A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JUNE 4, 1985

The Lake County Board of County Commissioners met in regular session on Tuesday, June 4, 1985, 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.; Claude E. Smoak, Jr.; C. A. "Lex" Deems; and Thomas J. Windram. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; Michael C. Willett, County Administrator; and Mary C. Grover, Secretary.

Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Carson.

MINUTES

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the Minutes of May 21, 1985, as

submitted.

Commr. Smoak and Commr. Windram were not present for the

vote.

AUDITS/CONTRACTS, LEASES & AGREEMENTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the preliminary draft agreement and authorized the negotiation of fees with May, Zima & Company for the annual audit of the County's Comprehensive Annual Financial Report.

Commr. Smoak was not present for the vote.

BONDS - CONTRACTOR

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

Bonds:

NEW

1938-85 John E. Badley (Class C Building/Master Electrician)

4267-85 Ellis Kent Chavers (Electrical).REPORTS

On a motion by Commr, Carson, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue, Traffic/Criminal Cases for the following

May 17, 1985 ($11,643.83) May 24, 1985 ($14,373.57)

ACCOUNTS ALLOWED/INDIGENTS

On a motion by Commr. Windram, seconded by Commr. Carso weeks: and carried unanimously, the Board approved payment of warrant #48831 through warrant #49136 for the following accounts:

The motion also included payment for the following indigents:

Mabel Weaver for Peggy Jenks - $50/June

C. C. Connell Rentals for Ophelia Odom - $50/June

Lake David Hotel for Cathey McGill - $50/June

Roundtree Development Corp. for Debra Adams - $50/June

Oak Springs Mobile Home Park for Sally DeLuca -$50/June

APPOINTMENTS-RESIGNATIONS/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board appointed David D. Fisher as Fire Commissioner for the Bassville Fire District to fill the position vacated by Mr. Frank Sargent.

ACCOUNTS ALLOWED/SHERIEF'S DEPARTMENT

On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board ratified action taken by the Chairman and approved to fund one full-time deputy sheriff to operate the B.A.T. Mobile from June 1, 1985, through September 30, 1985, at an anticipated cost of $7,235.00 as requested by Sheriff Griffin.

AMBULANCES-HOSPITALS/BONDS/COMMITTEES

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board accepted the Public Official Bonds for the following members of the Northwest Lake County Hospital District:

BUDGETS

Mr. Watkins, Clerk, addressed the Board to discuss the tentative budget calendar for 1985-86. Commr. Carson explained that Sheriff Griffin has requested that his budget request be discussed at the budget workshop scheduled for June 27, 1985.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the tentative budget calendar for 1985-86, scheduling the budget workshops for June 20, 1985 and June 27, 1985 at 10:30 a.m., and directed that Sheriff Griffin be notified that his budget request would be discussed at the budget workshop scheduled for June 27, 1985.

ELECTIONS

Mrs. Emogene Stegall, Supervisor of Elections, addressed the Board with a recommendation to split Precinct 38 to create Precinct 47. She informed the Board that Precinct 47 would be located on the south side of Highway 50 outside of the City of Clermont. She also recommended that the boundary line be changed for Precinct 15 leaving 1,359 voters and combine the remaining voters with Precinct 22. She stated that the total voters for Precinct 22 would be 835.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the reccxnmendations of Mrs. Stegall to split Precinct 38 and create Precinct 47 and approved to change the boundary line of Precinct 15 and combine a portion of that Precinct with Precinct 22.

COUNTY ADMINISTRATOR'S AGENDA CONTRACTS, LEASES & AGREEMENTS/PUBLIC WORKS/ROADS - COUNTY & STATE

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board authorized the necessary signatures on the FY 84/85 agreement with Marion County for maintenance of 6.393 miles of Marion County roads, at a cost to Marion County of $2,460.00 annually.

PUBLIC WORKS/ROADS - COUNTY & STATE

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request to record a maintenance map on Ebersole Road, #4-7688, located in Section 17, Township 18, Range 28.

MUNICIPALITIES/SIGNS

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request from the City of Groveland to purchase five (5) stop signs with posts and brackets at a cost of $345.00.

ACCOUNTS ALLOWED/LANDFILLS/PUBLIC WORKS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request to purchase two transport trailers to support a transfer station purchased from Winter Haven at an approximate cost of $90,000.00.

DEEDS/RIGHT-OF-WAYS,ROADS & EASEMENTS/ROADS - COUNTY & STATE

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board accepted a right-of-way deed from Ralph H and Ann Reeder, Lightfoot Road, #5-9685.

DEEDS/RIGHT-OF- WAYS, ROADS & EASEMENTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board accepted a Drainage Easement at Springs Bath & Yacht Club from Edward T. and Maude K. Baker and Ruth E. Henneberg.

