A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
FEBRUARY 15, 1983
The Lake County Board of County Commissioners met in regular session on Tuesday, February 15, 1983, at 9:00 a.m., in the Board of County Commissioners Meeting Room, Lake County Courthouse, Tavares, Florida. Present at the meeting were: Thomas J. Windram, Chairman: James R. Carson, Jr.; Claude E. Smoak, Jr.; C. A. "Lex" Deems; and Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Cathy B. 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. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the Minutes of February 8, 1983, as submitted.
MEETINGS
Commr. Carson reported to the Board on the meeting of the State Association of County Commissioners and informed them of possible legislation this year regarding impact fees.
AGRICULTURAL CENTER/RESOLUTIONS
Commr. Windram stated a letter had been received from the Secretary of Agricultural regarding their request to Gov. Graham to designate March 21, 1983, "Agricultural Day" and requesting support from the County Commission.
ACCOUNTS ALLOWED/GAME AND FRESH WATER FISH COMMISSION
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved an expenditure of $219.95 for a Poulan 25-DA Bar Chain Saw for use by the Game and Fresh Water Fish Commission with funds to be taken from the Fishing Improvement Fund Account.
BUDGET TRANSFERS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the budget transfers as submitted and listed below. The Board requested clarification on the transfer of $6,000.00 from account 001-599-1-00-99-000-999, Contingency Reserve to account 001-537-1-00-43-000-410, Communications.
GENERAL FUND
Transfer $l,OOO.OO from account 001-599-1-00-99-000-999 Contingency Reserve to account 001-511-1-00-01-010-400 Travel and Per Diem. Reason: Overexpended.
PERSONNEL
Transfer $300.00 from account 001-513-1-00-14-000-315 Hospital/ Professional Care, $200.00 from account 001-513-1-00- 14-000-400 Travel and Per Diem to account 001-513-1-00-14-000-495 Advertising. Reason: Under-budgeted
PURCHASING
Transfer $500.00 from account 001-513-1-00-15-010-340 Contract Services to account 001-513-1-00-15-010-462 Equipment Maintenance. Reason: Charged to wrong account.
BUILDING CUSTODIAN
Transfer $22.00 from account 001-519-1-00-16-100-529 Miscellaneous Supplies or Materials to account 001-519-1-00-16- 100-340 Contractual Services. Reason: Overexpended.
PLANNING DEPARTMENT
Transfer $1,854.00 from account 001-599-1-00-99-000-999 Contingency Reserve to account 001-515-1-00-18-010-640 Machinery and Equipment. Reason: Overexpended.
AG. DEPARTMENT
Transfer $5,000.00 from account 001-599-1-00-99-010-999
Contingency Reserve to account 001-537-1-00-43-000-640 Machinery and Equipment. Reason: Board approved 10/19/82.
Transfer $6,000.00 from account 001-599-1-00-99-000-999 Contingency Reserve to account 001-537-1-00-43-000-410 Communications. Reason: Not budgeted for telephone service.
FINE AND FORFEITURE
Transfer $5,000.00 from account 111-516-1-00-01-020-491
Expert Witness Fees to account 111-516-1-00-01-020-499 Other
Miscellaneous Costs. Reason: Overexpended.
Transfer $5,000.00 from account 111-517-1-00-52-070-331 Appearance Fees - Court Proceedings to account 111-517-1-00-52- 070- 332 Transcripts Appeals/Other. Reason: Overexpended
Transfer $3,000.00 from account 111-517-1-00-52-070-333 Appearance Fees - Reports/Depositions to account 111-517-l-00-52-
070-334 Transcripts - Depositions. Reason: Overexpended.
ACCOUNTS ALLOWED/COURTS-JUDGES
On a motion by Commr. Carson, s econded by Commr. Smoak and carried unanimously, the Board approved payment of invoices from The Reporting Company in the amount of $744.93, submitted by The Honorable Ernest C. Aulls, Jr., Chief Judge, for investigation purposes.
