A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JANUARY 19, 1982

The Lake County Board of County Commissioners met in Regular Session on Tuesday, January 19, 1982, at 9:00 A.M. in the Board of County Commissioners' Meeting Room, Courthouse, Tavares, Florida. Commissioners present were: James R. Carson, Jr., Chairman; Thomas J. Windram; Claude Smoak; C. A. "Lex" Deems; and Glenn C. Burhans. 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. Smoak.

MINUTES

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the Minutes of

January 12, 1982, as corrected.

CONTRACTS, LEASES & AGREEMENTS

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board ratified the action of Chairman Carson in refunding $2,200 to Langley Fruit Company for fruit picked from the County grove next to the Marion County Landfill.

COMMUNICATIONS

Mr. Watkins read an invitation to the ribbon cutting of Congressman McCollum's new Leesburg Office on January 22, 1982, with coffee and doughnuts after the ribbon cutting at the Chamber of Commerce.

CONTRACTS, LEASES & AGREEMENTS/PURCHASING/JAILS

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved an addition to the Contract with Audio Systems of Florida, Inc., in the amount of $1,500.00 to cover a Performance Bond not required in the bid specifications. Norma Showely informed the Commissioners that Audio Systems had contracted that the fire alarm system at the Lake County Jail to be completed within ninety (90) days.

MAINTENANCE/PURCHASING

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved to purchase six vacuum cleaners for the Maintenance/Custodial Department at a cost of $140.00 each for a total cost of $840.00 from Flicker Vacuum Company.

PUBLIC WORKS/PURCHASING

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the purchase of two pick- up trucks from Cecil Clark Chevrolet at a cost of $8,766.94 for a total cost of $17,533.88. Included in the motion was to declare as surplus property the two vehicles to be replaced. The Board directed Mr. Watkins to report back to the Board the disposition of the two vehicles being replaced.

COMMUNICATIONS

Commr. Carson read a letter from the Kiwanis Club thanking the Commissioners for supplying the fill dirt for the improvements to Rogers Park in Leesburg.

ACCOUNTS ALLOWED/WELFARE DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request from Myra Smith, Welfare Department, to attend the Florida Association of County Welfare Executives Mid-Year Legislative Conference in Daytona Beach February 3, 4 & 5, 1982, at a cost of $213.00.

ACCOUNTS ALLOWED/EMERGENCY SERVICES

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request from Bob Lewis, Emergency Services, to attend a meeting with Governor Graham to discuss Administrative Rule Costs to Counties to be held January 21, 22, 1982, at a cost of $165.80.

BUDGET TRANSFERS/WELFARE DEPARTMENT

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved to transfer $1,100 from the Welfare Other category to the Welfare-Pauper Burial Account in the Welfare Department. Commr. Carson informed the Board that changes made in the release of Social Security funds for burials had necessitated this transfer. Commr. Carson stated that he would meet with Myra Smith and Dick Kurfiss concerning these changes and how they affect the County Welfare Department and report back to the Board.

COMMUNICATIONS/PUBLIC HEALTH

Commr. Burhans requested that a reply be formulated to Mr. Jack Martin of Hardy & Associates regarding their proposal for evaluation of the ambulance districts in Lake County. On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board directed the Clerk correspond with Mr. Martin stating that the Board of County Commissioners was not in need of their services at the present time.

Commr. Burhans reported on the progress of the committee concerning the ambulance services in Lake County. Commr. Carson stated that he had passed out a report compiled by Emergency Services concerning the ambulance service in Lake County and Mr. Watkins informed the Board of a letter from Dr. Langley concerning the Northwest Ambulance District which would be supplied to the Commissioners.

ACCOUNTS ALLOWED/VETERAN'S SERVICES

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the travel request of Art Ragland, Veteran's Services, to attend the State Association of County Commissioners Conference on behalf of the State Association County Veteran Service Officers February 3, 4 & 5, 1982, at no cost to the County.

ACCOUNTS ALLOWED/CETA

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the travel request from Mr. Flowers for Brenda Pullam to attend an IMU Workshop scheduled January 18, 1982, on a reimbursement basis from CETA Funds.

