A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
DECEMBER 1, 1981
The Lake County Board of County Commissioners met in Regular Session on Tuesday, December 1, 1981, at 9:00 A.M. in the Board of County Commissioners' Meeting Room, Courthouse, Tavares, Florida. Commissioners present were: Glenn C. Burhans, Chairman; Thomas J. Windram; Claude Smoak, James R. Carson, Jr.; and C. A. "Lex" Deems. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Cathy Roy, Secretary.
The Invocation was given by Mr. Watkins and the Pledge of Allegiance was led by Commr. Deems.
MINUTES
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the minutes of November 17, 1981, as corrected.
Discussion occurred regarding the transcription of tapes of the Board of County Commissioners' Meetings. Mr. Watkins explained that, due to the equipment used to tape the minutes and the time factor involved in these requests, an accurate transcription of the tapes was not possible. Mr. Watkins stated that to supply an accurate transcript of the tapes would require a Court Reporter. Mr. Watkins stated that copies of the tapes were furnished to anyone who requested them and that it had been his policy not to supply transcriptions. Mr. Watkins stated that transcriptions on certain portions of tapes for Commissioners was not the issue; however, transcriptions for the public were not supplied due to inaccuracies that could occur by not having the proper equipment or manpower to supply the transcriptions word for word.
Commr. Smoak stated that he agreed with the above and felt that the practice of duplicating the tapes for persons who wanted copies should be sufficient.
ACCOUNTS ALLOWED/AG CENTER/PURCHASING
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the purchase of a Raco Digital Thermometer with vehicle probe, hand probe, and fruit probe for Greenhouse Grant, in the amount of $300.00.
ACCOUNTS ALLOWED/MOSQUITO CONTROL/PURCHASING
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the purchase of two overhead steel doors (24 gauge steel) on rollers for the Mosquito Control Department in the amount of $1,306.00.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the purchase of a 350 C.I.D. Chevrolet engine with propeller from American International Airboat Corporation in the amount of $3,500.00.
The Board directed that this purchase be postponed as long as possible without increasing the price or interfering with the operations of Mosquito Control.
CONTRACTS, LEASES & AGREEMENTS
Mr . Watkins explained to the Board that the agreement for lease on the Kirkpatrick Warehouse, which was approved November 10, 1981, at a price of $625.00, was in error and
the agreement should have been approved for $650.00 per month as previously agreed upon with Mr. Jack Kirpatrick.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved that the Lease Agreement be drawn to read the correct amount of $650.00 per month.
BONDS - MOBILE HOME
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request of Velma Porter - Leesburg Area - District #2 - to live in a mobile home on the same piece of property on which a conventional dwelling is being built, subject to the proper bond being posted and with the understanding the mobile home will be removed immediately upon completion of the dwelling or upon the request of the Board of County Commissioners.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board postponed the request of Philip Mastrosimone - Leesburg Area - District #l, to live in a mobile home on the same piece of property on which a conventional dwelling is being built.
Mike Willett was directed to research this request to determine whether or not the dwelling being built is for his own use or a speculation home to be sold, and to bring this item back to the Board at a later date.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved renewal of a mobile home bond for William F. Brown - Astatula Area - District #3.
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved renewal of a mobile home bond for Donald E. Banister - Lake Norris Area - District #4.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved cancellation of the mobile home bond for Richard F. Hoffman - Montverde Area - District #3.
PLANNING DEPARTMENT
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request by the City of Tavares for rezoning property known as Pirates Landing, Inc., from LM to the City of Tavares' zoning classification of R-3, Single and Multiple Family District permitting 16 units per acre.
The property was annexed on September 16, 1981.
At the request of Commr. Windram, William Wood, representing the buyer of this particular piece of property, addressed the Board and stated that the adjacent property owners had been notified concerning the rezoning and annexation of this property.
PUBLIC WORKS/ESCROW/ROADS - COUNTY, STATE
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved acceptance of the Maintenance Bond for Midland Heights Subdivision in the amount of $1,563.13, and to accept Jefferson Street into the County Maintenance System and to assign road number 5-6448.
PLANNING DEPARTMENT
Discussion occurred regarding the application of Florida Rock, Inc., for a vested rights determination by the Board under the Green Swamp Regulations. Chris Ford explained to the Board that after review by Sanford Minkoff of the County Attorney's Office and Jerry Grief of the Planning Department, it was the staff's recommendation that the Board approve this petition.
