A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FEBRUARY 17, 1987

The Lake County Board of County Commissioners met in regular session on Tuesday, February 17, 1987, at 9:OO 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 Assistant: and Toni M. Austin, Deputy Clerk.

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

MINUTES

Commr. Burhans made a motion, which was seconded by Commr. Carson, to approve the Minutes of February 10, 1987, as submitted. Discussion occurred regarding the minutes, with the Board pro-posing amendments.

At this time Commr. Carson withdrew his second to the motion, and the motion died for a lack of a second.

Action was postponed on the Minutes of February 10, 1987, until the amendments could be made for review.

LICENSES & PERMITS

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the following gun permits and bonds:

New Additions Renewals

Richard A. Stokes Robert Henri Smith George J. White, Jr.

Clint Orville Webster Douglas G. Wilson Mark J. Hill

James F. Kiley William J. Sweet Ralph B. Walker

Lillie Mae Garner Paul Howard Farrell

Fred A. Lang

ACCOUNTS ALLOWED

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the payment of Warrant #65850 through Warrant #66233 for the following accounts:

Pasco Fire District Paisley Fire District

Landfills Mt. Plymouth Fire District

General Revenue Northwest Fire District

County Transportation Trust Countywide Fire District

Countywide Library Mosquito Control

Law Library Fine & Forfeiture

South Lake Fire District Bassville Fire District

Private Industry Council Special Assessments

Revenue Sharing Law Enforcement Trust Fund

Aquatic Weed Section 8

Road Impact Northeast Ambulance

Northwest Ambulance

ACCOUNTS ALLOWED/COURTS-JUDGES

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved and authorized the proper signatures on the Satisfaction of Judgment, Case No. 80-1196-CJ, Eunice L. Williams and Cora Williams, in the amount of $150.00.

ACCOUNTS ALLOWED/ASSESSMENTS

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved and authorized the proper signatures on the Satisfaction of Assessment Lien for Joseph L. Winter, Sunny Dell Park, in the amount of $550.48.

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 week ending February 6, 1987, in the amount of $17,857.90.

PUBLIC HEALTH/REPORTS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of the Report of the Activities and Expenditures of the Lake County Public Health Unit, for the period ending December 31, 1986.

MINUTES/CONTRACTS, LEASES & AGREEMENTS

Discussion occurred regarding the Special Minutes of January 28, 1987, which pertained to NRG/Recovery Group, Inc.

Mr. Chris Ford, County Attorney, stated that the County was trying to get a statement from LGM, basically indicating that if the project did not work, they would pay a certain amount in damages.

This would be what was called liquidated damages.

Mr. Ford explained to the Board what had been agreed to in the contract with NRG/Recovery Group, Inc.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the Special Minutes of January 28, 1987, as submitted.

ZONING

At 9:30 a.m. the Chairman announced that the advertised time had arrived for the public hearing on Rezoning Case #6-87-3, Tony Hubbard.

Mr. David Clapsaddle, Principal Planner, appeared before the Board and stated that the original rezoning request was from A to R-1-15. He stated that the staff had recommended approval of RR, with the Planning and Zoning Commission recommending RE.

Mr. Clapsaddle stated that in his discussion with the applicant, he had indicated that he would not have a problem with RE zoning.

Mr. Leonard Baird, Attorney representing the petitioner, appeared before the Board and stated that Mr. Hubbard had no problem with the RE zoning, with the house size being 1,500 square feet.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved the request for rezoning from A (Agricultural) to RE (Rural Estates).

Commr. Smoak declared a conflict of interest and did not vote, because of having beneficial interest in the property located across the street from the petitioner.

FIRE DISTRICTS-FIRE DEPARTMENTS/REPORTS

Mr. Chuck Sowers, Fire Coordinator, appeared before the Board to discuss the 1986 Year End Reports for the nine fire districts.

At this time he presented to the Board a data sheet, with statistical information, for review.

Mr. Sowers stated that the positive capabilities of the fire departments and fire districts are due to the emergency telephone number (343-1100); central communications and dispatching system; cooperation and communication with the cities; the communication with the Florida Forestry and U.S. Forestry Departments; and the central purchasing for the departments.

Mr. Sowers discussed the future proposed fire station and construction sites, such as The Meadows, Pine Lakes, and The Plantation.

Mr. Sowers discussed the long range projections over the next five years, and indicated the need to phase out the older fire equipment, due to the lack of available parts and cost of maintenance and repair. He further stated that he would still like to see, as a future goal, the fire departments in the districts become one department with one budget.

The Board extended their appreciation to Mr. Sowers for his thorough report.