ACCOUNTS ALLOWED/PERSONNEL DEPARTMENT

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the request of Glenn Timmons for two staff members to attend the County Personnel Officers Affiliate of the State Association of County Commissioners in Daytona Beach, February 3-5, 1982, at a cost of $10.00.

COURTHOUSE/JAILS/PURCHASING

Commr. Windram reported on the status of the conversion of the three boilers at the jail and one boiler at the Old Courthouse Building to natural gas. Commr. Windram recommended that the boilers be converted for natural gas usage but keep the capability of using oil. Commr. Windram informed the Board that an estimated savings of $11,770 in one year would be possible by conversion.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the conversion of the boilers at a total cost of $15,420 with funding for this item to be determined at a later date.

FINANCE DEPARTMENT

Commr. Carson questioned the deposits to the State Board of Administration stating it was his understanding that the day funds, night funds were the only funds to be deposited to the SBA. Mr. Watkins stated that all funds were being bid both locally and with SBA with the funds going to the highest bidder. Mr. Watkins stated he had received a letter from Mr. Batch of Sun Banks concerning the new bidding policy and that he would copy each of the Commissioners on this letter.

PROPERTY APPRAISER'S OFFICE

The Board directed the County Attorney to research and report to the Board on Agricultural Exemptions allowed on property and any restrictions concerning the exemptions relating to size of property and production of property.

INDIGENTS

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved to pay Indigents as listed below:

ADD: Ernest Crenshaw for Robert Woods

James J:: Newman for Floyd D . Newman:::: ... .... ..$50.00

ACCOUNTS ALLOWED

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved to pay Warrant #20855 through #21095 for the following:

General Revenue Fine & Forfeiture Fund

County Transportation Trust Mosquito Control

Aquatic Weed Control N.E. Ambulance

N.W. Ambulance Section 8

Ceta Ceta

COR Buildings Certificate of Indebtedness

Nursing Home Landfill

PUBLIC HEALTH/RESOLUTIONS

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved to renew the Certificate of Public Need and Necessity for the Lake Sumter Community Mental Health Center.

COMMITTEES/FIRE DISTRICTS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board accepted the resignation of Douglas Webb from the Bassville Fire District.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved to pay from funds collected under Ordinance #1981-4, Law Enforcement Training, a bill from Sous Marine Dive Center in the amount of $109.00, providing that this course is on the list of approved courses of the Florida Department of Law Enforcement.

REPORTS

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases for the week ending January 8, 1982.

COURTS

Commr . Carson asked Mr. Watkins whether or not the report from the Court Administrator regarding the setting of uniform court reporter fees would affect Lake County. Mr. Watkins stated that it would not significantly affect the County and that the intention was to create a more uniform policy within the District on fees.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

Commr . Carson stated that a request had been received from Sheriff Griffin for reimbursement from the Funds of the DC-6 airplane sale to reimburse for a lien paid by the Sheriff in accordance with a Court Order dated January 8, 1982. The County Attorney's Office was directed to research whether or not the Commissioners would be able to pay this lien on a reimbursement basis and report back to the Board on the first meeting in February.

ORDINANCES/FINANCE DEPARTMENT

Chris Ford stated that a letter had been received from the Housing Finance Authority setting the deadlines for the Authority at February 15, 1982, in order to have the authorization for a Bond Issue. Commr. Smoak will be meeting with Orange County and a member of the legal staff in order to pursue this and Commr. Smoak stated that he will report back to the Chairman to call a special meeting to meet the deadline, if necessary.

PUBLIC WORKS AGENDA

PUBLIC WORKS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the release of the maintenance bond for Melody Hills Subdivision, Unit II.

PLATS/PUBLIC WORKS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board authorized the Chairman and Clerk to sign the plat for Crystal Manor Subdivision for recording.

CHECKS RECEIVED/PLATS/PUBLIC WORKS

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board authorized the Chairman and Clerk to.sign and approved the Dora Isles Subdivision plat and Power of Attorney for recording and accepted their Irrevocable Letter of Credit in the amount of $45,000.

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved final payment on Project #18-81 C-561 Widen and Resurface Bronson Road to Leecon, Inc., in the amount of $42,297.24 with $28,926.47 from County Funding and $13,370.77 from Secondary Funding.

