A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
JULY 17, 1984
The Lake County Board of County Commissioners met in regular session on Tuesday, July 17 1984 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: Glenn C. Burhans, Chairman; James R. Carson, Jr.; C. A. "Lex" Deems; Claude E . Smoak; Jr.; and Thomas J Windram (arriving at 9.15 a.m.). Others present were: Sanford M. Minkoff, County Attorney's Office; Michael C. Willett, County Administrator; Robert L. Wilson, Finance Director; and Mary C. Grover, Secretary.
Commr. Carson gave the Invocation and the Pledge of Allegiance was led by Commr. Smoak.
MINUTES
On a motion by Commr. Carson, seconded by Commr Smoak and carried unanimously the Board approved the minutes of July 10 1984, as submitted
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Smoak, seconded by Commr Carson and carried unanimously, the Board approved the request from Sheriff Griffin for the purchase of a Lasertrain Cylinder Laser Gun Model LTC, including one (1) Silhouette Target, Model LTS and one (1) single zone target, in the amount of $2 995.50, with the funds coming from the Law Enforcement Training Fund.
BUDGET TRANSFERS/SHERIFF'S DEPARTMENT
Commr. Burhans informed the Board that requests have been received from Sheriff Griffin for budget transfers in the Law and Jail Accounts.
Commr. Carson made a motion, which was seconded by Commr. Deems to approve the budget transfers as recommended by Mr. Wilson, Finance Director. Discussion occurred regarding the request.
It was the feeling of the Board that the requests should be postponed until Sheriff Griffin or his representative could be present. Commr. Carson withdrew his motion and Commr. Deems withdrew his second.
ACCOUNTS ALLOWED/AGRICULTURE CENTER
On a motion by Commr. Smoak, seconded by Commr Deems and carried unanimously, the Board approved the request for 4-n Funds in the amount of $55.80 for expenses for 4-H Camp Ocala.
AGRICULTURE CENTER/COUNTY EMPLOYEES/APPOINTMENT-RESIGNATIONS
Dr. Earl Kelly, Director of the Lake County Extension Service, addressed the Board to express his appreciation on working with the Board as he will be retiring July 31, 1984.
Dr. Kelly presented each Board member with a copy of Dimensions in History, written by J. Francis Cooper. He stated that the book was the history of the extension service in Florida.
Dr. Kelly informed the Board that Dr. Pete Warnock, District Director for the Extension Service, has recanmended that Mr John Jackson be appointed as Acting Extension Director until a permanent director could be appointed.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously the Board appointed Mr. John Jackson as Acting Director of the Lake County Extension Service.
Commr. Burhans informed the Board that he had received
correspondence from Dr. Warnock regarding the selection process of the applicants applying for the position of Director. It was the feeling of the Board that three applicants be selected by the University of Florida to be interviewed by Commr. Burhans,
Chairman, and the Overall Advisory Committee and then be interviewed by the Board.
CLERK/COURTS-JUDGES
On a motion by Commr. Carson, seconded by Commr Smoak and carried unanimously, the Board approved and authorized the Chair- an and the Clerk to sign the Satisfaction of Judgment for Guadalupe Nunez, Mariana Nunez, and Rubin Nunez, in the amount of $150.00, Case #84-242-CJ.
BONDS - CONTRACTOR
On a motion by Commr. Carson, seconded by Commr Deems and carried unanimously, the Board approved the following Contractor Bonds:.
NEW
1615-84 George E. Hull Hull Construction Co , Inc (Residential)
4147-84 Harold L Cuthbertson (Plumbing)
4148-84 Jeffery D. Kieffer (Plumbing)
REPORTS
On a motion by Commr. Smoak seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue, Traffic/Criminal Cases for the weeks ending June 29, 1984, ($8 305.89) and July 6. 1984 ($7,344.61).
