A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

APRIL 15, 1986

The Lake County Board of County Commissioners met in regular session on Tuesday, April 15, 1986, 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: James R. Carson, Jr., Chairman: 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; and Toni Austin, Deputy Clerk.

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

MINUTES

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the Minutes of April 8, 1986, as presented.

SUITS AFFECTING THE COUNTY

Mr. Chris Ford, County Attorney, discussed with the Board a States District Court C. Aulls, Lake County, Florida Civil Action lawsuit filed in the United styled Edward J. Brennan, Jr. vs. Ernest. Mr. Ford stated that, should the County, he will recommend that the Board lawsuit be won by the authorize a request for attorney's fees, so that a judgment can be placed as a levy on his property.

Mr. Ford informed the Board that the County Attorney's Office has responded to the three lawsuits, in a timely manner, filed by Charles Steven Richard, United States District Court.

RESOLUTIONS/ROADS-COUNTY AND STATE

Mr. Chris Ford, County Attorney, presented a resolution to the Board for review regarding the approval for the location of a rail-road highway crossing at State Road 561 and State Road 19.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the Resolution of the Board of County Commissioners, as submitted by the County Attorney's Office, for the location of a railroad highway crossing at State Road 561 and State Road 19, and authorized the signatures of the Chairman and the Clerk.

BONDS - CONTRACTOR

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

1998-86 Continental Electric Co. of Florida, Inc. (Elec.)

4022-86 Steve D. Davis (Plumbing1

4354-86 James L. Provenzano (Aluminum Specialty)

ACCOUNTS ALLOWED/INDIGENTS

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the payment of Warrant #56090 through #56396 for the following accounts:

Countywide Fire District

Northwest Fire District

County Transportation Trust

Countywide Library

General Revenue

Mosquito Control

Pasco Fire District

Landfills

Bassville Fire District

Paisley Fire District

Revenue Sharing

Fish Conservation

Section 8

Northeast Ambulance

Private Industry Council

Aquatic Weed

Law Library

South Lake Fire District

Special Assessments

Fine & Forfeiture

General Fixed Assets

Mt. Plymouth Fire District

Road Impact

Northwest Ambulance

Included in the motion was approval of payment for the following indigents:

Clarence Peeples for Charles Holland/$50/District #l

Grandview Apartments for Larry J. Freeman/$50/District #3

Chirley Mitchell for Denet Jean Michel/$50/District #4

REPORTS/SHERIFF'S DEPARTMENT/TAX COLLECTOR/CHECKS KECEIVED

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the Quarterly Forfeiture Report of the Lake County Sheriff's Department from January 1, 1986, to March 31, 1986.

Included in the motion, the Board approved to acknowledge receipt of a check in the amount of $120.15 from T. Keith Hall, Tax Collector, for unclaimed redemption monies, in accordance with the provisions of Florida Statute 197.186.

CONTRACTS, LEASES & AGREEMENTS/CLERK/COURTS-JUDGES

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the proper signatures on the First Amendment to Contract No. CE308, Department of Health and Rehabilitative Services, a contract for Service of Process with the Local Government of Lake County, Florida, by and through the Board of County Commissioners.

ACCOUNTS ALLOWED/COURTS-JUDGES

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the proper signatures on the Satisfaction of Release of Judgment for Delia Alligood, Case #CEB-66, in the amount of $135.00, and the Satisfaction and Release of Judgment for C. Brandt Marshall and Doris W. Marshall, his wife, Case No. 79-124-CA-01, in the amount of $14.00.

CONTRAC'IS, LEASES & AGREEMENTS/ORDINANCES/POLLUTION

CONTROL/RESOLUTIONS

Mrs. Paulette Alexander, Director of Pollution Control, appeared before the Board to discuss the problems regarding permitting for boat docks and seawall constructions. She stated that once the County procedures have been followed for permitting, approval still has to come from the Department of Natural Resources (DNR) in Tallahassee. She further stated that she contacted DNR and was informed of a change in their regulations, which allows them to form an agreement with local governments. Mrs. Alexander stated that basically the County would need to adopt the portions of the Florida Statutes and Administrative Codes, which pertain to individual boat-docks, in a local ordinance, and a written agreement with DNR.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board directed Mrs. Alexander to proceed as discussed.

