A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JUNE 17, 1986

The Lake County Board of County Commissioners met in regular session on Tuesday, June 17, 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, (arriving at 10:20 a.m.); and C. A. "Lex" Deems. Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk; Katherine A. McDonald, County Administrator's Office; Ava Kronz, County Administrator's Office; and Toni Austin, Deputy Clerk.

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

MINUTES

The Board postponed action on the Minutes of June 10, 1986, until the next regular scheduled Board meeting.

LAWS & LEGISLATION

Mr. James C. Watkins, Clerk, informed the Board of a House Bill that was passed in the 1986 Legislature, authorizing the Board of County Commissioners to adopt a service fee of $10 or 5 percent of the face amount of the check, draft, or order, whichever is greater, up to a maximum fee of $25, for the collection of a dishonored check, draft, or other order for the payment of money to a county official or agency. (Chapter 86-51)

On a (notion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board adopted the service fee, as stated by Mr. Watkins, and referred to as Chapter 86-51.

BONDS-CONTRACTOR

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

New

4364-86 William Solitro (Air Conditioning Contractor)

4365-86 Dulando Screening & Awning, Inc.

4366-86 James A. Quarles Residential Contractor, Inc.

4367-86 Isaac J. Wheelis (Plumbing Contractor)

4368-86 Lake County Roofing

REPORTS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases, for the week ending June 6, 1986, in the amount of $20,943.18.

ACCOUNTS ALLOWED/INDIGENTS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the payment of Warrant #57640 through Warrant #57982 for the following accounts:

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

Tropic Realty for Robert E. Hubbard/District # l/$50

APPOINTMENTS-RESIGNATIONS/FIRE DISTRICTS-FIRE DEPARTMENTS

Commr. Burhans made a motion to approve the following appointments to the District No. 4 Advisory Board, as submitted by Mr . Chuck Sowers, Fire Coordinator:

Meadows VFD Ms. Sylvia Price

Altoona VFD Mrs. Rose Buseman

Dona Vista VFD Mrs. Alice Martin

Pasco Fire District Theodore Schaeffer & John West

Commr . Burhans discussed the situation concerning the consolidation of the areas involved and stated that he had some problem with it.

At this time Commr. Burhans withdrew his motion.

No action was taken at this time.

APPOINTMENTS-RESIGNATIONS/FIRE DISTRICTS-FIRE DEPARTMENTS

Discussion occurred regarding the proposed appointments, as submitted by Mr. Chuck Sowers, Fire Coordinator, to the District No. 2 Advisory Board, as follows:

Forest Hills VFD Mrs. Dorothy Newell

Lake Kathryn Eugene R. Kroenke.

Commr. Burhans suggested approving the removal of two members, as recommended by the Paisley Fire District Advisory Board, before appointing new members.

Action was postponed until definite information could be provided to the Board regarding the members.

SUITS AFFECTING THE COUNTY

Mr. Chris Ford, County Attorney, informed the Board that Mr. Roy Smart is planning to appeal the decision made by the Eleventh Circuit Court. He stated that an answer would have to be filed by the County, should this occur.

COUNTY ADMINISTRATOR'S AGENDA

ACCOUNTS ALLOWED/BIDS/PUBLIC WORKS

Mrs. Kathy McDonald, Assistant to the County Administrator, recommended approval of the request to advertise for a front end loader for District I maintenance: present John Deere loader #7688 is on buy-back dated September 4, 1986, in the amount of $85,500.00. She informed the Board that there may be some problems with the buy-back, because it is with the same company that the County is presently having problems with.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request, as recommended, for the advertisement, and to exercise the buy-back in the contract on the existing machine.

BONDS/RESOLUTIONS

Mr. Dan Robuck, Attorney, representing M & D Properties/Shutze & Techman, P.A., appeared before the Board for an advertised public hearing to authorize a bond issue, for an amount not to exceed $1,385,000.00. He stated that the bond issue would be utilized for the expansion of their laboratory on Dixie Avenue in Leesburg. He stated that it is private financing, with a Letter of Commitment from the bank.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the proper signatures on the Bond Resolution for M & D Properties/Shutze L Techman, P.A., for an amount not to exceed $1,385,000.00.