ACCOUNTS ALLOWED/INDIGENTS
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved payment of warrant #41526 through warrant #41795 for the following accounts:
General Revenue County Transportation Trust
Revenue Sharing Fine & Forfeiture
Mosquito Control Law Library
Aquatic Weed Northeast Hospital
Northeast Ambulance Northwest Ambulance
Private Industry Council Section 8
Landfills Countywide Library
Special Assessments
The motion also included payment for the following Indigents:
Kerri Leininger for Barbara Whitten - $50 00 for July
Bill Wiatroski for Mary Gurley - $50.00 for July
ESCROW/LANDFILL
On a motion by Commr. Carson seconded by Commr. Smoak and carried unanimously, the Board approved the request from AAA Refuse that their final bill for landfill dumping be deducted from their escrow deposit of $102.00 and the balance be sent to them as they have sold AAA Refuse.
ASSESSMENTS
On a motion by Commr Smoak, seconded by Commr. Carson and carried unanimously, the Board approved and authorized the Chair- an and the Clerk to sign the following Satisfaction of Assessment Liens:
Lake View Heights, 2nd Addition
William R. Underwood & Gertrude $627.91
Riverwood, Unit 2
Earl M. Kelly & Annie $353.51
Hilltop Subdivision Unit 2
Claude C. Lockhart & Gertrude E. $631.50
Western Shores
Robert L. Becker & Norma L $713.74
COUNTY ADMINISTRATOR'S AGENDA
CONTRACTS, LEASES & AGREEMENTS/POLLUTION CONTROL
On a motion by Commr Deems, seconded by Commr. Carson and carried unanimously, the Board approved the extension of the contract with Ted Wicks for consulting services for the Pollution Control Department in order to complete the permit on the Springs.
COUNTY ADMINISTRATOR/PRIVATE INDUSTRY COUNCIL
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board authorized Mr. Michael Willett, County Administrator, to sign documents for the Private Industry Council.
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr Carson seconded by Commr. Smoak and carried unanimously, the Board approved final payment to Hewitt Contracting Co., Inc. for Project No. SA-19 in Hilltop Subdivision & Hilltop Subdivision Unit II in the amount of $76,025 45.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved final payment to Hewitt Contracting Co., Inc. for Project No. SA-21 in Western Shores Subdivision in the amount of $14,903 95.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved partial payment to Superior Asphalt Company for Project No. 1-84 on Spring Lake Road in the amount of $16,876.48 (Revenue Sharing)
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved final payment to Trac Roadbuilders, Inc. for Project No. 7-84 on CR-466A in the amount of $57,433.94 (Secondary).
PUBLIC WORKS
On a motion by Commr. Smoak seconded by Commr. Carson and carried unanimously, the Board approved one-time maintenance for Mrs. William Eyerly - Jackaranda Road - $180.00.
DEEDS/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 of Transportation for the following Murphy Act Deeds:
#189, Reserve 33 feet from centerline of Hwy 44 (Eustis).
#860, Release all reservations (Lake Mack area).
ACCOUNTS ALLOWED/LANDFILLS
On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved for Roland Lewis, Solid Waste Coordinator, to attend the GRCDA's 22nd Annual International Seminar Equipment, Services, & Systems Show on August 20-24 1984; in Orlando, Florida, at an estimated cost of $225.00.
BONDS - MOBILE HOME
On a motion by Commr. Smoak seconded by Commr. Carson and carried unanimously, the Board approved cancellations of the following mobile home bonds
Dorothy Johnson
Beverly Paff
Jack Wintersteen
Abraham Roth
ASSESSMENTS/ROADS - COUNTY, STATE/RESOLUTIONS
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board accepted the following roads into
the County Maintenance System:
1. Linda Lane, #l-5342
2 Clara Drive, #l-5342A
3. Pine Street, #l-5347A
4 Patterson Street, #l-5538B
5 Lackabee Street, #l-5438B
6. Laralack Avenue, #l-5538D
ASSESSMENTS/BIDS
At 9:30 a.m. the Chairman announced that the advertised time
had arrived for the Public Hearing on Special Assessment #24, Ocala Forest Campsites No. 3 (Shockley Hills).