Commr. Carson questioned whether this was an expansion of the mining operations presently in this area.
Mr. Ford explained that expansion would be forthcoming but the application and addendum before the Board was to define that Florida Rock, Inc., has been mining this land and, therefore, they are exempt from certain rules and regulations that were imposed after their operations had been started.
Dewey Burnsed, Attorney, addressed the Board and explained that the petition would give Florida Rock, Inc., the right to mine the highlands, notwithstanding the Green Swamp Regulation, that percentage of the highlands and a greater percentage of the flatlands. Mr. Burnsed stated that they would still be bound under the same agreements in the Conditional Use Permits concerning the wetlands.
Ted Wicks of the Pollution Control Department stated that the plan provided his office on the existing mining operation and the new mine was sufficient to satisfy the Pollution Control Department that the water resources would be protected.
Mr. Fred Morrison of Florida Rock addressed the Board and stated, under the Green Swamp Regulations, that Florida Rock was restricted to mining only 60% of the upland and only 25% of the pine flatwood. The vested rights will enable Florida Rock to mine whatever of those two areas as they feel are economically feasible.
Commr. Smoak requested information concerning the number of acres the above would include.
Mr. Morrison stated that approval of the vested rights would include an additional fifty acres and that the Conditional Use Permits covered several hundred acres. Mr. Morrison stated that this request would enable them to mine land already owned by Florida Rock that was included in the original Conditional Use Permits.
Mr. Chris Ford stated for the Board's information that although the vested right is giving Florida Rock additional rights under the Green Swamp Regulations, the purpose is not to give the additional rights, but to determine whether or not Florida Rock owned and mined the property and, therefore, is entitled to the vested rights.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the application and addendum reviewed and recommended for approval by staff granting vested rights to Florida Rock, Inc.
COUNTY POLICY/ROADS - COUNTY, STATE
Approval of the Resurfacing and Road Construction Program for Fiscal Year 1981-82, was postponed until the Public Works Department could meet with the entire Board.
LANDFILLS/PUBLIC WORKS
Discussion occurred regarding a request by Drum Service Company of Florida to dispose of sludge at the Astatula Landfill. This item was postponed pending receipt of a lab report from the Department of Environmental Regulation.
Mr. Mike Willett stated that this item would be brought back before the Board after they had received the lab report and requested that the Board consider setting a policy concerning out-of-county firms dumping in Lake County landfills.
POLLUTION CONTROL
Mr. Ted Wicks, Director of Pollution Control, addressed the Board concerning the Pollution Control Department Work Plan for the 1981-82 Fiscal Year. Mr. Wicks presented a copy of his work plan and explained the Department Work Plan to the Commission.
Commr. Smoak requested that Mr. Wicks report to the Board concerning the monitoring to be done with Dr. Hopwood on Lake Griffin, Big Pine Island.
Mr. Wicks stated that when the monitoring was definitely formulated by Dr. Hopwood, Dr. Chrisman, the Department of Environmental Regulation and the Game and Fish Commission, he would report back to the Board on the particulars of the monitoring and Pollution Control's participation in the monitoring procedures.
ASSESSMENTS/PUBLIC WORKS
Mr. Mike Willett, Director of Development and Public Works, addressed the Board regarding a recommendation by the Public Works Department on implementation of mandatory lien assessments by the Board of County Commissioners. Mr. Willett stated the following reasons for his staff's recommendation:
a . Mandatory assessments should reduce the amount of paper work and work flow that is necessary under the percentage basis. This would allow a reduction of the time between obtaining an estimate "from a contractor" and obtaining approval for the project from the Board of County Commissioners. Therefore, the bids would have a greater chance of being accurate and the amount of paper work and administrative time would be drastically reduced.
b . By having the legislative delegation changed to mandatory assessment, the Board would have complete flexibility in establishing the procedures of dealing with unmaintained roads.
c . Because of absentee ownerships and property owned by contracted deed, that is common in many of our problem areas, mandatory assessments are probably the most effective method of getting the roads improved.
