A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
JULY 20, 1982
The Lake County Board of County Commissioners met in Regular Session on Tuesday, July 20, 1982, at 9:OG A.M. in the County Commissioners' Meeting Room, Courthouse, Tavares, Florida. Commissioners present were: Thomas J. Windram, Vice Chairman; Claude E. Smoak, Jr.; C. A. "Lex" Deems; and Glenn C. Burhans. Others present were : Christopher C. Ford, County Attorney; and Cathy B. Roy, Secretary. Chairman Carson had informed the members of the Board that he would not be in attendance and requested that Commr. Windram act as Chairman for the proceedings.
The invocation was given by Commr. Windram and the Pledge of Allegiance was led by Commr. Burhans.
MINUTES
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the Minutes of July 13, 1982, as submitted.
CETA
Mr. James Flowers, Director of CETA, addressed the presented to the Board a memorandum outlining the final CETA grant modifications for Title IIB, Title IV, Title Summer Youth Employment Program and Master Plan.
Mr. Flowers explained to the Board the carryout of for Title IIB, the carryout of $12,750 for Title IV and out of $30,000 for Title VII.
Board and year 1982 VII, $35,761 the carry
On a motion by Commr. Deems, seconded by Commr. Smoak and
carried unanimously, the Board approved the final 1982 CETA grant
modifications and authorized signature of the required forms.
PERSONNEL/COUNTY EMPLOYEES
Mr. Glenn Timmons, Personnel Director, addressed the Board requesting the Board approve and authorize signatures for a Resolution of Appreciation for C. Willard Carlton for fifteen years of service to Lake County.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved a merit increase in the amount of $300.00 for Roberta Heckler, Assistant Code Enforcement Officer.
ACCOUNTS ALLOWED/AGRICULTURAL CENTER
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the travel request of Dr. Earl M. Kelly, Director of Lake County Extension Service, for 4-H Club funds for the "Florida 4-H Legislature" in Tallahassee, August 10 - 13, 1982, in the amount of $326.00.
AGRICULTURAL CENTER/BUDGET TRANSFERS
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved a transfer of funds of $506.00 from the Agricultural Department Salaries budget to the Building and Grounds budget and a transfer of $150.00 from the
Salaries budget to New Machinery and Equipment budget.
ACCOUNTS ALLOWED/SOIL CONSERVATION
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request of Charlie Russ, Chairman, Lake Soil and Water Conservation District, to attend the annual Florida Association of Conservation District Supervisors Convention, August 11 - 13, 1982, in the amount of $600.00.
MENTAL HEALTH
Commr. Smoak reported to the Board that he had received the goals and objectives report of the Lake Sumter Alcohol Programs, Inc., and stated they had also supplied a copy of this item to Mr. Bert Lacey, Lake/Sumter Community Mental Health. Commr. Smoak stated that Sandra L. Haase, Secretary of Lake Sumter Alcohol Programs, Inc., was to meet with the Lake/Sumter Community Mental Health Center Board today to answer any additional questions.
Commr. Smoak stated he would make a copy of the summary available to the Commissioners.
LIBRARIES
Commr. Smoak reported to the Board that Virgina Grigg of the State Library System would be meeting with city officials, library officials and the Library Study Committee this evening in the Old Courthouse 4th Floor Courtroom. Commr. Smoak invited all present to attend the meeting.
Commr. Smoak reported on the previous meetings held with the city officials and library officials and stated that the Committee would make a recommendation to the Board on August 3, 1982, at 10:30 A.M.
ACCOUNTS ALLOWED
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved payment of Warrant #25755 through Warrant #25996 from the following accounts:
General Revenue Fine and Forfeiture
County Transportation Trust Revenue Sharing
Mosquito Control Aquatic Weed
N.E. Hospital Section 8
CETA Nursing Home
Landfill
INDIGENTS
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved payment and cancellations of payment for the following indigents:
Cancel - Angelica Beetz for Richard Basford....$50.00
BUDGET TRANSFERS
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the following budget transfers:
GENERAL FUND
BOARD OF COUNTY COMMISSIONERS
COUNTY COURT
Transfer $1.500.00 from Fees Account Number 001-516-2-00-04- 000-493 to Account Number 001-516-2-00-04-009-640 Equipment ($1,000.00), 001-562-2-00-04-009-462 Maintenance Contract ($500.00). Reason: To purchase Table & Crt Station & Maintenance Contract for Royfax Copy Machine for County Court.
BUILDING MAINTENANCE
Transfer $4,500.00 from Building & Ground Maintenance to Account Number 001-519-1-00-16-000-529 Miscellaneous Supplies ($4,000.00) 001-519-1-00-16-000-640 Machinery & Equipment ($500.00). Reason: Overexpended.