Mr. Michael C Willett, County Administrator, addressed the Board and stated that the staff recommended the roads be paved instead of building clay roads. He informed the Board that the low bid received for paving the roads was $114 758.00, and the low bid received for claying the roads was $45,000.00.
Mr. Willett presented the Board with a list of those resi- dents who had written letters in opposition to the assessment project and a list of those residents who had written letters in favor of the project.
Mr. L. J Reynolds addressed the Board and stated that he was opposed to the special assessment as he felt his road did not need to be paved. He presented the Board with letters from several residents who also opposed the project.
Mr. Paul Von Axelson Deer Road; and Mrs Virginia Stogdill, were present in favor of the special assessment.
Commr. Burhans informed the Board that a request had been received from Mrs. Butts for the County to end the road before it reached her property. Mrs. Butts indicated in her letter that she did not have the funds to pay for the assessment.
On a motion by Commr Deems, seconded by commr. Carson and carried unanimously, the Board approved the Assessment Roll for Special Assessment #24, Ocala Forest Campsites No 3 (Shockley Hills), as presented, and awarded the bid to Trac Roadbuilders Inc., low bid, in the amount of $114,758.00 for a paved road meeting County standards.
Mrs. Jean Williams addressed the Board and stated that Mr Rick Groves, spokesman for the group, could not be present for today's meeting due to him being in the hospital
HOUSING FINANCE AUTHORITY
Mr. Michael C. Willett, County Administrator, informed the Board that he had spoken with Mr. Sam Mazzotta, Orange County Housing Finance Authority, regarding the possibility of another bond issue.
On a motion by Commr. Smoak seconded by Commr. Carson and carried unanimously, the Board approved for Mr. Sam Mazzotta, Orange County Housing Finance Authority and agent for Lake County, to investigate the possibility of a bond issue for Lake County and report back to the Board.
CONTRACTS, LEASES & AGREEMENTS/WATER AUTHORITY
Mr. Will Davis, Director of Water Authority, was present to discuss the request for approval on the agreement between Lake County and the Water Authority on aquatic weeds.
Mr Michael C. Willett, County Administrator recommended that the agreement be continued for one (1) year.
On a motion by Commr . Carson seconded by Commr. Smoak and carried unanimously the Board approved to extend the agreement between Lake County and the Water Authority for a period of one (1) year.
ORDINANCES/VETERANS SERVICE
Mr. Michael C. Willett, County Administrator, informed the Board that requests have been received from retailers for the County to adopt an ordinance to assist in enforcing laws
pertaining to handicapped parking violations.
Mr. Sanford Minkoff, County Attorney's Office, informed the Board that a bill has been passed enabling law enforcement officials to enforce handicapped parking violations on private property
Mr. Art Ragland, Veterans Service Officer, was present and stated that there would not be a problem with implementing the law, but there could be a problem enforcing it. He stated that the violation would be considered a traffic fine and not a parking fine.
On a motion by Commr. Smoak, seconded by Commr Windram and carried unanimously, the Board authorized Mr. Willett, Mr. Ragland, and Mr. Minkoff to investigate the situation further and to report back to the Board with a recommendation.
PLANNING DEPARTMENT/ZONING DEPARTMENT
Mr. Jerry Sexton, Director of Development, informed the Board that a request had been received from the representatives of the Bramalea project to create a new urban compact node on US 192 and us 27. He stated that the East Central Florida Regional Planning Council Project Review Committee approved the project's Development of Regional Impact (DRI).
Mr. Tom Wilkes, Walker, Gray, Harris & Robinson Orlando, attorney representing Bramalea, was present requesting Board approval of the Resolution amending the Land Use Element of the Lake County Comprehensive Plan.