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved partial payment to Martin Paving Company in the amount of $23,399.82 on State Road 42 road project.

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously the Board withheld final payment on Project No. 19-81 C-452, Resurfacing and instructed Mike Willett to correspond with Superior Asphalt concerning the seams not matching. Mr. Willett stated that the road was structurally sound but needed leveling. Mr. Willett stated that he would pursue this with Superior Asphalt to see what could be done and would bring this item back before the Board.

BIDS/BUILDING DEPARTMENT/PURCHASING

On a motion by Commr. Deems, seconded carried unanimously, the Board approved to by Commr. Smoak and advertise for bids on a pick-up truck for the Building Department and approved to trade- in the 1975 Ford LTD.

BIDS/PUBLIC WORKS/ROADS, COUNTY & STATE

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board awarded Bid #2-82, County Wide Resurfacing to Adams Construction Company in the amount of $457,246.81. Mr. Willett explained that one road had been deleted (Wekiva River Road) dropping the amount on the break down sheet by $26,400.

Mr. Willett explained that this was the first time this firm had bid on a County project and that the company was qualified by DOT standards.

MUNICIPALITIES/PUBLIC WORKS

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved to donate 1,200 cubic yards of clay to the City of Tavares for the City's proposed recreation complex, to be scheduled for delivery by the Public Works Department.

COMMISSIONERS

At this time Chairman Carson turned the meeting over to Commr. Windram.

BONDS - MOBILE HOME

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried, the Board approved the request of Nan Honeycutt - lermont Area - District #3 to live in a mobile home on the same piece of property on which a conventional dwelling is being huilt, subject to the proper bond being posted and with the understanding the mobile home will he removed immediately upon completion of the dwelling or upon the request of the Board of County Commissioners. Commr. Carson was not present for the vote. On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board approved the cancellation of a Mobile Home Bond for Gordon G. Oldham, III Howey Area District #3. Commr. Carson was not present for the vote.

COMMISSIONERS

At this time Commr. Windram turned the chairmanship back to Commr. Carson.

PLANNING DEPARTMENT

Discussion occurred regarding the members of the Planning and Zoning Commission coming up for reappointment. Mr. Willett requested that the Board address this on the first or second meeting in February. Commr. Smoak requested an update concerning changing the makeup and format of the Planning and Zoning Commission. Discussion occurred regarding reducing the number of members to seven and.delineating three specified groups representing agriculture, construction and environmental in order to create a more diversified membership on the Commission. Mr. Willett and Chris Ford stated that these changes would not be considered until all the changes were made to come under Chapter 163, as a special act would be required. It was the feeling of the Board that changes in this area were necessary. Commr. Smoak stated that he felt the members up for reappointment should be advised of the proposed changes. Mr. Willett stated that these changes would not be completed within the next six months due to the hearing process.

ANIMAL SHELTER

Chris Ford informed the Board that Linda Hardin of Eustis had her dog picked up by a Eustis animal control employee. The dog was destroyed after being taken to the Lake County Animal Shelter. Mrs. Hardin had requested that either she be able to appear before the Board or inform the entire Board that she is requesting punitive action against the employees. Mr. Ford stated that this has happened so infrequently that he did not feel it was a particular problem with the employees. It was Mr. Ford's recommendation that the Chairman meet with the Animal Control Director in order to formulate some type of check list on cases of this sort to help prevent this happening as well as to document cases in which animals are destroyed prior to the five day waiting period. The Chairman stated that he would work with Frankie Thorpe on the formulation of some sort of check list and have Ms. Thorpe submit the list for approval.

COMMUNICATIONS/PLANNING

Chris Ford informed the Board that a letter had been written to Mr. Giddens through his attorney, George Hovis, as directed by the Board on January 5, 1982. Mr. Ford stated that Mr. Chuck Sunderman had contacted his office concerning the letter and was not satisfied with the letter. Mr. Ford informed Mr. Sunderman that the County Attorney's Office had completed the letter as directed by the Board and would not he taking any additional steps concerning writing a letter to Mr. Giddens and that any other correspondence requested by Mr. Sunderman would have to be initiated by Mr. Sunderman. Commr. Smoak agreed that the directive of the Board to inform Mr. Giddens of the serious concern of the great number of people in the South portion of the County concerning the proposed television tower had been accomplished. Mr. Ford stated that he felt the Board had done everything possible in investigating the Conditional Use Permit and relating the concern of the residents in the area to the involved parties.