DEEDS/ROADSCOUNTY & STATE

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved to release the road reservations from the Department of Transportation for the following Murphy Act Deeds:

1. #169, #261, #425, #442, #450, #2400 - Release all

reservations.

ACCOUNTS ALLOWED/AGRICULTURE CENTER/BUDGET TRANSFERS

Mr. Terry Cournyea, County Extension Director, addressed the Board to request the transfer of funds to restore greenhouses at the Agriculture Center to useable condition. He stated that the restoration of the existing greenhouses would greatly enhance the ability of the County Extension Agents to conduct demonstration and research programs on propagation of citrus restoration, woody ornamental production, shade tree production and culture and establishment of alternative decidious fruit and nut crops on a commercial scale. He explained that the plastic covering on the greenhouses usually requires recovering every five (5) years.

Discussion occurred regarding the cost to restore the green- houses. Mr. Cournyea stated that the restoration cost would be approximately $4,000 and that the operating and maintenance costs would be approximately $5,830. He stated that there are adequate funds available in the current budget from unused salary for the estimated $4,000 restoration cost. Operating and maintenance funds will be requested in the 1985-86 budget.

On a motion by Commr. Smoak, seconded by Commr. Deems and

carried, the Board approved the request of Mr. Cournyea to restore the greenhouses at the Agriculture Center, approved the transfer of funds in the amount of $4,000 and approved that the $5,830 operating and maintenance costs be placed in the 1985-86 budget, and requested that for next year's budget, Mr. Cournyea make a report to the Board concerning the application use of the greenhouse facilities.

Commr. Windram was not present for the vote.

PRIVATE INDUSTRY COUNCIL

Mr. Jimmie Jones, Private Industry Council, was present requesting the Board authorize the necessary signatures on the Notification of Change to the Service Delivery Area Plan. He discussed the following changes to the Service Delivery Area Plan:

1 . Revision of the Budget Allocation with the total available being $3,416,020.00.

2 . The SDA also defines Youth Competency as the obtainment of GED or entry into part-time employment.

3 . The SDA also included a Youth Remedial Education Program.

4 . The SDA has included upgrading and retraining as part of the plan.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board authorized the necessary signatures on the Notification of Change to the Service Delivery Area Plan.

FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to allow the Fire Prevention Specialist to take the County car home on a 24 hour basis.

COUNTY ADMINISTRATOR/PLANNING DEPARTMENT

Mr. Dan Kotulla, Director of Planning, was present to give a report on the future land use plan revisions. He stated that the Planning and Zoning Commission recommended postponing any action on the revisions to the future Land Use Plans for 30 days pending the outcome of the Growth Management Bill which is being considered in Tallahassee. No action was taken at this time.

ACCOUNTS ALLOWED/MOSQUITO CONTROL

Commr. Smoak made a motion, which was seconded by Commr. Carson to approve the travel request for Eric Cotsenmoyer, Assistant to Mosquito Control Manager, to attend a Public Workshop on Proposed Rule lOD-54-47, Aircraft Application of Adulticides in Coastal Areas, to be held in Marco Island, Florida on June 10, 1985, at 7:00 p.m. at an anticipated cost of $75.00.

Discussion occurred regarding if the amount of funding requested included a registration fee and per diem fees.

Commr. Smoak withdrew his motion and Commr. Carson withdrew his second and directed Mr. Willett, County Administrator, to review the request and report back to the Board this afternoon.

ASSESSMENTS/BIDS

At 1O:OO A.M. the Chairman announced that the advertised time had arrived for the public hearing on Special Assessment #39, Picciola Island. He stated that Sydney Road, Albert Road, Bryon Road, and James Road were included in the special assessment. He stated that the low bid was received from Trac Roadbuilders, Inc. in the amount of $35,444.80.

Mr. M. D. Parker, Bryon Road, addressed the Board and stated that he did not object to the assessment. He stated that he objected to the manner in which the assessment was derived. He stated that the petition was administered by people who do not reside on the crossroads. He further stated that he felt the entire subdivision should be responsible for the assessment and not just the people living on the crossroads.

Mrs. Lois Buhs, Bryon Road, addressed the Board to question special assessment procedures in regards to the percentage of property owners required to sign a petition in order to get the project approved.

Mr. Clyde Cadenhead addressed the Board in favor of the special assessment.

Mrs. Opal Parker, Bryon Road, also addressed the Board to question the type of maintenance that would be done on the roads once they are paved. Commr. Burhans explained to Mrs. Parker that once the roads are paved to County standards, the County would then maintain the roads.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the assessment roll for Special Assessment #39, Picciola Island, and awarded the low bid to Trac Roadbuilders, Inc. in the amount of $35,444.80.