Commr. Smoak stated that by implementation of mandatory lien assessments in situations of not being able to secure enough petitioners to qualify for a lien assessment and, therefore, creating a hardship on the remaining property owners, the Board would have the authority to review these cases and make the decision of implementation of a lien assessment.
Mr. Willett stated that, in speaking with Everett Kelly's Office and Senator Langley's Office, there were deadlines that had to be met in order to implement the above. He stated that all necessary documents had to be received by Everett Kelly's Office by December 19, 1981, and that a representative in Senator Langley's Office had stated that they would need the documents by the end of the month.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved for the Lake County Delegation to be petitioned to amend a local Statute concerning lien assessments in Lake County and that the Statute be amended to read that the Lake County Board of County Commissioners have the authority to implement mandatory lien assessments to the 100% level.
Mr. Chris Ford, County Attorney, stated that it might be possible to suspend the special act and pass an Ordinance to accomplish the mandatory lien assessments and that it was the recommendation of the local legislative delegation that the Board pursue this if possible.
The Board directed the County Attorney's Office to prepare the necessary documents and research the possibility of suspension of the special act in order to implement the mandatory lien assessments.
PUBLIC WORKS
Mr. Mike Willett submitted, for the Board's review, the changes recommended by the Public Works Department for amending Lake County's Subdivision Regulations to be more restrictive in granting waivers as follows:
Article VI
Procedure of Limited Subdivision of Land with Partial Waiver of Plan Requirements.
Section 65. Basis for Granting Waivers of Plan Requirements
The basis for granting waivers of plan requirements is taken from the Comprehensive Development Plan of Lake County. The Land Use Element of the Comprehensive Development Plan designates urban areas (municipalities and environs) and urban compact nodes (Unincorporated developed areas). In these urban settings development is encouraged; outside urban settings development is not encouraged. However, the improvement found to be desirable in developments in urban areas or urban compact nodes are not essential outside urban settings. But some development does occur on a limited basis, therefore, this section deals with limited development outside urban areas or urban compact nodes.
65.10 Types of Waivers of Plan Requirements
65.11 Agricultural Waiver.
In the Agricultural Waiver, new lots, each being a minimum size of 40 acres, can be created from larger parcels of land. Access can be provided by the creation of easements of fifty (50) feet wide. There is no limit on the number of new lots or the length or surface material of the easement. The lots and the easement must be recorded before a building permit is obtainable.
65.12 Large Lot Waiver.
In the large lot waiver, new lots, each being a minimum of 5 acres, can be created from a larger parcel of land. There are certain restrictions in this type of subdivision. In addition to the minimum size of 5 acres or more, the parcel must have
1. Agricultural (A) zoning on every lot.
2 . No more than five (5) lots can be created out of a tract.
3 . The easement to serve the subdivision cannot be longer than 1,320 feet.
4 . The easement must satisfy road improvement standards for clay roads.
5. The easement must have a fifty (50) foot right-of-way.
6 . The easement must be connected to a paved county maintained road.
7 . The subdivision and easement must be publicly recorded before the building permits are obtainable.
65.13 Procedure of Approval
Approval of these two types of subdivison waivers can be conferred upon applicant by the Board of County Commissioners.
Commr. Smoak stated he felt the wording on Number 5, under Section 65.12, needed to be clarified and that Number 6, under the same Section, consideration should be given to deleting the word "paved" and allow the easements to be connected to any maintained road.
Commr. Smoak requested that the County Attorney's Office supply the Board with a legal definition of "Hardship" as it relates to the Subdivision Waivers.
Discussion occurred regarding the possibility of allowing the area of land covered by an easement to be considered in the size of the lot under the restriction of a parcel of land being five acres.
The Board directed the County Attorney's Office and the Public Works Department to work together on the wording and additional information needed to bring back to the Board at a later date.
PUBLIC WORKS/PERSONNEL/PURCHASING/BUILDING DEPARTMENT
Mr. Mike Willett informed the Commission of the schedule prepared for the move into the Old Courthouse Building. Mr. Willett stated that Public Works would be moving the week of December 7th and December 12th. Building and Zoning would be relocated on the second floor the weekend of December 19th. Pollution Control Lab will be relocated in January. The Purchasing and Personnel Departments will be moved into the vacated Public Works Building in mid January.
