A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
FEBRUARY 2, 1987
The Lake County Board of County Commissioners met in regular session on Tuesday, February 3, 1987, 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: Thomas J. Windram, Chairman; Glenn C. Burhans; Claude E. Smoak, Jr.; James R. Carson, Jr.; and C. A. "Lex" Deems. Others present were: Christopher C. Ford, County Attorney; Michael C. Willett, County Administrator; Katherine A. McDonald, County Administrator's Assistant; and Linda Barnett, Secretary.
James R. Carson gave the Invocation and the Pledge of Allegiance was led by Commr. Burhans.
MINUTES
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the Minutes of January 20, 1987, as presented.
LICENSES AND PERMITS
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the following Gun Permits and Bonds:
New Renewal
Henry C. Shupe B. T. Cheatham
Willie M. Barrett
Elizabeth L. Cassady
Wallace H. Watson
Clark Cook
COUNTY PROPERTY/ACCOUNTS ALLOWED
On a motion by Commr. Carson, seconded by Commr. Burhans, and carried unanimously, the Board approved the request from Don Perrody and Inventory, in the amount of $3,147.95, for the month of January, 1987, to be removed from Lake County's Fixed Assets as follows:
Prop# Dept. Item Amount Reason
4581 Mosq. Control Air Conditioner $ 228.00 To be junked
4568 Mosq. Control Chain Saw $319.95 To be junked
7154 Surplus Washer Extractor $2,600.00 To be junked
Total: $3,147.95
ACCOUNTS ALLOWED/COURTS-JUDGES
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the Satisfaction of Judgment for Robert Lavon Frets, in the amount of $250.00, Case No. 86-1073CF; and the Satisfaction of Judgment for Patrick G. Kelly, in the amount of $250.00, Case No. 82-15, 800TT40.
REPORTS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases for the weeks of January 9, 1987, in the amount of $25,160.92; January l6, 1987, in the amount of $17,235.56; and January 23, 1987, in the amount of $19,255.38.
REPORTS/SHERIFF'S DEPARTMENT
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the Amended Report, dated January 16, 1987, Florida Contraband Forfeiture Quarterly Report, from the Lake County Sheriff's Office (October 1, 1986 to December 31, 1986).
REPORTS/PRIVATE INDUSTRY COUNCIL
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the Cumulative Participant Activity Reports for Lake County from the Private Industry Council from July 1, 1986 to December 31, 1986.
ACCOUNTS ALLOWED/INDIGENTS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved payment of Warrant #65453 through Warrant #65849 for the following accounts:
County Transportation Trust Northwest Fire District
Landfills Mosquito Control
General Revenue Paisley Fire District
Section 8 Revenue Sharing
Countywide Fire District Certificate of Indebtedness
Road Impact Mt. Plymouth Fire District
Countywide Library Aquatic Weed
South Lake Fire District Bassville Fire District
Private Industry Council Northeast Hospital
Fine & Forfeiture Northeast Ambulance
Pasco Fire District Northwest Ambulance
Included in the motion was approval for the following indigents:
Mr. Beryl Stokes, Jr. for Roosevelt Wilson/District #l/$50.00
Walker O'Kelly Investments for Flossie Session/District #l/$50.00
BIDS/ACCOUNTS ALLOWED
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request for permission to award Bid No. 020-120-087, for 1 (one) or more 16' Aluminum Airboats and Trailer, to Combee Air Boats, Inc., the low bidder, in the amount of $12,193.96.
ROADS-COUNTY & STATE/COURTS-JUDGES/SUITS AFFECTING THE COUNTY
Commr. Deems discussed with the Board a Road Closing, Petition #392, a portion of Park Street, in the Yalaha Area, which was denied at the September 17, 1985, Board meeting. He stated that the Petitioner, Mr. David Quattlebaum, is closing the road without permission. Commr. Deems stated that the matter has been before Code Enforcement on a few occasions. There is a question as to how much jurisdiction the County has over the road. It is a recorded plat, which was recorded in Sumter County, prior to Lake County's existence.