COMMITTEES/PLANNING DEPARTMENT

Mr. Rudy Marchese, Principal Planner in the Advanced Planning Section, appeared before the Board to discuss the formulation of Comprehensive Plan Committees. He stated that there are now five Citizen Advisory Committees, as follows:

1. Economic Development 3. Conservation

Agriculture Recreation/Open Space

Current Land Use Lake Resource Management

2. Sewer, Portable Water, 4. Transportation

Drainage, etc.

5. Housing

Mr. Marchese stated that the Planning Department was suggesting that each committee have five to seven members. The committees would work with the staff on the element(s) assigned to the committees, for the duration of the scheduled period, for the development of that element. The chairperson of each committee would later be involved as a member of the Executive Advisory Committee, to consider the Future Land Use, Capital Improvements and Intergovernmental Coordination elements.

Mr. Marchese requested direction from the Board, as to the soliciting of members for the committees. He proposed placing notices in the newspapers, with the selections to be made by the Planning Department, with final approval by the Board of County Commissioners. He stated that he would like to advertise for members to the Economic Development Committee and the Housing Committee, to be assembled at this time.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the recommendations of the Planning Department and authorized the staff, through the County Administrator's Office, to submit appropriate solicitation of the public, through newspapers or other methods, to seek resumes of interested and qualified individuals to fill the Citizen Advisory Committees on Economic Development and Housing.

MEETINGS/PLANNING DEPARTMENT

Mr. Rudy Marchese, Principal Planner in the Advanced Planning Section, informed the Board of a scheduled Small Area Study meeting tomorrow night in Clermont, and Thursday night in Leesburg.

COUNTY ADMINISTRATOR'S AGENDA

ACCOUNTS ALLOWED/COMMITTEES/MUNICIPALITIES/PUBLIC WORKS

Mr. Michael C. Willett, County Administrator, discussed the request from the City of Tavares, for Lake County to pay $20.00 per lineal foot for County property, on Bloxham Avenue, which is being paved by special assessment of property owners. He recommended that this request be referred to the Building Committee.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the recommendation made by Mr. Willett, to refer the above request to the Building Committee.

COMMISSIONERS

At 10:30 a.m. Commr. Windram turned the chairmanship over to Commr. Burhans, Vice-Chairman.

MUNICIPALITIES/PUBLIC WORKS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request from the City of Eustis, for a DOT traffic study, as to the need for a traffic signal at Highway 19 North and State Road 44 West, in Eustis.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request for final payment to Asphalt Pavers, Inc., in the amount of $30,152.85, for Project #3-87, Countywide Resurfacing.

ACCOUNTS ALLOWED/LANDFILLS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request to rent a Pan Scraper 615, for use at the Lady Lake Landfill for three months, at a cost of $7,500.00 per month.

COMMISSIONERS

At 10:35 a.m. Vice-Chairman Commr. Burhans turned the chairmanship back over to Commr. Windram.

ACCOUNTS ALLOWED/MUNICIPALITIES/SIGNS

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request, from the City of Fruitland Park, to have approximately two dozen stop signs covered, at a cost of $10.00 per facing.

CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES/SIGNS

Mr. Michael C. Willett, County Administrator, recommended denial to the request from the City of Fruitland Park, to establish a working agreement with the County to have signs covered without individual approval of requests, due to the road policies established by the County, requiring the Board's approval.

Commr. Carson made a motion to approve the recommendation for denial.

Discussion occurred regarding the established policies and the majority of the requests presented being approved, and the possibility of interlocal agreements with the cities for such requests.

The motion died for a lack of a second.

The Board directed Mr. Willett to review the County policy and report back to the Board with recommendations.

ACCOUNTS ALLOWED/SIGNS

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request from the East Lake County Chamber of Commerce, to purchase two directional signs, at a cost of $114.00.

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request for Jim Stivender to attend the DOT Drainage Workshop in Orlando, on April 23 and 24, 1987, at a cost of $330.00.

Included in the motion was approval of the request for Jim Stivender to attend the Concrete Pipe Seminar in Jacksonville, on April 21, 1987, at an estimated cost of $180.00.

ROADS-COUNTY & STATE/SIGNS/PUBLIC WORKS

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request to post "No Parking on Right-of-Way" signs on #3-3944 County Drive.

ROADS-COUNTY & STATE/SIGNS/PUBLIC WORKS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board approved the request to post a 25 m.p.h. sign on #l-7114, Bertsville Road.

Commr. Smoak was not present for the vote.

DEEDS/ROADS-COUNTY & STATE

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

#977 Release all reservations Dona Vista

#872 Release all reservations City of Leesburg

Commr. Smoak was not present for the vote.