On a motion by Commr. Windram, seconded by Commr. Smoak and carried, the Board approved professional movers be obtained to accomplish the moves at a cost not to exceed $2,429.63 for the cost of the move of Public Works, Pollution Control and Environmental Health to the Old Courthouse and a cost not to exceed $1,435.50 to move the Personnel and Purchasing Departments to the vacated Public Works Building. Included in the motion the Board directed the Public Works Department obtain additional quotes from movers other than Security Van and Storage.
Commr. Deems voted "No".
PLANNING DEPARTMENT
Mr. Sunderman's tentative request to be placed on the agenda to discuss Conditional Use Permit #708-3, had been postponed and Mr. Sunderman was placed on the agenda for December 8, 1981, at 10:30 a.m. It was requested that the Clerk's Office notify Mr. Sunderman of the time and date and to contact Mr. George Hovis who represented the petitioner in the CUP at the time it was approved and advise him the the meeting time and date.
Commr. Smoak requested that he be supplied with the legal procedures taken by the County when the Conditional Use Permit was approved and a legal opinion from the County Attorney's Office as to whether or not the County has the legal authority to change any of the conditions of the CUP. Commr. Smoak stated that, because he was not a Commissioner when this item came before the Commission originally, he would like to review it in length prior to the next meeting.
Mr. Chris Ford stated that a legal opinion would be supplied by Thursday or Friday of this week.
Mr. Ford informed the Commission of the status of the suit filed by Mr. Sunderman against the County and against the tower operator to have the County's action set aside as being arbitrary and capricious. Mr. Ford stated that although the suit had been filed there was no action being taken at the present time.
Commr. Smoak requested that he be copied on the suit and the answer of the County Attorney's Office.
Commr. Smoak stated that if Mr. Sunderman had additional information suggesting that construction of this tower would be detrimental to the health of Lake County citizens, this information should be presented to the Commission in order that the Commission could determine whether consideration should be given to looking at the present Conditional Use Permit.
RECESS AND REASSEMBLY
Due to technical problems with the recording equipment in the Commission Meeting Room, tapes are not available for the portion of the meeting covering 11:40 A.M. until 12:15 P.M.
No motions or directive action was taken by the Board during this time period.
At 12:15 P.M. the Chairman announced the Board would recess for lunch with each Commissioner lunching individually today. The Board reconvened at 2:00 P.M. for Code Violations.
CODE VIOLATIONS
PUBLIC HEARING ZV-81-235 - Stephen H. Pounds
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board declared Mr. Pounds in violation of Ordinance 1970-l and granted him 30 days to comply.
PUBLIC HEARING ZV-81-272 - Donell Drawdy
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board declared Mr. Drawdy in violation of Ordinance 1970-l; Section 2, and granted him thirty days to comply.
Jerry Sexton, Planning Department, stated that the unsightliness was caused by building materials. He stated no building permit had been obtained and this violation could be corrected by obtaining a building permit.
PUBLIC HEARING ZV-81- 74 Darrell L. Freeman
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board declared Mr. Freeman in violation of Ordinance 1970-1, Section 2, and granted Mr. Freeman sixty days to comply.
PUBLIC HEARING ZV-81-287 Mallory Smith, Jr.
No one present wished to discuss this case with the Board.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board declared Mr. Smith in violation of Ordinance 1970-1, Section 2, and granted Mr. Smith thirty days to comply.
PUBLIC HEARING ZV-81-297 J. O. Mann
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board declared Mr. Mann in violation of Ordinance 1970-1, Section 2, and granted Mr. Mann thirty days to comply.
PUBLIC HEARING ZV-81-300 Coy English
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board declared Mr. English in violation of Ordinance 1970-1, Section 2, and granted him thirty days to comply.
PUBLIC HEARING ZV-81-308 Lloyd L. Foust
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board declared Mr. Foust in violation of Ordinance 1970-1, Section 2, and granted him thirty days to comply.
PUBLIC HEARING ZV-81-309 Jordon Hypes
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board declared Mr. Hypes in violation of Ordinance 1970-1, Section 2, and granted him sixty days to comply.
PUBLIC HEARING ZV-81-320 William H. Eller
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board declared Mr. Eller in violation of Ordinance 1970-1, Section 2, and granted him fifteen days to comply.
It was noted that the Certified Letter notifying Mr. Eller of the violation had been returned. It was requested that another attempt be made to contact Mr. Eller concerning this violation.