PLANNING DEPARTMENT
Transfer $300.00 from Account Number 001-515-1-00-18-010-400 Travel & Per Diem to 031-515-1-00-18-010-462 Equipment Maintenance. Reason: Overexpended.
BUILDING & ZONING
Transfer $700.00 from Account Number 001-524-1-00-18-030-400 Travel & Per Diem to 031-524-1-00-18-030-510 Office Supplies. Reason: Overexpended.
Transfer $350.00 from Account Number 001-524-1-00-18-030-410 Communications to 001-524-1-00-18-030-520 Operating Supplies. Reason: Overexpended.
Transfer $500.00 from Account Number 001-524-1-00-18-030-521 Fuel & Lubricants to 001-524-1-00-18-030-462 Equipment Maintenance. Reason: Overexpended.
REGISTRATIONS
Transfer $8,000.00 from Contingency Reserve to Account Number 001-519-1-00-12-010-400 Travel & Per Diem ($1,200.00), 001-519-l-00- 12-010-510 ($5,300.00) Office Supplies, 001-519-1- 00-12-010-520 ($1,500.00) Operating Supplies. Approved 5/11/82 by Board.
ELECTIONS
Transfer $3,500.00 from Contingency Reserve to Account Number 001-519-1-00-12-020-640. Approved by Board 3/2/82.
Transfer $1,800.00 from Account Number 001-519-1-00-12-020- 510 Office Supplies to Account Number 001-519-1-00-12-020-520 Operating Supplies.Reason: Overexpended.
HEALTH
Transfer $l,OOO.OO from Welfare/Other Account Number 001- 64- 1-00-30-320-359 to Account Number 001-564-1-00-30-320-354 Pauper Burial. Reason: Overexpended.
ANIMAL CONTROL
Transfer $2,000.00 from Account Number 001-562-1-00-33-000- 314 Professional Service to Account Number 001-562-1-00-33-000- 430 ($300.00) Utility Service, 001-562-1-00-33-000-463 ($400.00) Bldg/ Grounds 991-562-l-00-33-000-462 ($400.00) Equipment Maintenance, 001-562-1-00-33-000-520 ($300.00) Operating Supplies, 001-562-1- 00-33-000-521 ($500.00) Fuel & Lubricants, 001-562-1-00-33-000-522 ($100.00) Food & Dietary.
Transfer $800.00 from Contingency to Account Number 001-562-
l-00-33-000-641 Other Equipment. Approved 4/6/82 by Board.
AGRICULTURE DEPARTMENT
Transfer from Contingency $685.00 to Account Number 001-537- 1- 00-43-000-648 Machinery & Equipment. Approved by Board 4/6/82.
SHERIFF
Transfer from Contingency $600.00 to Account Number 001-523-l-00- 21-000-640 Machinery & Equipment. Reason: Overexpended.
CIRCUIT COURT/BAILIFFS
Transfer $300.00 from Account Number 001-516-1-00-52-020-510
Office Supplies to 001-516-1-00-52-020-540 Books, Publications & Dues. Reason: Overexpended.
FINE & FORFEITURE FUND
Transfer $19,950.00 from Contingency to Account Number 111- 516-1-00-01-020-494 Circuit Court Fees & Cost. Reason: Overexpended.
Transfer $2,000.00 from Account Number 111-527-1-00-30-050-420 Transportation to 111-527-1-00-30-050-346 Contract SvcMorgue. Reason: Overexpended.
Transfer $950.00 from Contingency to Account Number 111-516-l-00- 52-050-410 Communications. Reason: Overexpended. Transfer $l,OOO.OO from Contingency to Account Number 111-516-l-00-52-070- 332 Court Reporter-Transcripts. Reason: Overexpended.
SECTION 8
Transfer $425.00 from Contingency to Account Number 127-554- 1-00-18-410-238 Life & Health Insurance. Reason: Overexpended.
COR COUNTY BUILDINGS
Transfers $123,281.00 from Account Number 355-519-1-00-01-
230-662 to 355-519-1-00-01-230-120 ($6,316.91) Regular Salaries,
355-519-1-00-01-230-210 ($421.101, SS Matching 355-519-l-00-01-
230-220 ($690.45), Ret Cont 355-519-1-00-01-230-230 ($165.50), L & H Insurance 355-519-1-00-01-230-240 ($419.46) Workers Comp.,
355-519-1-00-01-230-621 ($115,267.58) Bldg/Other. Reason: Over-expended.
Transfer $150,000.00 from Account Number 355-519-1-00-01- 230-610 and $71,000.00 from 355-519-1-00-01-230-620 to 355-519-1-00-01-230-623 ($221,000.00) Buildings/Jail. Reason: Overexpended.
