A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 6, 1988

The Lake County Board of County Commissioners met in regular session on Tuesday, September 6, 1988, 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: Glenn C. Burhans, Chairman; Thomas J. Windram; Claude E. Smoak, Jr.; James R. Carson, Jr.; and Don Bailey. Others present were: Christopher C. Ford, County Attorney: James C. Watkins, Clerk; Michael C. Willett, County Administrator: Katherine A. McDonald, Assistant County Administrator; Robert K. McKee, Chief Deputy Clerk; and Toni M. Austin, Deputy Clerk.

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

MINUTES

On a motion by Commr. Carson, seconded by Commr. Bailey and carried, the Board approved the Special Minutes of July 26, 1988, as presented.

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried, the Board approved the Minutes of August 9, 1988, as presented.

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried, the Board approved the Special Minutes of August 15, 1988, as presented.

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried, the Board approved the Minutes of August 16, 1988, as presented.

Commr. Smoak and Commr. Windram were not present for the vote. On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of August 25, 1988, as corrected.

CLERK'S AGENDA

BONDS - CONTRACTOR

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

New

116-89 Robert L. Barth d/b/a Barth's Welding & Contruction

Company

536-89 Ronald I. Brown d/b/a Semco Electric, Inc.

1063-89 John S. Miller d/b/a B & J Aluminum

4052-89 Robert W. Ordazzo (Roofing)

Cancellations

4334-88 Waldron Refrigeration, Heating & Air Conditioning

ACCOUNTS ALLOWED/INDIGENTS

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the payment of Warrant #84261 through Warrant #84797, for the following accounts:

Landfills County Transportation Trust

Countywide Library General Revenue

Mosquito Control Section 8

Eustis Section 8 Aquatic Weed

Road Impact Fine & Forfeiture

Bassville Fire District Capital Outlay

South Lake Fire District Mt. Plymouth Fire District

Pasco Fire District Countywide Fire District

Private Industry Council Northwest Fire District

Paisley Fire District Revenue Sharing

Northeast Hospital Northeast Ambulance

Northwest Ambulance Special Assessments

Law Enforcement Trust Fund Emergency 911 Fund

Included in the motion was approval for payment to the following indigents:

City of Leesburg for Alan T. Privalle/$50/District #l

Tom Grizzard Realty for Alan T. Privalle/$50/District #I

Sumter Electric Co. for Stan Henderson/$50/District #3

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

CLERK/COURTHOUSE

On a motion by Commr. Carson, seconded by Commr. Bailey and carried, the Board approved the updated agreement with Myers Vending Company, due to some of the vending machines having been removed.

Commr. Smoak was not present for the vote.

BONDS/FINANCE/RESOLUTIONS

On a motion by Commr. Windram, seconded by Commr. Carson and carried, the Board approved and authorized the proper signatures on the two resolutions acknowledging the Florida National Bank, as the County's agent of the Construction Fund and the Reserve Account associated with the recent Sales Tax issue.

Commr. Smoak was not present for the vote.

ACCOUNTS ALLOWED/CONTRACTS LEASES & AGREEMENTS

SHERIFF'S DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Bailey and carried, the Board approved to renew, for one year, the lease of office space for Special Investigations located at 214 West Main Street, Tavares, at $511.99 per month. (An annual increase of $320.28).

Commr. Smoak was not present for the vote.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/TAX COLLECTOR

On a motion by Commr. Carson, seconded by Commr. Bailey and carried, the Board approved to renew, for two years, the lease of office space, for the Eustis Tag Agency located at 2812 South Bay Street, Eustis, at $947.04 per month. (No increase in the rent or other charges).

Commr. Smoak was not present for the vote.

ACCOUNTS ALLOWED/COURTS-JUDGES

On a motion by Commr. Windram, seconded by Commr. Carson and carried, the Board approved and authorized the proper signatures on the following Satisfaction of Judgments:

Taylor, Juvenile, and Linda Taylor, Parent, $150.00

Linda M. Taylor and Willie Kenneth Taylor, Parents,

$l50.00

Linda Taylor, Parent, $200.00.

Durden, Amended to Correct OR Book 0977 Page 1620,

Satisfaction of Judgment on Durden, Bruce, $250.00

Commr. Smoak was not present for the vote.

ACCOUNTS ALLOWED/ASSESSMENTS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried, the Board approved and authorized the proper signatures on the following Satisfaction of Assessment Liens:

Forty Eight Estates

L. R. Busk $ 514.87

Hilltop Subdivision

Harry Eldridge $ 915.20

Ravenswood Park Subdivision

John & Rebecca B. Stoer, Jr. $ 190.07

Florida Fruitland Park Tropical Homesites

Leland E. Van Alstine $ 870.17

Western Shores Subdivision

Eugene D. & Betty D. Olsen $ 812.63

Eugene D. & Betty D. Olsen 256.42

Eugene D. & Betty D. Olsen 482.74

Highland Lakes Subdivision

Marshall H. Gaard $ 692.81

Marshall H. Gaard 692.81

Marshall H. Gaard 704.48

Terrace Imperial-Mobile

Howard E. Broestl $ 255.54

Joleen Estates Subdivision

Nancy C. Neff $ 835.19

Lake View Heights Second Addition

Peter K. & Dee J. Summerlin $ 774.40

Peter K. & Dee J. Summerlin 1,064.36

Mt. Plymouth

Mt. Plymouth Enterprises $11,478.60

James Purvis 455.50

Dean Rinderer 442.75

James R. Smith 455.50

James R. Smith 455.50

Pauline Kock Toombs 455.50

Rebecca S. Price 455.50

Robert W. & Ann B. Dunn 455.50

Robert W. & Ann B. Dunn 455.50

Arthur Mariani and/or Claire Mariani 455.50

Arthur Mariani and/or Claire Mariani 455.50

R. E. Streckenback 456.41

Cecil B. Goolsby & Hershel Windell Brock 464.76

H. M. Lerch 423.62

H. M. Lerch 423.62

Carl & Evelyn Chapo 1,491.98

Maurice J. Bulled 464.21

Maurice J. Bulled 460.66

Helen S. Carroll 456.00

Orville J. Clark 547.50

Helen S. Carroll 173.55

Marshall H. Gaard 455.50

Orville J. Clark 547.50

Lauri A. Alexander 455.50

Lauri A. Alexander 455.50

Arthur Horner 423.62

Arthur Horner 423.62

Robert J. Dersch 455.50

Arthur Horner 423.62

E. J. Miller 455.50

Lee T. & Harriet K. Salmon 592.15

Robert J. Dersch 456.41

E. J. Miller 455.50

Albert E. Altizer 454.59

Albert E. Altizer 592.15

Walter Wilson 455.50

Walter Wilson 455.50

Chester C. & Carol G. Jasper 455.50

Chester C. & Carol G. Jasper 455.50

Chester C. & Carol G. Jasper 455.50

David Brooks 548.60

David Brooks 547.50

David Brooks 547.50

Fern A. Atkin 778.91

Fern A. Atkin 360.76

Fern A. Atkin 217.73

Cornelius Fletcher 455.50

Mae Tams 455.50

Arthur C. Olsen 455.50

Arthur C. Olsen 455.50

Leo Longo 455.50

Leo Longo 455.50

Leo Longo 455.50

Leo Longo 455.50

Charles Bassett 455.50

Charles Bassett 455.50

Charles Bassett 455.50

Charles R. Huber, et al 455.50

David M. Daugherty 455.50

Eugene R. Rosner 534.36

Eugene R. Rosner 534.36

Eugene R. Rosner 454.59

Eugene R. Rosner 454.59

Darrell Drury 455.50

Darrell Drury 788.47

A. L. Brindell 455.50

A. L. Brindell 455.50

Albert Brindell 455.50

Albert Brindell 1,026.70

Albert Brindell 455.50

Robert L. Lundberg 554.07

Esther W. Rice 774.35

Robert L. Lundberg 278.13

Gustaf W. Anderson 455.50

Gustaf W. Anderson 601.26

Ruth J. Mason 547.50

Melvin L. Cross 455.50

Charles W. Cunningham 547.50

Clyde Sheets 455.50

Charles W. Cunningham 547.50

Marvin H. Hicks, et al 455.50

Marvin H. Hicks, et al 455.50

Lester H. Morton 547.50

Willie L. Cooper 455.50

Willie L. Cooper 455.50

Ronald N. Hahn 1,275.40

Ronald N. Hahn 547.50

Ronald N. Hahn 547.50

Carolyn Berowski 511.37

Elizabeth Arrowsmith 455.50

Marion A. Hagstrom 547.50

Thomas R. Blown 313.38

G. N. Radcliffe, et al 865.91

G. N. Radcliffe, et al 455.50

Marion A. Hagstrom 547.50

Marion A. Hagstrom 547.50

Marion A. Hagstrom 547.50

Marion A. Hagstrom 547.50

Marion A. Hagstrom 547.50

David A. & Karen Hall 455.50

Mt. Plymouth Enterprise 455.50

Mt. Plymouth Enterprise 455.50

Mt. Plymouth Enterprise 455.50

Charles D. Porter 1,366.50

Mt. Plymouth Enterprises 7,834.60

Edward T. Howard 456.41

John Williams 455.50

Frances Bennett 547.50

Frances Bennett 547.50

John J. Sylvester 455.50

John J. Sylvester 455.50

John J. Sylvester 455.50

Katty Sue Rumford 1,460.12

John Webb 455.50

Richard T. & Doris Collins 901.73

John Webb 455.50

Harry E. Serfass 455.50

Jack L. Roberts 2,452.0l

Harry E. Serfass 455.50

Jack L. Roberts 455.50

Sarah W. Roberts & Lucy V. Mosley 848.25

Sarah W. Roberts & Lucy V. Mosley 423.62

Earl Coell 774.35

Robert D. Anderson & Barbara A. 834.39

Robert D. Anderson & Barbara A. 556.26

Rodney T. Hudspeth & Sheena 455.95

Robert W. Olsen & Norman Stanley Olsen 743.51

Silvinus J. Steinke 547.50

Silvinus J. Steinke 547.50

Silvinus J. Steinke 455.50

Silvinus J. Steinke 450.95

Douglas Kerr, Sr. 455.50

Douglas Kerr, Sr. 423.62

Tatsuo Rushing 1,512.26

Billy Wayne Charlton & Cindy 645.57

Perry J. Lee 556.26

Joyce S. Goding 565.50

Joyce S. Goding 565.50

Carrie Lois Shaw & Donald L. 455.50

Carrie Lois Shaw & Donald L. 455.50

Grady Whittenburg 547.50

Grady Whittenburg 547.50

Grady Whittenburg 547.50

Grady Whittenburg 547.50

