A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FEBRUARY 17, 1981

            The Lake County Board of County Commissioners met in Regular Session on Tuesday, February 17, 1981, at 9:05 A.M., in the Board of County Commissioners' Meeting Room, Courthouse, Tavares, Florida. Commissioners present were: Glenn C. Burhans, Chairman; Claude Smoak; and C. A. "Lex" Deems. Others present were : Mr. James Watkins, Clerk (arrived at 2:30 P.M.); Christopher C. Ford, County Attorney, and Pat Shirah, Deputy Clerk.

            The Invocation was given by Commr. Deems, and the Pledge of Allegiance was led by Commr. Smoak.

            MINUTES

            On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the Minutes of February 10, 1981, as submitted.

            CONTRACTS & LEASES & AGREEMENTS/ANIMAL SHELTER/ACCOUNTS ALLOWED

            On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the Chairman to sign the Agreement between Astatula Volunteer Fire Department and Lake County for fire protection for the Lake County Animal Control Shelter at a yearly rate of $60.00.

            REPORTS

            On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of the Monthly Status Report, Youth Programs, Inc., for the period of December 30, 1980 to January 29, 1981.

            On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases Report for January 26-30, 1981.

            CONTRACTS & LEASES & AGREEMENTS/CETA

            On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized the Chairman to sign the Lake County Comprehensive Manpower Services Comprehensive Employment Training Act Agreements as follows:

Title VIP -City of Mount Dora ..................Oct. 1, 1980 to Sept. 31, 1981

Title VIP - Lake Co. Family Health Council......Oct. 1, 1980 to Sept. 31, 1981

Title VIP - Central Florida Food Bank...........Oct. 1, 1980 to April 30, 1981

Title VIP - Lk. Sumter Comm. Mental Health......Oct. 1, 1980 to Sept. 31, 1981

            CETA

            Commr. Smoak requested Mr. Tom Schley, CETA Director, be placed on the Agenda for March 3, 1981 to give a report to the Board regarding unemployment compensation payments for CETA participants.

            COMMUNICATIONS/SCHOOLS/PETITIONS

            Commr. Burhans read a letter and petition from Andrew and Crow, M.D.'s P.A. regarding their objections to the taxpayers paying for the education of illegal immigrants.

            The Board directed the Clerk to refer the letter to the Lake County School Board.

            AGRICULTURE CENTER/ACCOUNTS ALLOWED/PURCHASING

            On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized the purchase of an A B Dick, Model #590, electronic stencilmaker for the Lake County Agriculture Center at a cost of $1,718.70.

            The motion also included the proper transfer of funds, to make the purchase.

            MOSQUITO CONTROL/ACCOUNTS ALLOWED

            On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request from Philip J. Yoder, Director, Mosquito Control, to travel to Bahia Mar, Fort Lauderdale, Florida, on April 26 thru 30, 1981, for a Florida Anti Mosquito Association Spring Meeting at a estimated cost of $240.00.

            PURCHASING/ACCOUNTS ALLOWED/BIDS/COUNTY VEHICLES

            On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board awarded Bid #019-81 (mid size station wagon) to Golden Triangle Ford, low bidder, at a net price of $5,800.39 which included trade-in of the 1976 Chevette.

            On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board awarded Bid #018-81 (l/2 ton pickup) to Phillips Buick-Pontiac, second low bidder, at a unit price of $6,439.79.

            The low bid #018-81 was under State Contract (Regency Dodge, Jacksonville) on a Dodge Regency.

            Under discussion it was brought out that in the past the Board had not been satisfied with the performance of Dodge vehicles and did not wish to purchase another Dodge vehicle at this time.

            PURCHASING/BIDS/ACCOUNTS ALLOWED

            On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board awarded Bid #020-81 (misc. survey equipment) to G. Lengemann, Altoona, low bidder, in the amount of $3,000.00.

            PURCHASING/BIDS/LANDFILL

            On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request from Norma Showley, Purchasing Agent, to advertise for sealed bids for a diesel powered crawler tractor for the Landfill Department.