DEEDS/RIGHT-OF-WAYS, ROADS-EASEMENTS

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

Rowley, Westbrock, Coffman & Nichols #5-7798 Swift Road

Hatton and Arline #l-7906 Smitty Road

LANDFILLS/ORDINANCES

Mr. Michael C. Willett, County Administrator, informed the Board that this was not an advertised public hearing on the proposed revisions to the Solid Waste Ordinance.

Mr. Roland Lewis, Solid Waste Disposal Operations Director, appeared before the Board to discuss the proposed revisions. He stated that the intent of the revisions was to incorporate into the Ordinance coordination between the departments and staff. Mr. Lewis stated that the word "garbage" had been changed to "refuse", and that the revisions also include enforcement of the ordinance by the Code Enforcement Board, which will strengthen the ordinance.

Mr. Lewis discussed other provisions pertaining to specialized containers, occupational licenses, identification on franchise equipment, manifest records, and liability insurance.

Mr. Lewis requested that the Board and staff review the proposed revisions and make recommendations. He stated that there would be either a workshop or a public hearing sometime in the future.

Mr. Ben Benedum, Director of Public Works, presented input to the revisions and discussed actual events taking place regarding refuse and garbage disposal in Lake County.

The Board requested that Mr. Lewis investigate the liability insurance and proper notification of cancellation of bonds and policies.

ROADS-COUNTY AND STATE

Mr. Michael C. Willett, County Administrator, discussed the functional classification of roads. He stated that there would be a meeting tonight with the Department of Transportation (DOT), in the Old Courthouse. He stated that DOT is trying to give the County Main Street in Leesburg, after the County agreed to let DOT have Dixie Avenue, which was four-laned and cost the County about two million dollars. He stated that he felt strongly about the County not taking Main Street. He requested that the Board be in opposition to the position taken by the State, either by taking Board action to take back Dixie Avenue and South Street, and let them keep Main Street as part of Highway 44, or let the County Attorney review the legal ramifications. He further stated that DOT is also wanting to give the County Main Street in Tavares.

Mr. Ben Benedum, Director of Public Works, stated that he has not received an explanation of this revision to the classification of roads.

Commr. Carson recollected that there was a deal where the County gave a reconstructed Dixie Avenue to the State: the State in turn gave the City of Leesburg Main Street.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board directed that the County Attorney be designated to attend the meeting with DOT tonight and Mr. Willett present a firm opinion in this matter.

COMMUNICATIONS/CONTRACTS, LEASES & AGREEMENTS

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request to void the cable franchise agreement for Rainbow Communications, effective April 18, 1987.

ACCOUNTS ALLOWED/EMERGENCY MANAGEMENT/GRANTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the request for S. J. Stephany to attend a one day conference covering State EMS grants, in Tallahassee, on February 24, 1987, at an estimated cost of $150.00.

Commr. Smoak and Commr. Burhans were not present for the vote.

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the request for the Paisley Fire District to purchase a Marauder Pistol Grip one inch nozzle, at an estimated cost of $219.00.

Commr. Smoak and Commr. Burhans were not present for the vote.

ACCOUNTS ALLOWED/MOSQUITO-AQUATIC WEED CONTROL

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the request for Robert Rinehart, Assistant Director of Mosquito/Aquatic Plant Management, to attend a FAMA Short Course, on February 26, 1987, in Tampa, at a cost of $25.00.

Commr. Smoak and Commr. Burhans were not present for the vote.

ACCOUNTS ALLOWED/ANIMAL CONTROL

On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board approved the request for Michele A. Cassidy, Animal Control Officer, to attend an 80 hour course, at the Florida Animal Control Academy in Gainesville, from March 23 to April 3, 1987, at a cost of $628.00.

Commr. Smoak and Commr. Burhans were not present for the vote.

ACCOUNTS ALLOWED/ROADS-COUNTY AND STATE/SUBDIVISIONS

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the request to release an Irrevocable Letter of Credit, in the amount of $52,800.00, for performance on Summit Square Subdivision; to accept an Irrevocable Letter of Credit, in the amount of $3,900.00, for maintenance: and to accept the following road into the County maintenance system: Summit Square Drive (l-5234B).

Commr. Smoak and Commr. Burhans were not present for the vote.

ACCOUNTS ALLOWED/ROADS-COUNTY AND STATE/SUBDIVISIONS/BONDS

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the request for final plat approval of Eagle Ridge Subdivision, First Addition; acceptance of a Maintenance Bond, in the amount of $6,000.00; and acceptance of the following roads into the County maintenance system: Shadow Wood Lane (portion) (l-6610) and Eagle Ridge Road (l-6610A).

