wicks further stated that the company has a plan to solve its problems.

Mr. Oscar Taylor, Astor Forest, addressed the Board regarding this rezoning case. Mr. Taylor stated it was still the feeling of Mr. Bennett and himself that a postponement was needed so that the people in Astor Forest could get a better understanding of what was involved in this rezoning case. Mr. Taylor further stated that he spoke with Mr. McMadden, Co-Owner of West Volusia Utilities, Inc., and that Mr. McMadden did not object when a postponement was discussed.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request for

postponement until November 8, 1983, at 2:00 p.m. or as soon thereafter as possible.

Commr. Smoak requested that the Pollution Control Board be officially notified of the actions taken today.

PUBLIC HEARING CUP 881-5 CUP in A Harland R. Fogel, Jr.

Lou Tally, Attorney for applicant, appeared before the Board to discuss the rezoning of this case.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried uanimously, the Board upheld the recommendation of the Planning Commission and approved as amended CUP in A (Agriculture) for Marina.

PUBLIC HEARING #108-83-5 R-1-7 to RP Edward L Schrank

Jerry Greif, Zoning Department, informed the Board of a request from Edward L. Schrank to withdraw the petition prior to Planning and Zoning Commission.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from Edward L. Schrank for withdrawal.

PUBLIC HEARING #105-83-4 C-l to CP Howard B. Odor

No one present wished to discuss this rezoning case with the Board.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from C-l (Rural or Tourist Commercial) to CP (Planned Commercial).

PUBLIC HEARING #107-83-4 C-l to CP J. C. & C. E. Hale

Mr. Sigler, property owner, addressed the Board in opposition of this case.

Johnnie Hale, Petitioner, addressed the Board and stated she had spoken to Mr. and Mrs. Sigler about putting a chain link fence as opposed to a wooden fence. Mrs. Hale further stated that she and her husband had no objection to the request, and would like the amendment to read chained link fence and the use of the unmaintained road.

Mrs. Sigler appeared before the Board and requested an extension of fence to the end of the road right-of-way on 19A prior to the commencement of business.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved rezoning from C-l (Rural or Tourist) to CP (Planned Commerical) and to amend Section C in the Planning Department Recommendations to read chained link fence screening on two sides and rear of site and being four feet high.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board further approved to amend, under Section C, to read from the building setback line to the property line fronting on Highway 19A, the petitioner be required to construct a chained link fence not to exceed four feet, but a minimum of three feet, or plant a vegetated buffer, at the petitioner's discretion prior to commencement of commercial operation.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved to amend the CUP to strike Section 3)e.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the CUP as amended.

PUBLIC HEARING #llO-83-3 A to R-1-15 Donald B. Bailey

No one present wished to discuss this rezoning case with the Board.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to R-1-15 (Residential Estates).

PUBLIC HEARING #109-82-2 A to LM Ernest B. Hart, Sr.

No one present wished to discuss this rezoning case with the Board.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the rezoning from A (Agriculture) to LM (Light Manufacturing).

PUBLIC HEARING CUP #880-2 CUP in LM Ernest B. Hart, Sr.

No one present wished to discuss this rezoning case with the Board.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved as amended the CUP in LM (Light Manufacturing) for Mobile Home as Caretakers residence.

PUBLIC HEARING #106-83-3 A to AR C. E. & Mary K. Blackburn

Commr. Smoak stated that his concern with the rezoning of this case was the creation of single family residential zoning areas in new non-developed urban areas.

Ellen Blackburn, daughter of petitioners, stated that she thought 2 l/2 acre home-sites are compatible with agriculture.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board overturned the recommendation of the Planning Commission and denied rezoning from A (Agriculture) to AR (Agricultural Residential).

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

Commr. Carson informed the Board of a request from the Sheriff's Department to purchase two CRT units now being operated in the Sheriff's Department in order to utilize the computer to its fullest capacity.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request from the Sheriff's Department to purchase two CRT units in the amount of 2,480 which

shall be funded by the Sheriff's Department Contingency Fund. Commr. Burhans voted no.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:35 p.m.

Thomas J Windram, Chairman

James C. Watkins, Clerk

tma/9-28-83.