BONDS
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized signature and accepted the bond of Dr. Tully C. Patrowicz, Member, District Board of Trustees, Lake/Sumter Community College.
CHECKS RECEIVED/CLERK/REPORTS
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of the Monthly Status Report for Youth Programs, Inc. from June 1 - 30, 1982, and accepted Check #27534, in the amount of $6,563.46, for unexpended funds for witnesses from James C. Watkins, Clerk.
ACCOUNTS ALLOWED/TAX COLLECTOR
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to purchase carpet for the Tax Collector's Office from Floor Systems of Casselberry at a cost of $2,185.95 (includes installation), as the low quote.
ACCOUNTS ALLOWED/PLANNING DEPARTMENT
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the purchase of a drafting machine from Roy Carlson Company of Orlando (low quote) in the amount of $300.00, delivered.
ACCOUNTS ALLOWED/PUBLIC WORKS DEPARTMENT
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board allotted $2,000.00 for the purchase of roadside tools and directed Norma Showley, Purchasing Agent, to check the quality of the items quoted from various companies and Ms. Showley stated she would report back to the Board on which items were purchased.
ELECTIONS/INSURANCE
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board authorized the Clerk to work with Emogene Stegall, Supervisor of Elections, regarding liability insurance for the various voting locations in Lake County.
CONTRACTS, LEASES-& AGREEMENTS/TAX COLLECTOR
Christopher C. Ford, County Attorney, reported to the Board a request from T. Keith Hall, Tax Collector, to enter into a lease with the Quattlebaum Estate for a larger office to house the annex of the Tax Collector's Office in Leesburg. Mr. Ford stated the lease was for 1,200 or more square feet of space at $500.00 per month. Mr. Ford stated the building presently housing the Leesburg Tax Collector's Office was 500 square feet at a monthly cost of $190.00.
Discussion occurred regarding expansion of County services to other areas of the County. Commr. Smoak stated he would like to have the Board take into consideration at a future date the possibility of coordinating with elected officials and various county departments in supplying various services at an additional location within the County.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized the County Attorney and Tax Collector to continue with negotiations for leasing a larger office, subject to a cancellation clause being incorporated into the lease agreement not to exceed one year.
AUDITS/PUBLIC HEALTH
Christopher C. Ford, County Attorney, reported to the Board that it was the recommendation of his office that should the Board wish to obtain an independent audit of the Meals on Wheels Program that they would have the authority to ask for such an audit prior to allocating funds.
Commr. Burhans stated that he would have the staff look into the cost aspects of such an audit.
BIDS/COUNTY PROPERTY/CLAY PITS
Mr. Ford reported to the Board that their question of whether an appraisal would be required prior to selling County property had been researched and that an an appraisal was not legally required; however, he suggested to the Board that either an opinion of value or an appraisal be obtained for their information in order to assist the Board in awarding or rejecting bids.
ORDINANCES
At this time Commr. Windram announced that the advertised time had arrived for the Public Hearing considering adoption of an Ordinance creating additional gain time allowances for County inmates. The proper proof of publication was on hand as it had appeared in the July 2 and 13, 1982, editions of the Sentinel Star, Little Sentinel Edition.
Sheriff Noel E. Griffin, Jr. was present and informed the Board of his approval of the proposed Ordinance. Chris Ford, County Attorney, stated that Ernest C. Aulls, Jr., Chief Circuit Judge, had been consulted and had contributed to the proposed Ordinance.
On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved to place the proposed Ordinance on the floor for its first and final reading by title only:
AN ORDINANCE CREATING ADDITIONAL GAIN TIME ALLOWANCES FOR COUNTY INMATES; ESTABLISHING PROCEDURES FOR THE AWARD OF ADDITIONAL GAIN TIME ALLOWANCES; PROVIDING A SAVINGS CLAUSE: PROVIDING AN EFFECTIVE DATE.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved adoption of Ordinance #1982-13, as read by title only on its first and final reading.
CONTRACTS, LEASES & AGREEMENTS/HOSPITALS
Christopher Ford, County Attorney, stated his office had been working with Nick Jones, Architect, regarding the contract for architectural services for the proposed ambulance housing and morgue facility. Mr. Ford stated there was a question regarding when the forty-five days were to start as Mr. Jones needed additional information before he could begin work. It was determined that the forty-five day period would commence upon the Chairman signing the contract agreement. Discussion occurred regarding various aspects of the standard architectural contract form which specifically eliminated items that the Board felt were included in their negotiations with Mr. Jones.