Grady Whittenburg 821.25

Grady Whittenburg 821.25

Grady Whittenburg 534.36

Floribunda Trust 547.50

Floribunda Trust 547.50

Floribunda Trust 455.50

Robert H. Miller & Maguerite Miller 1,490.51

(Miscellaneous parcel)

Eva M. Felder 1,398.22

(Miscellaneous parcel)

Oscar Harold & Billi Neal 1,302.00

(Miscellaneous parcel)

Commr. Smoak was not present for the vote.

PRIVATE INDUSTRY COUNCIL/REPORTS/WATER AUTHORITY

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board acknowledged receipt of the Cumulative Participant Activity Reports, for Lake County, from July 1, 1988, to July 31, 1988, from the Volusia, Lake, Flagler Private Industry Council, Inc.

Included in the motion was the Board's acknowledgement of the Annual Aquatic Plant Control Activities Report for FY 1986-87, Lake County Water Authority.

COUNTY ADMINISTRATOR'S AGENDA

ACCOUNTS ALLOWED/AGRICULTURAL CENTER

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to reimburse the registration fee for four delegates, to attend the Florida 4H Congress, in Gainesville, July 25-29, 1988, at a total cost of $300.00.

Included in the motion was approval of the request to reimburse Russ Swanson and Terry Cournyea, for partial expenses to attend the National County Agricultural Agents Association Meeting, in Charlotte, North Carolina, August 14-18, 1988, at a total cost of $500.00.

ACCOUNTS ALLOWED/FAIRGROUNDS/PUBLIC WORKS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to award the fabrication and installation of a 12' x 24' sign, for the Lake County Central Park at Highways 19 and 27 and the turnpike, to Mid-Florida Signs, at an approximate cost of $1,920.00.

CONTRACTS, LEASES & AGREEMENTS/COMMUNICATIONS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to declare the cable franchise agreement, with R. E. Oswalt, null and void.

COMMITTEES/RESOLUTIONS

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request from Glenn C. Burhans, President of the Lake County Historical Society, for a resolution of appreciation for Wilbert J. Steele, for the use of his home to re-introduce the reprint of "History of Lake County, Florida". Mr. Steele's home is where Prof. William Kennedy wrote the original "History of Lake County".

ACCOUNTS ALLOWED/E-911

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to purchase one UPS System from Veytec, Inc., at a cost of $18,425.00.

ACCOUNTS ALLOWED/E-911

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for Brant Brothers, Inc., to install access flooring in the computer areas, for the E-911 Department, on the first floor of the Courthouse, at a cost of $4,200.00.

ACCOUNTS ALLOWED/MOSQUITO-AQUATIC PLANT MANAGEMENT

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request from Mosquito/Aquatic Plant Management, to purchase a London Fog cold aerosol generator, at a cost of $5,395.00.

MOSQUITO-AQUATIC PLANT MANAGEMENT/RESOLUTIONS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Mosquito/Aquatic Plant Management for signatures on the Resolution assigning Eric Cotsenmoyer, as the Project Administrator of the State Aquatic Plant Control Funds, 16C-50 Program FY 1988-89.

CONTRACTS, LEASES & AGREEMENTS/MOSQUITO-AQUATIC PLANT

MANAGEMENT/WATER AUTHORITY

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Mosquito/Aquatic Plant Management for signatures on an Interlocal Agreement between Lake County and the Water Authority, for the Aquatic Plant Management Program.

CONTRACTS, LEASES & AGREEMENTS/MOSQUITO-AQUATIC PLANT

MANAGEMENT/SOIL CONSERVATION

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for signatures on the Amended Agreement, with the Lake Soil and Water Conservation District, for the Agricultural Best Management Practice Monitoring Project.

ACCOUNTS ALLOWED/POLLUTION CONTROL/SOIL CONSERVATION

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Pollution Control to purchase one Spectrophotometer, at a cost of $4,500.00, to be reimbursed by the Soil and Water Conservation District.

ACCOUNTS ALLOWED/FIRE PROTECTION

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request from the Bassville and Northwest Fire Districts, to purchase truck bodies for their recently purchased trucks, at a total estimated cost of $6,200.00.

ACCOUNTS ALLOWED/FIRE PROTECTION

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Pasco Fire District, to reimburse Judy Crippen, in the amount of $264.00, upon successful completion of the Private Fire and Detection, Building Construction, Arson Investigation, and Fire Apparatus Practice courses, at Lake Sumter Community College.