Mr. Richard Pooley, Developer addressed the Board
that the East Central Florida Regional Planning Council and stated recommended approval of the proposed project, subject to the following conditions:
1 The project will be developed in accordance with the information, data, and plans contained in the DRI/ADA unless otherwise directed by the recommendations enumerated below
2 . If no development activity has occured within five years of issuance of the development order, to exclude rough grading for roadways, drainage improvements and landscaping, then the development order shall expire.
3 . Should any artifacts of archaeological or historical significance be discovered during construction, construction activity on that portion of the site shall immediately cease until the find can be evaluated by the State Division of Archives, History and Records Management,
4 . In the event a Municipal Service Taxing Unit (MSTU) is not established an entity with adequate financial resources must be established to operate and maintain the project's common facilities.
5 . A buffer must be established along the Lake/Orange County Line with the following specifications:
- North of the designated Conservation Area the buffer will consist of a lOO-foot building setback. The easternmost 50 feet shall be kept in a natural state. Land uses such as parking and roadways will be permitted in the westernmost 50 feet.
- South of the designated Conservation Area a 50- foot building setback will be established. The easternmost 25 feet shall be kept in a natural state Land uses such as parking and roadways will be permitted in the westernmost 25 feet.
6 . Building permits for construction within Bramalea should not be granted by the County until the issue of a bona fide potable water supply source is resolved.
7 . Water-saving devices will be used in faucets, showerheads and toilets in residential housing units and commercial and industrial buildings to be constructed in Bramalea.
8. The following transportation improvements shall be accomplished by the completion of each phase:
Phase I - (Present - 1989)
a . Right and left turn entrance lanes at each of the three project entrances.
b. Signalization at both US 192 and entrances to the project when warranted according to Florida Department of Transportation standards.
C . Monitoring of US 192 - SR 545 intersection and US 27 project entrance intersection to determine if signalization is necessary
Phase II - (1989-1993)
a. Addition of a second outbound left turn lane from the project's west access onto 192.
Phase III - (1993-1996)
On a motion by Commr. Smoak, seconded by Commr Carson and carried unanimously, the Board adopted and authorized the Chairman and the Clerk to sign the Resolution Amending the Land Use Element of the Lake County Comprehensive Plan, adopted February, 1977, to delineate the proposed development of Bramalea as an urban compact node consistent with Section 163.3187, Chapter 163, of the Florida Statutes.
RECESS & REASSEMBLY
At 11:lO a.m. the Chairman announced that the Board would recess for lunch. The Board reconvened at 2:00 p.m. for the remainder of the County Administrator's Agenda
COUNTY ADMINISTRATOR'S AGENDA
ROAD CLOSINGS - Portion of Bear Lake Road - Petition #353
No one present wished to discuss the request with the Board.
Mr. Michael C. Willett, County Administrator, informed the Board that the County would need a drainage easement should the road vacation be granted
It was noted that the proper proof of publication was on hand as it appeared in the June 26, 1984, and July 3, 1984, editions of the Sentinel Star, Lake Little Sentinel
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the vacation of that portion of Bear Lake Road abutting Lot 1 in the Plat of Bear Lake Heights Subdivision recorded in Plat Book 11 Page 92, Public Records of Lake County, Florida by Vern E. Huber, as per Petition No. 353, subject to the County receiving a drainage easement.
ROAD CLOSINGS - Portion of Osgood Street - Petition #354
No one present wished to discuss the request with the Board.
It was noted that the proper proof of publication was on hand as it appeared in the June 26, 1984, and July 3 1984 editions of the Sentinel Star, Lake Little Sentinel
On a motion by Commr Windram seconded by Commr Carson and carried unanimously, the Board approved the vacation of that portion of Osgood Street between Central Avenue and Park Avenue according to the plat of Sorrento as recorded in Plat Book 1, Page 32, of the Public Records of Lake County, Florida, by Stuart Saemmer, as per Petition No. 354
ROAD CLOSINGS - Permission to Advertise
Petition #355 - Portion of Emeralda Avenue
No one present wished to discuss this request with the Board
On a motion by Commr Carson seconded by Commr. Smoak and carried unanimously, the Board granted permission to advertise for the vacation of that portion of Emeralda Avenue lying West of Lots 12 and 13, Block 1, and East of Lots 9 and 16, Block 2 in the Plat of Lisbon, recorded in Plat Book 4, Page 7, Public Records of Lake County, Florida by Rev. W K. Richwine, as per Petition #355.