Commr. Deems further stated that, previously, the County Attorney had recommended that the matter be taken to court for a decision.
The Board decided to delay action on the matter until they can further discuss it with the County Attorney.
MENTAL HEALTH/APPOINTMENTS-RESIGNATIONS
Commr. Carson brought to the attention of the Board that the District III Alcohol, Drug Abuse & Mental Health Planning Council does not have an official letter appointing Mr. Roy Caldwell and Mr. Solomon McTier to the Council, from the Board, and requests that the Board submit a letter of appointment to their office to confirm these appointments.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved to appoint Mr. Roy Caldwell and Mr. Solomon McTier, to the District III Alcohol, Drug Abuse & Mental Health Planning Council, and submit a letter of appointment to the District III office to confirm these appointments.
PUBLIC WORKS
Commr. Smoak brought to the attention of the Board a request from Mr. Anthony Taylor, from Stuckey, near Mascotte, for fill dirt for a ball park field. He stated that a church in the area is donating some property for their use.
Mr. Taylor had requested that the County assist him with the clay and materials needed for the field.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to assist Mr. Taylor with the clay and materials for a ball park field in Stuckey.
COUNTY ADMINISTRATOR'S AGENDA
LIBRARIES/APPOINTMENTS-RESIGNATIONS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request for reappointment of Eloise Fisher, Louise Meckstroth and Tim Sullivan to the Lake County Library System, for terms to expire October 15, 1988.
CONTRACTS, LEASES & AGREEMENTS/LIBRARIES/ACCOUNTS ALLOWED
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request for acceptance and signature on an agreement between Lake County and the Florida Division of Library and Information Services, in the amount of $38,368.00.
CONTRACTS, LEASES & AGREEMENTS/ACCOUNTS ALLOWED/COMMITTEES
Considerable discussion occurred regarding the request for signature on the agreement between Lake County and the Industrial Development Commission of Mid-Florida, Inc., in the amount of $100,000.00. The Board had some question regarding the membership investments by individuals and businesses in Lake County allocating up to 25 percent, of the $100,000.00, of the contract amount.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request for signature on the agreement between Lake County and the Industrial Development Commission of Mid-Florida, Inc., in the amount of $100,000.00, with the membership investment percentage to be negotiated.
PLANNING DEPARTMENT/DEVELOPMENT
Mr. Albert Starr, Planning Department, appeared before the Board to discuss the report by the Lake County Planning Department on Mechanisms for Economic Development for County Government, which was distributed at the January 20, 1987, Board meeting.
The Board questioned the revenue sources mentioned in the report.
Commr. Windram stated that he would like some input from the Board on how Lake County would like to proceed in structuring the Industrial Development Commission of Mid-Florida, Inc. Board in Lake County.
No action was taken at this time.
ZONING
Mr. David Clapsaddle, Principal Planner, appeared before the Board to discuss the Rezoning Case #214-86-4, Ernest W. Zesch, which was postponed from the January 13, 1987 Board meeting. This matter was brought back before the Board, because there was a question regarding the legal description on the environmental easement.
Considerable discussion occurred regarding the request to rezone the property from MP to RP. It was noted that the Planning and Zoning Commission recommended that the property be rezoned to RP, for the first 150 feet of the property, with the remainder of the property rezoned to R-l-7.
Mr. Wendell Mohr appeared before the Board to discuss the matter with the Board. He stated his intention was to put condo-type housing on the property, hooking up to the City of Mount Dora's sewer and water system.
Mr. Manhar Jadav, Engineer, working with Mr. Mohr on the project, appeared before the Board to discuss the matter with them.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning of the property to RP for the first 150 feet and the remainder to R-l-7.
Commr. Windram voted "No".
