A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JULY 5, 1983

The Lake County Board of County Commissioners met in regular session on Tuesday, July 5, 1983, in the Board of County Commissioners Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners 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: Christopher C. Ford, County Attorney; and Toni M. Austin, Secretary.

The Invocation was given by Commr. Carson and Pledge of Allegiance was led by Commr. Burhans.

MINUTES

On a motion by Commr. Smoak, seconded by Commr. Carson, and carried unanimously, the Board approved the minutes of June 21,

1983, as corrected.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the minutes of June 29, 1983, as submitted.

PUBLIC HEALTH

Commr. Windram informed the Board of an invitation to a Flag Dedication Ceremony at the Senior Citizens Center on Wednesday, July 13, 1983, extended to them by Jerry McDowell, Executive Director.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the travel request from Noel E. Griffin, Jr., Sheriff, in the amount of $534.28 for the expenses incurred by Yvonne McQueen for her attendance at the Basic and Advanced Judicial Process School, pursuant to F.S. 943.25 and Lake County Ordinance 1982-l.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the travel request from Noel E. Griffin, Jr., Sheriff, in the amount of $317.47 for the expenses incurred by Lt. Jimmy Horner for his attendance at the Florida Polygraph Association's seminar held at the Dora1 Beach Hotel, Miami Beach, Florida, June 9-11, 1983, pursuant to F.S. 943.25(8)A, and Lake County Ordinance 1982-l.

ACCOUNTS ALLOWED/MOSQUITO CONTROL

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the retroactive travel request for Philip J . Yoder, Director of Mosquito Control, and Eric Cotsenmoyer, Assistant Director of Mosquito Control, in the amount of $77 each to attend the annual meeting of The Aquatic Plant Management Society, Inc. in Lake Buena Vista, Florida, July 11-13, 1983.

FAIRGROUNDS/MUNICIPALITIES/WATER AUTHORITY

Commr. Smoak reported to the Board that he had contacted the City Manager of Eustis concerning an appraisal of the Fairgrounds. He stated that the City of Eustis is in agreement to share the expense of the appraisal, and they also agree that we should not use an appraiser which the county or the City of Eustis has previously used.

Commr. Smoak also informed the Board that he will be on the Water Authority agenda tomorrow to negotiate a master plan for Aquatic Weed Control as directed by the Board.

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:

RENEWAL

Evetta C. Asmus Edward Meshalko

James W. Asmus James Saunders

Robert Brown John Pease

BONDS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the following Contractor Bonds:

NEW

# 852-83 William E. Wegner, General

#1022-83 Harry Showers, Concrete

#1805-83 Robert Campion d/b/a Robert's Electric, Electrical

#4027-83 David Clark, Air Conditioning & Heating

#4028-83 Mark L. Randall d/b/a Florida Urethane & Coating, Inc., Roofing

#4029-83 Gary D. Parkinson d/b/a Parkinson Plastering, Plastering

#4030-83 Roger W. Duffield, Electrical

#4031-83 Harold Vernon, Plumbing

CANCELLATIONS

#899 Ernest B. Brown d/b/a B & B Plumbing, Plumbing

ACCOUNTS ALLOWED

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved to pay Warrant #33604 through Warrant #33910 for the following accounts:

General Revenue

Fine and Forfeiture

County Transportation Trust

Mosquito Control

Aquatic Weed

Fish Conservation

Section 8

Law Enforcement Trust Fund

CETA

COR Buildings

Nursing Home

Landfill

County-Wide Library

BONDS/AMBULANCES-HOSPITAL DISTRICTS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the following Public Official Bonds for Trustees, Northwest Lake County Hospital District:

Mr. Al Haliday

Ms. Louise Hutchison

Ms. Bonnie Jones

Mr. Jack Pae

Dr. Earl Kauffman

APPOINTMENTS/FIRE DISTRICTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the appointment of Jim Baysinger, Clermont, to the South Lake Fire District.

