A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JUNE 2, 1987

The Lake County Board of County Commissioners met in regular session on Tuesday, June 2, 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: Thomas J . Windram, Chairman; Glenn C. Burhans; Claude E. Smoak, Jr.; and James R. Carson, Jr.; Commr . Deems was not present for the meeting. Others present were: Sanford Minkoff, County Attorney; James C. Watkins, Clerk; Michael C. Willett, County Administrator; Robert L. Wilson, Finance Director: Ava Kronz, County Administrator's Office: and Toni M. Austin, Deputy Clerk.

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

MINUTES

On a motion by Comrnr. Smoak, seconded by Commr. Carson and carried, the Board approved the Minutes of May 19, 1997, as presented.

Commr. Windram was not present for the vote.

AMBULANCES-HOSPITAL DISTRICTS/REPORTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board acknowledged receipt of the Waterman Medical Center, Inc. Ambulance Operations Special Report, for the Year Ended September 30, 1986.

Commr. Windram was not present for the vote.

LICENSES AND PERMITS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the following Gun Permits and Bonds:

New Renewals Additions

Catherine S. Owens Richard Jackson Summerlin Tuan Q. Bui

Warren C. Schroeder Harley E. Evans

Lucious Glen Clark Joe Dale McLain

Thomas D. Hurlburt Ercel E. Jones

Jerry G. Voorhees Nancy G. Bennett

Anthony E. Stultz

Jack C . Miller

Robert J. PreGenzer

Jack Butts

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the payment of Warrant #68756 through Warrant #69205 for the following accounts:

County Transportation Trust Landfills

Mt. Plymouth Fire District Countywide Fire District

Aquatic Weed General Revenue

Section 8 Mosquito Control

Bassville Fire District Eustis Section 8

Countywide Library Private Industry Council

Fine & Forfeiture South Lake Fire District

Revenue Sharing Northwest Fire District

Pasco Fire District Paisley Fire District

Road Impact

Commr. Windram was not present for the vote.

BONDS - CONTRACTOR

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the following Contractor Bonds:

New

3066-87 Michael Wilburth d/b/a Wilburth Masonry

4307-87 Charles B. Stokes, Jr. (Electrician)

4478-87 Kenneth Young (Electrical Contractor)

4479-87 West Central Florida Heating & Air, Inc.

(Heating & Air Cond.)

4480-87 Roger Facemire (Roofing)

4481-87 John C. Ebberts (Aluminum Specialty)

4483-87 Alan Sainders (Class B - Builder)

Commr. Windram was not present for the vote.

BUDGETS/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the budget revision for the Fire Districts, as outlined in the Memorandum dated May 19, 1987, from Donald W. Smalt, Budget Analyst. (The amended budgets are necessary to record the debt proceeds, from the Aarnett Bank loan, for the fire districts.)

Commr. Windram was not present for the vote.

RESOLUTIONS/WATER RESOURCES

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the Proclamation designating the week of June 7-13, 1987, as "National Safe Boating Week."

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/ASSESSMENTS/SUBDIVISIONS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved and authorized the proper signatures on the Satisfaction of Assessment Lien, for Lowell J. Hinchee (Ebaugh), Thomas Holdings Subdivision, in the amount of $2,900.00.

Commr. Windram was not present for the vote.

REPORTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases, for the week ending May 15, 1987, in the amount of $21,104.34.

Commr. Windram was not present for the vote.

EDUCATION

Mr. James C. Watkins, Clerk, introduced to the Board Dr. Carl C. Andersen, President of Lake-Sumter Community College. Dr. Andersen discussed his position with Lake County and welcomed any and all communication, with the Board and staff, on Lake County's mission and resources of the area.

At this time, Dr. Anderson introduced Ms. Suzanne Reynolds, Development Director, from Lake-Sumter Community College.

COMMISSIONERS

At 9:05 a.m. the Chairmanship was turned over to Commr. Windram.