Commr. Deems informed the Board that he had learned the County would have to obtain a special permit from the City of Leesburg to construct this facility and the proposed time required was sixty days.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized the County Attorney to work with Mr. Jones regarding the language of the contract and requested the contract be brought back before the Board at a later date.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried, the Board approved the request of Sheriff Griffin to allow expenditure of funds under Ordinance 1982-1, in the amount of $717.50 for enrollment of five employees in the Lake/Sumter Community College Corrections Program. Commr. Deems was not present for the vote.
COMMUNICATIONS/CONTRACTS, LEASES & AGREEMENTS
Discussion occurred regarding a letter from Cauthen, Robuck & Hennings, P.A., requesting the County Commission take any action necessary in order that a study of the Sunnyside area could be done by the Scripps-Howard Cable Services Company for cable services.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board directed that the Clerk correspond with Scripps-Howard Cable Services, Inc., their support that the cable service conduct a survey of the area outlined in Mr. Cauthen's letter of July 7, 1982.
CODE VIOLATIONS/COUNTY POLICIES
Discussion occurred regarding a memorandum submitted to the Board by Jerry R. Sexton, Planning & Zoning Coordinator, regarding formulation of a Code Enforcement Board.
Discussion occurred regarding Lake County cities that had enacted Code Enforcement Boards and the advantages of such a Board. Mr. Sexton reported to the Board the purpose and powers of a Code Enforcement Board, as outlined in this memorandum. Discusion occurred regarding the appeal procedure of the decisions of a Code Enforcement Board. Mr. Sexton outlined additional avenues of enforcement a Board would be able to utilize that the Board of County Commissioners did not have the power to utilize, such as fines and liens against property. Discussion occurred regarding favorable aspects of a Code Enforcement Board to the public in that it would streamline the administrative process and the Board could meet in the evening when the majority of persons coming before the Board would not have to take time off from their jobs.
Discussion occurred and the Board was informed that a Code Enforcement Board would be enforcing Lake County Ordinances and would not be adopting separate Ordinances.
The Board discussed methods to be utilized to inform Lake County professional people as recommended by Florida Statutes, i.e. architects, business people, engineers, general contractors, subcontractors and realtors, that the Board wished to create a Code Enforcement Board, to be comprised of the above professionals. It was the contention of the Board that geographic location within the County should be a consideration in the selection of persons for a Code Enforcement Board.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board directed the Planning & Zoning Department to draft a proposed Ordinance and procedures for a Code Enforcement Board, to be presented to the County Commission for their review on the August 10, 1982, Public Works Agenda.
GRANTS/PUBLIC HEALTH/FIRE DISTRICTS
Mr. Jerry Sexton, Planning & Zoning Coordinator, addressed the Board to submit for their consideration, three applicants requesting funds from the Community Services Trust Fund Grant. Mr. Sexton stated the applicants were the Lake County Council on Aging, Adult Day Care Project requesting $10,300, with a cash match of $14,000; Family Violence, Inc. requesting $10,479, with a cash match of $8,000 and an in-kind match of $2,500; Mt. Plymouth Fire District for a CPR Program requesting $325 for the purchase of three dummies, with a cash match of $325.
Mr. Sexton explained that the Board had the option of choosing one of the applicants or dividing the grant money between the three applicants. Mr. Sexton stated that a total of $10,479 was available from the grant; however, the State may elect to distribute a portion of the grant to cities that may apply.
Michael Willett, Director of Development and Public Works, informed the Board that should the grant monies be appropriated to any of the three applicants and those applicants could not raise the cash match that Lake County would be responsible for the matching funds. It was noted that Lake County Council on Aging, Adult Day Care Project and Family Violence, Inc., both had commitments of funding from the United Way and depending on whether United Way met their goal the funding might be scaled down.
Fran Wright, Sorrento, addressed the Board representing the Mt. Plymouth Fire District requesting $325 of the grant monies to assist training in CPR in the fire district.
Dr. Carolyn Myer, Lake/Sumter Community College, addressed the Board representing Family Violence, Inc. Dr. Myer explained the spouse/family abuse program to the Board and informed the Board that should they approve the grant money requested, it would be used to shelter victims of family abuse through a contract with a similar program in Ocala which will charge $10.00 per night.
ASSESSMENTS/RESOLUTIONS
The Chairman announced that the Public Bearing for the assessment roll for Overton Drive would be postponed for five minutes and would be brought up at 11:05 A.M.
GRANTS/PUBLIC HEALTH/FIRE DISTRICTS (Continued)
Dr. Myer further explained to the Board the Family Violence program and stated at present there were no paid personnel and all work was done by volunteers. Dr. Myer stated it was the wishes of the directors of the program to begin reimbursing the volunteers on a mileage basis.
ASSESSMENTS/RESOLUTIONS
Commr. Windram announced that the previously postponed Public Hearing regarding the assessment roll for Overton Drive would now begin.
