The Lake County Board of County Commissioners met in regular session on Tuesday, April 21, 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; James C. Watkins, Clerk: Michael C. Willett, County Administrator: Katherine A. McDonald, County Administrator's Assistant; and Linda Barnett, 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. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the Minutes of April 14, 1987, as amended.
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 Renewals Addition
Hazel Alexander James H. Saunders Tuan Q. Bui
Hazel S. Ponchot
Larry E. Shyers
Oswald F. Greenidge
Harry J . Miller
John H. Payne, Jr.
Charles Strickland
Bruce D. Womack
ACCOUNTS ALLOWED/INDIGENTS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved payment of Warrant #67579 through Warrant #67954 for the following accounts:
Countywide Fire District Fine & Forfeiture
Pasco Fire District Bassville Fire District
Paisley Fire District Law Library
County Transportation Trust Private Industry Council
Landfills South Lake Fire District
General Revenue Section 8
Mt. Plymouth Fire District Aquatic Weed
Road Impact Northeast Ambulance
Northwest Ambulance
Included in the motion was approval to pay the following indigent:
Ms. Ruth Dixon for Sampson Ferryman, Jr./District #l/$50.00
ACCOUNTS ALLOWED/COUNTY PROPERTY
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved for the following items, in the amount of $1,252.49, to be removed from Lake County's Fixed Assets:
Prop# Dept. Item Amount Reason
5168 Pollution Control Water Still $ 316.00 To be junked
5194 Pollution Control Conductivity Meter 308.00 To be junked
7859 Pollution Control Oxygen Meter & Probe 628.49 To be junked
Total: $1,252.49
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 April 10, 1987, in the amount of $15,869.12.
REPORTS/PRIVATE INDUSTRY COUNCIL/MEETINGS/WATER RESOURCES
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of the Cumulative Participant Activity Reports for Lake County from July 1, 1986 to March 31, 1987, from the Private Industry Council.
Included in the motion the Board acknowledged receipt of a Notice of Agenda and Meeting from the Southwest Florida Water Management District, on Tuesday, April 21, 1987, in the Board Room at District Headquarters in Brooksville.
RESOLUTIONS/MUNICIPALITIES
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of Resolution 87-06, from the Town of Lady Lake, which supports the swap of State owned muck farmlands in the Everglades for mucklands around the Lake Apopka basin for the restoration of Lake Apopka.
MUNICIPALITIES/STATE AGENCIES
Commr. Windram brought to the attention of the Board a letter received from George W. Percy, State Historic Preservation Officer, Florida Department of State, stating that the Lakeside Inn in Mount Dora has been officially listed in the National Register of Historic Places, as of March 19, 1987.
No action was taken.
STATE AGENCIES/EDUCATION
Commr. Windram discussed with the Board a letter received from Everett Kelly, Florida House of Representatives, requesting an individual to be on an advisory board for the distribution of monies from the School Bus Stops of America, Inc. "Say No To Drugs" program.
No action was taken.
COUNTY ADMINISTRATOR'S AGENDA
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request for partial payment to Hewitt Contracting Company for Project No. 4-87, Goose Creek and Harbor Shores Road, in the amount of $18,157.50.
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 Trac Roadbuilders on Project No. 2-87, Bay Road, in the amount of $17,991.25.
ACCOUNTS ALLOWED/PUBLIC WORKS/MUNICIPALITIES
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for one-time maintenance for M & M Motor Sports, for the Eustis National Tractor Pull on May 1, 2 and 3, 1987, in the amount of $725.00.
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request to award Project No. 12-87, #5-8589 Fisherman's Road Resurfacing Project, to Asphalt Pavers, Inc., in the amount of $94,040.96.
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request to award Project No. 11-87, C-46A Resurfacing Lump Sum, to Asphalt Pavers, Inc., in the amount of $188,961.64.
DEEDS/RIGHT-OF-WAYS, ROADS AND EASEMENTS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request to accept the following right-of-way deeds:
Great Age Construction Co. Progress Road
W. Perley Rea/George Barker #3-2132 S. Libby Rd.
Erwin/Ruth Priebe #3-2441 Howey Cross Rd.