COUNTY ADMINISTRATOR'S AGENDA

MUNICIPALITIES/RIGHT-OF-WAYS, ROADS-EASEMENTS

Mr. Michael C. Willett, County Administrator, reported to the Board that he had met with representatives, from the City of Minneola, last week concerning the proposed sale of a piece of property in Minneola. Hi stated that the City of Minneola requested that no action be taken, until June 9, 1987, after the City Commission meets.

No action was taken at this time.

ACCOUNTS ALLOWED/EMERGENCY MANAGEMENT

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request to purchase a TV and VCR, for the Emergency Operating Center, at State contract cost of $464.35, upon the recommendation of the County Administrator.

COMMISSIONERS

At 9:15 a.m. the Chairman turned the Chairmanship over to the Vice-Chairman, Commr. Burhans.

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request, from the South Lake Fire District, to purchase one 1,500 gallon frameless portable water tank, at an approximate cost of $950.00.

Commr. Windram was not present for the vote.

ANIMAL CONTROL/CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the request for signatures on the County/Municipal Animal Control Agreements, with the cities of Montverde, Umatilla, Mt. Dora, and Groveland.

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/CODE ENFORCEMENT

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request, from Code Enforcement, to reduce an Order of Fine, from $2,465.00 to $750.00, in CEB Case #204-86, for Walter A. Kaminski.

Commr. Windram was not present for the vote.

APPOINTMENTS-RESIGNATIONS/POLLUTION CONTROL

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the request for reappointment of Jack Dequine, Phillip Conant and William H. Dailey, to the Pollution Control Board, with terms to expire June 5, 1989.

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the request to purchase a new remote radio unit, for the Leesburg Maintenance Shop, from Tidmore Electronics, in the amount of $230.75.

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the request for a Change Order to Project No. 9-87, Cherry Lake Road, with Trac Roadbuilders, to include drain pipe additions, per Lake County's request, in the amount of $9,513.20.

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the request for partial payment, to Joyce Environmental Consultants, for Project No. 13-87, Countywide Mowing Project, for the completion of mowing cycle 1, in District #1, in the amount of $6,688.15.

Commr. Windram was not present for the vote.

COMMISSIONERS

At 9:20 a.m. Vice-Chairman, Commr. Burhans, returned the Chairmanship to Commr. Windram.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request for partial payment, to Trac Roadbuilders, for Project No. 9-87, Cherry Lake Road, in the amount of $79,667.55.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request for partial payment, to Trac Roadbuilders, for Project No. 10-87, C-448 Widening, in the amount of $149,743.62.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request for full payment, to Asphalt Pavers, Inc, for Project No. 11-87, C-46A Resurfacing, in the amount of $188,961.64.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request for final payment, to Asphalt Pavers, Inc., for Project No. 7-87, Cherry Lake 6-2-87.Road, CR 466 and Lady Lake Roads, in the amount of $34,945.17.

CONTRACTS, LEASES & AGREEMENTS/PUBLIC WORKS

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request for a Septic Tank Pumping Franchise, for Shelley's Plumbing and Septic Tanks.

CONTRACTS, LEASES & AGREEMENTS/PUBLIC WORKS

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request for a Refuse Collection Franchise, for Florida Refuse Service, Inc.

DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS

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

Marion Baysinger/Fulks Grove, Inc. #2-1311 AG Road

Fulks Grove, Inc. #2-1311 AG Road

Donald/Kathleen Wiggins and

Lester/Lena Wiggins #5-9587 Alco Road

Lake Co. Bd. of Public Instruction #2-1311 AG Road

Rilla/Samuel Greco, Jr. #l-7212 Griffin View

Drive

Joseph/Jewel Symmes #2-1312 Rester Road

Lake Co. Bd. of Public Instruction #2-1712 Underpass Rd.

Mercy Star Associates/First

Realty Advisors #4-5072 Waycross Ave.