Commr. Windram addressed the audience requesting those who wished to object to the assessment roll for Overton Drive to address the Board at this time. No one wished to address the Board regarding the assessment roll for Overton Drive.
Michael Willett, Director of Development and Public Works, informed the Board that each person listed on the assessment roll had been contacted by certified mail with the exception of Mr. cox. Mr. Willett explained that two certified notices had been sent to Mr. Cox, both returned with no forwarding address known.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the assessment roll for Overton Drive, as submitted and advertised.
GRANTS/PUBLIC HEALTH/FIRE DISTRICTS (Continued)
Commr. Windram announced that the third applicant for the Community Services Trust Fund Grant would now be recognized. Mr. David Tabor, Lake County Council on Aging, addressed the Board and stated that funds from this grant appropriated to the Council on Aging the past two years helped in the development of the Senior Citizens Center, recently opened in Leesburg. Mr. Tabor stated he had no doubts of being able to support the cash match requirements of the funds they were requesting. Mr. Tabor stated that the proposal was to enable the Council to bear the administrative costs and operational costs of the Center, while it is operating an adult day care center and other programs. Mr. Tabor explained to the Board additional funding of the adult day care center.
Commr. Windram announced that action on the part of the Board in designating applicants for the grant money would be postponed until after the advertised Public Hearings scheduled for 2:00 P.M. during the afternoon session.
RECESS AND REASSEMBLY
At 11:15 A.M. Commr. Windram announced that the Board would recess for lunch and the Board would reconvene at 2:00 P.M. for the Public Works Agenda.
PUBLIC WORKS AGENDA
ROAD CLOSING - Vacation of portion of Julia Street -Petition
#289
Mr. Willard Johnson, Astor, addressed the Board opposing the closing of this portion of Julia Street due to drainage problems in the area when another portion of Julia Street had been closed. Discussion occurred and it was determined that the drainage problems were actually occuring on Carter Street, but Mr. Johnson stated it was due to the closing of a portion of Julia Street.
Mr. Johnson informed the Board that if the drainage situation was corrected on Carter Street, he would not object to this vacation.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board postponed action on the vacation of a portion of Julia Street between Block 56 and 57, vacation of Lots 5 and 6, Block 57, and Lots 4 and 5, Block 56, according to the Plat of Astor as recorded in Plat Book 2, page 12, Public Records of Lake County, Florida, for Otis M. Lee, as per Petition NO. 289, for one month (August 17, 1982), and directed the Public Works Department to meet with the Petitioner to obtain the necessary drainage easements on Carter Street and possibly Lot 1.
ROAD CLOSING - Vacate a 30' Portion of Roadway - Petition
It was noted that the proper proof of publication was on hand and had appeared in the June 23rd and 30th, 1982, editions of the Sentinel Star, Little Sentinel Edition.
No one present wished to discuss this Hearing with the Board.
On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved vacation of a 30 foot portion of roadway located west of S.R. 19 and east of the Seaboard Coastline Railroad between Lots 37 and 39, Lane and Jackson's Subdivision recorded in Plat Book 7, page 52, Public Records of Lake County, Florida, for James B. Coursey, as per Petition No. 290, described as follows:
That portion of a certain road shown on the plat of Lane and Jackson's Subdivision in Lane Park in Lake County, Florida, according to the plat thereof filed May 21, 1885 in the Office of the Clerk of the Circuit Court of Sumter County, Florida, a tracing of which is filed in Plat Book 7, Page 52 (last page) Public Records of Lake County, Florida, bounded and described as follows: Begin at the intersection of the South line of Block 39 in said Lane and Jackson's Subdivision with the Westerly right of way line of S.R. 19 and run thence West along said South line of Lot 39 to the Easterly right of way line of the S.C.L.R.R., thence Southerly along said Easterly right of way line to the North line of Lot 37 in said Lane and Jackson's Subdivision, thence East along said North line of Lot 37 to the Westerly right of way line of S.R. 19, thence run Northerly along said Westerly right of way line of S.R. 19 to the point of beginning.
ROAD CLOSING - Various 33' road reservations - Petition #291
Michael C. Willett read a letter from Mr. Donald A. Williams opposing closing of these road reservations.
It was noted that the proper proof of publication was on hand and had appeared in the June 23rd and 30th, 1982, editions of the Sentinel Star, Little Sentinel, Edition.
