A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

APRIL 1, 1986

The Lake County Board of County Commissioners met in regular session on Tuesday, April 1, 1986, at 9:OO a.m. in the Hoard of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: James R. Carson, Jr., Chairman (arriving at 9:20 a.m.); Glenn C. Burhans; Claude E. Smoak, Jr.; Thomas J. Windram; and C. A. "Lex" Deems. Others present were: Christopher C. Ford, County Attorney: James C. Watkins, Clerk: Michael C. Willett, County Administrator: Katherine A. McDonald, County Administrator's Office: Bob Wilson, Finance Director; and Sandra Carter, Deputy Clerk.

James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Burhans.

MINUTES

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the Minutes of March 18, 1986, as presented.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the appointment of Mr. Richard Seuffert, Leesburg, to represent District #5, on the Planning and Zoning Commission.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the appointment of Mr. Wilson G. Sheppard, Sorrento, to represent District #4 on the Planning and Zoning Commission.

DEEDS/CLERK/CHECKS RECEIVED

On a motion by Commr. Burhans, seconded by Commr. Smoak and made carried unanimously, the Board acknowledged receipt of a check payable to the Clerk of the Circuit Court, in the amount of $7,385.81, on unclaimed excess proceeds due landowners on applica -tions for tax deeds.

LICENSES AND PERMITS

Commr. Burhans made a motion to approve the Gun Permits and Bonds as listed on the Clerk's Agenda, except the ones which had sheets attached. The motion died for the lack of a second.

Discussion occurred regarding the individuals who had rap sheets.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the following Gun Permits and Bonds:

RENEWALS NEW ADDITIONS

William R. Brooks David Ouattlebaum Homer Reese

David Hanson Denise G. Yasko

Judith Clark Stephen K. Halter

Paul L. VanAtta Earle Snider

Martin Bruechert Jeffrey Philip Carlton

William Finlayson, Jr. Roger A. Sterns

Steven H. Nichols June M. Ouattlebaum

Ivan Lee Hill Harvey R. Rowe, Sr.

David A. Rider

Included in the motion was denial of the following Gun Permits and Bonds, due to information received from the Sheriff's Department:

Clarence J. Cox

James W. Norris

James Shrader, Jr.

BONDS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the following Contractor Bonds and Cancellation:

NEW

539-86 Fred C. Kuhlman (General)

1422-86 Elmer R. Bulling (Building )

1865-86 Lance C. Dotson (Residenti 1 Building)

4071-86 Arnold0 Zapatero d/b/a A & Z Air Conditioning & Heating

4342-86 Hecht Electric, Inc. (Electrical)

4343-86 Elmer C. Bandy d/b/a JBC Electrical Wiring Contractors,1�C. (Electrical Contractor)

4344-86 Jay Dameron d/b/a Jay Dameron Enterprises (Air Cond.)

4345-86 Palmland Construction Co., Inc. (Class A - General)

4346-86 Herbert L. Smith (Class C - Residential)

4347-86 Bryant and Dehner Aluminum, Inc. (Aluminum Specialist1

4348-86 Richard A. Baugh (Air Conditioning Contractor)

4349-86 Ronald Edward Northcutt (Air Conditioning Contractor)

4350-86 Flagship Construction (General)

CANCELLATION

1597-86 Earl J. Kerby d/b/a Heritage Construction

AMBULANCES-HOSPITAL DISTRICTS/REPORTS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the Northeast Lake County Hospital Co., Inc. Cash Basis Financial Statements for Years Ended September 30, 1985 and 1984 and the Waterman Medical Center, Inc. Financial Statements and Supplementary Information for Years Ended September 30, 1985 and 1984.

REPORTS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases, for the week of March 14, 1986, in the amount of $14,604.38 and for the week of March 21, 1986, in the amount of $12,996.30.

COUNTY PROPERTY

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved and authorized proper signatures on the list of items (presented to the Hoard) to be deleted from Lake County's Fixed Assets.

