A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

AUGUST 2, 1983

The Lake County Board of County Commissioners met in regular session on Tuesday, August 2, 1983, at 9:00 a.m., in the Board of County Commissioner's 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: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Cathy B. Roy, Secretary.

Commr. Carson gave the invocation and the Pledge of Allegiance was led by Commr. Smoak.

MINUTES

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the Minutes of July 19, 1983, as amended.

ROAD CLOSINGS/PUBLIC WORKS

Discussion occurred regarding the request of Harmon Groves to relocate Gano Road #2-1423 approximately 180 feet east of its present location. It was noted that the July 19, 1983, minutes reflected that action would be taken at this meeting; however, Commr. Smoak stated that Mr. Harmon had reported they do not wish to make the expansion this year and would be in agreement to set a time limitation on this move for next year.

MINUTES

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the Minutes of July 21, 1983, as corrected.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the Minutes of July 29, 1983, as submitted.

ELECTIONS/REDISTRICTING

Emogene Stegall, Supervisor of Elections, addressed the Board requesting consolidation of certain precincts in the Leesburg area. Mrs. Stegall stated that the precincts she was requesting be changed were created in 1972 to correspond with the House Districts.in that area. Mrs. Stegall recommended the following changes:

1. Split Precinct 27 using West Main Street and Old Highway 44 as the dividing line, keeping those voters living on the North side in Precinct 27 and combining those on the South side with Precinct 27A. The new total for Precinct 27 will be 650 voters and the total for Precinct 27A will be 1,350.



2. Combine Precinct 10 with Precinct 10A for a total of 1,503 voters.



3. Combine 26A with Precinct 26 for a total of 1,354 voters.



COMMISSIONERS

At this time Commr. Windram turned the Chairmanship to Commr. Deems.

ELECTIONS (Continued)

Mrs. Stegall stated that these smaller precincts were created in 1972 to conform to the House Districts in the Leesburg area and since reapportionment in 1982, were no longer required. Mrs. Stegall further stated that this would save money on the election boards and the moving of the voting machines. She stated this would also alleviate a parking problem in Precinct 10.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried, the Board approved the changes requested and as outlined above.

CONTRACTS, LEASES AND AGREEMENTS/COURTHOUSE/MUNICIPALITIES/

TAX COLLECTOR

Discussion occurred regarding a draft lease agreement received from the City of Clermont for the County's utilization of the Old Library Building for a South Lake County Annex. Commr. Smoak requested that this item be postponed until such time as additional information could be collected regarding the present lease for the Tax Collector's Office in South Lake County and other considerations regarding the move.

COMMISSIONERS

At this time Commr. Deems turned the Chairmanship to Commr. Windram.

APPRAISALS/FAIRGROUNDS/MUNICIPALITIES

Discussion occurred regarding the appraisal received from J. Fred Kurras, MAI, on the Lake County Expo Center and Fairground Complex. It was noted that Mr. Kurras had appraised the property 307 at $875,000 but further stated that if a conveyance between two public tax-exempted agencies is culminated, a minor adjustment should be made for terms of sale and a net consideration of $850,000 would be the more appropriate basis for the transfer.

The Board discussed extensively the fact that there were no plans at present to replace the facilities, and the members of the Board were in agreement that no sale take place until such time as future plans can be studied. Commr. Burhans stated the Board might want to consider hiring a consultant to study what the future needs might be and approximate cost to replace the existing complex.

Funding sources for a new complex were discussed and placing the question of a Resort Tax on the ballot; however Commr. Deems stated that it was his feeling the Resort Tax would take quite some time to accumulate to the point of being able to build a complex. The Board discussed whether or not the present facilities were adequate and whether or not any land was available in the area for future expansion. Commr. Smoak stated he would speak with Eustis City Officials regarding this; however, he did not think any land was available. Commr. Smoak stated the Board should consider forming a study committee to address the feasibility of the present site, future plans for a site and funding should it be determined a new site is needed.