Mr. William Zeiher, representing the Petitioner, National Oil and Gas, Inc., addressed the Board to answer any questions they might have concerning this Hearing. Mr. Zeiher gave the Board a brief history of the property in question.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved vacation of various 33 foot road reservations all located in Sections 21 and 22, Township 24 s, Range 25 E, for National Oil and Gas, Inc., by William A. Zkiher, Esquire, as per Petition No. 291, described as follows:
Road Reservation over the N 33' of the W l/2 of the NE l/4 of the SE l/4 of the SE l/4; Road Reservation over the E 33' of the SE l/4 of the NE l/4 of the SE l/4 of the SE l/4; Road Reservation of the N 33' of the E l/2 of the NW l/4 of the SE l/4 of the SE l/4, all in Section 21, Township 24 S, Range 25 E, reserved in that certain Deed from the County of Lake, State of Florida, to Leroy Bronson, filed on January 16, 1952, in Deed Book 320, Page 483, of the Public Records of Lake County, Florida; and Road Reservation over the W 33' of the SE l/2 of the NW l/4 of the NW l/4 of the NE l/4, of Section 21, Township 24 S, Range 25 E; and the S 33' of the S l/2 of the SE l/4 of the SW l/4 of the NW l/4 of Section 22, Township 24 S, Range 25 E, as reserved in that certain Deed from the County of Lake, State of Florida, to Leroy Bronson, filed on February 13, 1952, in Deed Book 321, Page 412, of the Public Records of Lake County, Florida; Road Reservation over the W 33' of the W l/2, of the SW l/4 of the NE l/4, of the SE l/4 in Section 21, Township 24 S, Range 25 E, reserved in that certain Deed from the County of Lake, Sate of Florida, to Leroy Bronson, filed on January 16, 1952, in Deed Book 320, Page 483, of the Public Records of Lake County, Florida; Road Reservation over the N 33' of the W l/2 of the SW l/4 of the SE l/4 of the NW l/4 in Section 21, Township 24 S, Range 25 E, reserved in that certain Deed from the County of Lake, State of Florida, to Leroy Bronson, filed on January 16, 1952, in Deed Book 321, Page 412, of the Public Records of Lake County, Florida.
ROAD VACATIONS - Approval to Advertise - Petition #292
Frederick J. Catalano, Attorney representing L. R.
Huffstetler, Inc., was present to answer any questions of the Board.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to advertise vacations of a portion of Jackson Street west of C-561 between Lots 13 and 14 and between Lots 9 and 10, Block L, according to the Plat of Astatula recorded in Plat Book 1, page 12, Public Records of Lake County, Florida, and the intersection between the above mentioned Lots, for L. R. Huffstatler, as per Petition No. 292.
The Board directed the Public Works staff to research this request to provide a recommendation at the Public Hearing.
GRANTS/PUBLIC HEALTH/FIRE DISTRICTS (Continued)
Discussion continued on the Community Services Trust Fund Grant and the applicants that had appeared before the Board during the morning session.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board authorized the Planning Department to apply for grant monies under the Community Services Trust Fund Grant with $325.00 of the funds received from the grant being allocated to the Mt. Plymouth Fire District to be used for training in CPR.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request of Family Violence, Inc. to receive $3,000.00 of the grant money received and the balance of funds received be allocated to the Lake County Council on Aging, Senior Services Day Care Center. It was further clarified in the motion that should Lake County not receive the total amount of grant money that the money received would be distributed on a diluted percentage basis to Family Violence, Inc. and the Senior Citizens Day Care Center with the Mt. Plymouth Fire District allocation of $325.00 being subtracted from the total amount received prior to the percentage distribution to the other two programs.
PLATS/SUBDIVISIONS
Discussion occurred regarding a request from the developers of Shenandoah Subdivision for preliminary Board approval for Phase I of the subdivision. Concern was expressed over the access road to the Shenandoah Subdivision.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board postponed preliminary approval of Phase I of Shenandoah Subdivision and directed the Public Works Department to discuss the concerns of the Board with the Department of Transportation in DeLand, and the developers of the Subdivisions.
COUNTY POLICY/RESOLUTIONS/ROADS, COUNTY & STATE
Michael Willett, Director of Development and Public Works, presented to the Board the final draft, with revisions, of the Lake County Road Policies. Mr. Willett brought to the attention of the Board the revisions that had been made since the last draft of the road policies had been reviewed.
Mr. Willett stated it was the staff's recommendation that a revision be incorporated into the road policy that once unmaintained collector roads have been brought up to County clay road standards at property owner expense, that these roads be brought into the County maintenance system and should such roads be placed on the priority list, they would be paved with County funds.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board authorized the revision that all clay roads accepted after April 1, 1982, except those designated as collectors shall be paved only at the expense of the adjacent property owners, and authorized a Resolution to be drawn adopting the Lake County Road Policies, as amended.
Discussion occurred regarding the point system of agricultural area roads and industrial area roads and Mr. Willett stated he would review this portion of the point system.