COUNTY ADMINISTRATOR'S AGENDA

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request from the South Lake Fire District to purchase the following equipment, at a total cost of $2,800.00:

1 2-1/2" Elkhart Stinger Deluge Gun with 2-1/2 clappered intakes 1 NE92 l/2" Master Stream Nozzle 1 - JO061

1 #711 Ajax Air Chisel Kit

2 Hose Clamps with running board holders

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request from the Yalaha Volunteer Fire Department to purchase the following equipment, at a total cost of $1,670.00:

1 Float Dock strainer

1 Ladder - 24' aluminum pumper type; two section extension equipped with automatic spring loaded locks, rope, pulley and steel spikes

2 l-1/2" Fog nozzles

1 2-l/2" Playpipe nozzle

1 2-1/2" Fog nozzle

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request to bid for a new pumper, for the Altoona Volunteer Fire Department, at an estimated cost of $85,000.00.

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to bid for a new pumper, for the Mid-Florida Lakes Mobile Home Park Volunteer Fire Department, at an estimated cost of $75,000.00.

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request from the Sunlake Volunteer Fire Department, to purchase the following equipment, at an estimated cost of $250.00:

I #4515 Akron 1-1/2" Combination Nozzle

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request for Karen Bowerman, Fire Prevention Specialist, to enroll at Volusia Community College, for the "Fire Protection and Extinguishing Agents" course, to be offered April 28 through May 5, 1986, at a cost of $63.75, for the three hour course.

BIDS/ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

Discussion occurred regarding a bid, on fire communications transmitters, awarded to General Electric, at the March 18, 1986, Board Meeting, and reasons why the Board would have to rescind the action taken at said meeting, concerning General Electric.

The County Administrator, Mike Willett, stated that General Electric had asked for extra money for the scanner, thereby, making the Johnson Communications bid the best bid.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved to rescind the previous action taken at the March 18, 1986, Board Meeting, awarding the bid to General Electric.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board awarded the bid, on fire communications transmitters, to Johnson Communications, in the amount of $22,696.00.

ACCOUNTS ALLOWED/MOSQUITO CONTROL

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

carried unanimously, the Board approved the request to purchase one bed liner for the new vehicle for Mosquito and Aquatic Weed Control, at an estimated cost of $215.00.

VETERANS SERVICE/COMMITTEES

The County Administrator, Mike Willett, stated that the State Association of County Veterans Service Officers would be reviewing some proposed State legislation that would affect the County's relationship with the Veterans Service Office.

Mr. Arthur Ragland, Veterans Service Officer, appeared before the Board and stated that the State Association of County Commissioners had asked the Executive Committee of the County Veterans Service to serve on the technical advisory groups in trying to coordinate all social services throughout the State. In the past, there had been some communication problems between the Veterans Service and other agencies to try and get these programs together.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board granted permission and approved the nomination for Arthur Ragland, Veterans Service Officer, to serve on the Executive Committee of the State Association of County Veterans Service Officers, serving eleven counties.

Included in the motion was the request for the Board of County Commissioners to send a letter of nomination and support to be mailed to the proper authorities, indicating the Board's support of Mr. Ragland's nomination.

CONTRACTS, LEASES & AGREEMENTS/PUBLIC HEALTH

Mrs. Catherine Ayler, Lake County Public Health Unit, appeared before the Board to give some input regarding a request for an amendment to the Lake County Public Health Unit Contract for FY 85/86 and to answer any questions there might be from the Board.

The only change in this document concerns the Women, Infants and Children (WIC) Supplemental Food Program revenue and expenses, is program is a Lake/Sumter pro- and affects State dollars only. The gram and, in the past, all revenues County budget, which has required a have been placed in the Lake journal transfer to Sumter County of those expenses occurring in and being paid for out of the Sumter County Public Health Unit budget.

To improve the budget amendment and simplify some of the accounting process, the decision was made by the WIC Program Office to make an allocation of WIC revenue directly to the Sumter County Public Health Unit budget, which necessitated the budget amendment.

Sixteen thousand two hundred thirty two dollars ($16,232.00) was to be transferred, but due to a $15,000.00 increase in funding, that was awarded in February and applied to the budget, only a reduction of $1.232.00 was required in the Lake County budget.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request for an amendment to the County Public Health Unit Contract for FY 85/86, in the amount of $1,232.00.