LICENSES AND PERMITS
On a motion by Commr. Burhans, seconded by Commr. Deems and
carried unanimously, the Board approved the following Gun Permits
and Bonds:
Pat Denman - New Simon Brown - Renewal
Arthur Blundell - Renewal Barney Gorski - Renewal
Jerry Lockett - Addition Dana M. Pincus - Addition/Deletion
BONDS - CONTRACTOR
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the following Contractor Bonds and cancellations of Contractor Bonds:
New
#1336-83 Michael Coven - General Class C
#3096-83 Terry Ross - Residential
#3099-83 W. W. Jones - Building
#4000-83 Marcus T. Smith - Building
Cancellation
#1875-80 William Dehoog - General
ASSESSMENTS/CLERK
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved to execute and record the following Satisfaction of Assessment Liens:
Ravenswood Park Subdivision
Jerry C. Chapel
Dora Park Estates
William D. Boehmer - Lot 3
Robert E. Milota - Lot 18, Lot 17 and Lot 16
James P. Loflin - Lot 14 and Lot 15
Donald G. Falkner - Lot 13
Sharon Schultz - Lot 7
Pomerosa Subdivision
Niel W. Barton - Lot 11 and Lot 12
Harkless Hoskins - Lot 10
The Board discussed with the County Attorney alternatives to to recording these liens if the property owners are paying immediately.
Mr. Ford informed the Board that any alternative would require as much clerical work as recording the liens and probably would not be as legally sound.
REPORTS/RESOLUTIONS/CLERK
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the monthly reports from Lake County Senior Services for January, 1983.
The Board discussed the Resolution received from Gadsden County regarding their disapproval of closing the A. G. Holley State Hospital. Mr. Watkins stated that data was being collected by his office and a report would be forthcoming.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of the Distribution of Traffic/Criminal Cases for the week ending January 31, 1983, and February 4, 1983.
BUILDING COMMITTEE/EMERGENCY SERVICES/SHERIFF'S DEPARTMENT
Mr. Watkins reported to the Board that the Building Committee had studied and discussed the request of Sheriff Griffin to lease or purchase the building across the street from the new Court-house, housing the law office of Michael Norvell. Mr. Watkins stated that the Committee did not recommend pursuing the purchase or leasing of this office due to the lack of parking with this building (two spaces), and informed the Board that another governmental agency was actively pursuing the purchase or leasing of this building. Mr. Watkins stated it was the feeling of the Committee that other space now owned by the County would be adequate for the Sheriff's needs.
The Building Committee requested that the Board allow the Committee to work with the Sheriff's Department and to meet with Bob Lewis of Emergency Services regarding several alternatives the Committee had come up with to allow the Sheriff's Department use of the office space now housing the Emergency Services Department. Mr. Watkins stated the Committee would report back to the Board on March 8, 1983.
Sheriff Griffin addressed the Board and stated he felt that the offices now housing Emergency Services would be sufficient for his needs with some remodeling and the possibility of purchasing a copy machine and adding one clerk.
The Sheriff and the Board discussed the addition of a branch office of the Sheriff's Department recently opened in South Lake county.
RECESS AND REASSEMBLY
At 9:35 a.m. the Chairman announced the Board would recess until 1O:OO a.m.
ORDINANCES - PUBLIC HEARING
The Chairman announced that the advertised time had arrived to consider an Ordinance establishing a Deferred Compensation Program for Lake County employees. It was noted that the proper proof of publication was on hand as it had appeared in the January 25 and February 8, 1983, editions of the Sentinel Star, Lake Little Sentinel.
Mr. Jim Zengle, National Association of Counties, addressed the Board to explain the program and stated should the Ordinance be adopted he would schedule meetings with those employees interested in the program.
On a motion by Commr. Carson, 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 TO ESTABLISH A DEFERRED COMPENSATION PLAN
TO BE MADE AVAILABLE TO ALL ELIGIBLE COUNTY EMPLOYEES, ELECTED OFFICIALS AND INDEPENDENT CONTRACTORS PURSUANT TO FLORIDA STATUTES CHAPTER 112 AND SECTION 457 OF THE INTERNAL REVENUE CODE; TO ADOPT THE NATIONAL ASSOCIATION OF COUNTIES DEFERRED COMPENSATION PLAN; TO AUTHORIZE THE CLERK OF THE BOARD OF COUNTY COMMISSIONERS TO ENTER INTO DEFERRED COMPANSATION AGREEMENTS: TO AUTHORIZE THE CLERK OF THE BOARD OF COUNTY COMMISSIONERS TO ACT AS ADMINISTRATOR OF THE PLAN; PROVIDING AN EFFECTIVE DATE; PROVIDING A SEVERANCE CLAUSE.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved Ordinance 1983-3, as read
by title only on its first and final reading.
WATER RESOURCES/REPORTS
Commr. Smoak introduced to the Board Mr. Aaron Dowling, Assistant Executive Director of the East Central Florida Regional Planning Council, and stated Mr. Dowling was instrumental in the compilation of the Final Report, Executive Summary of the Upper Palatlakaha Basin Comprehensive Water Study.