BONDS/CONTRACTS, LEASES & AGREEMENTS/RESOLUTIONS

Mr. Dan Robuck, Attorney, presented to the Board a request from Clifton L. Bridges, Glenda J. Bridges, James M. Hardy and Pauline T. Hardy, for a bond issue, in an amount not to exceed $1,500,000.00. He stated that the bond issue would be utilized for the purchase of land, a facility, and equipment for ear, nose and throat medical treatment. He further stated that it would be private financing.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the proper signatures on the Inducement Resolution, as stated by Mr. Robuck.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved and authorized the proper signatures on the Memorandum of Agreement with Clifton L. Bridges, Glenda J. Bridges, James M. Hardy and Pauline T. Hardy.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the advertisement of a public hearing on the Inducement Resolution and Memorandum of Agreement for a bond issue, not to exceed $1,500,000.00, with the time to be determined by the Chairman of the Board, for Clifton L. Bridges, Glenda J. Bridges, James M. Hardy and Pauline T. Hardy.

Commr. Smoak discussed the allocation of Industrial Revenue Bond funds to be utilized by Lake County, and stated that the public should be made aware of the funds and the broad uses of application.

COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the request to purchase a Kroy 290 lettering system, for the Drafting Department, at a cost of approximately $1,460.00.

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the request to purchase a replacement theodolite, for the survey crew, at an approximate cost of $2,300.00.

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request for Wade Curtis and Jim Stivender to attend the F.D.O.T. District V Utilities Liaison Committee Meeting in Orlando, on Thursday, July 10, 1986, at a cost of $24.00.

ACCOUNTS ALLOWED/LANDFILLS

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request for Roland Lewis to attend the GRCDA convention, on July 10 and 11, 1986, in Sarasota, Florida, at an estimated cost of $215.00.

ACCOUNTS ALLOWED/MUNICIPALITIES/SIGNS

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request to face six signs for the City of Groveland, and furnish posts and brackets, in the amount of $120.00.

ACCOUNTS ALLOWED/MUNICIPALITIES/SIGNS

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request from the City of Mt. Dora, to make three street signs, at a cost of $45.00.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request for partial payment to Trac Roadbuilders, for Project No. 9-86 Lake Unity Road, in the amount of $130,820.87.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request for partial payment to Superior Asphalt Company, for the following:

Project No. 4-86 - Loghouse Landfill Project - $22,537.39

Project No. 8-86 - Anderson Hill Road - $55,498.07

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request for partial payment to Hewitt Contracting for Project No. 10-86 Longacres Road, in the amount of $67,704.48.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request to award Project No. 11-86 c-33, 48 Intersection Improvement Design-Build Construction Project to Trac Roadbuilders, in the amount of $86,994.00.

DEEDS/RIGHT-OF-WAYS, ROADS-EASEMENTS

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

Right-of-Way Deed

Robert/Shirley McCain #5-8279 Hawkins Road

Drainage Easement Deed

Mary L. Beers & Lonnie L./

Loren Liston Corley Island Road

Non-Exclusive Easement Deed

Mary L. Beers & Lonnie L./

Loren Liston Corley Island Road

Commr. Deems was not present for the vote.

MUNICIPALITIES/PUBLIC WORKS/ROAD PROJECTS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried, the Board approved the request from the Town of Astatula for assistance from the Public Works Department, on a road project.

Commr. Deems was not present for the vote.

ACCOUNTS ALLOWED/EMERGENCY SERVICES

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request for S. J. Stephany to attend the National Coordinating Council on Emergency Management (NCCEM) Region IV Conference, July 13-16, 1986, in Kissimmee, Florida, at an estimated cost of $185.00.

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 hire McGlohorn Land Surveyors, to survey Mt. Plymouth, Meadows and Lake Kathsyn fire station properties, at a cost of $450.00 each.

ACCOUNTS ALLOWED/PERSONNEL

On a motion by Commr. Burhans, seconded by Commr Deems and carried unanimously, the Board approved the request for Glenn Timmons to attend the Florida Public Personnel Association Golden Anniversary Conference, in Tallahassee, Florida, on July 20-23, 1986, at an estimated cost of $325.00.

BONDS-MOBILE HOME

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request for the following to live in a mobile home on the same piece of property on which their conventional dwelling unit is being built, subject to the proper bonds being posted and with the understanding that the mobile home will be removed upon the completion of the conventional dwelling unit or upon the request of the Board of County Commissioners:

Christopher Cubberly - Orlando Hills Area - District #5

Jae-On Lee - Lady Lake Area - District #1

Robert Kleinmann - Wekiva River Area - District #4

ACCOUNTS ALLOWED/SOIL CONSERVATION

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request for tuition reimbursement of $150.53, to Michael F. Powers, Irrigation Technician, for a University of Central Florida correspondence course in General Soils, successfully completed May 19, 1986.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/PRIVATE

INDUSTRY COUNCIL

Mrs. Robbie Baird, Director of the Private Industry Council, appeared before the Board to request approval of the contract between the Board of County Commissioners and the Lake County Small Business Incubator, Inc.