            INSURANCE/MEETINGS

            Mr. Ford, County Attorney, informed the Board that the Insurance Committee had met and discussed the addition of insurance benefits for County Employees; however, Gulf Life Insurance Company informed the Committee that the County is now paying 92 percent of the premium which is being spent for benefits at the present time. The Insurance Committee recommended not adding any additional benefits at this time.

            PERSONNEL/ACCOUNTS ALLOWED/INSURANCE

            On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved travel for Sherry Puckett, Assistant Personnel Director, to attend the Second Annual Conference of the Public Risk and Insurance Management Association in Denver, Colorado, May 17-20, 1981, at an estimated cost of $900.00.

            RECESS AND REASSEMBLY

            At 9:55 A.M. the Chairman announced the Board would recess for thirty-five minutes.

            At 10:30 A.M. the Board reconvened.

            LIBRARIES/COMMUNICATIONS/PETITIONS

            Mrs. Eloise Fisher, President of the League of Women Voters, appeared before the Board regarding a countywide library system.

            Mrs. Fisher gave the following reasons why the League of Women Voters feels the Board of County Commissioners should reconvene the Lake County Library Planning Advisory Board:

1.         Libraries are legitimate functions of County Government.

2.         Librarians in the County would be willing to serve on a Committee.

3.         Citizen interest is high in Lake County, but citizens are not informed.

4.         The County now has over 100,000 residents.

5.         Money - raise taxes less than 5/10 of a mill to have enough money to operate.

6.         Request to the Board to reenact the Lake County Library Planning Advisory Board.


            Mrs. Fisher presented a petition to the Board signed by residents of Lake County who are concerned about library services, and feel the issue should be discussed in a countywide forum.

            Mr. Pollard, Planning Coordinator, stated the County Library Study on file with the County would be adequate for the Lake County Library Planning Advisory Board to use if the Board so desired.

            Commr. Smoak stated he was stongly in favor of the concept of a countywide library system but had the following reservations:

1.         The local libraries in Lake County who have been developed by local citizen participation through municipal government do not lose their individual integrity and their individual authority to function as a control board for that individual facility.

 

2.         That the County have an Interlocal Agreement incorporating those libraries which wish to participate so it is an equal beneficial relationship between all of them.

 

3.         Equitable means of financing a countywide system.

            Mrs. Fisher stated the League of Women Voters had suggested the Board be made up of a City Commissioner and an interested citizen from each city, Librarians, etc.

            On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to officially comply with the request of the League of Women Voters and reactivate the Lake County Library Planning Advisory Board to investigate the feasibility, the interest, and derive a potential methodology of creating a Lake County Public Library System, and report to the Board their recommendations.

            CONTRACTS & LEASES & AGREEMENTS/COMMUNICATIONS

            Mr. Harry Gaylord, Attorney, appeared before the Board representing Leesburg Cablevision and advised they have negotiated a sale with Central Florida Cablevision (Daniels & Associates, Inc.).

            Mr. Gaylord requested the Board approve the assignment of the Cablevision franchise to Central Florida Cablevision and extend the now existing contract to May, 1983 at four percent (4%) to the County.

            Mr. Gaylord presented a packet to each Board Member which included a Financial Statement, etc. (see Attachment A).

            Mr. Jimmy Connor, addressed the Board expressing his objections to the requested extension of the franchise contract due to the following reasons:

1.         Lack of performance on the part of Leesburg Cablevision. Promises were made publicly on record that have not been met, such as adding Channel 17 to the service as promised over two (2) years ago.

 

2.         Not extending service to outlying areas as promised.

            Mr. Connor also stated he would like to see a contractual agreement stating the new company will add the services as promised.

            Mr. Wilkes, General Manager, Leesburg Cablevision, addressed the Board regarding Mr. Connor’s objections. Mr. Wilkes stated the equipment to add Channel 17 to the service has been purchased and in his office since September, 1980; however, he was unable to proceed with the addition of this service while in the process of negotiations for sale of the Company. Mr. Wilkes expressed his regrets for not being able to serve Lake County residents with the best service his company (Total T.V.) has to offer.