PUBLIC HEARING ZV-81-322 James Penny, et al
No one present wished to discuss this case with the Board.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board declared Mr. Penny in violation of Ordinance 1970-1, Section 2, and granted him thirty days to remove vehicles and clean property.
PUBLIC HEARING ZV-81-334 Marvin Wages
Mr. Wages was present to address the Board concerning this case. Mr. Wages stated that he had removed one of the travel trailers from his property and that he was no longer living in the second travel trailer as he had purchased a mobile home. Mr. Wages stated that he had obtained the permits for the mobile home.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board dismissed Case ZV-81-334.
PUBLIC HEARING ZV-81-343 Eugene Gettle
No one present wished to discuss this case with the Board.
0n a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board declared Mr. Gettle in violation of Ordinance 1971-6, Sections 60.120 and 70.200, and granted him fifteen days to comply.
PUBLIC HEARING ZV-81-347 Johnny O. Wilbanks
Mr. Wilbanks addressed the Board concerning this violation. Mr. Wilbanks stated that he was in the process of moving these vehicles; however, it might take him more than the 30 days allowed.
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board declared Mr. Wilbanks in violation of Ordinance 1970-1, Section 2, and granted him 45 days to comply.
PUBLIC HEARING ZV-81-348 Dave's Auto Parts
No one present wished to discuss this case with the Board.
Mr. Sexton stated that Mr. Smith had called his office and stated that he would be coming in to obtain a permit for the sign.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board declared Dave's Auto Parts in violation of Ordinance 1977-3, Section 3, and granted him fifteen days to comply.
PUBLIC HEARING ZV-81-357 Grover Spencer
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board declared Mr. Spencer in violation of Ordinance 1971-6, Section 68.11, and ordered Mr. Spencer to cease the operation immediately.
Mr. Sexton stated that Mr. Scott, Case ZV-81-329, although not on the scheduled agenda, had requested to be heard concerning his case.
Mr. Scott, P.O. Box 1326, Tavares, Florida, addressed the Board and stated that he did not feel he was in violation because both of the vehicles cited in the violation were not abandoned and that it was his plan to repair both vehicles. Mr. Scott stated that he did not feel the vehicles could been seen well from the road. Mr. Scott stated that he had considered building a shed to cover the vehicles; however, he worked out of town and did not know when this could be accomplished.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board declared Mr. Scott in violation of Ordinance 1970-1, Section 2, and granted him ninety days to comply.
COMMISSIONERS
Mr. Watkins reminded the Commission that selection of a Chairman for the Commission for 1982 needed to be accomplished during the December 15, 1981, meeting.
APPOINTMENTS/FIRE DISTRICTS
Mr. Watkins read a letter from the South Lake County Fire District concerning the expiration of three officers of the district on January 15, 1982.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved reappointment of Mr. William H. Rauch and Mr. Larry E. Stahl and requested that the Clerk request nominees from them for any other vacancies.
COMMUNICATIONS
Mr. Watkins read an invitation to the Commission to attend the Second Annual Lighted Boat Parade. The invitation was extended by Mr. and Mrs. Joseph O. Ellis, to be held December 6, 1981, at 6:00 p.m.
BONDS - CONTRACTOR
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously the Board approved the following Contractor Bonds and Cancellations:
NEW
214-82 Barto H. Smith d/b/a Lake Plumbing, Inc. (Plumbing)
1215-82 E. L. Murphey (Roofing)
1787-81 Bernhardt Plumbing Co. Inc. (Plumbing)
3012-82 Curtis W. Benson (Roofing)
CANCELLATIONS
211-67 Donald St. John d/b/a St. John Construction Co. (General)
214-77 John B. Smith & Barto H. Smith d/b/a Lake Plumbing, Inc.
383-78 Earl H. Evans (Electrical)
770-76 Wall Plumbing and Heating
822-78 William E. Mims d/b/a Mims Construction (Aluminim)
1273-75 Pat Smith d/b/a Pat's Electric
1318-79 Harvey B. McGuire
1394-79 Jimmie D. Stewart (Electrical)
1427-77 Henry L. Ennen (Electrical)
1452-76 John Norman
1680-78 Richard Vought d/b/a Dick Vought Electric
1824-79 Henry R. Stephens
1916-80 James D. Heiskell
1968-81 William L. Wohlers
Phillip K. Herlong
LICENSES & PERMITS
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the following gun permits and bonds:
Gordon Abercrombie William D. Harb
Morton D. Aulls Elizabeth M. Huntington
David H. Cox Magnus Olsen
Richard K. Crumpton John P. Owens, Jr.