Mrs. Baird directed the Board's attention to Page 2 (3), of the contract, in regards to the repayment language. She discussed a list of Minor Language Changes Request by the Contractor, as presented to the Board.

Commr. Smoak questioned Mr. Chris Ford, County Attorney, if it would be advisable to include on Page 2 (3), after "...signing the lease agreement with the client/tenant.", that the client/tenant shall agree in writing, on a repayment schedule, prior to the acceptance into the program, based on his ability to pay up to 100% of what the costs are, while still in the program, or secondly, a 3 repayment schedule after leaving the program.

Mr. Ford stated that it was his understanding that this would be the procedure to be followed, with the individual contract, with the people that will be accepted into the program.

Mrs. Baird discussed an addendum that would be placed with the contract regarding the repayment system to be used.

Mrs. Baird stated that there may be some minor language modifications in the future, after the Board has reviewed the contract.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the proper signatures on the contract between the Board of County Commissioners and the Lake County Small Business Incubator, Inc., including the amendments attached and the explanation given.

ORDINANCES/POLLUTION CONTROL

Mrs. Kathy McDonald, Assistant to the County Administrator, addressed the Board concerning problems with complaints from residents who live near industrial areas or commercial areas of noise.She discussed a possible amendment to the zoning ordinance, which relates specifically to the LM, Cl, and C2 zoning districts, for a requirement regarding outside speakers and outside bells, limiting the hours of use.

Discussion occurred regarding an ongoing situation with Harmon Fruit Company, Inc. on Highway 50. Commr. Smoak stated that he would discuss the problem with the Company.

No action was taken at this time.

APPOINTMENTS-RESIGNATIONS/FIRE DISTRICTS-FIRE DEPARTMENTS

(CONT'D.)

Commr . Burhans informed the Board that the Paisley Fire District Advisory Board had recommended that Mr. Edward Meshalko and Mr. Edward Olson be removed from the Advisory Board.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the removal of Mr. Meshalko and Mr. Olson, from the Paisley Fire District Advisory Board, and appointed the following, to the District No. 2 Advisory Board, as.submitted by Mr. Chuck Sowers, Fire Coordinator:

Forest Hills VFD Mrs. Dorothy Newell

Lake Kathryn Eugene R. Kroenke

Included in the motion was direction for letters of appreciation to be sent to Mr. Meshalko and Mr. Olson.

APPOINTMENTS-RESIGNATIONS/FIRE DISTRICTS-FIRE DEPARTMENTS

(CONT'D.)

Discussion occurred regarding the names submitted by Mr. Chuck Sowers, Fire Coordinator, to be appointed to the District No. 4 Advisory Board and the consolidation of the fire districts.

On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board approved the following appointments to the District No. 4 Advisory Board, as submitted by Mr. Sowers:

Meadows VFD Ms. Sylvia Price

Altoona VFD Mrs. Rose Buseman

Dona Vista VFD Mrs. Alice Martin

Pasco Fire District Theodore Schaeffer & John West

Commr. Burhans voted "no".

KECESS & REASSEMBLY

At 10:25 a.m. the Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m. for road vacations.

ROAD CLOSINGS - Sorrento Area - Petition No. 424

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 May 29, 1986, and June 5, 1986, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request to vacate that portion of the Sorrento Area, as advertised in Petition No. 424, by Mervin E. and Nell P. Terry.

ROAD CLOSINGS - Montverde Area - Petition No. 425

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 May 29, 1986, and June 5, 1986, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board approved the request to vacate that portion of the Montverde Area, as advertised in Petition No. 425, by Richard

Commr . Smoak declared a conflict of interest, due to being a principal of the development, Trails of Montverde, and abstained from discussion and voting.

ROAD CLOSINGS - Yalaha Area - Petition No. 426

Mr. Leonard Newman appeared before the Board in opposition of the vacation, and stated that, if the request was approved, it would land-lock his property.

Ms. Georgia Reynolds appeared before the Board in opposition of the vacation, and stated that the vacation would also land- lock her property.