BIDS/FIRE PROTECTION

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request to go out for bid, to build proposed fire stations located in the Mount Plymouth Fire District (Highway 44-A), and the Northwest Fire District (Pennbrooke).

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

HEALTH DEPARTMENT/MUNICIPALITIES

Ms. Catherine Aylor, Lake County Health Department, appeared before the Board to discuss the request for signatures on the agreement with John Dickerson, Architect, for site planning and building modifications to the Umatilla Health Facility, in an amount not to exceed $15,600.00. Ms. Aylor informed the Board that the approximate cost to construct this building would be $300,000.00.

Mr. Michael C. Willett, County Administrator, stated that this facility was originally approved to be placed at the Umatilla landfill site. He informed the Board that another piece of property has been located on northeast 450, near Umatilla.

Ms. Aylor stated that Mr. Dickerson has completed the plans for the new facility, but no other payments have been made to Mr. Dickerson, for additional services.

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved to postpone action on the request for signatures on the agreement with John Dickerson, Architect, for site planning and building modifications to the UmatilLa Health Facility, in an amount not to exceed $15,600.00, as recommended by Commr. Burhans.

HEALTH DEPARTMENT/MUNICIPALITIES

Commr. Burhans discussed the re-location of the new Umatilla Public Health Facility, stating that State funds are available for the purchase of a site on the east side of Umatilla on State Road 450.

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request from Dr. Atkinson to re-locate the new Uamtilla Public Health Facility, as recommended by Commr. Burhans, and as indicated above.

ACCOUNTS ALLOWED/CONTRACTS LEASES & AGREEMENTS

HEALTH DEPARTMENT

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request for signatures on the three year lease renewal, with Frederick Belton, for space at 124 Sinclair Avenue, Tavares, for use by the Public Health Unit - WIC, at the initial monthly rate of $810.00, increasing 8.5 percent per year.

ACCOUNTS ALLOWED/HEALTH DEPARTMENT

On a motion by Commr. Bailey, seconded by Commr. Carson andcarried unanimously, the Board approved the request to purchase one IBM Wheelwritec 6 Typewriter, at a cost of $788.00, for a new position.

ACCOUNTS ALLOWED/PUBLIC HEALTH

On a motion by Commr. Railey, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Medical Examiner to purchase from American Scientific, two Stryker Saws, at a cost of $532.00.

CONTROL/BIDS ACCOUNTS ALLOWED/ANIMAL

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss the request from Animal Control, to purchase a 1988 Chevrolet pick-up truck, at an approximate cost of $11,250.00. Mr. Strickland informed the Board that the State contract had expired.

The Board members stated concern with the price and suggested waiting a month for the new State bid.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board denied the request for the purchase of the 1988 Chevrolet pick-up truck, at an approximate cost of $11,250.00, and directed Mr. Strickland to seek other bids, for a more servicable truck for less money.

ACCOUNTS ALLOWED/GRANTS/PUBLIC HEALTH

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss the 1988 Emergency Medical Services Grant award, in the amount of $65,562.00.

Mr. Bill Compton, Director of Emergency Medical Services, appeared before the Board to discuss the request to budget the funds for specific equipment, including one ambulance, in the amount of $46,000.00.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Emergency Medical Services, to budget the 1988 EMS Award Grant of $65,562.00, in the following manner, subject to the information provided to the Board from Mr. Compton:

1. Type I F-350 Diesel Ambulance 1 @ $46,000

2. Portable cardiac monitor/defibrillator

with accessories, Physio-Control

Lifepak 5 or equivalent 2 @ 7,000

3. Thumper CPR equipment 5,000

TOTAL $65,000

MUNICIPALITIES/PUBLIC HEALTH

Mr. Bill Compton, Director of Emergency Medical Services, appeared before the Board to discuss the transfer of BLS vehicles, from Astatula, Paisley, and Mt. Plymouth, from the ambulance operation to Fire-Rescue.

Commr. Bailey made a motion, which was seconded by Commr. Carson, to approve the transfers.

Mrs. Kathy McDonald, Assistant County Administrator, stated that a letter was issued from Mr. Chuck Sowers, Fire Coordinator, indicating that the County did not want to take over the vehicle in Mt. Plymouth, due to the insurance and maintenance costs involved.

Commr. Bailey amended his motion to approve the transfer of BLS vehicles, from Astatula and Paisley, from ambulance operation to Fire-Rescue, with the County to look into the situation in Mt. Plymouth.

At this time, the Chairman called for a vote on the motion, which was approved unanimously.

PUBLIC HEALTH

Mr. Lonnie Strickland, Director of Health and General Services, and Mr. Bill Compton, Director of Emergency Medical Services, appeared before the Board to discuss the request that 12 hours of continuing education credits yearly be mandated for first responder fire personnel.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request from EMS, for the 12 hours of continuing education credits yearly, to be mandated for first responder fire personnel.

ACCOUNTS ALLOWED/PERSONNEL

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request to purchase one IBM Wheelwriter 3 Typewriter, at an approximate cost of $600.00, for a new position.