Mr. Dowling addressed the Board and presented an overview of the Upper Palatlakaha Basin Comprehensive Water Study. Mr. Dowling stated some of the significant conclusions identified as a result of information produced in the project included:
2. General water quality conditions in the Upper Palatlakaha Basin have remained relatively stable over the past fifteen years;
3. Stormwater runoff from land surfaces conveys most of the nutrients and pollutants into the waterbodies;
4. Most of the nitrogen being conveyed into Lake Louisa comes from streamflow, while most of the phosphorus comes directly from rainfall on the Lake's surface;
5. Streamflow into Lake Louisa contained wide ranges in the amounts of nitrogen due to swamps being filled and flushed out with water following long dry spells;
6. Nearly half of the water being discharged into Lake Louisa comes from streamflow, while a little over 40% comes from rainfall directly on the Lake's surface. About 10% of the water into Lake Louisa is from groundwater seepage.
7. Streamflow volumes in Big and Little Creeks were found to be extremely variable, with no flows being experienced for varying lengths of time;
8. The Big and Little Creek watersheds consist of many (127) individual watersheds, ranging in size from sixteen to thousands of acres.
9. Relatively minor variations in topography (several feet) have been sufficient to create surface water storage areas of hundreds of acres in size. Existing topographic information is inadequate to use to identify water storage areas in the Upper Palatlakaha Basin;
10. Rainfall patterns have been variable in the area, with the Clermont area receiving more rainfall than the Polk City area. Recent rainfall amounts have been about 12-18% lower than the long term (90 year) average;
11. Hindrances to surface water flows in the Big and Little Creek drainage areas have had an impact on the volumes of water reaching the Clermont chain of lakes.
12. Significant volumes of water have been diverted out of Little Creek and into the Withlacoochee River through man-made canals;
13. Groundwater levels in the Floridan Aquifer have generally dropped up to 10 feet over the past several years due to several factors;.
14. Because of the lowered groundwater levels, more rainfall is required to produce surface streamflow than was necessary in the past:
15. Recharge to the Floridan Aquifer takes place within the Upper Palatlakaha Basin;
16. Water management practices on agricultural lands exert a significant influence on water quantity and quality in the Upper Palatlakaha Basin; and
17. various regulatory agencies accomplish a relatively small amount of mutual assistance in the performance of their surveillance and enforcement activities in the Upper Palatlakaha Basin.
Extensive discussion occurred on the above findings and Mr. Dowling expressed that work with Polk County was critical due to the interconnection of the two counties in regard to this report.
Commr. Smoak reported to the Board that the Southwest Water Mangement Water Storage Plan for a retention area in this vicinity will be presented at several public hearings beginning March 21, 1983. Commr. Smoak stated he would make this information available to the Commissioners. Commr. Smoak stated that there will be a very large storage area of impoundment if this plan is implemented and stated the Board of County Commissioners should present their interest and concern based on the information presented by Mr. Dowling.
Included in the study was a summary of the agencies and key responsibilities of the following agencies:
Lake County Board of County Commissioners
Polk County Board of County Commissioners
Lake County Water Authority
Lake and Polk County Soil and Water Conservation Districts
St. Johns River Water Management District
Mr. Dowling outlined the recommendations in the report of the carry-on responsibilities of the Board of County Commissioners. It was noted interaction between each of the above listed agencies would be necessary to carry out the recommendations in the report. Mr. Dowling stated it was recommended that a petition be formulated and forwarded to the Department of Environmental Regulation requesting designation of the portion of the Upper Palatlakaha Basin consisting of the Big and Little Creek watersheds upstream of Lake Louisa as an Outstanding Florida Water.
Mr. Will Davis, project Director of the Palatlakaha Study, addressed the Board and thanked the members of the Technical Committee, Pollution Control Department, Public Works and Planning Departments for their cooperation and input in the study. Commr. Smoak also expressed appreciation to the Pollution Control Department and the City of Clermont.
Mr. Mike Stearman, Chairman of the Oklawaha Recreation, Water Conservation and Control Authority (Water Authority) addressed the Board stating it was his intent to bring before the Authority consideration that they assume the responsibilities outlined in the Palatlakaha Study contingent upon the Board of County Commissioners implementing a program to assume the responsiblities outlined in the Study.