Charles E. Bradshaw, Jr.,

Pres. of Hi-Acres, Inc. #2-1712 Underpass Rd.

RESOLUTIONS/WATER AUTHORITY

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request for a Resolution, between Lake County and the Florida Department of Natural Resources, for the State Aquatic Plant Control Funding Program, naming the project administrator and financial officer.

ACCOUNTS ALLOWED/BIDS/HEALTH DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to award the bid, on Project No. 3986, Lake County Health Department, to Mark Cook Builder, Inc., low bidder, at a cost of $249,634.00.

COUNTY EMPLOYEES/LIBRARIES

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the employment of Ms. Wendy Breeden, as County Library Coordinator, at a salary of $28,000.00.

COUNTY PROPERTY/HEALTH DEPARTMENT

Mr. Michael C. Willett, County Administrator, brought to the attention of the Board a request from a gentleman to continue to sell his fresh produce on the property purchased by the County, located on Griffin Road, where the construction of the Leesburg Health Department will take place.

The Board felt that it was not necessary to take action on this request.

COMMITTEES/JAILS/REPORTS

Mr. James C. Watkins, Clerk, gave a verbal updated jail report to the Board. He stated that the Leesburg Jail has been completely renovated and now holds approximately 38-42 inmates. The capacity of the Lake County Jail is approximately 180 inmates. Mr. Watkins stated that over the weekend there were approximately 208 inmates, and as many as 230 over that period. The problem has been discussed with Judge Ernest C. Aulls, who does not feel comfortable releasing any more inmates from the jail on their own recognizance. The Jail Task Force Committee has considered the Juvenile Shelter as a potential area to house inmates. A meeting had been held with the jail inspectors; Mr. John Dickerson, Architect; Captain Stewart Perkins, Jail Administrator; and Mr. Watkins, to go through the building. Mr. Dickerson felt that to bring the building up to standard codes, would be cost prohibitive.

Mr. Watkins recommended that the Board authorize, as a priority item, for the Building Committee, or the Jail Task Force Committee, to look into temporary housing, under the approval of the State of Florida.

Mr. Sandy Minkoff, County Attorney's Office, discussed regulations of the Department of Corrections.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board directed the County Administrator to work with the Jail Task Force Committee, to investigate the temporary housing concept, to assist in the overcrowding of the jails.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request from Sheriff Noel E. Griffin, for monies in the amount of $256.00, for May and June, 1987, for In-Service Training School, pursuant to Florida Statute 943.25 (8)A, Lake County Ordinance 1982-l.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Hoard approved the request from Sheriff Noel E. Griffin, Jr., for monies in the amount of $433.55, pursuant to the Florida Contraband Forfeiture Act.

LAWS & LEGISLATION

Mr. Sandy Minkoff, County Attorney's Office, distributed to the Board House Bill No. 1421, pertaining to sales tax and impact fees, for review.

RECESS & REASSEMBLY

At 9:50 a.m. the Chairman announced that the Board would recess for five minutes.

BUILDING DEPARTMENT/ORDINANCES

At 10:00 a.m. the Chairman announced that the advertised time had arrived for the public hearing on the Proposed Ordinance Amending Building Code Ordinance 1983-8.

It was noted that the proper proof of publication was on hand as it appeared in the May 13, 1987, and May 22, 1987, editions of The Orlando Sentinel, Lake Little Sentinel.

Mr. Jack Bragg, Building Official, appeared before the Board to discuss the proposed ordinance, which would bring the building codes up-to-date.

Mr. David Williams, contractor, appeared before the Board to discuss his problem with the County putting him out of business, by not allowing him to place a type of coating on mobile home roofs. He stated that he realized that the County could not supercede State restrictions, but requested that the County consider communicating with the State regarding his problem.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to place the Ordinance Amending Building Code Ordinance 1983-8 on the floor for its first and final reading, by title only as follows:

AN ORDINANCE AMENDING LAKE COUNTY BUILDING CODE ORDINANCE 1983-8 AS AMENDED; ADOPTING UPDATED BUILDING CODES AND AMENDMENTS: ADOPTING A CODE FOR INSTALLATION OF ROOF COVERINGS; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE.



