The Lake County Board of County Commissioners met in regular session on Tuesday, May 5, 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. Deems.
MINUTES
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the Minutes of April 21, 1987, as presented.
BONDS - CONTRACTOR
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the following Contractor Bonds:
New
1455-67 Gary L. Tinney dba Sunstate Plumbing, Inc. (Plumbing)
4468-87 Malcolm C. Staples (Residential)
4470-87 Mitch A. Permuy (Electrical)
4471-87 Frank Cox Construction (General Contractor)
4472-87 Richard P. Kofke dba Kofke Plumbing (Plumbing)
4473-87 Jack A. Rosier (Residential)
4474-87 Donald J. Burchnell (Building Contractor)
4475-87 Michael W. Minyard (Heating and Air Conditioning)
4476-87 Barry DePriest dba DePriest Air Conditioning and
Heating, Inc. (Air Conditioning and Heating)
4477-87 David Sharp dba S&W Electrical Contractors (Electrical)
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
Willie H. Sager Enrique F. R. Daniel
William J. McCullough Antonio Muraca
Raymond L. Rice Fred Spithaler
Wayne E. Davenport J. Philip Owens
Garry E. Hart Magnus Olsen
Addition Renewals (cont'd.)
Henry J. Outhouse Roy C. Ramsey
Barbara Pingston
ACCOUNTS ALLOWED
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the payment of Warrant #67972 through Warrant #68393 for the following accounts:
Pasco Fire Department Paisley Fire District
Landfills Bassville Fire District
General Revenue South Lake Fire District
County Transportation Trust Northwest Fire District
Section 8 Private Industry Council
Mosquito Control Revenue Sharing
Fine and Forfeiture Aquatic Weed
Countywide Library Mt. Plymouth Fire District
Countywide Fire District Law Enforcement Trust Fund
Eustis Section 8 Fish Conservation
Road Impact
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 following Satisfaction of Assessment Liens:
Florida Fruitland Park Tropical Homesites
William F. Locke $542.20
Western Shores Subdivision
Ellen De Paolo (Donald Love) 986.67
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 following weeks:
April 17, 1987 ($23,736.73) April 24, 1987 ($22,687.60)
ACCOUNTS ALLOWED/COURTS-JUDGES
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of a check in the amount of $4,472.21, from the State of Florida, Office of the Comptroller, Tallahassee, for Conflict Cases, Invoice No. 3 and 4, FY 86-87.
REPORTS/EDUCATION
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of Report No. 10851, audit of the District School Board, Lake County, for the fiscal year ended June 30, 1987, from Charles L. Lester, Auditor General, State of Florida.
RESOLUTIONS/MUNICIPALITIES/POLLUTION CONTROL
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of a Resolution from the City of Mount Dora, and Resolution No. 4043 from the City of Leesburg, supporting the swap of state owned muck farmlands in the Everglades for mucklands around Lake Apopka and Apopka-Beauclair Canal; to help Lake Apopka by providing a beneficial aquatic environment for the spawning of fish and to flush out pollutants.
CONTRACTS, LEASES AND AGREEMENTS/PUBLIC WORKS
James C. Watkins, Clerk, brought before the Board a contract received from John Dickerson, Architect, for his services regarding the proposed Public Works building, which had been reviewed by the County Attorney.
No action was taken at this time.
COUNTY ADMINISTRATOR'S AGENDA
MUNICIPALITIES/COUNTY BUILDINGS AND GROUNDS
Michael C. Willett, County Administrator, brought before the Board a request from the Tavares Homeowner's Association to park boat trailers in the lock storage area behind the Courthouse, and the Association would upkeep the grounds.
The Board directed the County Administrator to discuss with the County Attorney the legal ramifications of the request.
MUNICIPALITIES/ACCOUNTS ALLOWED
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request from the City of Leesburg for additional funding for airport improvements, in the amount of $3,955.00. This includes the $6,795.00 currently budgeted for airport improvements.
CONTRACTS, LEASES AND AGREEMENTS/STATE AGENCIES
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request to acknowledge receipt, with no objections, to the proposed purchase of land, in the Ocala National Forest by the Forest Service.
ACCOUNTS ALLOWED/EMERGENCY MANAGEMENT/EAST CENTRAL
FLORIDA REGIONAL PLANNING COUNCIL/CONTRACTS, LEASES
AND AGREEMENTS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Hoard approved the request for signatures On an agreement with the East Central Florida Regional Planning Council for Lake County to receive $1,000.00 to cover expenses incurred during a regional hurricane exercise.
ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Hoard approved the request to reimburse David Richardson and Terry Vineup, Firefighters, Northwest Fire District, $63.00 each, for successful completion of Introduction to Fire Science, at Lake Sumter Community College.
ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS/MUNICIPALITIES
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Hoard approved the request for the Yalaha Fire Department to purchase two (2) Uniden portable radios with charger and case, at a total cost of $1,270.00.
ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS/MUNICIPALITIES
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Hoard approved the request to purchase under the current bid from Walker Stainless, one 4x4 brush truck for the Astor Volunteer Fire Department, at an estimated cost of $25,000.00, and to transfer $19,000.00 from the contingency fund.
RESOLUTIONS/VETERANS SERVICE
Art Ragland, County Veterans Service Officer, appeared before the Board to discuss the request from the American Legion for a Resolution supporting the creation of a Florida Department of Veterans Affairs. He stated that the request would put the Veterans Service under State control with local funding.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Hoard upheld the recommendation of the County Veterans Service Officer and denied the request, from the American Legion, for a Resolution supporting the creation of a Florida Department of Veterans Affairs.
ACCOUNTS ALLOWED/VETERANS SERVICE
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request from the Veterans Service Office to purchase one desk and one sofa, at a total cost of $580.00.
RESOLUTIONS/HEALTH DEPARTMENT
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for a Resolution in appreciation of faithful service for Carolee Owens, a former employee of the County Health Department, from 1938 to 1972.
ACCOUNTS ALLOWED/PERSONNEL
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to purchase one desk, at an approximate cost of $310.00, for the Personnel Department.
ACCOUNTS ALLOWED/PLANNING DEPARTMENT
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for Mike Szunyog to attend the State Association of County Planning and Zoning Directors Annual Conference in Tampa, on May 6-8, 1987, at a cost of $280.00.
APPOINTMENTS-RESIGNATIONS/CODE ENFORCEMENT
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to appoint Rick Weber, General Contractor, to the Code Enforcement Board to fill a vacant position, with the term to expire October 31, 1987.
ACCOUNTS ALLOWED/SUBDIVISIONS/ROADS-COUNTY AND STATE/BONDS
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request for final plat approval of Graceland Subdivision; acceptance of a Maintenance Bond in the amount of $31,605.00; and acceptance of Lake Kirkland Drive (3-0530) and Graceland Drive (3-0530A) into the County maintenance system.
ACCOUNTS ALLOWED/SUBDIVISIONS/ROADS-COUNTY AND STATE/BONDS
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for final plat approval of Amberhill, First Addition: acceptance of a Maintenance Bond, in the amount of $11,400.00; and acceptance of the following roads into the County maintenance system: Topaz Street (3-1044A), Garnet Drive (4-1044B), Garnet Court (3-1044C), and Sapphire Drive (4-1045A).
ACCOUNTS ALLOWED/SUBDIVISIONS
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request for final plat approval of Montverde Hills Subdivision and acceptance of an Irrevocable Letter of Credit for performance, in the amount of $58,669.48.
PLANNING DEPARTMENT
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request for an additional position of Permit Clerk for the South Lake Annex.
COMMISSIONERS
At 9:38 a.m. the Chairman, Commr. Windram, turned the chairmanship over to the Vice-Chairman, Commr. Burhans.
ACCOUNTS ALLOWED/POLLUTION CONTROL
On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the request to reimburse Michael Roberts $135.00 for tuition and books, upon successful completion of Basic Programming and Elementary Statistics, at Valencia Community College.
Commr. Windram was not present for the vote.
COMMISSIONERS
At 9:40 a.m. the Vice-chairman, Commr. Burhans, turned the chairmanship over to the Chairman, Commr. Windram.
ACCOUNTS ALLOWED/PUBLIC WORKS
Mr. Ben Benedum, Director of Public Works, appeared before the Board to discuss the request to advertise for the construction of the Lake County Sign shop, at an estimated cost of $175,000.00.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to advertise for the construction of the Lake County Sign Shop, obtaining quotes for both a prestressed concrete building and a steel building, at an estimated cost of $175,000.00.
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for partial payment to Hewitt Contracting Company for Project No. 4-87, Goose Creek/Harbor Shores Road, in the amount of $67,380.33.
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request for partial payment to Trac Roadbuilders for Project No. l-87, C-448 Widening and Resurfacing, in the amount of $102,263.58.