PUBLIC WORKS/WATER AUTHORITY
Discussion occurred regarding a request from Mr. Bob Ray, Oklawaha Basin Recreation and Water Conservation and Control Authority, that an access Road to Cherry Lake Dam be repaired. Mr. Ray was informed that one alternative would be to do the repairs on a one-time maintenance agreement and directed the Public Works Department to work with Mr. Ray to determine if this was a dedicated road or private drive, and work with him regarding alternatives to get the road repaired.
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved partial payment to Martin Paving Company on S.R. 42 Project in the amount of $35,329.72 from Secondary Funding.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the following payments to Leecon, Inc.:
1. Partial payment on Project #4-81, C-561, in the amount of $7,764.75, from Secondary Funding.
2. Partial payment on Project #7-82, 3-1040, Lakeshore Drive, in the amount of $23,305.77, from Revenue Sharing Funds.
3. Partial payment on Project #9-82, SR 450, in the amount of $4,662.00, from Secondary Funding.
PUBLIC WORKS/ROADS, COUNTY & STATE
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved one-time maintenance on Fisherman's Road Extension for A.R. Dixon in the amount of $435.00.
DEEDS/RIGHT OF WAYS - ROADS, EASEMENTS
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board accepted a non-exclusive easement on Altoona Road 5-8272 from Judson L. Davis and Pat J. Davis.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board accepted a non-exlusive drainage easement on Boys Ranch Road #5-8572, from Sharon S. Price, Theodore A. Smith, Jr., and Betty Shouse Smith, his wife.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board accepted non-exclusive easements on Casteen Road #2-4106 from the following:
1. Orville A. Kidder and Violet M. Kidder
2. Jessee B. Story and Reva A. Story
3. Pauline C. Hall
4. Arnold L. Bradberry and Betty L. Bradberry
5. William L. Johnson and Mary Janet Johnson
6. Geraldine S. Wallick
7. James P. Macaluso and Norma J. Macaluso
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board accepted right-of-way deeds on Wolf Branch Road #4-4581 from the following:
1. Donald E. Stephens and Carol S. Stephens
2. Carmelita Gourley
3. George C. Jerue
On a motion by Commr. Smoak, seconced by Commr. Deems and carried unanimously, the Board accepted a right-of-way deed on Gano Road #2-1523A from Bin G. Harmon.
DEEDS/RIGHT-OF-WAYS - ROADS, EASEMENTS
Commr. Deems moved to release road reservations from the Department of Transportation as listed on the Public Works Agenda. Discussion occurred regarding the release of all reservations on S.R. 44 for Deed #911. Commr. Deems withdrew his motion.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board released the following road reservations from the Department of Transportation for the following deed numbers:
#405, all but 40 feet from the centerline of Radio
Road #l-5433
#1389, all but 33 feet from the centerline of Eagle
Nest Road #l-6611
#2579, all but 25 feet from the centerline of Quaker Ridge
Avenue (Mt. Plymouth Area)
#911, all but 50 feet from the centerline of S.R. 44
BONDS - MOBILE HOME
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request from the following persons to live in mobile homes on the same piece of property on which their conventional dwellings are being built,.subject to the proper bonds being posted and with the understanding that the mobile homes will be removed immediately upon the completion of the dwellings or upon the request of the Board of County Commissioners:
1. Elliot & Martha Cohen-Eustis Area-District #4
2. Timothy E. Steedman-Eustis Area-District #4
Included in the motion was the approval to cancel the Mobile Home Bond of Keith Jones upon completion of construction of the conventional dwelling unit and removal of the mobile home.
ELECTIONS/RESOLUTIONS
Discussion occurred regarding the proposed Resolution placing a question on the upcoming ballot of an additional one cent motor fuel tax to upgrade and maintain Lake County's road system. Commr. Smoak stated it was his feeling that the wording of the question as it now appears on the second draft of the Resolution should be simplified.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board approved follow the necessary and proper procedure to place on the September Primary Ballot the following question:
Road Improvement Program
One Cent Gas Tax
Lake County has over miles of inferior roads. In order to place the burden on all users of roads and not just on local taxpayers, Lake County proposes a one cent tax on every gallon of motor fuel sold in Lake County, the funds to be used exclusively to upgrade and maintain Lake County's road system.
Do you favor the additional one cent tax?
Yes No
Commr. Burhans voted "NO".
PUBLIC WORKS/ROADS, COUNTY & STATE
Mr. Willett informed the Board that two roads presently under County jurisdiction were to be turned back to the appropriate City jurisdiction as of July 1, 1982. The first road to be considered is Thomas Avenue from Griffin Road to S.R. 44 and the other road is Donnelly Street from Old U.S. Highway 441 to Lemon.
Mr. Willett stated a request had been received from the City of Mount Dora to resurface Donnelly Street and it was the recommendation of the Public Works Department for the County to accomplish the necessary resurfacing with Secondary Funds and turn the jurisdiction of the road back to the City of Mount Dora.