            Mr. Wilkes stated that the plans for Central Florida Cablevision in the next five (5) years include the following additions to the services already being offered:

1. U.S.A. Network

2. Cable News Network

3. WOR - Sports Channel

4. WTVS - Channel 17

5. Nickolodeon - Children

6. HBO - Home Box Office

7. Rainbow

            Mr. John L. Muraglia, Vice President, Daniels & Associates, Inc. and Mr. Ben Hooks, Vice President, Operations, were available to answer any questions the Board might have, and stated their loan from the bank to purchase the franchise was subject to the Board's approval of the extension of the franchise contract.

            On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board postponed the request until March 3, 1981, to allow the perspective new owners, Central Florida Cablevision, to meet with the cities, etc. and try to work out the problems that now exist.

            The Board also requested Mr. Connor communicate with the County Commission and advise the Board what action was taken by the City Commission of Tavares prior to the March 3, 1981 meeting of the County Commission.

            Mr. Ford, advised the Board against attempting to pin the company down with specific dates for the addition of particular services, etc., but stated it would be advisable to consider requesting the company devote a percentage of their expansion fund to the expansion of their facilities and allow the company to make the marketing decisions.

            PERSONNEL/COUNTY EMPLOYEES/COMMUNICATIONS

            Commr. Burhans stated he had been contacted by Mr. Carl Lee, Area Manager, Department of the Treasury, U.S. Savings Bonds Division, regarding the County making automatic deductions from County employees’ checks, if so desired by the employee, for the purchase of U.S. Savings Bonds.

            Commr. Burhans advised Mr. Timmons, County Personnel Director, had taken a poll among County employees and the response was such that at this time he did not feel it would be feasible.

            Mr. Ford, County Attorney, also stated there might be a problem with putting an additional service on the computer system at this time.

            RECESS AND REASSEMBLY

            At 11:30 A.M. the Chairman announced the Board would recess for lunch, and each Commissioner would lunch individually today. At 2:00 P.M. the Board reconvened for Public Works Agenda.

            PUBLIC WORKS AGENDA

ROAD CLOSING - Part of Fifth Street in Conant Subdivision, Lady Lake-Petition 11252

            Mr. Zeb Osborne, Attorney, representing Mr. Lingle, Mr. Laman and Mr. Majors appeared before the Board requesting the Board postpone this case for fifteen (15) minutes.

ROAD CLOSING - Roads and Lots in Block 11, East Hwy 452, Higley - Petition #253

            The Board recommended this case be postponed for ten (10) minutes.

            ROAD CLOSINGS - PERMISSION TO ADVERTISE

            Mr. H. L. Pringle appeared before the Board requesting permission to advertise that certain roads be closed in Silver Lake Estates, Plat Book 5, Pages 1 and 2, or Plat Book 10, Pages 66-69, as per Petition 11255.

            On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board granted permission to advertise as requested by Mr. Pringle.

ROAD CLOSING - Part of Fifth Street in Conant Subdivision, Lady Lake-Petition #252

            Mr. Zeb Osborne, Attorney, representing Mr. Lingle, Mr. Laman and Mr. Majors appeared before the Board requesting the Board close only the West 16 feet of the road.

            It was noted the proper proof of publication was on hand and had appeared in the December 31, 1980 and January 6, 1981, editions of the Sentinel Star (this petition was postponed from January 20, 1981 Meeting).

            On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the vacation of the west 16 feet of Fifth Street in Conant Subdivision, Lady Lake, for Mr. Lingle, Mr. Laman and Mr. Majors represented by Mr. Zeb Osborne, as per Petition #252 described as follows:

Fifth (5th) Street, lying between the Southerly right-of-way of Griffin Avenue, and the North right-of-way of Joseph Avenue, located in Block 15, Section 8, Township 18 South, Range 24 East, in Conant, situated in Lake County, according to the Plat thereof filed August 13, 1885, Sumter County, Florida.

ROAD CLOSING - Roads and Lots in Block 11, East Hwy 452, Higley - Petition 11253

            Mr. and Mrs. Christman appeared before the Board stating they lived in the area and have no objections to the closing of the roads and lots as advertised.

            It was noted the proper proof of publication was on hand and had appeared in the January 20, 1981 and February 6, 1981, editions of the Sentinel Star.