Mr. Chris Ford stated that a resolution could possibly be adopted and suggested reviewing the agreement proposed by Lee County and DNR.

POLLUTION CONTROL/ORDINANCES

Mrs. Paulette Alexander, Director of Pollution Control, addressed the Board to discuss a proposed ordinance regarding the prohibiting of structures on certain waterways. She stated that a written draft has been prepared and is in the process of being reviewed by the County Attorney's Office. Mrs. Alexander stated that she will present the proposed ordinance to the Board at a later date.

LANDFILLS/GRANTS

Mrs. Paulette Alexander, Director of Pollution Control, appeared before the Board to discuss funding set aside by the State, of $50,000 for each county, for the construction of a local hazardous waste facility. She stated that, at present, no county has applied for the funds, because of the fear of becoming a storage facility for other county's hazardous waste. Mrs. Alexander informed the Board that the Department of Environmental Regulations (DER) is now suggesting the contracting of a temporary facility, with the County supplying the temporary structure, fence and electricity, by using the funds available.

Commr . Carson suggested that Mrs. Alexander investigate the use of the State funding, with the possibility of using the funds to support the contract with a professional hauler, as well as considering present sites for an alternating hazardous waste system.

PERSONNEL/COUNTY EMPLOYEES/DEVELOPMENT

At this time Mr. Michael C. Willett, County Administrator, introduced to the Board Mr. Jerry Annas, Executive Director of Planning and Development.

POLLUTION CONTROL

Mr. David Rosenau, Environmental Engineer, Pollution Control, appeared before the Board to discuss an application for a domestic waste project at the Plantation of Leesbury. He stated that the plant will consist of a 96,000 ypd extended aeration plant with two rapid infiltration ponds. He further stated that a memorandum had been sent to Mr. Ted Wicks, Durden, Wicks & Associates, Inc., informing him that, once the advanced standards are met, the Plantation at Leesburg may be interested in considering golf course irrigation with effluent treated to public access quality.

Mr. Wicks appeared before the Board to discuss the location of the project. He stated that there would be a minimum of 100' set-backs from the east boundary line to the outside tow of the slope on the perculation cells, and the excess of 300' for the treatment plant from the east boundary, to rationalize adequate room for expansion and to offset any negative impact on the neighbors.

Mr. Wicks stated that the project will accommodate 620 units, with a clubhouse. He further stated that the hydraulics and soil characteristics were factors for this site.

Mr. Dennis Horton, Attorney from Clermont and a Trustee of Oxford Estates, appeared before the Board to discuss the proposed domestic waste application. He stated that he was in the process of further developing Oxford Estates along the property line where the proposed sewage treatment is to be placed. Mr. Horton stated that he has no objection to the development, but feels the wastewater treatment plant will have an adverse affect on the development of his property and be detrimental to the residents. He suggested placing the wastewater treatment plant next to the agricultural zoned property.

Mr. Wicks informed the Board that the site would involve approximately 12 acres, with the possible franchising of the development in the future.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the recommendations of the Pollution Control Department and the Department of Environmental Regulations (DER) for the domestic waste application for the Plantation at Leesburg.

ASSESSMENTS/BIDS

At 10:00 a.m. the Chairman announced that the advertised time had arrived for the public hearing on Special Assessment #46, El Bonito Subdivision.

Mr. Michael C. Willett, County Administrator, informed the Board that the low bidder was Lake Contracting, in the amount of $38,864.00. Due to some changes in the contract, the bid was adjusted to $36,245.75.

Mr. Richard Horns, Lot 35, appeared before the Board and stated that he, along with many of the other home owners, were in favor of the paving of the road.

Mrs. Connie Chamblis, Lot 71, requested that her and her husband's names be placed on the petition in favor of the assessment.

Mr. John Whitaker stated that he does not live in this subdivision, but was in favor of the project.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved Special Assessment #46, El Bonito Subdivision, and awarded the low bid to Lake Contracting in the amount of $36,245.75.