Wilfred/Betty J. Smith #l-7906 Smitty Rd.
DEEDS/ROADS-COUNTY AND STATE
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request to release the following road reservations from the Department of Transportation for the following Murphy Act Deeds:
#1872 Release all reservations Town of Lady Lake
#2654 Release all reservations Mt. Plymouth
#860 Release all reservations S. of Lake Mack
#02-21684 Retain 50' ROW from C-line West Avenue
#02-21684 Retain 30' ROW from C-line Juniata St.
DEEDS
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request to issue a corrective deed from Lake County to James A. Scobie, Umatilla, Florida.
ROAD PROJECTS/PUBLIC WORKS/BIDS
Michael C. Willett, County Administrator, discussed with the Board the request to award the secondary mowing project to Joyce Environmental Consultants Incorporated, in the amount of $98,730.24.
In the past the County had mowed two or three times a year. This bid is to expand the mowing program, which would mow more often and cover a larger area.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request to award the secondary road mowing project to Joyce Environmental Consultants Incorporated, in the amount of $98,730.24, which was the lowest bid.
ORDINANCES/WATER AUTHORITY
The Chairman announced that the advertised time had arrived for the public hearing on an ordinance prohibiting the use of airboats on Lake Yale. It was noted that the proper proof of publication was on hand as it appeared in the April 3, 1987, and April 13, 1987, editions of the Leesburg Commercial.
Chris Ford, County Attorney, informed the Board of an amendment to the ordinance in Section 2, which will clarify the reading of the ordinance and protect the people.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved to amend Ordinance 1987-6, as outlined by the County Attorney.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved to place the amended ordinance on the floor for its first and final reading by title only as follows:
AN ORDINANCE OF THE LAKE COUNTY BOARD OF COMMISSIONERS, ADOPTED PURSUANT TO FLORIDA STATUTE 1225.012 PROHIBITING THE USE OF AIRBOATS ON LAKE YALE BETWEEN THE HOURS OF 10:00 P.M. AND 7:00 A.M. SEVEN DAYS A WEEK.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board adopted the Ordinance 1987-6, as amended, as read on its first and final reading, by title only.
COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)
ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request for approval on loan papers from Barnett Bank, in the amount of $325,000.00, to fund the cost over-runs on the fire stations.
COUNTY PROPERTY/MUNICIPALITIES/
RIGHT-OF-WAYS, ROADS AND EASEMENTS
Michael C. Willett, County Administrator, discussed with the Board a request to sell a County owned railroad right-of-way along Highway 561, in the City of Minneola.
Commr. Smoak recommended that the County Administrator contact the City of Minneola and inquire if they have any interest in obtaining the property for the City.
FIRE DISTRICTS-FIRE DEPARTMENTS/ACCOUNTS ALLOWED
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request from the Yalaha Fire Department to purchase one 2 HP portable air compressor, for Station #l, at a cost of $484.00.
FIRE DISTRICTS-FIRE DEPARTMENTS/ACCOUNTS ALLOWED
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request to reimburse Cathy Davis, Firefighter/EMT at the Mt. Plymouth Fire District, $81.00 for books, upon successful completion of the State Municipal Fire Inspectors course.
COMMISSIONERS
At 9:43 a.m. Commr. Windram turned the chairmanship over to the Vice-chairman, Commr. Burhans.
FIRE DISTRICTS-FIRE DEPARTMENTS
On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the request for Change Order #1, on the Meadows Fire Station, to extend the substantial completion date to June 15, 1987.
Commr . Windram was not present for the vote.
COMMISSIONERS
At 9:45 a.m. Commr. Burhans turned the chairmanship over to the Chairman, Commr. Windram.
ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request for Karen Bowerman to attend the Fire Service Leadership Seminar on May 7 through 9, 1987, in Memphis, Tennessee, and to reimburse registration and room costs, only, in the amount of $205.00.
ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request to purchase a Chevrolet l/2 Ton 4x4 pickup with a camper top, at a State Contract price of $12,250.00.
ACCOUNTS ALLOWED/CODE ENFORCEMENT
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request from Code Enforcement to reduce an Order of Fine from $1,240.00 to $500.00, on case CEB #206-86, D. J. and Boyd Holt.
BONDS - MOBILE HOME
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request for Kenneth R. Ward, Lady Lake Area, District #l, to live in a mobile home on the same piece of property on which his 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.
PLANNING DEPARTMENT/COUNTY EMPLOYEES
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request from the Planning Department to hire Julian Harper, Planner III, and Dean Perlick, Planner II, at a salary above the minimum of the range for the positions.
BIDS/GRANTS/DEVELOPMENT/MUNICIPALITIES
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request to bid for the repair of a drainage ditch in Southeast Umatilla, under the Community Development Block Grant Program.
BONDS/ROADS-COUNTY AND STATE
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request to accept a Maintenance Bond on Leesburg West Industrial Park, in the amount Of $4,970.00, and to accept the following road into the County maintenance system: Progress Road (#2-4404).
RECESS AND REASSEMBLY
At 9:55 a.m. the Chairman announced that the Board would recess and reconvene at 10:00 a.m. for the scheduled agenda item.
ORDINANCES/PLANNING DEPARTMENT/COMMITTEES
Michael Szunyog, Director of Planning, appeared before the Board to discuss the proposed tree ordinance with the Board. He stated that the Tree Committee had studied tree ordinances from various cities and counties around the state.
Mr. Szunyog discussed Sections 1 through 16, as outlined in the proposed ordinance.
Considerable discussion occurred regarding the permitting and surveying requirements outlined in the proposed ordinance. It was noted that the wording regarding the replacement of trees needed to be clarified, and that fruit trees should be added to Section 13, Recommended and Restricted Trees.
Mrs. Pat Leonard, Chairman of the Tree Ordinance Committee, appeared before the Board to discuss the proposed ordinance with the Board. She stated that a property owner could plant anything on their personal property, but would need permission to remove any of the trees that are on the "Recommended Trees" list.
Commr. Windram informed the Board that he had received a letter from Mr. Judson Cauthen, Chairman, Lake County Property Owners Association expressing concern regarding the ordinance. He had also received an anonymous petition against the proposed tree ordinance.
Mr. Ernest J. Porter, of Bassville Park, appeared before the Board to state his objections to the proposed tree ordinance.
Commr. Smoak informed the Board that the Orange County Tree Ordinance exempted the private lot owners.
Mrs. Dory Huffstetler, Lake County Conservation Council, appeared before the Board and stated that the Council had sponsored a poster contest to allow area school children to express "Why We Should Save Our Trees", which were displayed at the County Pair. She had brought a few examples for the Board to look at.
Mrs. Pat Myer, who worked on the Tree Ordinance Committee representing South Lake County, appeared before the Board to discuss Section 3, Criteria for Removal, with the Board. She stated that certain items were put in the ordinance to protect the rights of the property owner.
Mr. Roy White, Sunnycrest Area, appeared before the Board to express his concerns regarding the tree ordinance.
Mr. G. Edward Pringle, a Nurseryman in Leesburg, appeared before the Board to inform the Board as to his concerns regarding the tree ordinance. He felt that from the nursery business standpoint, the tree ordinance is not necessary, because he feels a considerable amount of trees are being sold and planted at the present time.
Mrs. Ruth Turner, near Lady Lake, appeared before the Board and stated that she felt the proposed tree ordinance is for the good of the public.
Mr. Judson Cauthen, Chairman, Lake County Property Owners Association, appeared before the Board and stated the concerns the association has regarding the proposed tree ordinance.
Commr. Windram thanked everyone for their concern and input regarding the proposed tree ordinance.
No action was taken.
RECESS AND REASSEMBLY
At 11:25 a.m. the Chairman announced that the Board would recess until 11:35 a.m.