COUNTY PROPERTY

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved to delete the following from Fixed Assets:

Prop# Dept. Item Amount

652 Surplus Exec. Leather Chair $ 300.00

3113 Surplus Side Arm Chair 81.49

3290 Surplus Pelton Sterilizer 20.00

4774 Surplus 4 Dr. Dresser 70.00

4775 Surplus Ritter Speed Clave 630.75

6338 Maintenance Lawn & Grounds Vac. 542.00

TOTAL $1,644.24

CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES/PUBLIC WORKS

Commr. Windram addressed the Board regarding the receipt of a letter from the City of Mascotte requesting a five year contract for the use of the county barn for a fire station.

Commr . Smoak expressed his concern regarding the insurance coverage and suggested the contract be drawn on an annual basis with the option to renew with the provision that the county was not in need of its use.

No action was taken at this time, and the above was referred to Mike Willett, Director of Development and Public Works.

ASSESSMENTS/CLERK

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the following Satisfaction of Assessment Liens:

Gustus Luttrell, Ravenswood Park S/D, Lot 17 - $231.20

Lake View Heiqhts 2nd Addition

Mark Fisher Lot 44 $ 604.09

James H. Stewart Lot 60 and 61 468.79

James H. Stewart Lot 61 348.98

Rush C. Collins Lot 17 572.80

Tom W. Phillips Lot 19 336.59

Albert E. Deakin Lot 43 537.00

Donald Dixon Lot 4 332.35

Julius Roger Lot 1 649.77

Alan G. Shover Lot 10 572.80

Virgie Cornish Lot 12 572.80

Walter Hoffman Lot 13 572.80

Frank Beetz Lot 67 537.00

Arnold L. Andrews Lot 74 537.00

Floyd Lewis Lot 76 537.00

William H. Bell Lot 82 537.00

Carl E. Shively Lot 83 537.00

Jonas Orion Potter Lot 93 537.00

Pearl C. Mattox Lot 88 and 89 1,074.00

Leo H. Wetzel L Lot 100 537.00

Percy M. Forrester Lot 101 537.00

Harry R. Walls Lot 1 0 4 537.00

Harry R. Walls Lot 105 644.19

First Baptist Church of

Fruitland Park, Inc. 2,004.80

Robert Grigsby 2,004.80

Robert Grady 3,186.20

Albert Horn Lot 20 299.20

Freeman E. Marsh Lot 27 299.20

Freeman E. Marsh Lot 28 299.20

William Joseph Wietan Lot 34 299.20

Joseph M. Schroeder Lot 49 280.50

Walter G. Allman Lot 51 280.50

Merle Schroeder Lot 52 280.50

Joseph E. Leonard Lot 58 280.50

Joseph E. Leonard Lot 59 280.50

A. B. Echols Lot 19 1,123.91

Tom W. Phillips Lot 19 175.82

Charles E. Leighton Lot 99 537.00

G. Ross Cook Lot 91 537.00

Jeanette 0. Elms Lot 92 537.00

John C. Milton Lot 18 1,124.12



Lake County, Sparks Village S/D, Lot 23 - $221.76

Lake County, Sparks Village S/D, Lot 38 - $134.16

REPORTS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of the monthly report, May, 1983, from Lake Community Action Agency.

BUDGETS/FIRE DISTRICTS

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the Bassville Fire District budget in the amount of $267,632.25.

CLERK/REPORTS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue, Traffic/Criminal Cases for the week ending June 10, 1983, in the amount of $18,237.61; for the week ending June 17, 1983, in the amount of $5,898.78; and for the week ending June 24, 1983, in the amount of $7,908.10.

AMBULANCES-HOSPITAL DISTRICTS/CONTRACTS, LEASES AND AGREEMENTS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved and authorized signature on the Ambulance/Building Lease between Lake County and Leesburg Hospital Association, Inc. Included in the lease was responsibilities regarding the portion of the building housing the Medical Examiner.