PLANNING DEPARTMENT/DEVELOPMENT (CONTINUED)
The Board continued the discussion with Mr. Starr, regarding the report on Mechanisms for Economic Development for County Government.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to refer the Chairman of the Board of County Commissioners, to work with the Planning Department, in designing the role of the Lake County Development Group, and that the Chairman be authorized and requested to seek the names of qualified individuals to serve in this capacity, and that he report back to the Board at his earliest convenience.
EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL/
PLANNING DEPARTMENT
Mr. Michael Szunyog, Planning Director, appeared before the Board to discuss the Draft Regional Policy Plan of the East Central Florida Regional Planning Council. He stated that the Council is asking the County to submit comments regarding specific portions of the Plan. He informed the Board as to what issues are covered in the Plan.
Mr. Szunyog discussed with the Board the official comments that the Planning Department have prepared to submit to the Council. He also stated that the Regional Planning Council is conducting a workshop on February 11, 1987, in Orlando, and a public hearing on February 19, 1987, in the Lake County Commission Meeting Room, to solicit comments on the plan.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved to adopt the comments that the Planning Department has prepared, and to authorize the Planning Department to participate in the East Central Florida Regional Planning Council workshop on February 11, 1987, in Orlando.
Commr. Deems was not present for the vote.
COMMISSIONERS
At 10:50 a.m. Commr. Windram turned the chairmanship over to the Vice-Chairman, Commr. Burhans.
COUNTY ADMINISTRATOR'S AGENDA (CONTINUED.)
COUNTY ADMINISTRATOR/ACCOUNTS ALLOWED
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request for Mike Willett to attend the Florida Association of Counties 1987 Midyear Legislative Conference, on February 19, 1987, in Tampa, at a cost of $85.00.
PERSONNEL
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request of the holiday schedule for 1987, as listed in the Personnel Rules.
COMMISSIONERS
At 10:55 a.m. the Vice-Chairman, Commr. Burhans turned the Chairmanship back over to Commr. Windram.
EMERGENCY MANAGEMENT
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request for S. J. Stephany to attend the State Emergency Management workshop, on February 16-17, 1987, in Tallahassee, at no cost to the County.
EMERGENCY MANAGEMENT/CONTRACTS, LEASES & AGREEMENTS/
ACCOUNTS ALLOWED
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for signature on the FY87 Emergency Management Assistance Agreement, between the Department of Community Affairs and Lake County, in the amount of $18,634.00.
CONTRACTS, LEASES & AGREEMENTS/PLANNING DEPARTMENT/
MUNICIPALITIES
Mr. Michael Szunyog, Planning Director, appeared before the Board to discuss the Proposed Interlocal Agreement for Comprehensive Planning with the area cities.
The Planning Department recommends that the agreements be developed as follows:
Joint agreements among:
1. Eustis, Tavares, Mount Dora, Umatilla, Lake County;
2. Leesburg, Fruitland Park, Lady Lake, Lake County;
3. Clermont, Minneola, Lake County:
4. Groveland, Mascotte, Lake County.
(These are proposed because of the existing and projected proximity of these cities' boundaries to one another.)
Separate agreements between:
1. Astatula, Lake County;
2. Howey-in-the-Hills, Lake County;
3. Montverde, Lake County.
Mr. Szunyog further stated that the adoption of the interlocal agreements will allow for the coordinative and cooperative development of plans in those areas of the County where future municipal growth and influence are most likely to occur.
Mr. C. A. Vaughn, a property owner in Eustis and Mount Dora, appeared before the Board to state that he wants to be assured that any restrictive restraints inflicted on the property owners can be appealed.
Mr. Szunyog reassured Mr. Vaughn that no one would be cut out of this agreement and that the public would still be able to submit input on matters.
Mr. Gregg Beliveau, City of Leesburg, appeared before the Board to question if his staff had to prepare the Comprehensive Plan or would the County prepare it, because he only has one person on his Planning Staff.
The Mayor of Eustis, Derryl Benton, appeared before the Board to express his desire to work out the agreement.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to adopt the Proposed Interlocal Agreement for Comprehensive Planning, as presented, with any city who wished to amend the agreement be considered individually.