Mr. Ben Benedum, Director of Public Works, discussed the placement of the road within the right-of-way boundaries.

Mr. Steve Crawford addressed the Board in question of the type of construction.

RECESS & REASSEMBLY

At 10:20 a.m. the Chairman announced that the Board would recess for ten minutes.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/ORDINANCES

Mr. Chris Giachetti, Director of Administrative Services, appeared before the Board to discuss the codification of ordinances. He informed the Board of some problems with the proposal received from American Legal and stated that he has recontacted Municipal Code to negotiate a contract. He stated that Municipal Code would charge a fee of $18,000.00, for the codification of ordinances, and would include codification of special acts and a supply of 100 copies.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board rescinded the previous action taken, in regards to a contract with American Legal, for the codification of ordinances, as recommended by the County Attorney.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board awarded the contract for the codification of ordinances to Municipal Code, in the amount of $18,000.00.

ROADS-COUNTY AND STATE/RESOLUTIONS

Commr. Windram discussed with the Board a road construction problem on State Road 46 in front of the Sorrento Post Office. He stated that he had requested Mr. Ben Benedum, Director of Public Works, to contact the Department of Transportation (DOT) about repairing the road, which he did to no avail.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved a resolution directing the Department of Transportation to contact the contractor about resolving the problems on State Road 46, as indicated.

CODE VIOLATIONS

Mr. Chris Ford, County Attorney, discussed with the Board the problems with the property where the Central Florida Academy (previously Mt. Plymouth Hotel) was once located. He indicated that portions of the building remain standing on the property. Mr. Ford stated that Mr. Sandy Minkoff, County Attorney's Office, and Code Enforcement Officers have been to the property in order to determine recommendations to be made for the cleaning up and clearing of the property.

Mr. Ford recommended that the problem with said property be referred to the Code Enforcement Board because of its effectiveness in securing results.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board referred the problem of the Florida Central Academy to the Code Enforcement Board for appropriate action.

COUNTY ADMINISTRATOR'S AGENDA

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the request for partial payments to Hewitt Contracting as follows:

Project 7-86 Westmont Road $38,036.30

Project SA-43 Birr Court 21,115.76

BIDS/LANDFILLS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the request to advertise for bids, for Groundwater Monitoring Wells, at County Landfills.

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the request to send Bill Shumaker, Stan Rice, Billy Stephens and Joe Mordini to a half day seminar, in Orlando, on Basic Pavement Maintenance, on May 29, 1986, at a cost of $80.00.

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the request for one-time maintenance for the following:

Robert McBride East Rd. & Gray's Airport Rd. $60.00

Don Divine FL Boys Ranch Rd. 40.00

DEEDS/RIGHT-OF-WAYS, ROADS-EASEMENTS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board accepted the following right-of- ay deeds:

Alger Enterprises #4-6580 W. Eldorado Dr.

David/Susan Vermeulen #3-0847 Lake Louisa Rd.

Bernice (Waye) Black #l-6304 Spring Lake Rd.

William S. McClelland #l-4122 Sunnyside Dr.

Donald/Patricia Litchfield Off Brantley Branch Rd.

Diane Fisher/Beverly Hales #3-0847 Lake Louisa Rd.

DEEDS/RIGHT-OF-WAYS, ROADS-EASEMENTS

On a motion by Commr. Burhans, seconded by Commr. Windram

and carried unanimously, the Board approved the request for the execution of a Quit Claim Deed to Alger Enterprises, for right-of-way previously deeded to the County, that is not necessary.

DEEDS/ROADS-COUNTY AND STATE

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

2838 Release all reservations Mt. Plymouth

COUNTY ADMINISTRATOR/PERSONNEL

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the change in the Personnel Rules on the position qualifications section.

ACCOUNTS ALLOWED/COUNTY EMPLOYEES

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request for Board employees to attend the "Better Writing Made Painless" workshop sponsored by the Clerk, on April 17, 1986, in Tavares, at a cost of $25.00 each.