It was the feeling of the Board that they did not want any misunderstanding on the part of the City of Eustis regarding a pending sale and that these were tentative discussions only and prior to any sale substantial planning and ground work would need to be done on the part of the County and City.

The Board authorized Commr. Smoak to notify the City of Eustis of the discussions this date and the Board's wish to continue discussions subject to them notifying the Board that they wish to continue discussions.

PUBLIC WORKS AGENDA

PUBLIC WORKS/ROADS, COUNTY & STATE

Mr. Ben Benedum, County Engineer, addressed the Board regarding a serious washout problem on Buckhill Road and requested the Board.consider authorizing improvement to the road and drainage. Mr. Benedum stated that a County dump truck had overturned on this road due to the serious washout problem.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized the road be double surface treated and the drainage problem alleviated as requested by Mr. Benedum. Mr. Benedum informed the Board the drainage plan would not affect any property owners in the area.

PUBLIC WORKS/ROADS, COUNTY & STATE

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the following one time maintenance agreements:

1. James Johnson, Picciola area, in the amount of $100.00.

2. Clyde McClain, Nancy Avenue, in the amount of $90.00.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved final payment on Project #6-83, #2-4705 Pruitt Street and #2-4806 Schoolview Street, to Paquette Paving Company, Inc., in the amount of $31,195.00 from Revenue Sharing Funds.

COUNTY EMPLOYEES/PUBLIC WORKS/RESOLUTIONS

On a motion by Commr. Burhans, seconded by Commr. Carson and

carried unanimously, the Board approved that a Resolution be drafted and authorized signature for same, commending Mr. Ray Newman, Equipment Operator, for thirty years of County service.

ROADS, COUNTY & STATE/SIGNS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved a request from the property owners on District Road #5-9684 to name the road Cedar Crest Road and place the appropriate signs. It was noted that 58% of the property owners had petitioned for the naming of the road.

BONDS-MOBILE HOME

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request 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 will be removed immediately upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners:

1. Wiley Sexton - Shirley Shores area - District #3

2. Hartley Cloos - Sugarloaf Mountain area - District #3

ASSESSMENTS/BIDS/PUBLIC WORKS

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board authorized the Public Works Department bid road work for the special assessment project of Coronado/ Somerset Drive and Coronado Drive South in Sorrento Ranchos and Penlan Park Subdivision in the Sorrento area.

COUNTY EMPLOYEES/LANDFILLS/PUBLIC WORKS/POLLUTION CONTROL

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the appointment of Roland Lewis to the position of Coordinator of Waste Disposal Operations at an annual salary of $17,700.00.

CLAY PITS/PUBLIC WORKS/MUNICIPALITIES

Discussion occurred regarding an unused County owned clay pit in the Minneola area in which the City is interested in the County deeding to Minneola.

Kathy McDonald, Assistant Public Works Director, stated that the City of Minneola has been utilizing this land for a shooting range. Commr. Smoak informed the Board of a hazard in that the access road to this property followed the line of the pit and the possibility of an accident and recommended that this should be corrected if the property is kept by the County. The Board requested that an estimate of value be obtained for this property and it be kept on the list of property to possibly be sold.

AGRICULTURAL CENTER/PUBLIC WORKS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board directed the Public Works

Department to have the Road and Bridge Crew mow the area surrounding the Agricultural Center until such time as a new mower is purchased.

ORDINANCES/POLLUTION CONTROL/ZONING

Mr. Ted Wicks, Pollution Control Director, addressed the.Board to present a draft proposed Ordinance regulating mining activity in the unincorporated area of Lake County. Mr. Wicks stated that the majority of the contents of the Ordinance were items that the Roard previously required as a part of the Conditional Use Permit for mining activities in Lake County. Mr. Wicks explained that the Ordinance addressed the entire operation from start to finish, including an area addressing reclamation of the land. Mr. Wicks stated that a performance bond, or equivalent, would be required to assure restoration of the land.