COUNTY BUILDINGS AND GROUNDS/PUBLIC WORKS/BIDS
Michael C. Willett, County Administrator, discussed with the Board the proposed sign shop for the Public Works Department. He stated that they have looked into utilizing the Mascotte or the Umatilla Barn for the sign shop.
Ben Benedum, Director of Public Works, appeared before the Board to discuss the plans for the sign shop.
Commr. Deems suggested that the Mr. Benedum inquire as to a price of a standard steel building in lieu of a concrete block building.
Chris Ford, County Attorney, suggested that the County get bids on the plans and authorize the County Administrator to obtain quotes from steel builders. He stated that the building would need to be structurally sound and be certified by an engineer. He informed the Board that he would investigate the legality involving constructing a standard steel building for the sign shop.
RECESS AND REASSEMBLY
At 12:03 p.m. the Chairman announced that the Board would recess and reconvene at 2:00 p.m. for the Road Closings.
ROAD CLOSINGS - Eustis Area - Petition No. 454
Mr. George Conn, property owner in the area, appeared before the Board to state his objections to the closing of the road.
Mr. Amos W. Roach, petitioner, appeared before the Board to discuss his reasons for the closing of the road.
Mr. Kenneth Roach, son of the petitioner, appeared before the Board and stated that he feels the road should be closed, and that Mr. Conn would still have access to his property.
Commr. Windram informed the Board that he had a meeting with the Roach's and the Conn's to remedy the problem, but was unable to work out an agreement.
Mr. George Conn, III, appeared before the Board to discuss his objections to the road closing.
Mr. Mike Croak, Attorney representing Mr. Robert Moore Conn, appeared before the Board to discuss his client's objections to the road closing.
Mrs. Jackie Conn, appeared before the Board to state her objections to the road closing.
It was noted that the proper proof of publication was on hand as it appeared in the March 26, 1987, and April 2, 1987, editions of the Sentinel Star, Lake Little Sentinel.
Commr. Burhans made a motion, which was seconded by Commr. Smoak to deny the request to vacate a street in the Phillipsburg Subdivision, Eustis Area, as advertised in Petition No. 454, by Amos W. Roach. The motion failed with Commr. Windram, Commr. Carson and Commr. Deems voting "No".
On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the request to vacate a street in the Phillipsburg Subdivision, Eustis Area, as advertised in Petition No. 454, by Amos W. Roach.
Commr. Burhans and Commr. Smoak voted "NO".
ROAD CLOSINGS - Lady Lake Area - Petition No. 456
Mrs. Pat Collins, a property owner in the area, appeared before the Board to discuss the road closing with the Board. After some discussion she did not object to the closing of the road.
It was noted that the proper proof of publication was on hand as it appeared in the March 26, 1987, and April 2, 1987, editions of the Sentinel Star, Lake Little Sentinel.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request to close said lots and streets in the Conant Subdivision, Lady Lake Area, as advertised in Petition No. 456, by S. H. Rehmann.
ROAD CLOSINGS - Eustis Area - Petition No. 457
Mr. Michael C. Willett, County Administrator, stated that there were three (3) letters on file opposing the road closing.
Mr. Brian Silbernagel, Beard Kauffman Realty, Eustis, representing Mr. G. R. Dickerson, an abutting property owner, appeared before the Board in opposition to the road closing.
Mr. Alan W. Mielke, petitioner, appeared before the Board to discuss his request to close the road in question.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board denied the request to vacate a road in Orange Avenue Heights, Eustis Area, as advertised in Petition No. 457, by Alan W. Mielke.
ROAD CLOSINGS - PERMISSION TO ADVERTISE
Petition No. 458 - Umatilla Area
Mr. and Mrs. Van, St. Petersburg, Florida, owners of one-third of the lot, appeared before the Board to state their objections to the closing of the road in question.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request to advertise that portion of the Pittman Subdivision, Umatilla Area, in Petition No. 458, by Thomas F. and Carolyn K. Fugua.