COUNTY ADMINISTRATOR'S AGENDA CONTINUED

ACCOUNTS ALLOWED/ZONING DEPARTMENT

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request for David Clapsaddle, Land Development Manager, to attend "Developments of Regional Impact: Understanding the Process" to be held at the Sheraton Maitland in Maitland, Florida on June 21, 1985, at a cost of $20.00.

SIGNS/ROADS, COUNTY & STATE

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the request for "No Dumping" signs to be placed approximately 500 feet East of the intersection of Goose-Prarie Road and C-452, on the north side of C-452.

CODE VIOLATIONS/COURTS-JUDGES

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign the Satisfaction and Release of Fine on the following Code Enforcement Case:

1 . John Dabney, #163-84 (Rescinding of fine except $15.00 for stamp and document filing)

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign the Satisfaction and Release of Fine on the following Code Enforcement Case:

1 . David M. Moulton, #68-84(Rescinding of fine as per Judges Sturgis, Lockett, and Edwards)

BONDS/SUBDIVISIONS

On a motion by Commr. Deems, seconded byCommr. Carson and carried unanimously, the Board accepted the final plat of Silver Lake Springs, and accepted the Irrevocable Letter of Credit in the amount of $42,636.00 for road construction.

BONDS - MOBILE HOME

On a motion by Commr. Windram, seconded by Commr. Carson and

carried unanimously, the Board approved renewal of the following mobile home bonds:

1 . Clifford F. Cook - Okahumpka Area -District #2

2 . Ralph L. Shepard - Lake George Area - District #5

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved cancellation of the following mobile home bonds:

1 . Robert K. Anderson

2 . Jerome Federinko

ACCOUNTS ALLOWED/EMERGENCY SERVICES/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request to expend $2,507.02 from the Board's contingency fund and requested the Finance Department to pay bills incurred by volunteer fire departments in regards to the Astor Fire.

ROADS - COUNTY & STATE

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to accept SR 44 from SR 500 to SR 19 (11.65 miles) from the Department of Transportation for maintenance subject to the deficiencies being corrected.

CODE VIOLATIONS/COMMITTEES

Mr. Jerry Sexton, Director of Development, addressed the Board to discuss appointments to the Code Enforcement Board. He informed the Board that it was the recommendation of the Circuit Court for the County to come into compliance with the Florida Statutes in regards to the membership of the Code Enforcement -- Board. He stated that in order to come into compliance with the Florida Statutes, the County has to appoint or make an effort to seek applicants in the fields of sub-contractors and engineers.

Mr. Sexton informed the Board that Miss Nancy Horton, who

filled the position of Environmentalist on the Code Enforcement Board, has resigned. He further stated that Mr. Barford,

representative for the mobile home industry, has not been in attendance of the meetings for the last few months due to illness.

Mr. Sexton stated that he has advertised for the positions of sub-contractor and engineer. He stated that one application has been received. He stated that the applicant is not a Civil Engineer, but is a Civil Engineer Technician.

Mr. Ford, County Attorney, recommended that Mr. Sexton contact the civil engineers and sub-contractors in Lake County to see if anyone would like to volunteer to sit on the Board.

It was the feeling of the Board to uphold the recommendation of Mr. Ford and directed Mr. Sexton to correspond with the civil engineers and sub-contractors in Lake County to see if they would like to serve on the Code Enforcement Board.

COUNTY PROPERTY/MENTAL HEALTH

Commr. Deems informed the Board that Lake/Sumter Community Mental Health Center is interested in purchasing the property in front of the former nursing home building in Leesburg and the possible purchase of the building. He stated that they were interested in buying the property located on Canal Street for the purpose of building a Mental Health Unit.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized Mr. Willett, County Administrator, to communicate with the Lake/Sumter Community Mental Health Center Board of Directors in that the Board would consider a proposal from the Mental Health Center concerning the possible purchase of the former nursing home building and property located in Leesburg.

COUNTY PROPERTY

Commr. Windram informed the Board that he had been approached by a realtor who has a client interested in purchasing approximately ten (10) acres owned by the County on Griffin Road in Lady Lake. He pointed out that Griffin Road divides the parcel of property and that the realtor had indicated that her client would be interested in buying the portion of the property which adjoins his property or the entire parcel.

The Board directed Mr. Willett, County Administrator, to review the request and to report back to the Board with a

recomendation.

APPOINTMENTS-RESIGNATIONS/AMBULANCES-HOSPITAL DISTRICTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the appointment of Mr. Jack Bradley to the Northwest Lake County Hospital District Board to fill the position vacated by Dr. Kauffman.

ACCOUNTS ALLOWED/GAME & FISH COMMISSION

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Lake Improvement Association, Inc. to purchase 100,000 black bass minnows from Florida Fish Farms, Inc., in the amount of $10,000, subject to the approval of the Florida Game and Fresh Water Fish Commission and directed that a distribution formula be devised and a specific list of lakes and quantities in which these fish will be placed be submitted to the Board for their approval.