Discussion occurred regarding the expanded set back of two hundred feet and Mr. Wicks stated it was his feeling this would be adequate to insure that encroachment would not occur.

Mr. Wicks informed the Board that the staff will determine the extent of monitoring reyuired and the applicant will be responsible for monitoring. Additionally, an annual report will be required on activities of the operation.

Mr. Wicks stated there was no grandfather clause in the Ordinance and that existing operations must come into compliance with the Ordinance within two years. Mr. Wicks supplied to the Board a revised section entitled "Waivers, Reclamation Plan and Guarantee".

Mr. Wicks stated a number of draft copies of the Ordinance had been circulated to interested parties and he was expecting feedback. The Board authorized the Pollution Control staff to conduct a public workshop prior to setting the Public Hearings for the Ordinance with those interested in the Ordinance.

ELECTIONS

Mr. T. H. Poole, Tri-City N.A.A.C.P., addressed the Board regarding the action taken earlier in the day in changing the precincts in the Leesburg area. Mr. Poole expressed concern whether this would affect pending legal matters in the area and whether or not any black precincts were involved and whether or not these changes would have any effect on a favorable court ruling. Mr. Poole was supplied with a copy of the changes approved by the Board and the reason for the changes. Commr. Carson stated he would be happy to go over the changes with Mr. Poole at a later date.

CONTRACTS, LEASES & AGREEMENTS/WATER AUTHORITY/MOSQUITO

CONTROL

Commr . Smoak stated he had received a preliminary copy of an agreement between Lake County and the Water Authority regarding aquatic weed control in Lake County and stated he wanted to speak with Will Davis regarding the agreement prior to action by the Board.

COMMITTEES/LANDFILLS/PUBLIC WORKS

Commr. Deems informed the Board that the Study Committee has interviewed professional consultants for geological testing and permitting at Astatula II Landfill and has recommended the Board interview the following three firms on August 16, 1983:

1. Jones, Edmunds and Associates, Inc.

2. Post, Buckley, Schuh and Jernigan, Inc.

3. Professional Engineering Consultants, Inc.

AMBULANCES-HOSPITALS/BUILDING COMMITTEE/CONTRACTS, LEASES &

AGREEMENTS

Chris Ford, County Attorney, addressed the Board regarding two change orders for the Ambulance/Medical Examiner Facility. Mr. Ford stated Change Order Number 2 in the amount of $495.00 was for the handicapped water fountain and Change Order Number 3 in the amount of $2,205.78 for additional sewer pipe required by the City of Leesburg and additional site berms and swale construction handling.

Mr. Ford stated the building is now completed, there Certificate of Occupancy and it was the recommendation of Building Committee to approve the change orders and final is a the payment.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved final payment in the amount of $19,295.78, to Tyco Constructors, Inc., which includes the two change orders.

SEE AMENDMENT -

Minute Book 32, Page 373

HEALTH DEPARTMENT

Commr. Burhans requested that the Board review the letter from Dr. Atkinson requesting Board action regarding her working two half days per week as Administrator in Sumter County. The Board discussed the proposed contract for a one year period starting October 1, 1983, along with a contract covering August and September of 1983.

Discussion occurred regarding the compensation for Dr. Atkinson's services and Commr. Burhans stated there would be compensation of 20% equal to the 20% of her time spent; however, Lake County would not be compensated.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the two month contract with Dr. Atkinson working two half days in Sumter County, subject to the approval of the Sumter County Commission. Commr. Smoak included in his motion a request of some indication from the Sumter County Commission regarding the one year contract.

BUILDING COMMITTEE/COUNTY PROPERTY/JAIL

Commr. Deems reported that a Building Committee meeting is scheduled for August 3, 1983, and the Committee is expecting an estimate on a jail recreational facility.