ACCOUNTS ALLOWED/PLANNING AND DEVELOPMENT

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the request for Rudy Marchese to attend the State American Planning Association Conference, in St. Petersburg Beach, on October 26-28, 1988, at an approximate cost of $186.00.

COUNTY EMPLOYEES/PLANNING AND DEVELOPMENT

Commr. Carson announced that he would like to publicly extend appreciation to Mr. Rudy Marchese, Director of Planning and Development, for the efficient and effective way, in which he personally handled the problems, which occurred within the addressing system.

ACCOUNTS ALLOWED/PLANNING AND DEVELOPMENT

On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board approved the request to purchase a recording/transcribing system, at an approximate cost of $2,680.00, for the Planning and Development Department.

Commr. Smoak was not present for the vote.

ACCOUNTS ALLOWED/PLANNING AND DEVELOPMENT/SUBDIVISIONS

On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board approved the request to release an Irrevocable Letter of Credit, for maintenance, in the amount of $15,424.00, for Highland Point Subdivision.

Commr. Smoak was not present for the vote.

ACCOUNTS ALLOWED/PLANNING AND DEVELOPMENT/RESOLUTIONS

ROADS-COUNTY AND STATE/SUBDIVISIONS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried, the Board approved the request to release an Irrevocable Letter of Credit, in the amount of $26,183.39, for performance on Jackson's River Country Estates; accept an Irrevocable Letter of Credit, in the amount of $2,380.00, for maintenance; and accept the following road into the County maintenance system: Jackson's River Road (5-7825).

Commr. Smoak was not present for the vote.

ACCOUNTS ALLOWED/PLANNING AND DEVELOPMENT/RESOLUTIONS

ROADS-COUNTY AND STATE/SUBDIVISIONS

On a motion by Commr. Bailey, seconded by Commr. Windram and carried, the Board approved the request to release an Irrevocable Letter of Credit, in the amount of $220,581.90, for performance on Raintree Harbor Subdivision; accept an Irrevocable Letter of Credit, in the amount of $10,813.80, for maintenance: and accept the following roads into the County maintenance system: Raintree Boulevard (5-6652) and Lake Yale Drive (5-6652A).

Commr. Smoak was not present for the vote.

BONDS-MOBILE HOME

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the requests for the following to live in a mobile home, on the same pieces of property on which their conventional dwelling units are being built, subject to the proper bonds being posted, and with the understanding that the mobile homes will be removed upon the completion of the conventional dwelling units, or upon the request of the Board of County Commissioners:

Richard Eisinger - Groveland Area - District #2

Robert Heinemann - Clermont Area - District #3

BONDS - MOBILE HOME

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for the cancellation of the following mobile home bonds:

Ruth Bustanoby - Lady Lake Area - District #1

Chris Cubberly - Orlando Hills - District #5

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for the following payments to Asphalt Pavers, Inc:

First and final payment, Change Order #1, Project #14-88, C-44A: $15,996.75;



First and final payment, Change Order #1, Project #13-88, C-445 & C- 445A: $4,000.00;



Partial payment, Project #7-88, Eaglesnest Road: $98,677.18

MUNICIPALITIES/PUBLIC WORKS

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request, from the Town of Astatula, for 1,000 yards of clay, from the County clay pit, for use on the Town's streets.

RIGHT-OF-WAYS, ROADS & EASEMENTS/SUBDIVISIONS

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request to accept the following drainage easement:

A. M. Collins, Jr. - Astor Forest Campsites

DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS/ROADS-COUNTY & STATE

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

Little Green Acres, Inc.,

a Florida Corporation #2-2923 Punkin Center Rd.

Alco L./Sheila Warren #3-2439 S. Buckhill Road

Mary Ruth Hartung Green #3-2439 S. Buckhill Road

Kenneth N. Smith #2-1615 Bible Camp Road

Hubert/Marlene Clester #2-3215 Hollandel Road

Gershon P./Janis Bosanquet #l-6304 Spring Lake Rd.

Alexandra Jasmanki #2-4303 S. Whitney Road

Charlie Johnson, Bldr., Inc. #l-5440 Layton Street

Charlie Johnson, Bldr., Inc. #l-5440 Layton Street

Orange Blossom Hills, Inc.,

a Florida Corporation #l-7807 Griffin Avenue

Han Seop Yoo a/k/a Hanseop

Yoo & Keun Ah Yoo #l-6903 Landfill Road

Hanseop Yoo a/k/a Han Seop

Yoo & Keum Ah Yoo #l-6903 Landfill Road

RIGHT-OF-WAYS, ROADS & EASEMENTS/ROADS-COUNTY & STATE

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to accept the following non-exclusive easement:

Ben J./Debbie G. Pankratz #3-2441 Howey Cross Road

ACCOUNTS ALLOWED/COUNTY ADMINISTRATOR/JAILS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Mrs. Kathy McDonald, Assistant County Administrator, for Jammal & Associates, Inc., to perform soil work on the Criminal Justice/Jail Facility site.