Commr. Burhans was not present for the vote.

ACCOUNTS ALLOWED/POLLUTION CONTROL

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the request for Richard Roof and Michael Roberts to attend a Regional Wetlands Permitting Workshop in Orlando, on March 12, 1987, at an estimated cost of $50.00.

Commr. Burhans was not present for the vote.

CONTRACTS, LEASES & AGREEMENTS/POLLUTION CONTROL/STATE

AGENCIES

Commr. Windram discussed the Interlocal Agreement between Lake County and the Department of Environmental Regulations (DER) and the Corps of Engineers, for the permitting of boat docks. He stated that, at this time, the County does not have an agreement with the Department of Natural Resources (DNR). He suggested that the County contact DNR to discuss the possibility of accepting the applications for permits where the exemptions are the same, and developing such an agreement to do so.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board approved the Chairman's recommendation, for this matter to be researched, and that the appropriate action be taken.

Commr. Carson and Commr. Burhans were not present for the vote.

COMMITTEES/COURTS-JUDGES

Commr. Windram discussed a request received from Judge Jerry Lockett, for 13 portable reserved parking signs, for selected jurors.

Mr. James C. Watkins, Clerk, stated that he discussed this request with Judge Lockett and informed the Board that the signs would be put into operation only after the jury had been selected.

Normally, six jurors and one alternate would be involved.

Mr. Watkins then discussed the second portion of the request, which involved the County paying any parking tickets that the jurors might receive while trying to be of service to the County.

Mr. Chris Ford, County Attorney, recommended that the County not pay any parking fines.

Mr. Watkins recommended referring the first part of the request, for reserved parking signs, to the Building Committee, and that the County correspond to Judge Lockett the position the County has taken in not paying juror parking fines.

MINUTES

The Board reviewed the proposed amendments to the Minutes of February 10, 1987.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the Minutes of February 10, 1987, as amended.

RECESS & REASSEMBLY

At 11:33 a.m. the Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m., for the advertised public hearings for road closings.

ROAD CLOSINGS - Sorrento Area - Petition No. 451

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 January 29, 1987, and February 5, 1987, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the request to vacate that portion of the Sorrento Area, as advertised in Petition No. 451, by Barbara and Frank Kaylor.

Commr. Smoak was not present for the vote.

ROAD CLOSINGS - Sorrento Area - Petition No. 452

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 January 29, 1987, and February 5, 1987, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved the request to vacate that portion of the Sorrento Area, as advertised in Petition No. 452, by the Board of County Commissioners and the Sorrento Community Recreation Authority, Inc.

Commr. Smoak was not present for the vote.

ROAD CLOSINGS - Groveland Area - Petition No. 453

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 January 29, 1987, and February 5, 1987, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board approved the request to vacate that portion of the Groveland Farms, Groveland, as advertised in Petition No. 453, by James M. Caldwell.

Commr. Smoak was not present for the vote.

ROAD CLOSINGS - PERMISSION TO ADVERTISE

Petition No. 454 - Phillipsburg Sub. - Eustis Area

Amos W. Roach

Mr. George Conn was present in opposition to the request. He stated that this road has been in use for the past twelve years.

The Board discussed this request and the applicants right to advertise for the closing. It was the feeling of the Board that it would not be advantageous to close this road, but the Board, at the same time, was not denying the request.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board referred this request to the County Administrator and directed him to correspond the feelings of the Board to the applicant.

Petition No. 455 - Pine Lakes Area

Lake County Board of County Commissioners

No one present wished to discuss this request with the Board.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request to advertise that portion of the Pine Lakes Area, in Petition No. 455, by the Lake County Board of County Commissioners.

COMMITTEES/CONTRACTS, LEASES & AGREEMENTS/PUBLIC HEALTH

Mr. Michael C. Willett, County Administrator, informed the Board that the Building Committee had considered a proposal from John Dickerson, Architect, regarding the Public Health Building in Leesburg, to increase the estimated architectural fees $12,420.00, (or 6% up to that amount). He stated that the increase was due to the driveways and parking area, which was not included in the original estimate.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the increase in architectural fees, in the amount of $12,420.00, to John Dickerson, Architect, for the construction of the Public Health Building in Leesburg.

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for Kevin Hanley, Public Works Department, to attend the Land Surveyor's Workshop, in Ft. Myers, Florida, March l-3, 1987, in the estimated amount of $297.00.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 2:20 p.m.

THOMAS J, WINDRAM, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMA/2-19-87