Commr. Deems further reported that he had received a letter from Sheriff Griffin stating that the small building on top of the jail which houses transmitters has been leaking and required an air conditioner for humidity. Commr. Deems stated that the Building Committee instructed the Maintenance Department make the necessary repairs.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board retroactively approved the action of the Building Committee to make the necessary repairs as outlined above.

MUNICIPALITIES/PUBLIC WORKS

Discussion occurred regarding a letter received from the Town of Lady Lake requesting that the Board authorize the Public Works Department to assist the town and a nonprofit organization in Oak Grove Mobile Home Park, in ascertaining the feasibility of reclamation of water through a sprinkler system to alleviate flooding problems.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request of the Town of Lady Lake to have the Public Works Department assist the Town in determining the feasibility of their project. It was noted that this was only to help determine the feasibility and not to design or plan the project.

ACCOUNTS ALLOWED/CETA

On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the Board approved the travel request submitted by Mr. Flowers, CETA Director, for five staff members and any Private Industry Council Members that can attend, for the Florida Training Institute in Daytona Beach on August 3 and 16, at a cost of $40.00 per person, to be paid with CETA Administrative Funds.

Commr. Carson was not present for the vote.

APPOINTMENTS/FIRE DISTRICTS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the appointment of Steven R. Race to the Pasco Fire District to serve for the remainder of the four year term, ending January 15, 1986, of Ralph Bartelt, subject to the agreement of the Pasco Fire District Commission.

COMMUNICATIONS/WATER AUTHORITY

The Board directed that the Clerk respond to a letter from Mr. Frank Meech regarding signs on the Dead River and inform Mr. Meech that the letter was being referred to the Water Authority for their recommendation regarding the signs and to the Public Works Department regarding their recommendations on the size of the signs.

CLERK/ELECTIONS/COMMUNICATIONS

The Board referred to James Watkins, Clerk, and Emogene Stegall, Supervisor of Elections, a letter from the State of Florida Commission on Ethics regarding providing them with the name of a person in our agency who will serve as the contact person regarding compiling a list of persons subject to disclosure.

CLERK/COURTS-JUDGES

The Board referred to James Watkins, Clerk, and Christopher Ford, County Attorney, a letter from the Supreme Court of Florida regarding meetings and public hearings throughout the State of the Article V Review Commission, who is meeting to make a comprehensive review and evaluation of the judicial article of the Florida Constitution.

AMBULANCES-HOSPITALS

Mr. Carl Bender, Waterman Memorial Hospital, addressed the Board regarding a proposal for a Lake County Birthing Clinic, utilizing a portion of the County nursing home on Dixie Avenue as the site for the clinic. Mr. Bender gave background information regarding a proposed birthing center by the West Orange Farmworkers' Association; however, stated that only a portion of the County births will be handled by the clinic and there were concerns that many Orange County residents that have not been served will also be provided delivery services by this center.

Mr. Bender submitted to the Board a proposed operational expense summary with a total birthing clinic operating budget of $495,706 with an income statement reflecting income of $350,000 per year. Mr. Bender stated $86,000 in renovations would be required and requested the Board consider utilizing those funds discussed to renovate the nursing home into an adult congregate living facility for this purpose. It was noted the $86,000 did not include a new roof.

Mr. Bender stated that the funds available for the West Orange Farmworkers' Association would not be pursued for this project in that those funds are only available to those clinics attached to a hospital that offers obstetric services.

Discussion occurred regarding the creation of a nonprofit organization that would lease the property for the birthing center thereby eliminating the County from liability.

The Commission and Mr. Bender discussed the situation in the Northwest District wherein the tax supported hospital does not have an obstetric ward and the private hospital accepts indigents on an emergency basis only. The Board discussed the possibility of approaching Leesburg Regional Medical Center regarding offering obstetric care and the possibility of the taxing district contracting with Lake Community Hospital to accept Northwest District indigent obstetric cases. It was noted the $100,000 allocated by the Northwest Hospital District for obstetrics to Waterman Memorial would not cover the cost of indigent obstetric cases for that district.