            On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the vacation of roads and lots in Block 11, East Highway 452, for Amos Tow, as per Petition 11253 described as follows:

Vacate lots 3 and 6, Block 11 east of Highway 452, also lots 2 and 7, Block 11 and the road south of lots 2 and 3 and north of lots 6 and 7, Block 11 east of Highway 452, also the road running north and south between lots 2, 3, 6, and 7, Block 11, also the north l/2 of the road lying south of lots 6 and 7, Block 11 and north of lots 2 and 3, Block 24 east of Highway 452, all located in the Plat of Higley, Section 2, Township 18 South, Range 25 East, Lake County, Florida.

            ROAD CLOSINGS - PERMISSION TO ADVERTISE

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

            On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request to advertise the vacation of Virginia Street located in the Bassville Park area for C. R. Brown, as per Petition 11254.

            ROAD CLOSINGS - PERMISSION TO ADVERTISE

            Mr. Steve Richey, Attorney, representing Valerie Jessee appeared before the Board requesting permission to advertise the closing of part of Humphrey Road in Silver Lake Estates and to answer any questions the Board might have.

            On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request to advertise the vacation of part of Humphrey Road in Silver Lake Estates, Plat Book 10, Page 69 for Valerie Jessee, as per Petition 11256.

            ROAD CLOSINGS - PERMISSION TO ADVERTISE

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

            On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to advertise the vacation of a road in Hutchinson's Addition in Yalaha, for James F. Rumford, as per Petition #257.

            ROAD CLOSINGS - PERMISSION TO ADVERTISE

            Mr. Leonard Budelis, Petitioner, appeared before the Board requesting permission to advertise the vacation of roads and lots in Plat of Higley.

            On a motion by Commr. Smoak, seconded by Commr. Deems, and carried unanimously, the Board approved the request to advertise the vacation of lots 1 and 2 and roads in Block 24, East of Highway 452, plat of Higley, for Leonard Budelis, as per Petition 11258.

            ROADS-COUNTY, STATE

            Mr. George Shuck appeared before the Board requesting Poe Street (#5-5832) be moved at County expense due to the road being located on his property.

            On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board denied the request of Mr. Shuck to move the road at County expense.

            PUBLIC WORKS/BONDS

            On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to release the Performance Bond on Brendonwood Subdivision and execute the bond release form as recommended by the Public Works Department.

            ROADS-COUNTY, STATE

            On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board accepted the following roads in Lenora Park Subdivision into the County Maintenance System and assigned the following road numbers:

            Carolina Avenue 81-4119

            Sealine Drive #l-4117

            Kentucky Avenue #l-4118

            ACCOUNTS ALLOWED/PUBLIC WORKS

            On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved partial payment to Leecon, Inc. in the amount of $118,324.84, on Project #5-80, C- 448A, C-48 and CR #3-2854.

            ROADS-COUNTY, STATE

            On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to repair North Road for Alva Turner at a cost of $60.00 on a one time maintenance agreement.

            ROADS-COUNTY, STATE/SIGNS

            On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to install "No Parking" signs on DR 112-3311 at the end of the street.

            ACCOUNTS ALLOWED/PUBLIC WORKS

            On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the execution of Voucher for Transfer of Funds in the amount of $7,980.00 from the Department of Transportation for Project #1-81, Flashing Beacon, SR 19 and CR 42, Altoona.

            ROADS-COUNTY, STATE

            On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the release of road reservations from DOT contained in the following deed numbers:

            #2610,             all but 40 feet from centerline of St. Andrew Drive (near Sorrento).

 

            # 780,              all but 25 feet from centerline of Beulah Avenue all but 25 feet from centerline of Jeanne Avenue, and all but 30 feet from centerline of Greenway Avenue, all in the City of Tavares. Department has letter of recommendation from the City.

 

            #2569,             all but 33 feet from centerline of SR 46 and all but 30 feet from centerline of Lawrence Street (Sorrento).

 

            #2281  and #995,         all reservations (North of Mascotte).

            ROADS-COUNTY, STATE/BIDS/PUBIC WORKS

            On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board awarded the bid on Countywide Resurfacing Project #2-81, to Macasphalt, Inc., second low bidder, in the amount of $353,010.70.

            Mr. Ben Benedum, Public Works Coordinator, stated the low bidder was Collins Paving Company, Crystal River, with a bid of $260,640.00; however, it was his recommendation that the bid was irregular in nature and incomplete, and recommended the next highest bidder, Macasphalt, Inc.