ACCOUNTS ALLOWED/AGRICULTURE CENTER

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from Terry Cournyea, County Extension Director, for 4-H Club funds for program materials, meals, school bus use and driver, totaling $235.00 for 4-H Camp Ocala, June 17-21, 1985.

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 monies in the amount of $30.00 to reimburse the Lake County Sheriff's Department for expenses incurred in sending Deputy Douglas McKinney to the "Emergency Vehicle Operations Course" at the Daytona Beach Community College, held April 15, 16, and 17, 1985.

APPOINTMENTS-RESIGNATIONS/LIBRARIES

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board accepted the resignation from Adelaide D. Hatfield from the Countywide Library Board and directed a letter of appreciation be sent to Mrs. Hatfield.

CONTRACTS, LEASES & AGREEMENTS/SHERIFF'S DEPARTMENT

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board authorized the Chairman to sign the renewal of contract for Services of Process State of Florida, Department of Health and Rehabilitative Services - July 1, 1985 through June 30, 1986, as requested by Sheriff Griffin.

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 agenda.

FIRE DISTRICTS-FIRE DEPARTMENTS/ORDINANCES

Mr. Michael Willett, County Administrator, and Mr. Sanford Minkoff, County Attorney's Office, addressed the Board to discuss proposed amendments to the Fire District Ordinances.

Mr. Willett stated that the amendments to the proposed Fire District Ordinances would make the County the budgeting and collecting authority. He stated that this would not eliminate the Fire Districts.

Mr. Willett stated that he was recommending that the Board become fire commissioners for Lake County. He stated that he felt it was time for the Board to take over fire protection for the following reasons:

1 . Consistency in administration throught the whole County.

2. Guarantee that everyone would pay a fair share of the central administration of the fire program. He pointed out that the Fire Districts would not have to pay unless the Board become the Fire Commissioners for Lake County.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board concurred in principle with the recommendation of Mr. Willett in that the Board of County

Commissioners, subject to final approval of the proposed Ordinances, sit as the Fire Commissioners for all Lake County including the existing Fire Districts.

Mr. Minkoff informed that the Board that the fees to charge needed to be discussed and placed in the proposed ordinances.

Commr. Smoak questioned if the fees could be set by Resolution. Mr. Ford, County Attorney, recommended that the maximum fees should be placed in the ordinances. It was noted that the maximum fees that appeared on the ballot question in November, 1984, could not be raised without referendum approval from the voters.

Discussion occurred adopting the fee schedule as outlined in the ballot question.

Mr. Willett addressed the Board to discuss the fee schedule for the travel trailer parks. He stated that he recommended the charge be 40% of the available spaces.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board tentatively adopted a rate structure on RV parks to be taxed at 40% of the living unit rate and that this information be communicated to the park owners.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved that the fee schedule as outlined in the ballot question be placed in the proposed ordinances. Mr. Willett read a portion of the November 6, 1984 minutes, Minute Book 33, Page 350, in which the Hoard approved to implement only the first three categories on the fee schedule in the 1985 tax year.

Mr. Minkoff explained to the Board that the Florida Statutes requires that a notice be sent to all property owners who will be getting assessed informing the owners that there may be a possibility they may lose their property if they do not pay the bill. After the notices are sent, then a public hearing is required by Florida Statutes.

At this time the Board scheduled the public hearing on the proposed ordinances for June 27, 1985, at 3:00 p.m.

FIRE DISTRICTS-FIRE DEPARTMENTS

Mr. Chuck Sowers, Fire Coordinator, addressed the Board to discuss proposed fire flow requirements. He stated that he is in the process of reviewing all new construction with the exception of the cities that do that on their own.

Mr. Sowers informed the Board that Mr. Minkoff, County Attorney's Office, had recommended that the Board approve in concept the standard operating procedures for fire flow. He pointed out that under the Fire Standards in the Standard Building Code it gives the fire official, in review of the plans for new construction, the ability to set the fire flow. He stated that he will present a proposed ordinance for the Board's review.

It was the feeling of the Board to postpone any action until such time the Board receives input from the Homebuilders Association.

ACCOUNTS ALLOWED/MOSQUITO CONTROL

Mr. Willett, County Administrator, addressed the Board to discuss the travel request from Mr. Eric Cotsenmoyer to attend a Workshop in Marco Island, Florida. Be explained that there are no registration fees and the amount requested includes hotel and per diem.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the request for Eric Cotsenmoyer, Assistant to Mosquito Control Manager, to attend a Public Workshop on Proposed Rule lOD-54-47, Aircraft Application of Adulticides in Coastal Areas, to be held in Marco Island, Florida, on June 10, 1985, at 7:00 p.m. at an anticipated cost of $75.00.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:30 p.m.

GLENN C. BURHANS, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

mcg/6-6-85