ACCOUNTS ALLOWED/COUNTY ADMINISTRATOR

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request for Michael Willett to attend the Conflict Resolution Workshop, sponsored by the University of Central Florida, on April 25, 1986, in Altamonte Springs, at a cost of $35.00.

ACCOUNTS ALLOWED/BONDS/SUBDIVISIONS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request to release a Maintenance Bond, in the amount of $6,699.50, for Orange Lake Estates.

BONDS-MOBILE HOME

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the renewal of the following mobile home bonds:

Daryl L. English, Jacks Lake Area, District #2

Harriet Roitman, Mt. Plymouth Area, District #4

Thomas J. Paul, Emeralda Island Area, District #5

FIRE DISTRICTS-FIRE DEPARTMENTS

Mr. Michael C. Willett, County Administrator, requested the postponement of the discussion regarding the loan at Barnett Bank for fire protection needs, due to the paperwork being in Mr. BUZZ Bowen's office, Attorney for the bank.

BIDS/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried, the Board approved the request to bid out the Ferndale Fire Garage.

Commr. Burhans was not present for the vote.

ACCOUNTS ALLOWED/PUBLIC HEALTH/MENTAL HEALTH/WELFARE

DEPARTMENT

On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board approved the request for Lonnie Strickland and Myra Smith to attend the State Association of County Officers Seminar on "Community Mental Health: The County's Role", at the Omni International Hotel, in Orlando, May 30, 1986, at a cost of $50.00.

Commr . Burhans was not present for the vote.

ACCOUNTS ALLOWED/MOSQUITO CONTROL

On a motion by Commr. Smoak, seconded by Commr. Windram and carried, the Board approved the request for Eric Cotsenmoyer to attend the 57th Annual Meeting of the Florida Anti-Mosquito Association, in Jacksonville, May 4-7, 1986, at an estimated cost of $219.00.

Included in the motion was the approval for Phil Yoder to attend the same meeting, at an estimated cost of $128.00.

Commr. Burhans was not present for the vote.

ACCOUNTS ALLOWED/ANIMAL SHELTER

On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board approved the request to construct night deposit cages and security fence at Animal Control, at an estimated cost of $l,lOO.OO, from the Donation Fund.

Commr. Burhans was not present for the vote.

ACCOUNTS ALLOWED/POLLUTION CONTROL

On a motion by Commr. Smoak, seconded by Commr. Windram and carried, the Board approved the request for Paulette Alexander to attend the Effluent Reuse Seminar, in Orlando, on April 30, 1986, at a cost of $17.00.

Commr. Burhans was not present for the vote.

COUNTY ADMINISTRATOR

On a motion by Commr. Smoak, seconded by Commr. Windram and carried, the Board approved the request from Michael C. Willett, County Administrator, for annual leave June 16-27, 1986.

Commr. Burhans was not present for the vote.

FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board approved the request for Karen Bowerman, Fire Prevention Specialist, to take a course in Sociology at Lake- Sumter Community College, to complete her Fire Technology Associates Degree.

Commr . Burhans was not present for the vote.

RECESS & REASSEMBLY

At 11:OO a.m. the Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m. for the road closings.

ROAD CLOSINGS - Grand Island Area - Petition #411

No one was present to discuss this request with the Board. It was noted that the proper proof of publication was on hand as it appeared in the April 3, 1986, and April 10, 1986, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request to vacate that portion of the Grand Island Area, as advertised in Petition No. 411, by Wilbur W. Tennant.

ROAD CLOSINGS - Suburban Shores Area - Petition #412

Mr. Michael C. Willett, County Administrator, informed the Board of a letter received from Mr. Bob Macchi stating an objection to the request, because of a possible future problem with the closing of the road.

Mr. Dan Paulinski, Suburban Shores, appeared before the Board and stated that the portion of Sunset Terrace, in discussion, is not presently paved or maintained. He discussed his concern, with the future paving of his road, should this request be approved. Mr. Paulinski further discussed the liability, of property owners, should an accident occur on said road. Mr. Travis Bryan, Petitioner, appeared before the Board and stated that the request for the vacation was made, so that he could maintain the road.