Sandra K. Elliott
Included in the motion was the approval of a gun permit addition for Robert Brown and William McClelland.
ACCOUNTS ALLOWED
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved payment of warrants #19923 through #20162 for the following accounts:
General Revenue Fine & Forfeiture
County Transportation Trust Mosquito Control
Aquatic Weed Section 8
Law Enforcement Training Fund CETA
COR Buildings Special Assessments
INDIGENTS
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved payment for the following Indigents:
CANCEL: Perry Kelley for Iola Williams..................$50.00
REPORTS
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of the November 13, 1981, Distribution of Revenue Traffic/Criminal Cases.
REPORTS/FIRE DISTRICTS
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of the Financial Statements for Pasco Fire Control District, ending September 30, 1981.
COUNTY PROPERTY/INVENTORY SURPLUS
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the following items be removed from Lake County's Fixed Assets and authorized the Chairman to sign the memorandum from Donald Peroddy.
Property #101 - Steno Chair - To be junked
Property #2894 - Wood Table - To be junked
Property #3709 - Swivel Chair - To be junked
Property #4254 - Secretary Chair - To be junked
Property #5196 - Royal Typewriter - To be junked
CONTRACTS, LEASES & AGREEMENTS/PUBLIC HEALTH
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved and authorized the County Attorney's Office to draw up a Resolution for the renewal of the Non-Emergency Medical Services Certificate of Public Convenience and Necessity for South Lake Memorial Hospital.
CLERK/JUVENILE
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board authorized the Chairman and Clerk to sign the Satisfaction of Judgment in the amount of $150.00 in the interest of Lorenzo Sanchez.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board authorized the Chairman and Clerk to sign the Satisfaction of Judgment in the amount of $150.00 in the interest of Ricky Sanchez.
CLERK/ASSESSMENTS/PUBLIC WORKS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board authorized the Clerk and the Chairman to sign the Satisfaction of Assessment Lien for Margaret W. Tegtmeir and Marie S. Tegtmeir, in the amount of $467.91 for Sunny Dell Park, First Addition.
CONTRACTS, LEASES AND AGREEMENTS
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board authorized the Chairman to sign the Cooperative Lease Agreement between the Division of Forestry and Forest Hills Volunteer Fire Department.
REPORTS
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of the Monthly Board Packet from Lake Community Action Agency.
ACCOUNTS ALLOWED/SHERIFF
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved payment to the Public Safety and Research & Development, Inc., regarding work done on the Sheriff's Budget Appeal.
COUNTY BUILDING AND GROUNDS/COURTHOUSE
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved for the Clerk to purchase and post signs for the front and back door of the new Courthouse and all County buildings be properly posted stating "No Solicitation".
AUDITS/REPORTS
Mr. Watkins stated that the Audit Selection Committee had met and stated that May Zima has completed their three year contract with the County for the overall County audit. Mr. Watkins stated that there were no negative comments from any of the members of the Audit Selection Committee concerning the auditing staff or the processes which they used. Mr. Watkins stated that the Committee was referring this knowledge to the Commission to determine whether or not the County is legally required to go through the audit selection process or whether the Board would consider renegotiation of the contract with May Zima.
Mr. Chris Ford stated that it was the County Attorney's legal opinion that the Committee and Commission were legally required to go through the audit selection process again because the present contract with May Zima does not contain a renegotiation clause.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved for the specifications for advertising for bids on the County Audit be prepared and brought back before the Board.
The County Attorney's Office was directed to research whether or not the selection process was mandatory if a renegotiation clause is included in the contract with the selected firm.
COUNTY BUILDINGS AND GROUNDS
Commr. Smoak discussed with the Board the County property which had producing groves and the possibility of entering into contracts on the groves which were not being harvested at the present.
Mr. Watkins stated that Mike Willett is preparing a list of County owned groves for Commr. Smoak.
Commr. Smoak stated he would bring this back before the Board at a later date.