ACCOUNTS ALLOWED/POLLUTION CONTROL

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the request for Richard Roof and Ben Nesheiwat to attend a Laboratory Technician Accreditation Seminar, co-sponsored by the Florida Society of Environmental Analysts and Santa Fe Community College, to be held in Gainesville, May 1, 1986, at an estimated cost of $112.00.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request for partial payment to Superior Asphalt Company, in the amount of $10,767.13, for Project No. 8-86 Anderson Hill Road.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the request for partial payment to Superior Asphalt Company, in the amount of $17,609.40, for Project No. 4-86 Loghouse Landfill.

CONTRACTS, LEASES & AGREEMENTS

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request for a Garbage Collection Franchise for B & P Garbage Service - Applicant: Bud Robinson, Jr.

ROADS-COUNTY & STATE/SIGNS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request for the speed limit on Highway 44 to be changed from 45 m.p.h. to 35 m.p.h., from #5-7528 Emeralda Island Road to Dr. Brokaw's office.

ROADS-COUNTY & STATE/SIGNS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request to name two unnamed roads in Holiday Mooring Campsites off Alco Road #5-9587, Holiday Drive and McPherson Lane.

RIGHT-OF-WAYS, ROADS- ASEMENTS/DEEDS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request to accept the following right-of-way deeds:

Arthur J. Biggers #l-4124 Sunnyside Drive

Raymond Taylor #3-0840 Oswalt Road

Junior Mills #l-6304 Spring Lake Road

Walter/Patricia Campbell #3-0847 Lake Louisa Road

Donna/Jayson Milne #3-2441 Howey Cross Road

Frank J. Williams Appaloosa Trail, Hilltop S/D

Frank J. Williams Welsh Trail, Hilltop S/D

RIGHT-OF-WAYS, ROADS-EASEMENTS/DEEDS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Hoard approved the request to accept the following drainage easement deed:

George T./Eileen K. Sander S8, T23S, R26E, Govt. Lot 2,

Monte Vista Park Farms

COUNTY EMPLOYEES/PERSONNEL

Discussion occurred regarding organizational changes in the

Department of Development.

The County Administrator, Mike Willett, recommended that the position of Director of Development be filled by Mr. Jerry Annas, from Monroe County (who has more than twenty (20) years experience).

Mr. Willett also recommended that Mr. Annas's title be changed from Director of Development to Executive Director of Planning and Development.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the hiring of Mr. Jerry Annas, as Executive Director of Planning and Development, at an annual salary of $31,500.00.

Mr. Willett also recommended that the total annual salaries for the Departments of Planning, Zoning, and Building, be approved for $520.000.00 rather than $512,912.00, as originally proposed.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the amount of $520,000.00, as the total annual salaries, for the Departments of Planning, Zoning, and Building.

HONDS - MOBILE HOME

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the requests from Stephen and Roseanna Richards, South Clermont Area, District #3; Colista Shaw, Mt. Plymouth Area, District X4; and Stanley Elwell, Sorrento Area, District #4, to live on the same pieces of property on which their conventional dwelling units are being built, subject to the proper bonds being posted and with the understanding that their mobile homes will be removed upon completion of their conventional dwelling units or upon the request of the Board of County Commissioners.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request for the renewal of a mobile home bond for Curtis Wicks, Villa City Area, District #2.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the cancellation of mobile home bonds for Fred P. Thompson, Mt. Dora Area, District #4; and Jerry D. Brinson, Picciola Area, District #1.

SUBDIVISIONS/BONDS/ROADS-COUNTY & STATE

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to release an Irrevocable Letter of Credit, in the amount of $51.260.00, for Eagles Nest Subdivision; acceptance of a maintenance bond, in the amount of $11,085.85; and acceptance of the following streets into the County maintenance system: Maxwell Street - #5-9688D and Williams Street - #5-9688E.

REPORTS/BUDGETS

Mr. Duke Landorf, representing May Zima & Company, appeared before the Board to discuss the Lake County Comprehensive Annual Financial Report, for the Fiscal Year ended September 30, 1985, and to answer any questions there might be from the Board. He stated that said report was prepared under the direction of Mr. James Watkins, Clerk of the Circuit Court, and specifically by Mr. Bob Wilson, Finance Director.