            MUNICIPALITIES/PUBLIC WORKS

            On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request from the City of Mount Dora for 600 cubic yards of fill for the Mt. Dora Ball Park.

            PURCHASING/ACCOUNTS ALLOWED/PUBLIC WORKS

            On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request to purchase one gasoline driven riding mower, Excel Hustler Hydrostatic 272, and one double batwing mower (used and available at Starke - maximum of $1,200.00 for the two items).

            ROADS-COUNTY, STATE

            On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request to repair Lakeshore Drive (Fruitland Park) for Mr. Fuller, at a cost of $60.00 on a one-time maintenance agreement.

            BONDS - MOBILE HOME

            On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request for Monti Young - Lake Yale Area - District #5, to live in a mobile home on the same piece of property on which his conventional dwelling is being built, subject to the proper bond being posted and with the understanding the mobile home will be removed immediately upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners.

            On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request of Cyril L. and Helen C. Geiger - SR 46/C, 46A -District #4, to live in a mobile home on the same piece of property on which his conventional dwelling is being built, subject to the proper bond being posted and with the understanding the mobile home will be removed immediately upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners.

            PLANNING DEPARTMENT

            On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board denied the request of Donald E. Larsson - Lake Yale Area - District #5 , Case #81-4, for waiver of improvement requirements and plan requirements of the Subdivision Regulations, Section 62 as recommended by the Planning Department.

            PLANNING DEPARTMENT

            Commr. Deems moved to deny the request of Two Lakes Branch Corporation/ Manual Garcia - Lake Norris Area - District #4 - Case #81-5, for waiver of improvement requirements and plan requirements of the Subdivision Regulations, Section 62 as recommended by the Planning Department.

            Commr. Smoak seconded the motion for discussion.

            The motion carried two (2) to one (1) with Commr. Smoak voting "No".

            AGRICULTURAL CENTER/PURCHASING

            On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board rescinded the action taken earlier approving the purchase of the electronic stencilmaker for the Agricultural Center and postponed any further action until the March 3, 1981 meeting.

            The Board requested Mr. Willett, Development and Public Works Director, to research as to whether or not the machine would be cost effective for the County, and report back to the Board at the March 3, 1981 Meeting.

            MVI STATIONS/ACCOUNTS ALLOWED

            On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved a travel request from Frank Woodson, Supervisor, MVI Stations, to attend the Vehicle Safety Inspection Association of Florida's Spring Conference in Punta Gorda, Florida, on March 19 and 20, 1981, at an estimated cost of $145.00.

            WATER AUTHORITY/PUBLIC WORKS/COMMUNICATIONS

            Commr. Burhans read a letter from the Lake County Chamber of Commerce regarding the operation of the Burrell Locks.

            The Board referred the letter to Mike Willett, Development and Public Works Director, and also the Lake County Water Authority.

            SHERIFF/COMMUNICATIONS

            Commr. Burhans read a letter from the law office of Maher, Overchuck and Langa, Attorneys, Orlando, regarding a claim that is being made by Elaine Norman, for damages as a result of the Lake County Sheriff's Department’s failure to secure private property incidental to an investigation.

            The Board requested the Clerk send the letter to the Sheriff's Department.

            ACCOUNTS ALLOWED

            On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized the payment of warrants 1113853 through 1114164 for the following accounts:

            General Revenue                                Fine & Forfeiture

            County Transportation Trust              Anti-Recession II

            Landfill                                               Mosquito Control

            Aquatic Weed                                     Northeast Hosptial

            Northwest Ambulance                        Fifth & Sixth Gas Tax

            Block Grant                                        Section 8

            Youth Volunteer                                 CETA

            INDIGENTS

            On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized payment for the following Indigents:

CANCEL: June Turner for Cliris Turner...........$50.00

ADD: Donald Ferguson for Leonard Walker.....$50.00

ADD: Randolph Ward for John Crutchfield......$50.00

ADD: Milo Jackson for John Ward...................$50.00

            There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:20 P.M.

Glenn C. Burhans, Chairman

James C. Watkins, Clerk