PUBLIC WORKS AGENDA

SUBDIVISIONS/ESCROW

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved release of the Irrevocable Letter of Credit for Wolfbranch Estates Subdivision, accepted the two-year Maintenance Bond in the amount of $13,750.40, and accepted the following roads into the County maintenance system:

1. Wolfbranch Lane #4-4683C

2. Chestnut Lane #4-4683B

3. Hickory Lane #4-4683C

4. Laurel Lane #4-4683D

PUBLIC WORKS/ROADS, COUNTY & STATE

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request from Randy Lauters for a one-time maintenance on Albia Avenue in the amount of $60.

ACCOUNTS ALLOWED/BUILDING DEPARTMENT

On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board approved for Tommy Brennand, Building Official, to attend a Building Official Workshop sponsored by Valencia Community College in Orlando in the amount of $25 for the registration fee.

Commr. Smoak was not present for the vote.

LICENSES AND PERMITS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the cancellation of the following gun permits:

1. Joseph Lee Spires

2. John W. Cannon

3. Lester Aycock

COUNTY PROPERTY/PUBLIC WORKS/SHERIFF'S DEPARTMENT

Discussion occurred regarding the request from Noel E. Griffin, Jr., Sheriff, requesting pavement of the grass fenced in area behind the Sheriff's Operations Center at an approximate cost of $9,000 to $10,000.

The Board directed Commr. Carson to speak to the Sheriff in regards to the above and report back to the Board at a later date.

MUNICIPALITIES/PUBLIC WORKS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request from the City of Umatilla for the County to construct one clay basketball court in Southeast Umatilla.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board awarded the low bid to Superior Asphalt Company, Inc. in the amount of $6,975 for Project No. 16- 83, C-450 Crosspipe Design Build Construction.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board awarded the low bid to Superior Asphalt Company, Inc. in the amount of $182,398.43 for Project No.17-83, #5-7581 Wiygul Road (part) Design Build Construction.

DEEDS/RIGHT-OF-WAYS-ROADS-EASEMENTS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board accepted the following Right-of- Way Deeds:

1. Clauda Lee Groves, Inc., on Buckhill Road #3-2439

2. Mark L. and Leeanna Dallaportas on Sugarloaf Mountain

Road #3-2350

On the same motion the Board accepted a Non-Exclusive Easement on Hull Road #3-0942 from Russ Properties, Inc.

ACCOUNTS ALLOWED/BUILDING DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the purchase of a new mobile radio for the Building Department in the amount of $629.

ACCOUNTS ALLOWED/FAIRGROUNDS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board awarded the low bid for the insulation of the Clement's Building at the Fairgrounds to Home Insulation Service in the amount of $17,767.

BONDS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved new mobile home bonds for the following persons to live in a mobile home on the same piece of property on which their conventional dwelling is being built, subject to the proper bond being posted and with the stipulation that the mobile home be removed immediately upon completion of the conventional dwelling or upon the request of the County Commissioners:

1. David A. Lenhard - Lake Ella Area - District #l

2. Olive George - Montverde Area - District #3

3. Jerome Andrews - Mount Dora Area - District #4

4. John DeSantis - Lake Mack Area - District #5

On the same motion the Board approved the renewal of the mobile home bond for Larry R. Sutton - Bassville Park Area - District #5.

COMMUNICATIONS/PUBLIC WORKS/REPORTS/ROADS - COUNTY AND STATE

Mike Willett, Director of Development and Public Works, informed the Board he had received a completed study by the Department of Transportation on State Road 44 at Harbor Shores Road.

Based on the results of the study, the Department of Transportation is unable to establish the need for signalization at this time.

ASSESSMENTS/ROADS-COUNTY AND STATE

Discussion occurred regarding the Special Assessment on Swan Road. Kathy McDonald, Assistant to the Director of Development and Public Works, informed the Board that 100% of the right-of-

Way deeds had been received by their office. She stated that the majority of the deeds had to be returned because they had been witnessed incorrectly. She further stated that during that time a petition about the assessment had been circulated among the property owners and that one property owner now refuses to return his deed because of the assessment.