RESOLUTIONS/SCHOOLS

Mr. Ford stated that the County Attorney's Office had reviewed the Resolution the School Board was requesting bc placed on the 1982 Primary Ballot. Mr. Ford stated the legal opinion of the staff was that it was at the descretion of the Board as to whether or not this is to be placed on the ballot. Mr. Ford stated that it was his opinion that the Board not deny the right to place this on the ballot. Mr. Ford stated it was his belief that the School Board had the authority at this time to impose the two mill levy for school building construction and/or school building improvements and that further action by the School Board would be required even if this was placed on the ballot and passed.

On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board approved for the Resolution to be placed on the September 1982, Primary Election Ballot and that this information be transmitted to Emogene Stegall, Supervisor of Elections. Commrs. Burhans and Smoak voted "No". Commr. Smoak stated that his vote of "No" did not reflect that people should not be able to vote on the tax but that the School Board has the authority to place the tax at the present time and that this vote will have no effect in law.

RECESS AND REASSEMBLY

The Chairman announced at 11:20 A.M. that the Commissioners had been invited by Waterman Memorial Hospital to tour the facilities during the lunch break and the Board would adjourn and reconvene at 2 :00 P.M. for Public Hearings on the Road Closings.

PUBLIC WORKS AGENDA ROAD CLOSING - Strip of Land between N.W. Boundary of Lot 4

Block 14, Plat of Yalaha

Mr. C. Michael Duncan, Attorney for Mrs. Kathy Oberholtzer, and Mr. Fred Morrison, Attorney for the Estate of Chester K. Oedell were present to discuss the road closing with the Board.

Mr. Duncan addressed the Board stating the objections of Mrs. Oberholtzer concerning the road closing. Mr. Duncan stated that Mrs. Oberholtzer was a property owner to the east of the property in question. Mr. Duncan stated that Mrs. Oberholtzer felt that the extension to the house which was infringing on the right of way was built with the knowledge of the infringment and that the Board would be setting a dangerous precedent by approval. Mr. Duncan stated that at the present time the actual clay portion of the right of-way was infringing upon Mrs. Oberholtzer's property and that eventually the road would have to be moved toward the dwelling addition in question. Mr. Willett was instructed to investigate the fact that the road is now on Mrs. Oberholtzer's property. Commr. Smoak questioned whether the road closing would be monetarily or otherwise damaging to Mr. Duncan's client. Mr. Duncan stated that no damage would be done at present. Mr. Duncan stated that it was the feeling of his client that the addition on the house should be torn down rather than giving the property owner title to the property.

Mrs. Francis Oberholtzer addressed the Board to state objections to the closing of this road. Mrs. Oherholtzer stated that she felt the addition to this house should be torn down. Mrs. Oberholtzer stated that she felt the parties who built the addition were aware that they were infringing upon the right of way.

The Board questioned whether the addition had been permitted and Mr. Willett informed the Board that the addition had not been permitted and none of the persons present could inform the Board when the addition had been built.

Mr. Fred Morrison addressed the Board and stated that he could find no evidence that Mr. Oedell had built the addition with the knowledge that a portion was on County right-of-way.

Mr. Roy Noblin, property owner in the area, addressed the Board and stated that he had no objection to the closing of the road and stated it was his feeling that this road was very dangerous when trying to enter Highway 48 and felt that the road should either be closed completely or made one way.

It was noted that the proper proof of publication was on hand and had appeared in the December 22 and December 29, 1981, editions of the Sentinel Star, Little Sentinel edition.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the vacation of a strip of land for the Estate of Chester K. Oedell, deceased, by Fred A. Morrison, as per Petition No. 281 as described as follows:

A strip of land four feet wide by sixty feet long located between the Northwesterly boundary of Lot 4, Block 14 and Lime Street, Plat of Yalaha, Plat Book 1, page 4, Public Records of Sumter County.