Discussion occurred regarding the possiblity of legislation to increase the number of persons on the Oklawaha Recreation, Water Conservation and Control Authority, and Mr. Stearman stated it was not the recommendation of the Authority to change the number of members. The possibility of using the same boundaries of the County Commission Districts should there be an increase was discussed and Mr. Stearman stated that although this had not been addressed by the Authority that he had no objection to using those boundaries.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board accepted the Upper Palatlakaha Basin Comprehensive Water Study and scheduled a workshop to be held at 2:00 p.m. on March 1, 1983, for the Board to discuss the portion of the report requesting action and continuing participation of the Commission. Commr. Smoak requested that Mr. Dowling be present as well as the members of the Technical Committee. Commr. Smoak stated that during the workshop the Board review the recommendations of this report and to make tentative decisions for implementation.
MOSQUITO-AQUATIC WEED CONTROL/REPORTS
Mr. Eric Cotsenmoyer, Aquatic Weed Department, addressed the Board to present a report prepared regarding the Lake County Aquatic Plant Program outlining the definitions of the problem with a suggested solution to the problem. Mr. Cotsenmoyer stated at the present time Lake County Aquatic Plant Control has been working with the Water Authority in the management of hydrilla with the Water authority responsible for survey, lay out of the treatment areas and water chemistry monitoring necessary to insure safe application. The Aquatic Plant Control has been responsible for the application of the herbicide as deemed necessary by the Water Authority for hydrilla control. In addition, Lake County Aquatic Plant Control has had the responsibility of management of floating and emergent noxious plants within the county's waterways. Mr. Cotsenmoyer stated that at the present time the equipment and manpower of the Aquatic Plant Control are inadequate for proper plant management throughout Lake County.
Mr. Cotsenmoyer stated it was estimated the present program would need to be increased 100% in funding to implement a County- wide aquatic weed program for eradication at an acceptable level.
Commr. Windram suggested that the aquatic weed problem be addressed when the Commission meets with the Legislative Delegation as this is actually a State-wide problem as well as a Countywide problem.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board requested the Public Works
Department, Pollution Control Department, and Aquatic Weed Control Department get with the Water Authority to develop a workable containment and eradication program to include the financial needs in the areas listed below:
1. Manpower
2. Equipment
3. Chemicals
4. Possible Funding Sources (State and Federal)
It was requested that this information be brought back before the Board in such a time frame that this could be considered in the Lake County Budget Workshops.
Mr. Will Davis invited the Commissioners to a meeting with the residents of Lake Yale at one of the mobile home parks located on Lake Yale to inform the public of the aquatic weed problem. Mr. Davis stated the date had not been set as yet and he would keep them advised.
MOBILE HOME ADVISORY BOARD/APPOINTMENTS/REPORTS
Mr. Louis Peters, Secretary-Treasurer of the Mobile Home Advisory Board, addressed the Board for the yearly report of the Mobile Home Advisory Board. Mr. Peters requested that a change be made in the by-laws of the Mobile Home Advisory Board to reflect that they will meet upon demand of the Chairman when a complaint is received. Mr. Peters reported that the Board had heard three complaints in which ten dollars each had been collected. Mr. Peters explained complaints heard by the Mobile Home Advisory Board.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved reappointment of Mr. Harry Galbraith, Mr. Mel Bishop and Mr. Robert Adkins to the Lake County Mobile Home Advisory Board for an additional two year period and directed letters of appreciation be written also informing the above named of the action of the Board to reappoint them for another two year term.
Mr. Peters informed the Board a balance of $80.22 existed in the Mobile Home Advisory Board Account.
The Board directed the County Attorney to assist in the change in the by-laws regarding the meeting times.
ACCOUNTS ALLOWED
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved payment of Warrant #30763 through #31027 for the following accounts:
General Revenue Fine & Forfeiture
County Transportation Trust Mosquito Control
Aquatic Weed Fish Conservation Fund
N.E. Hospital N.E. Ambulance
N.W. Ambulance Section 8
Boating Improvement Law Enforcement Trust
CETA COR Buildings
Nursing Home Landfill
County-wide Library Special Assessment
ACCOUNTS ALLOWED/CETA
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the travel request of Mr. James Flowers to attend a meeting of the Job Training Coordinating Council to be held on February 24 and 25, 1983. The Board included approval for the Chairman to attend this meeting if possible.
LAWS AND LEGISLATION/FINANCE
Discussion occurred regarding information received from Collier County requesting the Legislative Delegation present an amendment to Florida Statute 200.001 (8)(g) providing the "aggregate millage" definition for calculating the tax cap imposed last year as a part of the Local Government One-Half Cent Sales Tax Legislation. This was turned over to the County Attorney for his review.