Mrs. McDonald stated Mr. Lamont, a property owner in the same area, would like to know the assessment cost of the individual who refuses to return his deed. She further stated Mr. Lamont would like to approach the property owner with a legal document stating he will pay the property owner's share of the assessment in return of the right-of-way deed to the County.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board authorized Mr. Willett, Director of Development and Public Works, to negotiate with contractors in the County in securing a non-binding bid on costs of improving the road on discussion.

LANDFILLS/PUBLIC WORKS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the recommendation of Michael C. Willett, Director of Development and Public Works, that the position of Landfill Supervisor be reclassified to Coordinator of Solid Waste Operations with a salary range from $17,000 to $22,100.

PERSONNEL DEPARTMENT/PUBLIC WORKS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved a request by Glenn W. Timmons, Personnel Director, for a merit increase in the amount of $200 for John Turner, Equipment Operator III.

AGRICULTURE CENTER/PURCHASING DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request from the Agricultural Center to secure prices through the Purchasing Department for a lawn mower and bring back to the Board for approval.

ACCOUNTS ALLOWED/AGRICULTURAL CENTER

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request from the Agricultural Center for funds for 4-H Camp McQuarrie July 11-15, 1983, in the amount of $275.

AMBULANCES-HOSPITAL DISTRICTS/CONTRACTS, LEASES AND AGREEMENTS

Commr. Deems informed the Board that Nick Jones, Architect, has waived the remainder of his fee, $900, to be used towards the construction of the handicap restroom facilities at the Ambulance/ Medical Examiner's Building.

RECESS & REASSEMBLY

At 10:15 a.m.the Board recessed for fifteen minutes.

CETA/APPOINTMENTS

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the recommendation from Jim Flowers, CETA Director, of the appointment of Martin Stephens to the Private Industry Council.

CETA/BUDGET

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the tentative budget for Fiscal 1983-84 CETA/JTPA at the request of Jim Flowers, CETA Director.

GRANTS/OUTDOOR RECREATIONAL FACILITIES/PUBLIC WORKS

Discussion occurred regarding the Distribution for the Small Business Administration (SBA) Parks and Recreational Area Development Program. The letter stated that once a contract is received by the Board, it must be signed and received by the Department of Community Affairs by July 25, 1983, and the contracts will be reviewed and funded in the order that they are received by the Department.

Commr. Burhans recommended the County consider a portion of the allocation for improvements to McTureous Memorial Park.

Commr. Carson asked that a priority list of requests, along with Commr. Burhan's recommendation be brought before the Board.

Mike Willett, Director of Development and Public Works, stated that $33,511 had been allocated for Lake County and that a contract as such has not been received by him at this time. He further informed the Board that Mt. Dora, Leesburg, and Eustis have received some funding.

The Board requested Mr. Willett to research the program and report back to the Board as soon as possible.

RECESS & REASSEMBLY

At 10:50 a.m. the Board adjourned for lunch with each Commissioner lunching individually. The Board reconvened at 2:00 p.m. for Public Hearing CUP #865-2 and the Fire Protection Study.

ZONING

PUBLIC HEARING CUP #865-2 CUP in A Triple-C Development

Mr. Dewey Burnsed, Attorney for the petitioner, Silver Springs coop., addressed the Board and respectfully requested the passing of the proposed CUP Permit 865-2.

Mr. Steve Richey, council for Hugh McElyea, resident and grove owner, appeared before the Board to express concern regarding the future production of the surrounding groves should the CUP Permit #865-2 be approved. Mr. Richey stated that after extensive reviewing of the permit he accepted the permit as offering great protection to our producing groves.

The Board stressed great concern regarding odors and industrial wastewater.