LANDFILLS/COUNTY PROPERTY
Mr. Jim Stivender appeared before the Board to discuss the request for the exchange of County owned property located near the Lady Lake landfill and six lots not included in the transaction.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to authorize the County Administrator to pursue a letter of appraisal on the property, investigate the ownership of the six lots not included in the transaction, and report back to the Board with a recommendation.
ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried, the Board approved the request to accept a check, in the amount of $90,000.00, from Pennbrooke, Ltd., for the construction of a fire station, west of Leesburg.
Commr. Carson was not present for the vote.
CONTRACTS, LEASES & AGREEMENTS/
FIRE DISTRICTS-FIRE DEPARTMENTS
On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the Board approved the request for signature on Change Order No. 2, with B & M Builders, general contractor, on the Okahumpka and Yalaha fire stations, extending the date of substantial completion from January 2 to January 29, 1987.
Commr. Carson was not present for the vote.
FIRE DISTRICTS-FIRE DEPARTMENTS/APPOINTMENTS-RESIGNATIONS
On a motion by Commr. Burhans, seconded Commr. Deems and carried unanimously, the Board approved the request from the Northwest Fire District to appoint the following people to the Advisory Board:
Dorothy L. Au, Roy Barnes, and Clell Upton.
VETERANS SERVICE/PUBLIC HEALTH/HEALTH DEPARTMENT/
ACCOUNTS ALLOWED
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request for Arthur Ragland, Lonnie Strickland and Myra Smith to attend the Florida Association of Counties 1987 Midyear Legislative Conference, in Tampa, on February 18-20, 1987, at an estimated cost of $225.00 each.
ANIMAL SHELTER/ORDINANCES
Mrs. Frankie Thorpe, Animal Control Director, appeared before the Board to discuss the proposed changes to the Animal Control Ordinance and establish a date for a Public Hearing on the Ordinance. Mrs. Thorpe stated that she had been in contact with other Animal Control Agencies throughout the State and other facilities that handle animals. She further stated that the State had recently passed through the legislature, in 1986, a law which gave the County the option of changing the violations to civil rather than criminal.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved to schedule a Public Hearing on the proposed changes to the Animal Control Ordinance, for March 3, 1987, at 2:00 p.m.
PERSONNEL/COUNTY EMPLOYEES
Mr. Glenn Timmons, Personnel Director, appeared before the Board to discuss the revisions to the Sick Leave Policy for County employees. He discussed the summary of the proposed plan and the reasons for the request.
Considerable discussion occurred regarding the revisions requested.
The Board directed Mr. Timmons to gather statistical data, to review the effects of the proposed revisions to the Sick Leave Policy, and report back to the Board at a later date.
PLANNING DEPARTMENT/ACCOUNTS ALLOWED
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request for Jerry Annas and Mike Szunyog to attend the Regional Comprehensive Policy Plan meeting on February 11, 1987, in Maitland, at a cost of $30.00 each.
BONDS - MOBILE HOME
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request for the renewal of the following mobile home bond:
Otis Wolfe -- Bassville Park Area -- District #1
BONDS - MOBILE HOME
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request for the cancellation of the following mobile home bond:
Donald Raker -- Haines Creek Area -- District #5
APPOINTMENTS-RESIGNATIONS/COMMITTEES
The County Administrator discussed with the Board the request for appointments of four individuals to the Board of Building Examiners, to fill vacancies created by the expiration of terms. Three of those individuals are Ralph Cone, Robert Allison, and William Lawson, who are presently on the Board and would like to continue to serve. Mr. Bob Hammel, who is unable to serve on the Board any longer, will still need to be replaced. The County Administrator will bring the fourth recommended individual to fill the vacancy before the Board for appointment at a later date.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request for the reappointment of Ralph Cone, Robert Allison, and William Lawson to the Board of Building Examiners, to fill three of the four vacancies created by the expiration of terms.