Petition #356 - Portion of North Avenue
Mr. Fred Morrison, attorney representing Orange Blossom Hills, was present to discuss the request with the Board. He stated that Orange Blossom Hills had met with Mr. McNeal,
adjoining property owner who previously objected to the road vacation. He also stated that there was a written agreement between Orange Blossom Hills and Mr. McNeal stating that Orange Blossom Hills would construct a road for Mr. McNeal up to 1800 feet of road running from his access to the highway.
The Board directed Mr Willett, County Administrator, to contact Mr McNeal to make sure he is aware of the request..On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously the Board granted permission to advertise for the vacation of that portion of North Avenue lying East of the centerline of First Street and East of the SW'ly right of way line of the ACL Railroad right of way in the Plat of Conant as shown in Section 8, Township 18 South, Range 24 East, in Lake County, Florida, by Orange Blossom Hills, as per Petition #356, subject with the concurrence of the Public Works Department and all interested parties.
Petition #359 - Groveland Farms
On a motion by Commr Smoak, seconded by Commr. Carson and carried unanimously, the Board granted permission to advertise for the vacation of that portion of the platted 24 foot roadway lying between Tracts 29 and 37, Groveland Farms, Section 32, Township 22 South, Range 23 East as recorded in Plat Book 2 Pages 10 & 11, Public Records of Lake County, Florida.
DEEDS/ZONING
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board accepted a warranty deed from David M Wishneski to Lake County on a wetlands area that is included in a CP (Planned Commercial) zoning approval for mini warehouses in the Eustis area.
ACCOUNTS ALLOWED/PUBLIC WORKS
On a motion by Commr Carson seconded by Commr Deems and carried unanimously, the Board approved the request of the Public Works Department to lease a mixer for one (1) month in the amount of $6,000.00 to enable the Public Works Department to complete the double surface treatment projects.
ANIMAL SHELTER
Mr. Lonnie Strickland, Director of Health & General Services, addressed the Board to discuss the change of the euthanasia method at the Animal Shelter. He stated that House Bill 588 will prohibit the use of high altitude chambers, effective July 30, 1984. He further stated that it requires Shelters to use carbon monoxide, firearms, or injections of sodium phentobarbitol He discussed and presented a breakdown on the costs and the methods which are available. He explained that the carbon monoxide euthanasia has been approved by the American Veterinary Association.
The Board discussed the potential harm to County employees should the employees provide the service of injecting the sodium phentobarbitol.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of Mr. Strickland and approved to convert the high altitude chamber at the Animal Shelter to a carbon monoxide type chamber
AMBULANCES-HOSPITAL DISTRICTS
Mr. Lonnie Strickland, Director of Health & General Services, addressed the Board to discuss indigent obstetrical bills. He gave a brief background on what has transpired in regards to obstetrics in Lake County. He recommended the Board notify the hospital districts that indigent deliveries will no longer be subsidized from the County General Revenue fund in order to encourage the districts to develop a plan or interlocal agreement where obstetrical services are available to all County residents. He also recommended that South Lake Memorial Hospital should not close their OB Unit until some type of service is available to all County residents. He explained that South Lake needed permission from the State to close their OB Unit.
Mr. Sanford Minkoff, County Attorney's Office, informed the Board that the Northwest Hospital District had previously sent a contract to Waterman Memorial Hospital for Waterman to provide obstetrical care for the indigents for the Northwest Hospital District. He stated that Waterman rejected the contract.