COUNTY ADMINISTRATOR/JAILS

Mrs. Kathy McDonald, Assistant County Administrator, informed the Board that, due to the resignation of Mr. Bob Messmer, Hellbuth, Obata & Kassabuam, Inc. (HOK), Mr. James R. Kessler, HOK, (Washington D.C. Office), will be coming Thursday to talk with her, regarding the Criminal Justice/Jail Facility. Mrs. McDonald stated that Mr. Kessler will be assigned to the Lake County project, and extended an invitation to the Commissioners to meet with him.

Discussion occurred regarding the shift in the HOK staff, and the need to assign someone with the same high credentials, as exibited by Mr. Messmer.

Commr. Burhans discussed the letter, which he wrote to Mr. Gyo Obata, Chairman of the Board of Hellmuth, Obata & Kassabuam, Inc., indicating the order of communication with the County, to be followed by the architectural firm, regarding the new jail facility.

The Chairman is to work with Mrs. McDonald on the project, to insure that communication with the Board of County Commissioners, as overall Project Manager, is smooth, and the architects have proper direction in their attempts to design and complete this project.

Commr. Smoak discussed the magnitude of the jail project, as presented by HOK, in relation to the budgetary approval of 34.5 million dollars, which would be accrued from the one-cent optional sales tax, of which was bondable, in 1987. Commr. Smoak stated that he felt the numbers, which will be reflected for this incredibly large facility, will far exceed the expectations of the public and the Board of County Commissioners. He stressed the need for the Board to communicate to HOK and the construction managers, the intent of the Board to continue to construct within the budgetary constraint approved by the Board.

Commr. Smoak discussed the funds, which have already been utilized for land acquisition and architectural fees, and stated that the Board is in need of the figures, as to what has been expended, and projections, as to what will be expended in the near future.

Mrs. Kathy McDonald, Assistant County Administrator, informed the Board that the estimates, being prepared by Barton Malow, will include their fees, and stated that HOK is acutely aware of the 34.5 million dollar restriction. She stated that, it was the feeling from both HOK and Barton Malow, that the proposed facility cannot be built and finished for the approved budget amount. Mrs. McDonald stated that they are going by the space program approved by the Board, which allows for unfinished space, and feels that the estimate will not be that far off from the budget, but that there will be changes made, in relation to unfinished space.

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved to communicate to the construction managers, and to HOK, the Board's reaffirmed position on budgetary constraints representing the 34.5 million dollar number, which the Board has approved, and requested the staff to assimilate, for the Board of County Commissioners, information including expenses incurred to this point, and a total projection of costs, including all costs, after receiving from HOK and Barton Malow, the build-out costs of the proposal of two weeks ago.

Commr. Smoak stressed the need for the understanding of the communication to be used by the County and HOK and the construction managers, with the intent of the motion being that the control is being placed in the hands of the Board of County Commissioners, as opposed to the Building Committee, or the Jail Task Force Committee.

RECESS & REASSEMBLY

At 10:30 a.m., the Chairman announced that the Board would take a five minute recess.

BUDGETS/LANDFILLS/PUBLIC WORKS

Mr. Jim Stivender, Assistant Director of Public Works, appeared before the Board to discuss the proposed Public Works County Transportation Trust Fund and Landfill Enterprise Fund budget, for FY 1988-1989. At this time, he reviewed each synopsis of the proposed budgets.

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the above proposed budgets, as presented by Mr. Stivender, to be adopted as part of the County budget for consideration.

BUDGETS/FIRE PROTECTION

Mr. Chuck Sowers, Fire Coordinator, appeared before the Board to discuss the proposed budget for Fire Protection and the Fire Department Fee Schedule. At this time, he discussed the budget breakdowns by district, and presented an update on the upgrading of fire protection within Lake County.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the above proposed budget, as presented by Chief Sowers, to be adopted as part of the County budget for consideration.

POLLUTION CONTROL/ZONING

Commr . Bailey discussed problems, which have arisen at Bronson's egg farm, in Mascotte, involving the odors and flies, and stated his concerns with the owner's intent to expand his business. He stated that he would like to see Mr. Stewart Bronson comply with the requirements of his Conditional Use Permit, before he is allowed to expand.

Mr. Richard Roof, Director of Pollution Control, appeared before the Board to discuss the origination of the Bronson's CUP, and their first building permits being issued in December, 1987, and stated that they project to cage houses for 600,000 birds. At the present, they have approximately 3-400,000 birds, with two cage houses to be built. Mr. Roof stated that 18 complaints have been reported throughout the year, which have all been investigated. Mr. Roof stated that meetings have been scheduled with the owners, and he has personally seen the fly situation, which seems to be excessive. He further discussed the odor problem. Mr. Roof stated that three poultry experts, from Gainesville, performed an onsite investigation of the business, which revealed ongoing problems with ordor and flies. Mr. Roof suggested implementing the management practices of the original CUP, as often as possible, but did inform the Board that the permit refers to a dry manure system.

Commr. Smoak stated that, if the management practices are ineffective, the Board might consider looking at this situation, from a Code Enforcement standpoint.

Mr. Roof stated that he would like to send the CUP back to David Clapsaddle, Director of Development Coordination, with suggested amendments, for the management practices.