RIGHT-OF-WAYS, ROADS AND EASEMENTS/DEEDS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved the request to accept the following right-of-way deeds, drainage easements and non-exclusive easement:
Right-of-Way Deeds
Montverde Hills Corp. Ridgewood Avenue
Cecil/Ruth Santy #l-6611 Eagle's Nest Rd.
Ronald 0. Vainik #5-9587 Alco Rd.
C.A./Lucille W. Deems #l-6611 Eagle's Nest Rd.
Drainage Easements
Rollena/Quenell Bonds S. E. Umatilla/Off C-450
Cecil/Ruth Santy #l-6611 Eagle's Nest Rd.
Non-Exclusive Easement
Willie Marvin Lord #3-1158 John's Lake Rd.
Commr. Deems abstained from voting, because of his interest in one of the right-of-way deeds.
CONTRACTS, LEASES AND AGREEMENTS/COMMITTEES
Mr. James C. Watkins, Clerk, discussed with the Board the Lake County Historical Society Agreement. Mr. Watkins recommended amending two clauses in the agreement.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the amendments as recommended by Mr. Watkins, Clerk.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved and authorized the proper signatures on the Lake County Historical Society Agreement.
ORDINANCES/LANDFILLS
The Chairman announced that the advertised time had arrived for the public hearing on an ordinance amending the Lake County refuse and garbage disposal ordinance 1972-2, to insure clarity of the ordinance as well as adequate control of the refuse collected and disposed in Lake County. It was noted that the proper proof of publication was on hand as it appeared in the April 16, 1987, and April 24, 1987, editions of The Orlando Sentinel, Lake Little Sentinel.
Mr. Roland Lewis, Solid Waste Disposal Operations Director, appeared before the Board to discuss the refuse ordinance.
Mr. Ben Benedum, Director of Public Works, appeared before the Board to discuss the non-placement of the green boxes on right-of-ways.
No one present in the audience wished to discuss the ordinance with the Board.
On a motion by Commr. Smoak, 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 AMENDING ORDINANCE 1972-2, THE LAKE COUNTY REFUSE AND GARBAGE DISPOSAL ORDINANCE, BY DELETING ALL REFERENCE TO GARBAGE AND TRASH AND BY USING REFUSE THROUGHOUT ORDINANCE TO BE ALL INCLUSIVE: INCLUDING SEWAGE AND INDUSTRIAL WASTES: REQUIRING CERTAIN INSIGNIA ON REFUSE CONTAINERS: PROVIDING FOR INCREASED RATES FOR OUT OF COUNTY GENERATED REFUSE: PROVIDING A PENALTY FOR FAILING TO DISPLAY PROPER VEHICLE MARKINGS; PROVIDING PLACEMENT RESTRICTIONS FOR SPECIALIZED CONTAINERS; REQUIRING OCCUPATIONAL LICENSE AND LAKE COUNTY BUSINESS OFFICE; PROVIDING FOR INCREASED LIABILITY INSURANCE: REQUIRING DAILY ROUTE MANIFEST RECORDS; PROVIDING SUSPENSION OF FINE AND FRANCHISE REQUIREMENTS IN THE EVENT OF AN EMERGENCY: PROVIDING THE SEVERABILITY CLAUSE: AND PROVIDING AN EFFECTIVE DATE.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board adopted Ordinance 1987-7, as read by title only on its first and final reading.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request, from the Sheriff's Department, for reimbursement, pursuant to Florida Statute 943.25 (8) A, Lake County Ordinance 1982-1, in the amount of $8,985.00, for expenses incurred in sending Deputy Steve Kodaj to Loredo, Texas, from January 10, 1987, to March 26, 1987, to participate in the U.S. Customs Narcotic Dog Training School.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request, from the Sheriff's Department, for reimbursement, pursuant to Florida Statute 943.25 (8) A, Lake County Ordinance 1982-1, in the amount of $238.00, for expenses incurred in sending Investigators Rocky Harris and James P. Mock to an Identi-Kit training class held in St. Petersburg, Florida, on April 21-22, 1987.
SHERIFF'S DEPARTMENT/COUNTY ATTORNEY
Commr. Windram brought to the attention of the Board a letter from Sheriff Noel E. Griffin, Jr. regarding the treatment of prisoners by physicians requiring written verification of payment by the County before prisoner is treated.
The Board referred the letter to the County Attorney, to report back to the Board at a later date.
COMMISSIONERS
At 10:24 a.m. the Commr. Windram turned the chairmanship over to the Vice-chairman, Commr. Burhans.
RECESS AND REASSEMBLY
At 10:24 a.m. the Vice-chairman announced that the Board would recess until 10:30 to discuss the scheduled agenda item.