Mr. Zeb Osborne, Attorney representing Waterman Medical Center, addressed the Board stating the hospital boards and taxing district board are not responsive to Waterman Medical Center in discussions regarding the indigent obstetric care in the Northwest District. Mr. Osborne suggested the hospital boards and taxing district board would be more responsive to the County Commission.

Commr . Burhans suggested a Resolution be drafted setting forth the feeling of the Board that the taxing board and hospital operating boards in the Northwest District should address the problem of indigent obstetric care in that District with meetings and study committees to follow.

Commr . Windram suggested that the meetings with the taxing

board and hospital boards be held prior to action taken on a

Resolution.

The Board requested that Commr. Deems meet with both the operating boards of both hospitals in the district and the taxing board in the Northwest District regarding addressing the indigent obstetric care in the Northwest District and various alternatives to solve the problem.

Mr. Bender addressed the Board stating that he agreed with the above action of the Board.

RECESS AND REASSEMBLY

The Board recessed at 12:00 noon for lunch and reconvened at 2:00 p.m. to discuss the fee schedules in the Planning and Zoning Department.

COUNTY POLICY/PLANNING DEPARTMENT/PUBLIC WORKS/POLLUTION

CONTROL/ZONING

Ted Wicks, Director of Pollution Control, submitted to the Board for their review, the proposed fee schedule in conjunction with the Mining Ordinance; however, no action need be taken until such time as the Ordinance is adopted. Mr. Wicks informed the Board that within the first two years after the Ordinance is adopted an estimated $40,000 is expected to be collected from the fees listed.

Mr. Jerry Sexton, Director of Planning, addressed the Board and submitted a recommended fee schedule for Zoning and Subdivisions. Mr. Sexton stated that the subdivision fees have not been adjusted since the subdivision regulations were adopted in 1969, and the zoning fees had not been increased since 1976. Included in Mr. Sexton's proposal was a comparison of area counties which reflected Lake County is the lowest in fees.

Discussion occurred regarding the fact there was no spread in the fee for a Conditional Use Permit; however, much more time is spent on those cases considering sprayfields or mining activities than for a simple caretaker's residence. The Board requested Mr. Sexton look into creating a lower fee for the simplier cases than the more difficult categories. Mr. Sexton stated he would have to address each zoning category.

The Board also expressed concern over those fees in which a per lot or per acre fee is assessed in addition to a set fee. It was the feeling of the Board that Mr. Sexton consider levying a larger fee on the per lot or per acre assessments. An additional area of concern was the Master Park Plans for mobile homes and R.V. 's and the Board requested Mr. Sexton look at this area also.

Discussion occurred regarding the suggested fee of $100.00 for site plan modifications and whether or not discretion would be used on minor modifications. Mr. Sexton stated that minor modifications that did not require additional inspections and signing off of the plans would not be charged.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board requested Mr. Sexton to look over the areas outlined by the Board and bring back a revised fee schedule for their consideration.

Mr. Ted Wicks, Pollution Control Director, addressed the Board and submitted to them a proposed fee schedule for Pollution Control. Mr. Wicks stated that the proposed fees were comparable to those of a commercial laboratory for the same testing. Discussion occurred regarding setting parameters wherein the County Commission would not be sitting in judgment of tests done by one of their departments. Mr. Wicks stated that in preliminary reports to the Pollution Control Board, the Board did not feel that fees should be levied for these services: however, he had not made his final report to them.