Mr. Michael C. Willett, County Administrator, suggested that the CUP be brought up for review, or request that the applicant adopt the suggested management practices, or the staff would direct the problems to the Code Enforcement Board.

Mr. Chris Ford, County Attorney suggested that the staff follow the provision, that they have to have the management plan, and, if the applicant has not adopted the plan, nothing further will take place. The permit can be sent back through staff for additional sections, in order to enforce the CUP. Mr. Ford further discussed the possibility of withdrawing the CUP, but also warned of the possibility of a lawsuit.

Commr. Smoak stated that the institution of monthly reports has assisted in the control of the problems, but this CUP was never intended to be for a dry system.

Commr. Smoak stated that there is a need for a standardized set of rules and regulations, for these types of operations, to be implemented, and that the owners be notified of the serious problems, and be requested to take a specific course of action to correct the problems, and for the County to seek advice from counsel, in order to get to the legally enforcable position that the County is now in with Mr. Ward, who voluntarily agreed to accept amended conditions in his permit, in order to continue operating his facility.

Discussion occurred regarding the County developing a management plan: notifying the owners that an occupancy permit will not be issued, if the problems continue; and whether or not the County would want the CUP to come back to the Board for review.

On a motion by Commr. Smoak, seconded by Commmr. Bailey and carried unanimously, the Board of County Commissioners officially go on record supporting Commr. Bailey's concerns, and that the Board take the following action: that they notify Mr. Stewart Bronson, the owner of the property, of the problems which exist out there, and that have been investigated by Mr. Roof and his department; secondly, that he be requested to participate in a discussion with Mr. Roof and Commr. Bailey concerning the CUP, which was issued, including those areas of discrepancy; thirdly, that the staff develop amendments to the CUP, to present to the Planning and Zoning Commission; fourth, that Mr. Bronson be notified that a Certificate of Occupancy (CO) will be unacceptable on any future expansion, until the current problems are resolved: and five, that a standard CUP set of regulations, including approval by the Institute of Food and Agricultural Science (IFAS), be developed for this and all future poultry house, dry system production facilities.

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS/ORDINANCES

Mr. Ed Sledge, Piper & Marbury, appeared before the Board to discuss finalizing the NRG/Resource Recovery contract. He stated that the draft contract presented to the Board will be signed and sent to the banks, as the Letter of Credit. Each contract will be marked "DRAFT". Mr. Sledge stated that the changes, within the contract, incorporate the agreement on the outside waste, and the limitation of the County, for 130,000 tons, and the requirement for Ogden Martin to pay $800,000.00, should the outside waste not be supplied. Mr. Sledge further discussed the conditions of the contract, with the major critical items being the enactment of the Ordinances, and interlocal agreements with the cities.

Commr. Smoak requested that the County's experts provide the Board with specific language, as to the ordinances, with the explanation of the applicability of those ordinances in different scenarios, and also the specific changes, in contractual form, in terms of the County. He further suggested that the public be notified that the Board of County Commissioners is about to take formal action of approving the contract, and to schedule a time for review of the proposed ordinances and contract in detail, prior to the approval.

Mr. Sledge stressed the need for the enactment of the ordinances, in order to obtain the tax benefits, with Ogden Martin guaranteeing a 28 month construction schedule. Mr. Sledge stated that he would have the requested information to the Board by Friday of this week.

The Board scheduled a Special Meeting on September 12, 1988, Monday, at 2:00 p.m., to review the synopsis of the entire contract, and the ordinances, to be submitted by Mr. Sledge.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved to advertise the Ordinances, in relation to the waste flow and service fee, for September 27, 1988, at 1:00 p.m. Mr. Ford stated that the unsigned contracts, marked "DRAFT", will be going out to the banks and cities.

RECESS & REASSEMBLY

At 12:20 p.m., the Chairman announced that the Board would recess until 4:30 p.m.

APPOINTMENTS-RESIGNATIONS/LIBRARIES

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the resignation of Louise Meckstroth, from the Lake County Library Board, and directed a letter of appreciation.

APPOINTMENTS-RESIGNATIONS/FIRE PROTECTION

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the resignation of Kathy McDonald from the Mt. Plymouth Fire District Advisory Board, and directed a letter of appreciation.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Windram, seconded by Commr. Carson and carried, the Board approved the appointment of Dr. Carl Andersen, to the Lake County Industrial Development Authority, to fill a vacancy.

Commr. Bailey was not present for the vote.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests for monies, from Noel E. Griffin, Jr., Sheriff,:

1. The amount of $250.00, for In-Service Training School, pursuant to Florida Statute 943.25 (8) A, Lake County Ordinance 1982-1, (Civil and Vicarious Liability Update Seminar on Sexual Harrassment and Drug Testing);



2. The amount of $1,701.35, for In-Service Training School, pursuant to Florida Statute 943.25 (8) A, Lake County Ordinance 1982-1, (FBI National Academy Retraining Session);

3. The amount of $882.15, for forfeiture reimbursement for attorney's fees, newspaper advertising and miscellaneous forfeiture expenses, and the purchase of one Panasonic recorder, pursuant to the Florida Contraband Forfeiture Act;



4. The amount of $2,061.06, for forfeiture reimbursement for attorney's fees, filing fees, newspaper advertising and other miscellaneous forfeiture expenses, pursuant to the Florida Contraband Forfeiture Act;



5. The amount of $11,550.00, for the purchase of two wireless body transmission systems, pursuant to the Florida Contraband Forfeiture Act.