The Board requested that Mr. Wilson present to the Board the
report requested at an earlier meeting regarding this and requested Mr. Wilson be present at the Board's meeting with the Legislative Delegation to present this.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board requested that the Clerk correspond to the Lake County Legislative Delegation requesting that their staff be directed to copy the Lake County Board of County Commissioners on any proposed legislation that affects Lake County.
RECESS AND REASSEMBLY
The Chairman announced at 11:50 that the Board would recess for lunch with each Commissioner lunching individually and that the Board would reconvene at 2:00 p.m. for the Public Works Agenda.
PUBLIC WORKS AGENDA
ROAD CLOSINGS
Petition #303 - Right of Way - Unrecorded Plat of Higley
No one present wished to discuss this closing with the Board.
It was noted that the proper proof of publication was on hand as it appeared in the December 28, 1982, and January 4, 1983, editions of the Sentinel Star, Lake Little Sentinel.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved vacation of that right of way running north and south lying between Lots 6 and 7, and vacate Lots 5, 6, 7 and 8, all being in Block 16, unrecorded Plat of Higley, Section 1, Township 18 south, Range 25 East for Loring E. Johnson, by Paul W. Bryan II, as per Petition No. 303.
Petition #308 - Unnamed Road - Plat of Higley
No one present wished to discuss this closing with the Board.
It was noted that the proper proof of publication was on hand as it appeared in the January 25 and February 1, 1983, editions of the Sentinel Star, Lake Little Sentinel.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to vacate an unnamed road running down the center of Block 47 and 52, unrecorded Plat of Higley, Section 12, Township 18 South, Range 25 East, Lake County, Florida, for Keith Shamrock, as per Petition No. 308.
Petition #309 - Various Roads in Sunnicrest Subdivision
Mr. Del Hollingsworth, Route 6, Box 321, Leesburg, Florida, addressed the Board in objection to this closing. Mr. Hollings-worth stated his specific objection was the closing of the portion of Oakland Avenue from Sunnyside to Indianola, as this portion affected his property and would close an access he presently has to his property.
Mr. Hollingsworth stated he wished to utilize this access to his property and had future plans that would necessitate the utilization of this access. It was noted that the property had two other ways to access said property. Mr. Hollingsworth also stated the roads into the property had attracted him when he purchased the property and he had plans to improve this particular access to utilize it.
Mr. Charles Rosenbalm, Route 6, Box 318, Leesburg, addressed the Board stating that this area has a drainage problem and the roads are unclayed, unmaintained roads and the purpose of the closing was to limit the use because of an erosion problem. Mr. Rosenbalm also stated that this right of way was within 30' of his house and he also wished to close it because of his children.
Mr. Terry Edwards, Route 6, Box 317, Leesburg, addressed the Board in favor of the closing stating that prior to this right of way being blocked there was a problem with people using the road at night causing noise and other problems. Mr. Edwards stated he had placed a concrete slab on the right of way as it was already overgrown and it was hoped this would help alleviate the erosion problem. Mr. Edwards also pointed out there were two acceptable ways to access Mr. Hol lingsworth's property.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board denied Petition #309.
Commr. Smoak voted "NO", and questioned whether the County had any plans to improve the roadway.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board voted to reconsider Petition #309.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board denied the portion of Petition #309 to vacate Oakland Avenue from Sunnyside to Indianola and approved the portion of Petition #309 to vacate Woodland Avenue from Sunnyside to Alhambra, Alhambra Boulevard from Woodland to Oakland and vacate Lots 6, 8, and 12, Block F; Lots 5 through 12, Block H, Lots 1, 2, 3, 4, 6 and 8, Block I; Lots 5 and 7, Block J; and Lots 5 and 7, Block K in Sunnicrest Subdivision as recorded in Plat Book 5, page 73, Public Records of Lake County, Florida, for Charles Rosenbalm. Comm. Smoak voted "NO".
ROAD CLOSING - Permission to Advertise - Petition #3lO
Mr. Jack Williams was present to discuss this with the Board.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved to advertise the vacation of that part of Hood Avenue, according to the plat of the Town of Conant recorded in Plat Book 1, page 8, Public Records of Sumter County, Florida (now Lake County) lying East of the East line of Third Street, Town of Conant, and Westerly of the Easterly line of the right of way of the Seaboard Coast Line Railroad in Section 8, Township 18 South, Range 24 East, Lake County, Florida, for Frederick and Phyllis Miller by John C. Williams, Jr., as per Petition No. 310.