On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board adopted Ordinance 1987-8, An Ordinance Amending Lake County Building Code Ordinance 1983-8 as Amended, on its first and final reading by title only.

BUILDING DEPARTMENT/ORDINANCES

Mr. Sandy Minkoff, County Attorney's Office, informed the Board that he would be meeting with the County Judges tomorrow to discuss Ordinance No. 86-25, Palm Beach County, regarding the control of unlicensed contractors.

LAWS & LEGISLATION (CONT'D.)

Mr. Sandy Minkoff, County Attorney's Office, stated that Senator Langley had informed his office that House Bill 1421 may pass through the House and Senate, with the exception that it will require a referendum for the sales tax.

RECESS & REASSEMBLY

At 10:15 a.m. the Chairman announced that the Board would recess until 10:30 a.m.

COMMITTEES/ORDINANCES

Ms. Pat Leonard, President of the Tree Ordinance Committee, appeared before the Board to discuss the proposed tree ordinance.

At this time, the following changes were discussed, as presented in the May 27, 1987, memorandum from Michael C. Willett, County Administrator:

1. The section which applied to individual lot owners has been deleted and individual lots are now exempted from the ordinance.

2. The wording for "Restricted" and "Non-Restricted" stocks has been changed to "Preferred" and "Non-Preferred".

3. In the section regarding application for permit, the word "survey" has been deleted and "inventory" has been substituted.



Commr. Smoak questioned the issuing of permits and the determination of criteria.

Mr. Mike Szunyog, Director of Planning, was present to give an explanation of the procedures to be used by the County.

Mr. Chick Gregg, contractor, appeared before the Board to discuss site plan requirements, as to the removal of trees.

Ms. Pat Meyer, Clermont, member of the Tree Ordinance Committee, felt that the Board was being to particular with the wording of the ordinance, with the County losing valuable trees in the meantime.

Commr. Smoak felt that there may be problems, from the commercial and industrial point of view, but may not be in residential.

Mr. C. W. Pringle, long time resident of Lake County, appeared before the Board and stated that he did not feel that the County needed this type of ordinance. He stated that he felt that it would be taking away the perogative of the landowner. Mr. Pringle read to the Board a letter with his reasons for not being in favor of a tree ordinance.

Ms. Dorie Huffstetler appeared before the Board and stated that she was in favor of a tree ordinance, so that the County's future can be protected.

Mr. Willard Beane appeared before the Board and played a tape recording from the President of the Lake County Homeowners Association, Mr. Jessie Cauthen, with his comments, suggestions, and objections to the ordinance.

Mr. Beane stated that he felt there were weaknesses in the ordinance, and it would be taking away peoples' rights.

The Board directed Ms. Pat Leonard to continue to work with the County Attorney's Office, on the proposed tree ordinance, to resolve problems that were indicated at today's meeting.

ACCOUNTS ALLOWED/ELECTIONS

Commr. Burhans informed the Board that Mrs. Emogene Stegall, Supervisor of Elections, has the opportunity to purchase 50 voting machines, from Polk County, in the amount of $50 each, for a total of $2.500.00, to be taken from the Contingency Fund.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request for the purchase of 50 voting machines, in the amount of $2,500.00, for the Supervisor of Elections Office.

COMMITTEES

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board directed a letter of appreciation to each individual and company that participated in the Centennial Celebration.

APPOINTMENTS-RESIGNATIONS/EAST CENTRAL FLORIDA REGIONAL

PLANNING COUNCIL

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board appointed Commr. Carson to the East Central Florida Regional Planning Council, with his term expiring June 2, 1990.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:05 p.m.

THOMAS J. WINDRAM, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMA/6-3-87