The Board gave preliminary approval of the following fee schedule for the Pollution Control Department and recommended Mr. Wicks set parameters regarding the testing and take them before the Pollution Control Board:

Parameter Cost/Sample

1. pH $ 3.50

2. Chloride 3.50

3. Turbidity (NTU) 3.50

4. Iron 6.50

5. Sulfate 6.50

6. Total Dissolved Solids 7.50

7. Alkalinity 3.50

a. Nitrate - Nitrite Nitrogen 7.50

9. Ammonia Nitrogen 12.50

10. Organic Nitrogen 19.50

11. B.O.D. 6.50

12. D.O. 3.50

13. Chlorophyll 10.50

14. Phosphorus 12.50

15. Conductivity 3.50

16. Bacteriological - Totoal and Fecal 5.00

17. Suspended Solids (Total) a.50

Wastewater Treatment Facilities

Compliance Sampling/Analysis Fee

Domestic 25.00

Industrial/Commercial 35.00

Annual Operation & Maintenance Inspections

Domestic

Level I Facility - All classes 50.00

Level II Facility - All classes 40.00

Level III Facility - Class A-C 30.00

Level III Facility - Class D 20.00

Level IV Facility - All classes 25.00

Industrial/Commercial 50.00

All classes 150.00

Water Quality Assessment Report

Field Survey Fee

Ordinary High Water Survey 50.00

Flood Hazard Analysis 50.00

Wetlands Determination 50.00

Sample Collection lO.OO/Sample

Environmental impact Assessment 500.00

Technical Information Fee 25.00

Variance Fee 100.00

Variance Renewal Fee 25.00

Air Pollution Survey 50.00

CONTRACTS, LEASES & AGREEMENTS/LIBRARIES/MUNICIPALITIES

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board authorized signature on the Library Services Agreement with the City of Eustis that the Eustis Library will administer services for the Countywide Library System in the amount of $6,000 through September 30, 1983, and $12,500 for fiscal year 1983-84, subject to the approval of the County Attorney and the Eustis City Commission.

It was noted that these funds are designated for administrative purposes only and no equipment is to be purchased with these funds.

COMMUNICATIONS/PUBLIC WORKS

Discussion occurred regarding a request from the Harry Anna Crippled Children's Hospital to place outdoor pedestrian convenience benches in the unincorporated areas of Lake County, at no cost to the County. The Board requested that the Public Works Department approve the placement of these benches so as not to create any traffic hazards and inform the Children's Hospital that the approval of D.O.T. would be necessary on State Roads. The Board also requested that the Public Works Department discuss the upkeep of the benches and that it not be the County's responsibility to maintain them or remove them when they are deteriorated.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request of the Harry Anna Crippled Children's Hospital to place outdoor pedestrian convenience benches in the unincorporated areas of Lake County subject to the approval of Public Works and the Department of Transportation where appropriate.

AMBULANCES-HOSPITALS/COMMUNICATIONS/MUNICIPALITIES/

RESOLUTIONS

Chris Ford, County Attorney, addressed the Board regarding the request of the Astor Area Volunteer Rescue Service for a Certificate of Need and Necessity for an ambulance service. Mr. Ford stated since Astor was not incorporated they did not need a municipalities' approval; however, the Board should not act on a Certificate of Need until such time as H.R.S. Form 63lA-D is completed and approved by H.R.S. Mr. Ford stated that Mr. Ellis, Director, was to contact the office later in the day and would be advised of this requirement.

PROPERTY APPRAISER

Chris Ford stated that should the notice of proposed taxes be mailed on schedule that the Property Appraisal Adjustment Board should be meeting toward the end of September and the Board needed to choose members for this year. Mr. Ford informed the Board that the Adjustment Board had the option this year to levy a filing fee of up to $15.00 per petition. Mr. Ford stated the Adjustment Board makes this determination but the Board might wish to discuss it.

The Board was informed by Mr. Ford that the Adjustment Board would again have to hear the Homestead Exemption Denials, and Mr. Ford suggested that any change in this would have to be done through the legislative delegation and State.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried, the Board appointed Commr. Thomas Windram, Commr. C. A. "Lex" Deems and Commr. James Carson to the 1983 Property Appraisal Adjustment Board. Commr. Deems voted "NO".