ROAD CLOSING - Permission to Advertise - Petition #311
No one present wished to discuss this request with the Board.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved to advertise to vacate two unnamed roads running south from District Road #5-8134 and paralleling with C-452 (approximate length of each road is 609') The first road being approximately 300 feet and the second road being approximately 995 feet west of C-452 being in Blocks 10 and 11 of the unrecorded Plat of Higley, in Section 1, Township 18 South, Range 25 East, Lake County, Florida, for James Paynter, Jr., and James Adams, as per Petition No. 311.
ROAD CLOSING - Permission to Advertise - Petition #312
Mr. J. M. Vander Meer was present to discuss this request with the Board. Mr. Vander Meer stated that he had given easements to the two property owners that accessed their property through this right of way and they will be using the roads accessing the subdivision and are in agreement with this arrangement.
Commr. Smoak discussed this request with Mr. Vander Meer and requested that the staff contact the City of Minneola regarding this closing for their recommendation.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to advertise to vacate that road right of way lying along the South boundary of Tract 57 in Section 9, Township 22 South, Range 26 East, and the North boundary of Tract 8 in Section 17, Township 22 South, Range 26 East according to the map showing the property of Lake Highlands Company, as recorded in Plat Book 3, page 24, Public Records of Lake County, Florida, for V. M. Groves, Inc., by J. M. Vander Meer, as per Petition No. 312. Mr. Vander Meer agreed to have the boundary line surveyed again with the results present during the Public Hearing.
RESOLUTIONS/ROADS-COUNTY & STATE/SUBDIVISIONS
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the Pelican Isle Estates Mobile Home Subdivision Plat for recording, accepted and agreed to execute the Maintenance Escrow Agreement in the amount of $4,045.00, and accepted the following roads into the County maintenance system:
1. South Pelican Isle Drive #2-3211
2. North Pelican Isle Drive #2-3211A
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the following payments:
1. Payment to Columbia Paving, Inc., for the paving of additional widening on SR 450 in the amount of $52,225.59 from Secondary Funding.
It was noted that this would have been a final payment, however, staff recommended withholding $5,OOO.OO until such time as a problem is resolved regarding this project.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the following payments:
1. Final payment to Superior Asphalt Company, Inc. on Pomerosa Subdivision - Saunders Circle, Project No. SA- in the amount of $18,718.56 (County and Special Assessment Funding).
2. Partial payment to Hewitt Contracting Company Inc., for Astor Forest Campsite Loop Road, Project #l-83, in the amount of $44,048.40 from County Funding.
3. Final payment to Asphalt Pavers, Inc. for C-437 Resurfacing Project No. 4-83 in the amount of $128,958.60 from Secondary Funding.
FUNDS- GENERAL/PUBLIC WORKS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously the Board approved to execute the voucher of transfer of funds from the Department of Transportation for Projects No. 3-83 and 4-83 totaling $203,606.00.
GRANTS/PLANNING
Michael Willett, Director of Development and Public Works, stated that Jerry Sexton, Planning Department, had researched the grant applicaton material, and if Lake County was the lead applicant for the grant monies that the County would be responsible in assuring the money was expended according to the grant policies.
Mr. Sexton stated the application would have to be in by March 1, 1983, and a governmental agency had to be the lead applicant.
Gwen McLin, addressed the Board to support the request of the Childhood Development Services for the grant application request. Ms. McLin stated this was also a child education program that was very important for underpriviledged children to get an educational background prior to starting elementary school.
Mr. Rowan Marino, representing the Childhood Development Services, addressed the Board stating that another applicant had appeared requesting money from this grant and their request had been decreased to $6,000. It was noted that the funds committed by the United Way to the Childhood Development Services would be acceptable for the matching fund requirement of the grant.
It was noted that the proceeds from this grant would be disbursed through a public donor grant between the Department of Health and Rehabilitative Services and the Lake County Board of County Commissioners with the funds going directly to HRS.
Commr. Windram stated a call had been received from Mrs. Delores Andrejek supporting the grant for the day care center.
Eva Knowles, Lake County United Way, addressed the Board stating that the United Way had committed $9,500 for this project and could qualify as the match requirement in the grant.
Mrs. Knowles stated that the Lake County Council on Aging had also applied for a portion of the grant monies. Mr. Earl Hadden, Past President of the Council on Aging, addressed the Board stating the funds were required for a Director for the Senior Services Center and janitorial services for the Senior Services Center.