CODE ENFORCEMENT/COUNTY ATTORNEY
Michael Willett, County Administrator, discussed with the Board a foreclosure on the property of W. A. Rainey, Case No. CEB #75-84, for an unpaid Order of Fine, in the amount of $790.00, issued by the Code Enforcement Board, on November 14, 1984.
The Board discussed the matter with the County Attorney.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved to refer the unpaid Order of Fine, in the amount of $790.00, issued by the Code Enforcement Board, on November 14, 1984, for a foreclosure on the property of W. A. Rainey, Case No. CEB #75-84, to the County Attorney for further review.
CODE ENFORCEMENT/ACCOUNTS ALLOWED
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for signature on a Release of Order of Fine and the acceptance of a check, in the amount of $1,055.00, in the Code Enforcement case against Ethel Schmidt, Case No. CES #164-84.
SUITS AFFECTING THE COUNTY
The County Administrator discussed with the Board the request for the County to accept service and file the necessary pleadings in the case of S. B. Turner vs. T. R. Stumbo.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request for the County to accept service and file the necessary pleadings in the case of S. B. Turner vs. T. R. Stumbo.
POLLUTION CONTROL/ACCOUNTS ALLOWED
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request for Richard Roof to attend the Seminar on Hazardous Waste Management, to be held at TREEO CENTER, in Gainesville, on February 18-19,1987, at an estimated cost of $295.00.
PUBLIC WORKS/ROAD PROJECTS/ACCOUNTS ALLOWED
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for payment to Trac Roadbuilders for the following projects:
Project l-87 Wolfbranch Road $99,740.97
Project 2-87 Bay Road/Dodson Cutoff $20,420.55
PUBLIC WORKS/CONTRACTS, LEASES & AGREEMENTS
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for a Septic Tank Pumping Franchise for AAA Payless Septic Tank Service for Mary Ann Gibson.
DEEDS/RIGHT-OF-WAYS, ROADS AND EASEMENTS
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request to accept the following deeds:
Drainage Easements
James/Vivian O'Neal Drainage ditch SE of Umatilla, off of C-450
David/Mary Quashie S. Umatilla Water Co., Inc. Same
Corine Claytona Same
James Carroll Same
Right-of-Ways
William P. Melvin #4-5890 Huff Road
Jeff C./V. Louise Dearing C.R. 468
COURTS-JUDGES/COUNTY ATTORNEY
The Board discussed with the County Attorney the request for approval on the Certificate of Defendants Taxable Costs, State of Florida vs. Kenneth A. Hinckley, Case No. 85 1208 CF, in the amount of $3,144.73, which was an item on the Clerk's Agenda.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board referred the request for approval on the Certificate of Defendants Taxable Costs, State of Florida vs. Kenneth A. Hinckley, Case No. 85 1208 CF, in the amount of $3,144.73, to the County Attorney's Office for review and report back to the Board at a later date with a recommendation.
COURTS-JUDGES/SUITS AFFECTING THE COUNTY/
ROADS-COUNTY & STATE (CONTINUED)
The Board further discussed with the County Attorney the matter of a Road Closing from September 17, 1985, Petition #392, which was brought up earlier this date.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved to take the problem of Mr. Quattlebaum closing a portion of Park Street, in the Yalaha Area, without permission, to court.
SHERIFF'S DEPARTMENT/ACCOUNTS ALLOWED
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request from Sheriff Noel E. Griffin, in the letter dated January 29, 1987, for monies in the amount of $231.00, for expenses incurred for certain Sheriff's Department employees for In-Service Training School, pursuant to Florida Statute 943.25(8)A, Lake County Ordinance 1982-1.
ORDINANCES/COMMITTEES
The County Administrator discussed with the Board that the Tree Ordinance Committee has no objection to a representative from the Florida Nurserymen and Growers Association being appointed to Serve on the Committee.
Mr. Willett stated that he will solicit a name from the Committee to be discussed at a later date.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 1:35 p.m.
Thomas J. Windram, Chairman
James C. Watkins, Clerk