Marie Busby, property owner in the area, appeared before the Board to discuss several amendments she felt would be more favorable should the Board decide to approve the permit. Her concerns consisted of odors, the need for a l/4 mile buffer zone, and that the monitoring and testing be performed by someone other than the owner of the sprayfield.

Ted Wicks, Director of Pollution Control,appeared before the Board and stated he felt the sprayfield would be a troublefree operation. He stated the land had batter soil characteristics to do the job than Golden Gem.

Considerable discussion occurred regarding the amendment of Section 3, paragraph D, "Odors normally associated with properly cultivated citrus groves or properly operated fruit processing plants shall not be considered objectionable". At this time it was agreed upon amending the phrase to read "Odors normally associated with cultivated citrus groves, nor fruity fragrances or citrus essence brought about by properly operated process plants, shall be considered objectionable".

Mr. Bob Edmunds, Jones, Edmunds and Associates, engineer for Silver Springs Coop., stated that only 92 acres of the 152 total would be actively utilized for the sprayfield, and requested the Board not arbitrarily diminish this sprayfield area by requiring a l/4 mile buffer in that it would not be beneficial to the adjacent property owners.

Commr. Burhans made a motion to amend Section 2, paragraph Q to read "NO wastewater will be sprayed within l/4 mile of the present Busby Residence to the South". The motion died for lack of a second.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved CUP #865-2 in agricultural with the following additional amendments:

Section 2, paragraph I to include:

4. Tests to be taken and reports submitted by an independant certified laboratory.



Section 2, paragraph L to delete:

"Upon proper notification,"

Section 2, paragraph P to delete:

"within a six month period."

Section 4, paragraph C to correct:

"notification by the court" to read "notification by the county"

Commissioner Burhans voted "No".

RECESS & REASSEMBLY

At 3:20 p.m. the Board adjourned for a ten minute recess.

FIRE DISTRICTS/PLANNING/REPORTS/EMERGENCY SERVICES

Mr. Joe Stephany, Emergency Services, appeared before the Board and presented to them the June, 1983, Lake County Fire Protection Study. It was devised to provide information about fire protection in the unincorporated areas of the County, revealing what there is to burn, present fire protection resources and the financial aspects of fire protection. The study consisted of research concerning land use, census reports, legislation, voting patterns, fire extinguishment resources, available fire response data, and interviews with citizens and fire service experts.

Discussion occurred regarding a previous rejected ordinance allowing individuals to contract with the Fire Districts for fire protection.

The Board requested that Mr. Stephany report back regarding what similar sized counties are doing regarding fire protection in the unincorporated areas.

CONTRACTS, LEASES AND AGREEMENTS/MUNICIPALITIES/COURTHOUSE/

ELECTIONS/TAX COLLECTOR/PUBLIC WORKS

Chris Ford, County Attorney, brought before the Board a Lease Agreement between the City of Clermont and Lake County for the Old Library Building to be used as a courthouse annex.

Discussion occurred regarding a present lease between T. Keith Hall, Tax Collector, and Mr. Meadows for the building presently housing the Tax Collector's office in South Lake County. Mr. Ford stated the lease did not have a cancellation clause and was good until 1985.

Commr. Smoak stated he would research this, contact Mr. Meadows, and report back to the Board.

Discussion occurred regarding improvements in which T. Keith Hall, Tax Collector, is requesting be done to the Old Library Building which will house his office. Commr. Smoak stated that Mr. Watkin's office was to obtain prices to report to the Board on the improvements required to the Old Library Building. On a notion by Commr. Deems, seconded by Commr. Snoak and carried unanimously, the Board authorized the Chairman and Clerk to sign the one-year lease with the City of Clermont for the Old Library Building to be used as the South Lake County Annex.

There being no further business to be brought before the Board, the meeting adjourned at 4:30 p.m.

THOMAS J. WINDRAM, CHAIRMAN

JAMES C. WATKINS; CLERK

TMA/7/7/83