Mr. Jerry McDowell, Director of the Senior Citizens Center, addressed the Board expressing the need for these funds. Mr. Sexton expressed concern over whether or not the uses could apply for the grant requested by Mr. Hadden and Mr. McDowell. It was also noted that the funds from the United Way to the Council on Aging could not be considered for the match as they were committed as matching funds on an additional grant applied for.
Mr. Sexton informed the Board that municipalities could also apply for the grant funds and should they be approved the allocation would be changed and a new application could be submitted.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved for Lake County to be the lead agency for the application to the Community Services Block Grant with the allocations being divided into $6,000 for the Childhood Development Services and $3,315 for the Council on Aging, provided the Council on Aging meets the requirements of the grant and comply with the matching fund requirements.
POLLUTION CONTROL/PLANNING DEPARTMENT/SUBDIVISIONS
Mr. Ted Wicks, Pollution Control Director, addressed the Board stating this was a resubmittal of the site plan for a sewage treatment and effluent disposal area for Lake Yale Estates. Mr. Wicks stated it was the recommendation of the Pollution Control Department and Planning Department that this plan be approved. It was noted that a private boundary dispute between the developer and Mr. Eichelberger, adjoining property owner, had developed; however, should the Courts rule with Mr. Eichelberger on the boundary, the site would shift to the west which was in compliance with the Pollution Control Department and the Board's action would not affect this, nor would the County assume any liability.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the master plan showing the revised location of the wastewater treatment and effluent disposal area to serve Lake Yale Estates.
EDUCATION/PUBLIC WORKS
Mr. Willett stated his department had met with the Lake County School Board regarding the Summer Lunch Program. Mr. Willett stated the School Board had indicated they would consider participating in the Summer Lunch Program if Lake County would be the lead applicant taking the financial responsibility. Concerns of the School Board were possible cost overruns and the possibility of reimbursements being delayed.
Mr. Willett stated that any action of the Board would require action of the School Board and that use of the sites had not been formally approved.
Mr. Willett recommended should the Board approve to administer the Summer Lunch Program that it be based upon the ability to use the school cafeteria sites with use of CETA Summer Staff and Public Works Staff administering the program.
Discussion occurred regarding the need for the program and Mr. Willett stated to his recollection the only inquiries received last year were from the press, Mr. James Lowe of Lake Community Action Agency and Mr. McClusky, of the Leesburg Boy's Ranch, who had in the past supplied one of the sites for distribution.
Discussion occurred regarding the cost of the program and Kathy McDonald stated that Lake County would be reimbursed $1.5375 per meal served. The Board also discussed the fact the there were no qualification procedures for this program due to the cost of qualifying recipients.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried, the Board authorized Mr. Willett to contact the School Board regarding use of the school sites with CETA Staff and Public Works Staff administering the program and requested Mr. Willett report back to the Board as soon as possible.
Commr. Smoak voted "NO", due to the fact that the need for the program had not been determined.
MUNICIPALITIES/PUBLIC WORKS/SIGNS
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously the Board approved the request from the Town of Montverde to purchase street signs from Lake County at a total cost of $846.00.
RESOLUTIONS/ROADS-COUNTY & STATE
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved signature on the Resolution accepting Saunders Circle #3-4259 into the County maintenance system.
RIGHT OF WAY-ROADS AND EASEMENTS/PUBLIC WORKS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board accepted a non-exclusive easement on O'Brien Road #3-2427 from Penelope A. Whiddon.
DEEDS/RIGHT OF WAY-ROADS & EASEMENTS/PUBLIC WORKS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board accepted the following Right of Way Deeds on Radio Road #l-5433:
1. Roger Rice
2. Thomas J. Grady, as Bishop of the Diocese of Orlando
3. Agnes E. and Thomas C. Hanson
4. Franklin B. & Lulee Ezell and Thomas C. & Agnes F. Hanson
DEEDS/PUBLIC WORKS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the release of the following road reservation from the Department of Transportation from the following deed:
#1143, All but 33 feet from the centerline of Key Avenue (Department has letter from the City of Eustis).
BIDS/ROAD PROJECTS
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board awarded the bid on the Countywide Resurfacing Project No. 7-83 to Asphalt Pavers, Inc., in the amount of $400,028.42 (low bidder).