Ms. Debbie Hall, Lake Land Planning Group, representing C. A. Moye and Julie A. Stenstrom, appeared before the Board and stated that the request was made so that they could meet the setback requirements and build on the property.

Mr. C. A. Moye, petitioner, appeared before the Board and gave a brief explanation of his building plans.

It was noted that the proper proof of publication was on hand as it appeared in the May 29, 1986, and June 5, 1986, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board denied the request to vacate that portion of the Yalaha Area, as advertised in Petition No. 426, by C. A. Moye and Julie A. Stenstrom.

ROAD CLOSINGS - Mt. Plymouth Area - Petition No. 427

Mr. Noel Gulledge appeared before the Board in opposition of the request, and stated that he was not in favor of closing any streets in the Mt. Plymouth Addition.

Ms. Sharon A. Close, petitioner, appeared before the Board and stated that she needed the additional property to build.

It was noted that the proper proof of publication was on hand as it appeared in the May 29, 1986, and June 5, 1986, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board approved the request to vacate that portion of the Mt. Plymouth Area, as advertised in Petition No. 427, by Sharon A. Close.

Commr . Burhans voted "no".

ROAD CLOSINGS - Lake Louisa Area - Petition No. 428

No one present wished to discuss this request with the

Board.

It was noted that the proper proof of publication was on hand as it appeared in the May 29, 1986, and June 5, 1986, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to vacate that portion of the Lake Louisa Area, as advertised in Petition No. 428, by Nelson & Co., Inc. (B. T. Wheeler, Jr.).

ROAD CLOSINGS - PERMISSION TO ADVERTISE

Petition No. 423 - Higley Area

No one present wished to discuss this request with the

Board.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request to advertise that portion of the Higley Area, in Petition No. 423, by Paul L. Niles, Jr.

Petition No. 429 - Ferndale Area

Mrs. Kathy McDonald informed the Board that one of the

property owners may have an access problem, should the vacation be approved.

Ms. Hassie Belle Price appeared before the Board to explain to the Board her request.

Mrs. McDonald stated that she will correspond with Mr. David Smith, one of the property owners, regarding his access to the road.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request to advertise that portion of the Ferndale Area, in Petition No. 429, by Hassie Belle Price.

Petition No. 430 - Shademoore Acres

Mrs. Kathy McDonald informed the Board that there are three

additional lots that would need to be advertised with the request.

Mr. Robert Hamel, petitioner, appeared before the Board to discuss the request.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to advertise that portion of Shademoore Acres, and to include all lots touched by the vacation of that road in the advertisement, and with all property owners are in agreement, in Petition No. 430, by Robert Hamel.

Petition No. 431 - Groveland Area

Mr. Brian J. Lee, Attorney, appeared before the Board to

discuss the request.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to advertise that portion of the Groveland area, in Petition No. 431, by Brian J. Lee, Attorney.

Petition No. 432 - Area East of Eustis

No one present wished to discuss this request with the

Board.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request to advertise that portion of the Area East of Eustis, in Petition No. 432, by Victor H. McGregor.

LIBRARIES/MUNICIPALITIES

Commr. Smoak stated that he would review the letter received from the City of Eustis, regarding the Library Services Agreement between the City of Eustis and the Board of County Commissioners, and report back to the Board at a later date.

BUDGETS/SHERIFF'S DEPARTMENT

Commr . Carson brought to the attention of the Board the budget hearing schedule and informed the Board that Sheriff Noel E. Griffin, Jr., will be appearing at 9:00 a.m. on July 3, 1986.

Mrs. Kathy McDonald, Assistant to the County Administrator, discussed with the Board the school crossing guard funds and stated that it did not appear to be included in the Sheriff's proposed budget.

Commr . Carson directed Mrs. McDonald to contact and discuss this matter with Mr. James C. Watkins, Clerk, and Sheriff Noel E. Griffin, Jr.

ACCOUNTS ALLOWED/ SHERIFF'S DEPARTMENT

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request for monies in the amount of $433.50, to reimburse the Sheriff's Office for expenses incurred in sending officers to conferences and seminars and for membership dues, pursuant to Florida Statute 943.25 (8) A, Lake County Ordinance 1982-l. per memorandum dated June 16, 1986.

APPOINTMENTS-RESIGNATIONS/PUBLIC HEALTH

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board reappointed Bette McCall to the Board of Directors of the North Central Florida Health Planning Council.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 2:52 p.m.

JAMES R. CARSON, JR., CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMA/6-19-86