LAWS AND LEGISLATION
Discussion occurred regarding the possibility of meeting with the cities in Lake County to discuss distribution of the proposed local option sales tax.
Mr. Chris Ford stated that one of the largest problems the legislature was having concerning this tax was the distribution between cities and counties.
Mr. Watkins stated he would be meeting with the President's Round Table on the 15th of December and that there would be discussion concerning this proposed tax and the distribution.
Commr. Smoak stated that he would contact the cities through the League of Cities as soon as possible and report back to the Board.
BUDGETS/CONTRACTS, LEASES & AGREEMENTS/MENTAL HEALTH
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized the Chairman and Clerk to sign the contract between Lake County and District III Mental Health Board, and authorized the Clerk to supply the monies allocated in the budget for the District III Mental Health, when the money became available.
ORDINANCES/SHERIFF'S DEPARTMENT
Commr. Smoak questioned whether or not the Ordinance setting aside a second dollar for law enforcement had been advertised.
Mr. Watkins informed Commr. Smoak that it had not yet been advertised but would be sent for advertising this week.
PLANNING DEPARTMENT
Commr. Smoak discussed the memorandum dated November 20, 1981 from Mike Willett concerning the Planning and Zoning Commission. The Clerk was directed to contact Mr. Willett and inform him to place this item on his agenda for the December 8, 1981, meeting.
COMMUNICATIONS/PUBLIC WORKS
Commr. Windram stated that he had received a request from the City of Mount Dora requesting 250 cubic yards of clay to finish the Little League ball fields.
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved that the Road and Bridge Department schedule to deliver 250 yards of clay to the Little League field and directed the Clerk to write the City and advise them their request had been approved.
SHERIFF'S DEPARTMENT/LICENSES AND PERMITS
Commr. Windram stated that he had received correspondence from the Sheriff's Department stating that there has been a problem concerning having local police departments fingerprint applicants for gun permits.
Discussion occurred regarding various ways of the applicants being able to pay for their fingerprints and permit application fee all at one time in order to make it more convenient to the applicants.
The Board directed Commr. Windram and the Clerk to work together on a solution.
SHERIFF'S DEPARTMENT
Commr. Windram stated that Major Allen had requested the Board's direction on whether or not the Board should approve payments for training under the Ordinance setting aside monies for law enforcement training.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board stated that the funds from this Ordinance be spent under the discretion of the Sheriff in compliance with the limitations of the Ordinance and that no Board approval would be required.
JAILS/SHERIFF'S DEPARTMENT/REPORTS
Commr. Burhans stated that he had received an in-house report from the Sheriff's Department concerning a jail inspection that had been made.
Mr. Watkins stated that this was only an in-house report concerning a state inspection and that no actions were needed until the state inspection is received by the Board Office.
Mr. Watkins requested that the Board authorize correspondence to Sheriff Griffin recommending that the Captain of the Lake County Jail contact Mr. Harry Nies, Chief Deputy, and develop a working relationship with Mr. Nies concerning problems at the jail.
The Commission authorized Mr. Nies to work with the Captain at the jail concerning problems at the jail.
PLANNING DEPARTMENT
Mr. Don Driggers, Mount Dora, Florida, addressed the Board concerning a code violation heard by the Commission at their November 10, 1981, meeting, ZV-81-352. Mr. Driggers explained that he had been unable to relocate the business and requested an extension of time.
The Commission advised Mr. Driggers that, due to the nature of the violation, an extension of time could not be granted.
Mr. Chris Ford, County Attorney, advised Mr. Driggers of the actions taken on violations that were not complied with within the given time.
COMMISSIONERS
Commr. Burhans stated that in recent issues of the County News the National Association of Counties was requesting a logo from Lake County Commissioners be sent to be displayed in their new office building.
The Commission directed the Clerk to obtain the logo from the Public Works Department and send it to the National Association of Counties.
COMMISSIONERS/CLERK
Mr. Chris Ford stated that he wished to commend Commr. Windram, Mr. Watkins and Don Smalt on the presentation given at the Sheriff's Appeal Hearing on November 18, 1981.
There being no further business to be brought before the Commission, the meeting adjourned at 4:35 P.M..
Glenn C. Burhans, Chairman
James C. Watkins, Clerk