REDISTRICTING/ELECTIONS
Commr. Smoak discussed with the Board and the audience the issue of single-member districting in Lake County. He stated that the issue was placed on the ballot for the citizens consideration in November, 1986. He felt that there would be an open discussion of the pros and cons of the issue, but it did not occur. The media gave very little attention to the issue. He stated that putting the issue back on the March, 1988, ballot would either affirm the previous decision or reverse it.
Mr. Roy Caldwell, Clermont, appeared before the Board to discuss the issue with the Board. He felt that the lack of a countywide viewpoint would deter representation in his district. He approved of placing the issue on the ballot in March, 1988.
Mr. Jay Vandemeer, appeared before the Board to state his feelings on the issue. He was concerned with the roads ending at each district as it had in the past. He approved of placing the issue on the ballot in March, 1988.
Mr. Harry Hicks, Eustis, appeared before the Board to give his support on placing the issue on the ballot in March, 1988.
Mr . Greg Homan, citrus grower in South Lake County, appeared before the Board stating his concerns on the issue. Be felt that the citizens should have the opportunity to vote for all of the Commissioners, and that the issue should be placed once again on the ballot in March, 1988.
Mr. Bob Mahon, Leesburg, appeared before the Board to discuss his feelings on the issue. He was against placing the issue on the ballot in March, 1988.
Mr. Bob Swenson, Clermont, appeared before the Board to state his feelings on the issue. He approved of placing the issue on the ballot in March 1988.
Ms. Penny Paquette, resident of Leesburg and member of the Countywide Citizens Advisory Committee for Lake County Schools, appeared before the Board to discuss her feelings on the issue. She stated that she had written a letter to both daily newspapers outlining the pros and cons of single-member districting, which was never printed by them. She approved of placing the issue on the ballot in March, 1988.
Mr. Jeff Book, resident of Mt. Dora and member of the Democratic party of Lake County, appeared before the Board and stated that the citizens have voted and the outcome should be final. He discussed the merits of single-member districting. He was against placing the issue on the ballot in March, 1988.
The following people appeared before the Board to state their objections against placing the single-member district issue on the March, 1988, ballot: Mr. Dick Surong, Tavares; Ms. Marie Coppes, Tavares; Ms. Irene Richardson, Leesburg; Mr. Oscar Taylor, Astor; M S . Esther Williams, Leesburg; Ms. Pat Myer, Clermont; and Mr. Bob Fletcher, Bassville Park.
The following people appeared before the Board to express their reasons for approval of placing the single-member district issue on the March, 1988, ballot: Ms. Veronica Cashiano, Tavares; Mr. Larry Conner, Bassville Park; Ms. Joyce Walker, Clermont; Mr. Keith Shamrock, Eustis: and Ms. Mae Griffith, Minneola.
Commr. Windram thanked the audience for appearing today and stating their concerns on the single-member issue.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried, the Board approved to place the single-member district issue on the March 8, 1988, ballot, under Chapter 124, indicating voter's preference for at-large elections, or for single-member district elections, and for that ballot question to be formulated and presented back to the Board for consideration, after due notice to the public.
Commr . Carson and Commr. Deems voted "No".
RECESS AND REASSEMBLY
At 12:lO p.m. the Chairman announced that the Board would recess for lunch and would reconvene at 2:00 p.m.
ZONING
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the withdrawal of Zoning Case #23-87-4, Villages at Mt. Dora.
COMMITTEES/MEETINGS/COMMUNICATIONS
Commr. Burhans brought to the attention of the Board a letter he received from Michael D. Bast, Centennial Chairman, Osceola County, informing him of their centennial celebration and inviting him to attend. He directed the secretary to prepare a letter inviting the surrounding counties to Lake County's Centennial celebration. He also directed the secretary to invite Representative Bainter to the celebration.
COMMUNICATIONS
Commr. Windram brought to the attention of the Board a letter received from the National Association of Counties requesting the County to notify them of a voting delegate and alternate delegate authorized to pick up Lake County's credential materials. It was noted that the Clerk has done so in the past.
No action was taken at this time.
COMMUNICATIONS/LANDFILLS
Commr. Windram brought to the attention of the Board a letter received from Mr. Ralph Kron, Mt. Dora, encouraging the Board of County Commissioners to establish a park on the Astatula landfill, volunteering his time and effort in fulfilling his recommendation. No action was taken at this time.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 2:10 p.m.
THOMAS J. WINDRAM, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
lb/5-8-87