LANDFILLS/RESOLUTION/CONTRACTS, LEASES & AGREEMENTS

Chris Ford, County Attorney, reported to the Board that he had obtained a signed settlement on the condemnation of the Stokes' property next to the Astatula Landfill in the amount of $97,000. Discussion occurred regarding the fruit crop on the property and Mr. Ford stated that Mr. Stokes was aware of the percentage of the crop he would be able to harvest without interferring with the County's utilization of the land for a landfill, and it was noted that the agreement stated he would harvest the 1983 crop. Discussion occurred regarding sending a letter clarifying that Mr. Stokes could harvest only up to January 15, 1984.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board authorized Commr. Smoak to contact Postal Colony to care for (spray and fertilize) the grove for the upcoming crop.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the Resolution authorizing the condemnation suit and directed Mr. Ford to clarify in writing the January 15, 1984, date for harvesting the crop.

COMMUNICATIONS/PUBLIC HEALTH

Discussion occurred regarding a letter dated July 26, 1983, from the North Central Florida Health Planning Council, Inc., informing the Board that they will consider at its next regularly scheduled monthly meeting on August 22, the development of nursing homes in this district. The letter further stated that proposals under consideration for the Lake County area include the following:

1. Beverly Enterprises-Florida, Inc. -- 120 bed facility

2. Health Care & Retirement Corp -- 120 bed facility

3. Florida Living Care, Inc. -- 120 bed facility in Mt. Dora

4. Eustis Care Center, Inc. -- 15 bed addition to 120 bed

facility in Eustis

Commr. Burhans stated attached to the letter is a report prepared by Lonnie Strickland and himself outlining the reasons the requests should be denied.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized Commr. Burhans and Lonnie Strickland to prepare additional analysis of Lake County and other counties of similiar size regarding the number of nursing home beds and prepare a letter of transmittal voicing the objection of the Lake County Board of County Commissioners in the allocation of additional nursing home beds in Lake County.

GRANTS/MUNICIPALITIES/WELFARE DEPARTMENT

Commr. Carson informed the Board that official action was required regarding the request of the City of Leesburq for Lake County to take over the Leesburq Section 8 Housing Program.

At this time Commr. Windram requested that a Conflict of Interest Form 4 be filed by the Secretary in his behalf.

The Board questioned whether or not this would have any negative impact on the County budget, and Commr. Carson stated it had been the opinion of the County staff that it would not as we are presently operating a Section 8 program out of the Welfare Office in Leesburg; however, the City of Eustis has also requested the County take over their program which would require a branch office in Eustis.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board authorized Commr. Carson to notify the City of Leesburg and City of Eustis that Lake County did not wish to assume the responsibility of the Leesburg and Eustis Section 8 Program for the upcoming fiscal year and that the Board will keep this under consideration for future years.

ACCOUNTS ALLOWED/COUNTY EMPLOYEES/NURSING HOME

Mr. Watkins informed the Board that the Lake Memorial Nursing Home operations were discontinued in February of 1983 and the salary and fringe benefits of the Administrator have been charged to the Nursing Home Enterprise Fund during this inactive period and as a result, distorts the income (loss) in this fund.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board authorized the Personnel Department to issue a change of status effective March 1, 1983, to transfer Mr. Strickland to the General Fund and approved the recommended budget amendment to properly report seven months of personal service payments for Mr. Strickland.

CLERK/COURTS-JUDGES

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the Satisfaction of Judgment for Eric David Hazzard and Edna Hazzard Volner, Parent, in the amount of $150.00, in case number 81-640-CJ.