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 to advertise the vacation of Lots 11, 12, 13 and 14, Block B; Lot 7, Block M; and a portion of Second Street in the Town of Okahumpka as recorded in Plat Book 1, page 38, Public Records of Sumter County, Florida, for Harris and Atchley, as per Petition No. 282.

BIDS/NURSING HOME/PURCHASING

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board awarded the bid on Nursing Home Supplies to Harbor Service Corporation in the amount of $2,161.50, low bid.

PUBLIC WORKS

Mr. Willett stated that a request had been received from Mr. Knight to maintain a ditch and canal in the Astor Area. Mr. Willett informed the Board that he had been in contact with the Department of Transportation concerning any responsibility they might have concerning maintenance of this canal and ditch and they had indicated that they had an agreement with Mr. Powell, developer in the area, to maintain this area.

Ted Wicks, Pollution Control Director, addressed the Board and explained the problem to the Board and stated that approximately 150 feet of the ditch needs repair. Mr. Wicks stated that no dedications had been found for this area.

Mr. Knight addressed the Board and stated that Mr. Powell had informed him that he had no responsibility for this area.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board posponded this request until February 2, 1982, and directed Mike Willett and Ted Wicks to work with the Department of Transportation concerning maintenance and to report back to the Board as to a solution to this problem at that time.

Mrs. Knight addressed the Board and asked that this matter be taken care of as soon as possible due to the health problems of her husband and the effect this problem has had on him.

PLANNING DEPARTMENT

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the request of James Jones -Sorrento Area District #4 Case #81-46, for waiver of improvement requirements of the Subdivision Regulations - Section 62. Mr. Jones was present to answer any questions of the Board.

BONDS - MOBILE HOME

Mr. Victor Miller addressed the Board concerning a Mobile Home Bond applied for the week of January 11, 1982. This item was postponed while the Public Works Department checked on the status of this request.

LANDFILLS/PUBLIC WORKS

Mr. Steve Heal, Assistant Planning and Zoning Coordinator addressed the Board to present a proposed Solid Waste Study prepared by the Planning Department for the Board's consideration.

Mr. Heal presented the four alternatives studied by the Planning Department as 1) Multiple Landfill System 2) Central Lanfill System 3) Dual Landfill-Transfer Station System and 4) Dual Landfill-Dual Transfer System. Mr. Heal stated that it was the staff's recommendation that the Board consider alternative one, Multiple Landfill System, with this system being the most economical system.

BONDS - MOBILE HOME

At this time Mike Willett stated that there were no foreseeable problems with approving the Mobile Home Bond for Mr. Miller and that this had been applied for by the contractor building the dwelling for Mr. Miller.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request for Victor Miller - District #2 - Lake Emma Area 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.

LANDFILLS/PLANNING DEPARTMENT

Mr. Heal stated that a survey once a month for a week duration was being made to study the amount of solid waste taken in at the County Landfills

Discussion occurred regarding out of county firms dumping in Lake County Landfills.

Commr. Smoak stated that the cities in the southern portion of the County favored Alternative #l, due to transfer costs to the cities if hauling solid waste was required.

On a motion by Commr. Deems, seconded by Commr. Windram and carried the Board directed the Public Works Department to erect a fence on the east side of the Loghouse Landfill. Commr. Smoak was not present for the vote.

On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board approved that the Public Works Department pursue.a new landfill site in South Lake County.

CONTRACTS, LEASES & AGREEMENTS/JAILS/PURCHASING

On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board authorized the Chairman and Clerk to sign the Contract with Audio Systems of Florida to install the fire alarm system at the Lake County Jail. Commr. Smoak was not present for the vote.

COMMUNICATIONS/WATER AUTHORITY

Commr. Carson stated that a letter had been received

from Bobbie Joy Morgan, Chairman of the Water Authority, requesting any goals the Commissioners would like to see accomplished by the Water Authority. Commr. Carson suggested each Commissioner answer individually.

PUBLIC WORKS

Mrs. Francis Oberholtzer addressed the Board regarding a culvert for her property. Mr. Willett informed Mrs. Oberholtzer that a representative of the Public Works Department would contact her concerning the culvert.

There being no further business to be brought before the Board the meeting adjourned at 3:40 P.M.

JAMES R. CARSON, JR., CHAIRMAN

JAMES C. WATKINS, CLERK

CBR/1/21/82