LAWS & LEGISLATION/PUBLIC WORKS/FUNDS
Michael Willett, Director of Development and Public Works, submitted to the Board for their review the 1980 Population Advanced Counts from the U.S. Census figures. Mr. Willett stated it was the recommendation of the staff to use the census figures in the distribution of the 9th Cent Gas Tax Revenues to the municipalities in Lake County. The Board discussed adjustments that might warrant Board consideration in cases of large developments in progress at the present time being filled which would affect certain municipal counts prior to another census. Mr. Willett did not recommend adjusting the figures for specific areas in which large development had occurred and stated that over the ten year census period it should average out.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to use the 1980 Census figures for distribution of the 9th Cent Gas Tax Revenues and to continue using Census figures for this distribution.
COMMUNICATIONS/ROADS - COUNTY & STATE
Mr. Willett read communication received from Mr. Michael Bernhart of the Shockley Hills Road Improvement Association notifying the Board of their intentions to use a small Ford Tractor with blade to be available to anyone in the community of Shockley Hills to repair the road in front of their property or use on their private property. The communication stated the tractor is owned by the Shockley Hills Association and is fully insured with the use of the tractor controlled by the Board of Trustees of the Club.
No action was requested nor taken on this correspondence.
ROADS - COUNTY & STATE/SUBDIVISIONS
Mr. Willett brought up for the Board's consideration, a situation in North Harbor Acres Subdivision, platted in October of 1974, in which the roads in the subdivision had never been accepted into the County maintenance system. Correspondence in the Public Works files indicated that the base of the roads were built to County specifications; however, the asphalt was not sufficient. Mr. Willett stated at present 1" of Type S asphalt would be necessary to bring the roads up to County standards.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board authorized the Public Works Department correspond to those requesting this information, that the roads do not presently meet County standards, inform them of what was required to bring them to County standards and that the County would participate by paying l/3 of the cost to bring the road up to County standards under the lien assessment program.
PUBLIC WORKS/RIGHT OF WAYS - ROADS & EASEMENTS/ROADS - COUNTY & STATE
Mr. Willett informed the Board that right of way had been secured from all but one property owner on Hull Road #3-0942, south of Clermont, and Casteen Road #2-4106, west of Leesburg, and the fact that necessary work projects had been held up for a number of years due to the lack of right of way. Mr. Willett recommended that a maintenance map be filed for these two roadways and allow the work to begin. The Board discussed the amount of right of way on these two particular roads and it was noted that the maintenance costs on these two roads were substantial.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved for the Public Works Department to file the maintenance maps on the roads designated above; however, requested that any other road projects being delayed due to only a small portion of right of way not acquired be brought to the Board on a case by case basis for consideration.
BONDS - MOBILE HOME
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved cancellation of the Mobile Home Bond for Allen C. Bowen upon completion of the conventional dwelling unit and removal of the mobile home.
SUBDIVISIONS/PUBLIC WORKS/POLLUTION CONTROL
Ted Wicks, Pollution Control Director, addressed the Board and informed them they had received the construction and improvement plans for the Royal Trails Ten Year Area and inquired whether or not the Board wished to review the plans prior to authorizing construction on the ten year area. Mr. Wicks stated they had worked with the developer as much as possible on the plan; however, staff expressed concern as the County would eventually take over the maintenance of the drainage system after the Maintenance Bonds were expired. Mr. Wicks explained the system planned for construction.
The Board requested that the plans be brought up for their review at their regular meeting of March 8, 1983, on the Public Works Agenda, and requested that the County Attorney report at that time the possibility of considering a requirement that a local flood control district be formed in the area.
MUNICIPALITIES/CONTRACTS, LEASES & AGREEMENTS/PUBLIC WORKS
Discussion occurred regarding a letter received from the Town of Lady Lake requesting continued use of the 10" pipe owned by Lake County. Mr. Willett stated the pipe might be required by the County in the future due to the amount of rainfall that has been occurring and that the Town of Lady Lake should be encouraged to secure another source of pipe should this pipe be required in another area of Lake County.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board authorized the Chairman to correspond with the Mayor of Lady Lake allowing the Town to keep the pipe until such time as it is needed by Lake County and with the stipulation that the pipe is kept in a secure location. The Board requested that the letter reflect it will be the responsibility of the Town of Lady Lake to return the pipe upon the request of Lake County and that the Council forward to the Board of County Commissioners a copy of their minutes reflecting the contents of the letter was read to the full Town Council.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved an expenditure of $150.00 pursuant to Lake County Ordinance 1982-1, for Sheriff Griffin to attend the Executive Institute Course at Florida State University on March 14, 15 and 16, 1983.
There being no further business to be brought before the Board, the meeting adjourned at 4:40 p.m.
Thomas J Windram, Chairman
James C. Watkins, Clerk
CBR/2/17/83