LANDFILLS

Mr. Chris Ford, County Attorney, recommended that each member of the Board contact Mr. Tom Smith, Hillsborough County, or Mr. Rick Selzer, Bay County, concerning the Resource Recovery projects within each of their counties, in order to obtain helpful information regarding the financial and service fee aspects of the projects.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:50 p.m.

GLENN C. BURHANS, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMA/9-9-88

A SPECIAL MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 6, 1988

The Lake County Board of County Commissioners met in special session on Tuesday, September 6, 1988, at 5:05 p.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Glenn C. Burhans, Chairman; Thomas J. Windram; Claude E. Smoak, Jr.; James R. Carson, Jr.: and Don Bailey. Others present were: Christopher C. Ford, County Attorney: James C. Watkins, Clerk; Michael C. Willett, County Administrator; Robert K. McKee, Chief Deputy Clerk: and Toni M. Austin, Deputy Clerk.

BUDGETS

It was noted that the proper proof of publication was on hand for the 5:05 p.m. public hearing on the proposed County budget.

Federal Revenue Sharing

No one present wished to discuss the proposed Federal Revenue Sharing budget.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board tentatively adopted the proposed Federal Revenue Sharing budget, in the amount of $532,750.00.

Countywide Millage Rate

The Chairman announced that the proposed Countywide Millaqe Rate is 3.800, with a Rollback Percent of 15.9.

Mr. Jim Wilkes, a resident of David Court in Tavares, appeared before the Board to discuss the 16% increase in the County millaqe.

At this time, he discussed his tax notice with the Board. Mr. Wilkes requested that the Board consider the people on fixed incomes, who will be facing future problems.

Mr. Jack Carson, Groveland Farms, appeared before the Board to discuss the denial of his Homestead Exemption.

Commr. Carson informed Mr. Carson that he would need to consult with the Property Appraiser regarding his Homestead Exemption.

Mr. Bill Otte, Fruitland Park, appeared before the Board to discuss the increase in his property taxes, and stated that his property is in a subdivision, and it only has a well on it.

Commr. Carson instructed Mr. Otte to also consult with the Property Appraiser.

Mr. Mike Flanagan, Leesburg, appeared before the Board and questioned the independent taxing districts, and the 20% increase in his taxes, over a two year period.

Mr. Joel Hitcox, Eustis, appeared before the Board to question the final date for voicing his opinion, on the County budget, and discussed the 35 million dollar Criminal Justice/Jail Facility.

Mr. Andrew Leafroid, Leesburg, appeared before the Board to discuss property, which he owns in the hospital district. He stated that the property is hard-pressed, and discussed government subsidy and housing programs, and the construction of Mt. Plymouth Village.

Commr. Windram made a motion, which was seconded by Commr. Carson, to approve the Countywide Millage Rate of 3.800, with a Rollback Percent of 15.9.

Under discussion, Commr. Smoak questioned the proposal of the Board, for a two percent cut in all County budgets, and requested that the Board of County Commissioners reconsider this request, and to look at the impact of that number, on the ultimate property tax levy, in terms of millage, prior to the final adoption.

It was noted that all County Offices complied with the request, except one.

At this time, the Chairman called for a vote on the motion, which was carried unanimously.

Northeast Hospital Millage Rate

No one present wished to discuss the proposed Northeast Hospital Millage Rate of 1.000, with a Rollback Percent of 3.4.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the Northeast Hospital Millage Rate of 1.000, with a Rollback Percent of 3.4.

Northeast Ambulance Millage Rate

Mr. Michael C. Willett, County Administrator, informed the Board that the increases in the Northeast and Northwest Ambulance Districts were due to additional dispatchers and the new console. No one present wished to discuss the Northeast Ambulance Millage Rate of .223, with a Rollback Percent of 22.5.

Discussion occurred regarding whether or not the increases were legitimate, or if there were contractual changes after-the-fact.

Mr. Willett stated that he was not comfortable with the additional dispatchers, because it is extending the contract, which was after-the-fact, although there is a need for the dispatchers.

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved to place the funds in Contingency, in the Northeast and Northwest Ambulance Districts, and tentatively adopted the Northeast Ambulance Millage Rate of .223, with a Rollback Percent of 22.5, with the staff providing backup information to the Board, between now and the final adoption, for consideration.

Northwest Ambulance Millage Rate

No one present wished to discuss the Northwest Ambulance Millage Rate of .223, with a Rollback Percent of 23.2.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board tentatively adopted the Northwest Ambulance Millage Rate of . 223, with a Rollback Percent of 23.2.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:50 p.m.

GLENN C. BURHANS, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMA/9-14-88