Mr. Landorf discussed several categories in the report and answered a number of questions, presented to him by the Board, concerning these categories.

In general, addressing the Management Letter, Mr. Landorf stated that this was the first year that there were no material weaknesses in the system of internal accounting control. He also stated that Lake County was in better shape, financially, than the other five (5) counties that he deals with. Lake County's Fund Balance is fifty-six percent (56%) of expenditures, which he felt was very good.

The Board thanked Mr. Landorf for his presentation and congratulated Mr. Bob Wilson, Finance Director, for a job well done.

RECESS AND REASSEMBLY

At 10:25 a.m. the Chairman announced that the Board would

recess until 10:30 a.m.

ZONING

Mr. Mike Willett, County Administrator, stated that the case of Valentine & Company, CUP 1000-2, had originally been put on the Agenda, as a case that was to be reviewed, which had originally been turned down. The Board was to discuss why the case should be reopened: however, the petitioner can apply without the Board's approval being that a different piece of land is involved.

Mr. David Clapsaddle, Zoning Department, stated that when the Conditional Use Permit was heard, the legal description which the staff had received from the applicant, was a different legal description than what was to be heard today. The reason for denial at the Planning 6 Zoning Commission was due to the property having not been properly posted as well as the fact that there was considerable opposition in the audience. It was also noted that the applicant did not appear at either the Planning & Zoning Public Hearing or at the County Commission Public Hearing regarding the case.

Mr. Dennis Hillary, petitioner, appeared before the Board and stated that his company has been in operation for almost two years at the location in question. He was under the impression that their St. John's application, which has an operational plan, as well as a reclamation plan; completely shows that all the water that is being pumped is contained; and has a legal description of the property being utilized at the present time, was permission for him to operate his peat mining business. His company has been in business in Lake County for ten (10) years, has six hundred (600) customers, and employs eighteen (18) people.

He also indicated to the Board that the accusation that his company was pumping and flooding the neighbors was invalid. His business has absolutely no effect on the neighbors' property: the property in that area is wetland property. He was unaware that he had to be at the Board Meetings to defend himself.

Mr. Frank Huerta, adjacent property owner, appeared before the Board and presented the Board with a petition of eighty-four (84) names (to be forwarded to Planning & Zoning for their records) in opposition of this peat mining operation. He stated that Mr. Hillary has no permission to operate at said site and that the wells in the area are drying up.

Mrs. Dorothy Garner, neighbor to Mr. Hillary's peat mining operation, appeared before the Board and stated that her well had caved in (which she felt was due to the peat mining operation), and, at times, her road is impossible to travel on due to flooding.

Mr. Clapsaddle, Zoning Department, stated that he had been at the site last week and that the flooding and the wells caving in, in his opinion, was not due to the peat mining operation. He did have a couple of concerns, which he indicated to the petitioner would have to be corrected before a Conditional Use Permit would be granted.

Mr. David Rosenau, Zoning Department, presented some photos which he had taken the morning of the the area as a flood plain. th meeting showing

MS. Caroline Poulos, neighbor to the mining operation, appeared before the Hoard stating that two to three years ago, when the peat mining operation was begun, the roads flooded out quite often. It was the feeling of the residents in this area that the mining operation contributed to the flooding of the roads.

Commr. Carson stated that no action could be taken at this Board Meeting, regarding Case No. CUP 1000-2, due to the fact that the legal description regarding this case, is a different legal description than previously submitted, and directed Mr. Hillary to use undue haste in submitting his CUP application regarding the case discussed this date.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Hoard instructed the staff to give the petitioner minimum necessary time to submit an accurate petition for a Conditional Use Permit for the operation which is currently permitted by the St. John's Water Management District for review by the staff and submission to the Planning & Zoning Commission and the Hoar of County Commissioners for action and a decision.