The Board discussed constructing a birthing center and manned with mid wives. It was noted that the center has to be contiguous to a skilled level care center. Mr. Minkoff stated that the skilled center can be placed within the birthing center. He further stated that the law requires that a skilled OB physican be available for back up..The Board also discussed employing an obstetrician through the State to handle obstetrical births at a birthing center.
Commr. Smoak made a motion, which was seconded by Commr. Deems to notify Waterman Memorial Hospital that the Northwest Hospital District is willing to pay all the indigent birthing bills submitted to them by Waterman Memorial Hospital, and that the Board will no longer subsidize the birthing of any area in the County, and require that an explanation be given by the Board of Directors at Waterman Memorial Hospital as to why they would not accept public funds from the Northwest Hospital District, and if the explanation is insufficient, then the Board of County Commissioners file suit to recover from Waterman all funds expended to them and for recovery of those funds that would have been paid for by the Northwest Hospital District. Discussion continued
Commr. Smoak withdrew his motion and Commr. Deems withdrew his second.
Mr. Strickland informed the Board that Lake Community Hospital has volunteered to handle all the indigent births in Lake County provided the County employs a physician. It was suggested that the Districts furnish the doctor with his salary coming from District funds through the Health Department so that the physician is a State employee.
On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board referred the indigent obstetrical payments to the Health Care Cost Committee for their review and directed Commr. Burhans and Mr. Strickland to report back to the Board at the August 7, 1984, meeting.
Commr. Windram voted "No".
FIRE DISTRICTS-FIRE DEPARTMENTS/PROPERTY APPRAISER
Mr. Joe Stephany, Emergency Services Director, addressed the Board to request that the County establish an account up to $101,500 for work to be done to place fire protection assessments on the 1985 tax rolls.
Commr. Smoak made a motion, which was seconded by Commr. Carson to reserve funds up to $101 500 for work necessary to place fire protection assessments on the 1985 tax rolls. Discussion occurred.
On a motion by Commr Smoak, seconded by Commr. Carson and carried unanimously, the Board amended the motion in that the funds would come from the Contigency Account in whichever fiscal year the appropriate bills fall.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the motion to reserve funds up to $101,500 for work necessary to place fire protection assessments on the 1985 tax rolls, as amended.
FIRE DISTRICTS-FIRE DEPARTMENTS
Mr. Joe Stephany. Emergency Services Director, addresssed the Board regarding a letter received from a resident in the Three Lakes area pertaining to fire protection.
Commr. Burhans informed the Board that the City of Eustis has terminated fire protection services for the Three Lakes Community, effective November 1, 1984 He stated that the Community is requesting a contractual agreement in the interim until the structural tax is implemented.
Mr. Stephany informed the Board that he had met with Mr. Jarrell, Eustis City Manager, and stated that Mr. Jarrell is not interested in entering into a contract with the County to extend municipal services, He informed the Board that the Dona Vista Volunteer Fire Department would provide fire protection services to the Three Lakes Community.
The Board directed Mr. Minkoff, County Attorney's Office, to correspond with the Three Lakes Commmunity informing them that the Dona Vista Volunteer Fire Department would provide fire protection for the Community at the fee normally assessed by the Volunteer Fire Department.
Mr. Walt Zeiner, Pasco Fire District, and Mr. Charles Blymyer, Bassville Fire District, were present to discuss fire protection in Lake County.
AMBULANCES-HOSPITAL DISTRICTS
Mr. W. H. Dailey was present and made comments on the discussion that was held in regards to the indigent obstetrical payments.
FIRE DISTRICTS-FIRE DEPARTMENTS/PUBLIC WORKS
On a motion by Commr. Smoak, seconded by Commr Carson and carried unanimously, the Board approved the request from the Bassville Fire District to utilize a bulldozer to knock down some trees at Station #2.
There being no further business to be brought before the Board, the meeting adjourned at 4:05 p.m.
Glenn C. Burhans, Chairman
James C. Watkins, Clerk
mcg/7-18-84
7/17/84