Discussion occurred regarding maintenance of the railroad tracks along Thomas Road. Mr. Willett stated that Foremost had contracted to maintain the spur track and the other crossings were the responsibility of the railroad.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board approved the jurisdiction transfer of Donnelly Street from Lemon to Old U.S. Highway 441 to the City of Mount Dora and approved for the Public Works Department to seal bid the resurfacing of said street. Included in the motion was the jurisdiction transfer of Thomas Avenue from Griffin Road to S.R. 44 to the City of Leesburg.
Commr. Smoak was not present for the vote.
ESCROW/LANDFILL
Discussion occurred regarding the required landfill escrow deposit requirement for Town and Country Refuse, Inc. Mr. Willett stated due to the large volume of business Town and Country does with the landfill that the required deposit would be approximately $18,000 to $20,000 and that State Law required the escrow deposits. The Board authorized the County Attorney's Office to work with Town and Country Refuse, Inc. on legal alternatives to a cash escrow deposit.
PUBLIC WORKS/FAIRGROUNDS
Jim Stivender, Engineering Department, presented the Board
proposed plans for improvements to the road and drainage at the
Lake County Fairgrounds with estimated costs being $20,000.00.
Mr. Stivender informed that the proposed drainage plan had been
approved by the Department of Transportation.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the road and drainage improvement plans for the roads at the Lake County Fairgrounds and authorized the Public Works Department to prepare the bids.
HOSPITALS/PUBLIC HEALTH
Mr. Stivender presented to the Board three alternative sites
for the proposed ambulance housing and morgue facility to be located in Leesburg, Florida.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved Site #3 as submitted and described as an area of land between Dixie Avenue and the Lake Memorial Nursing Home fronting on Rambo Street.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously the Board authorized the Planning Department to work with the City regarding the special exception permit required on this facility and request the City to expedite issuance of a permit as much as possible.
BONDS - MOBILE HOME/COUNTY POLICY
Mike Willett presented to the Board a memorandum regarding revising the procedures in the issuance of Mobile Home Bonds. Mr. Willett stated that the only change from the present policy would be to not require a bond on a legally constructed mobile home should the owner wish to construct a conventional dwelling on the same piece of property. Mr. Willett stated that this change would not affect the procedure if a person wished to live in a mobile home while they were building a house if the area was not zoned for mobile homes or the mobile home did not meet building requirements.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board approved the following guidelines for Lake County requiring Mobile Home Bonds:
1. Where a legal mobile home is established, or will be established the County not require the person to obtain a bond. A legal mobile home being a mobile home that meets both building and zoning requirements.
2. If either the zoning or the mobile home does not, or will not meet County requirements, then a mobile home or travel trailer would have to be bonded. Also, in a subdivision that is predominantly conventional houses, the County continue to require a petition so that the surrounding property owners are aware of what is happening.
3. Where a small R-l-5 lot exists and due to difficulties encountered by the staff because of physical reasons to site both units during construction, the staff may have the option of turning the request down. In cases where 5,000 square foot lots with 2,500 square feed of improvements, the location of the house and mobile home may not be feasible or practical.
Commr. Burhans voted "NO".
The Board requested the Planning Department to monitor the new procedure very closely and report back to the Board on the progress or any problems encountered.
PUBLIC WORKS/ROADS - COUNTY & STATE
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board denied a contractor's request to pave Hollondel Road #2-3215 without obtaining the necessary right-of- way. The Board directed Mr. Willett to inform the contractor that they would have no objection to the paving if enough right-of-way or non-exclusive easements were obtained to allow sufficient drainage plans.
PUBLIC HEALTH/RESOLUTIONS
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board authorized the County Attorney's Office to incorporate into a proposed Resolution placing the question of Lake County funding the Family Planning Council a directive that the question be placed on the November General Election Ballot.
POLLUTION CONTROL/RESOLUTIONS
Mr. Ted Wicks, Pollution Control Director, addressed the Board regarding a Resolution forwarded from the Pollution Control Board to the County Commission regarding the City of Mt. Dora's effluent disposal site on Highway 19A.
Discussion occurred regarding the action taken by the Pollution Control Board. No action was taken on this matter.
COMMUNICATIONS/RESOLUTIONS
Commr. Windram read a letter from the American Ideals Foundation requesting the Board proclaim September 18, 1982, as "Solidarity Day.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board directed the County Attorney to draw an appropriate Resolution regarding the request of the American Ideals Foundation and authorized signature of same.
There being no further business to be brought before the Board, the meeting adjourned at 4:00 P.M..
Thomas J. Windram, Vice Chairman
James C. Watkins, Clerk
CBR/7/23/82