Petition No. 459 - Mt. Dora Area
No one present in the audience wished to discuss the 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 Fairview Subdivision, Mt. Dora Area, in Petition 459, by L. E. Taylor..Petition No. 460 - Fruitland Park Area No one present in the audience wished to discuss the request with the Board.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to advertise that portion of Old Lake Unity Road, Fruitland Park Area, in Petition 459, by Jamie Senatore.
COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)
PRIVATE INDUSTRY COUNCIL/ACCOUNTS ALLOWED
Mrs. Robbie Baird, Director of the Private Industry Council, appeared before the Board to discuss the request to implement the Teleios Ministries Offender Program, at a total cost not to exceed $3,500.00. She stated that this program will provide training to offenders, who were previously incarcerated, and will prepare them for reentry into the labor force and job placement.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request to implement the Teleios Ministries Offender Program, at a total cost not to exceed $3,500.00.
PRIVATE INDUSTRY COUNCIL/ACCOUNTS ALLOWED
Mrs. Robbie Baird, Director of the Private Industry Council, appeared before the Board to discuss the request to implement the South Lake Alternative School Preemployment Skills and Work Experience Program, at a cost of approximately $6,000.00, for payment of wages to 10-15 participants working fifteen (15) hours per week for the balance of this school year. She informed the Board that the project would target potential drop-outs, as identified by the school system, and would provide preemployment skills training prerequisite to entering a part-time work experience activity and/or the Summer Youth Employment Program (SYEP).
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request to implement the South Lake Alternative School Preemployment Skills and Work Experience Program, at a cost of approximately $6,000.00.
PRIVATE INDUSTRY COUNCIL/ACCOUNTS ALLOWED
Mrs. Robbie Baird, Director of the Private Industry Council, appeared before the Board to discuss the request to implement the Dislocated Workers Program, in an amount not to exceed $25,000.00, to be funded out of the Job Training Partnership Act (JTPA) Contingency Fund. She stated that approximately 36 workers will soon be laid off due to the closing of the Leesburg Apparel Manufacturing Company, a Division of Manhattan Shirts.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request to implement the Dislocated Workers Program, in an amount not to exceed $25,000.00, to be funded out of the Job Training Partnership Act (JTPA) Contingency Fund.
CONTRACTS, LEASES AND AGREEMENTS/TAX COLLECTOR
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board authorized signatures on the lease for Tax Collector, T. Keith Hall's Office, at the Winn-Dixie shopping center in Tavares, with the first four months free, and ability to cancel at the end of each year.
REDISTRICTING/ELECTIONS
Chris Ford, County Attorney, informed the Board that he had the redistricting memo prepared to be discussed at this time.
Commr. Smoak suggested to the Board that they place the redistricting issue on the agenda, so the public will have an opportunity for input on this issue. It was noted that the redistricting issue has been scheduled May 5, 1987, at 10:30 a.m.
LAWS AND LEGISLATION/COUNTY ATTORNEY
Chris Ford, County Attorney, discussed with the Board the need to hire a lobbyist to lobby the Legislature for Lake County for the next session.
He stated that he had three names to consider, as follows:
Phil Blank, an attorney in Tallahassee, for $15,000.00; Fred Baggett, an attorney in Tallahassee, for $15,000.00; and Wilson Wright, an attorney in Tallahassee, for $10,000.00 plus $1,000.00 for expenses.
Mr. Ford informed the Board that he had tried to obtain information as to who led the fight on sales tax previously, and he believes that it was the State Association of County Commissioner's.
Considerable discussion occurred regarding the issue of a lobbyist to represent Lake County in Tallahassee.
Commr. Carson made a motion, which was seconded by Commr. Deems not to hire a lobbyist for this session in the Legislature. The motion failed with Commr. Burhans, Commr. Smoak, and Commr. Windram voting "No".
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried, the Board approved to hire Phil Blank as the representative to lobby the Legislature for Lake County this session.
Commr. Carson voted "No".
There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:00 p.m.
THOMAS J. WINDRAM, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
lb/4-28-87