LICENSES AND PERMITS

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the following gun permits and bonds:

NEW

Billy G. Beam Gail A. Grimes

Harry Pingston

RENEWALS

Donna G. DeVoe Arthur H. Bourlay

R. Edward Thornburg Diane G. Thornburg

George L. Hawkins Timothy Jezek

ADDITIONS

Jim Saunders

BONDS-CONTRACTOR

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

#1542-83 Welch Construction, Inc., Residential Contractor

#4035-83 Key Electric, Inc., Electrical

#4036-83 Harold Simmons & Jade Electric, Inc., Electrical

#4037-83 William R. Hudson, Residential

#4038-83 Trisha I. Burns, Aluminum Specialty

#4039-83 Robert E. Spolarich, Master Plumber

#4040-83 Randy Osborn d/b/a Randy Osborn Plumbing, Plumbing

ACCOUNTS ALLOWED/INDIGENTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved payment of Warrant #34212 through Warrant $34540 for the following accounts:

General Revenue

Co. Transp. Trust

Mosquito Control

Fish Conservation

CETA

Nursing Home

Libraries



Fine & Forfeiture

Revenue Sharing

Aquatic Weed

Section 8

COR Buildings

Landfill

Included in the motion was payment for the following indigents:

Approve: Sam Moreno for Barbara Armstrong - $50.00 for July Chisolm Trail Campground for Jayne P. Galbert - $50.00 for July



COUNTY PROPERTY

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved deletion of the following items on the County's Fixed Assets List:

Prop # Dept. Item Amount

1020 Building Dept. Wood Map File $ 26.50

3325 Pollution Cont. Steno Chair 50.00

4331 Leesburg Barn Wheelbarrow 32.62

4431 Surplus Motor 195.00

5173 Surplus Elec. Calculator 660.00

5521 Public Works Vacuum Cleaner 93.45

6376 Maintenance Power Mower 165.00

$1,222.57

CLERK/COURTS-JUDGES

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board authorized signature of the following Satisfaction of Judgments:

A. Sheila D. Moon, Juvenile, and Moye & Maxine Moon, Parents, in the amount of $50.00.



B. Gregory Montgomery, Juvenile, and Willie & Alice Gregory Montgomery, in the amount of $50.00.



C. Scott James Henry, Juvenile, and Sandra Henry, Parent, in the amount of $150.00.



D. Clarence Herbert Williams, Jr., in the amount of $150.00.



REPORTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue - Traffic/Criminal Cases for the week ending July 15, 1983, in the amount of $11,115.45.

Included in the motion was acknowledgment of the monthly Board Packet from Lake Community Action Agency for July, 1983.

COUNTY PROPERTY/CLERK

Commr. Deems requested the Clerk to inform Mr. Don Peroddy, County Property Management, to review the list of car radios he has on the inventory with the list on the maintenance agreement, as there are radios on the agreement that need to be deleted.

PLANNING DEPARTMENT

Discussion occurred regarding comments being made by members of the County staff regarding a proposed development in South Lake County called Bramalea Subdivision. Commr. Smoak reported on articles appearing in area newspapers containing comments from County staff members which he felt were inappropriate in that the comments reflect that the developers are not serious by comparing them with previous proposed developments in the County that never materialized. Commr. Smoak informed the Board that he intended to speak to the staff regarding this matter in that it was his feeling the developers should be afforded the courtesy of allowing them to make their proposal through the normal process of the Planning and Zoning Commission and then to the Board of County Commissioners without the comments that have occurred by the staff.

COMMUNICATIONS/ROADS, COUNTY & STATE

Commr . Smoak reported to the Board that he would follow up on a letter received from Mr. Vernon Jenson, Clermont area, stating there is a washout problem on Lakeshore Drive. Commr. Smoak stated he would investigate the matter and report back as it was his feeling this portion of Lakeshore Drive is within the City Limits of Clermont.

BUDGET/MEETINGS

The Board tentatively scheduled a Budget Workshop for Thursday, August 4, 1983, at 1:30 p.m. and requested they be contacted should staff not have any business and wish the meeting to be postponed.

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

cbr/8/5/83