SHERIFF'S DEPARTMENT/ACCOUNTS ALLOWED

On a motion by Commr. Burhans, seconded by Commr. Deems and ed unanimously, the Board approved the request from the Sheriff's Department to be reimbursed monies in the amount of $889.00, pursuant to Florida Statute 943.25 (8) A, Lake County Ordi-nance 1982-1, for expenses incurred in sending Sheriff Noel E. Griffin to the Plantation Inn & Golf Resort in Crystal River, Florida, to attend the Florida Sheriff's Association 1986 Mid-Winter Conference, held February 2-5, 1986, $313.00; Sheriff Noel E. Griffin to the F.D.L.E. Academy in Gainesville, Florida, to attend a twenty (20) hour "The Budget" Seminar, held March 4-6, 1986, $100.00; Lt. John Collins to Cocoa Beach, Florida, to attend the Florida Intelligence Unit Conference held March 10, 1986, $308.00; Investigator Gloria Terry to Valencia Community College to attend further education and training in "Sexual Abuse and Sexual Exploitation of Children" held February 26-28, 1986, $168.00.

APPOINTMENTS-RESIGNATIONS/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Hurhans, seconded by Commr. Deems and carried unanimously, the Hoard approved the following appointments and resignations for the Northwest Fire District Advisory Hoard: Reappointment of Conley Kidd - Picciola; appointment of Rochelle Montgomery to replace Mr. Scinicola - Spring Lake: and appointment of Mr. 'Thomas Meagher to replace Mr. Carl McKinney - Spring Lake; and directed letters of appreciation to be sent to Mr. Scinicola and Mr. McKinney.

RECESS AND REASSEMBLY

At 11:30 a.m. the Chairman announced that the Hoard would recess until 2:00 p.m.

ROAD PROJECTS/PLANNING/ORDINANCES

Mr. Dan Kotulla, Director of Planning, appeared before the Board to give a presentation regarding the Five Year Road Capital Improvement Program and to answer any questions there might be from the Board.

He stated that approximately one and one-half months ago he had presented and discussed with the Hoard the preliminary Five Year Road Capital Improvement Program for the road benefit districts which were required to be prepared under the Road Impact Fee Ordinance. Subsequent to that, copies were sent to all the members and asked that they review it with their City Council and see if they had any problems, and to get their comments back to the Planning Department.

The Five Year Road Capital Improvement Program consisted of three Planning Areas - A, H, and C. There was considerable discussion between Mr. Kotulla and the Hoard regarding these three areas. Area "A" was approved with the stipulation that Hwy. 19-A be fourlaned. Regarding Area "B", Mr. Kotulla stated that #4, which is the Leesburg East/West connector, has had some of the design work moved ahead and some of the construction in the FY 1987/88 will be started sooner than previously planned. Regarding Area "C", Mr. Kotulla stated that in light of the City of Groveland not participating in the Impact Fee Ordinance, he would recommend that the #1 project be removed.

Mr. Kotulla recommended that the Five Year Road Capital Improvement Program be approved subject to the following changes:

• Under Planning Area "A", the four-laning of Hwy.

19-A, from the Eustis interchange to the Mt. Dora

interchange, with the cost and the year to be deter-mined

by the staff.

(2) Under Planning Area "C", that the project now showing

for Groveland (Kansas Avenue) be removed, and in its

place, the number one priority to be the Clermont

project (Grand Highway) widening and resurfacing.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the Five Year Road Capital Improvement Program as presented, with stipulations indicated (which are priority items established by the Board of County Commissioners) subject to periodic review, in terms of project priority and monies available.

ROADS-COUNTY & STATE/PUBLIC WORKS

Discussion occurred regarding the possible rerouting of commercial traffic away from SR 561 around Lake Minneola.

Commr. Smoak suggested possibly rerouting SR 561, hut was told by Mr. Ben Benedum, Director of Public Works, that he did not believe that it could be done without the approval of the Department of Transportation, but that he would check with the Department of Transportation and bring an answer back to the Board at a later date.

No action was taken regarding this matter at this time. ROADS-COUNTY & STATE

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved for the name of a road off of East Eldorado Drive, referred to as Alger Road, to be called West 4/l/86.Eldorado Drive #4-6580.

ACCOUNTS ALLOWED

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved payment of Warrant #55677 through Warrant #56089 for the following accounts:

There being no further business to be brought before the Hoard for discussion, the meeting adjourned at 3:05 p.m.

JAMES R. CARSON. JR., CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

sec/4-3-86