A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JANUARY 3, 1984

The Lake County Board of County Commissioners met in regular session on Tuesday, January 3, 1984, at 9:00 a.m. in the Board of County Commissioners' Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Glenn C. Burhans, Chairman; James R. Carson, Jr.; Claude E. Smoak, Jr.; and C. A. "Lex" Deems. Commr. Windram was not present for the meeting. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Mary C. Grover, Secretary.

The Invocation was given by Mr. Watkins and the Pledge of Allegiance was led by Commr. Carson.

TRANSFER OF CHAIRMANSHIP

At 9:Ol a.m., Commr. Deems, Vice-Chairman, announced the time had arrived to turn the Chairmanship over to the 1984 Chairman-Elect, Commr. Glenn C. Burhans. At this time the actual transfer of seats took place and Mr. Watkins administered the Oath of Office.

MINUTES

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the Minutes of December 20, 1983, as corrected.

APPOINTMENTS/FIRE DISTRICTS-DEPARTMENTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board reappointed Mr. George Ragusin as Fire Commissioner for the Northwest Fire District for a term of four (4) years as recommended by the Northwest Fire District.

BONDS - CONTRACTOR

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

NEW

1135-84 Charles C. Iden (Building)

1154-83 Delbert B. Rucker d/b/a Rucker Plumbing, Inc. (Plumbing)

1767-84 Al Woods (Masonry and Concrete)

1981-84 Clayton Garrison d/b/a Sentry Electric, Inc. of Central

Florida (Electrical)

4076-84 S. Dale Arrowsmith (Residential)

4077-84 Norma Macks (Septic Tank Installations).4078-84 William R. Vitter (General)

4079-84 Michael E. Gillett d/b/a Airtron, Inc. (Plumbing)

LICENSE AND PERMITS

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

carried unanimously, the Board approved the following gun permits and bonds:

RENEWAL

ACCOUNTS ALLOWED/INDIGENTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved payment of warrant #37388 through #37619 for the following accounts:

General Revenue Fine & Forfeiture

County Transportation Trust Revenue Sharing

Mosquito Control Law Library

Aquatic Weed Northeast Hospital

Northeast Ambulance Northwest Ambulance

Section 8 Law Enforcement Trust Fund

Private Industry Council Landfill

County Wide Library

The motion also included payment of the following Indigents:

Jeanie Cable for Edward Meyer --------------$50/December

Higley Investment Trust for Kim Bennett----$50/December

APPOINTMENTS/FIRE DISTRICTS-DEPARTMENTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board reappointed Mr. Larry Lipps as Fire Commissioner for the Northwest Fire District for a term of four (4) years as recommended by the Northwest Fire District.

REPORTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of the following Distribution of Revenue, Traffic/Criminal Cases:

December 16, 1983 - $8,635.86

December 23, 1983 - $7,040.38

COURTS-JUDGES

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the following Satisfaction of Judgments:

Trent Andrea Jones, Child; and Aaron & Betty Jones, Parents, in the amount of $300.00, Case #83-54-CJ

Trent Andrea Jones, Child; and Aaron & Betty Jones, Parents, in the amount of $150.00, Case #81-211-CJ

Terry Vance Paradis, Child; and John & Andrea Paradis, Parents, in the amount of $50.00, Case #82-65-CJ

MENTAL HEALTH/CONTRACTS, LEASES AND AGREEMENTS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the renewal of the leases with Lake-Sumter Community Mental Health Center for office space located at 112 Sinclair Avenue and 402 West Main Street in Tavares.

CONTRACTS, LEASES & AGREEMENTS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved to renew the lease with Quality Petroleum Corporation, on the warehouse the County is leasing located on Alfred Street in Tavares.

LIBRARIES/APPOINTMENTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board reappointed Mrs. Louise Meckstroth to serve on the Lake County Library Board for a term of two (2) years.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board reappointed Mrs. Eloise Fisher and Dr. F. P. Hatfield to serve on the Lake County Library Board for a term of two (2) years.

FIRE DISTRICTS-DEPARTMENTS/AGRICULTURE CENTER/COUNTY PROPERTY

Mr. Michael C. Willett, Director of Development and Public Works, addressed the Board regarding the request from the Woodlea Volunteer Fire Department to have their building plans approved and a request for additional land. He stated that the property is located behind the Agriculture Building. He stated that in order to get a septic tank permit and additional parking the Fire Department needed an additional 50 feet.

Mrs. Nell Taylor, Woodlea Volunteer Fire Department, was

present to discuss the request with the Board. She stated that the Fire Department would like the additional footage to be on the Agriculture Center side. Mr. Willett pointed out that the building plans had been approved by Mr. Taylor, Building Official.

Mrs. Taylor stated that the City of Tavares no longer issues permits for water services outside the City limits: therefore Mrs. Taylor requested that the Fire Department water system be tied into the Agriculture Center water system. She further stated that Lake Region Packing Company and Mr. Blanton will allow the Fire Department to use their water to fill the truck tanks and that the Agriculture Center water system would be for the utility room of the Fire Department.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from Mrs. Taylor for an additional 50 feet of acceptable property and directed her to work with the Agriculture Center regarding the additional property and the water system.

PUBLIC WORKS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request for a one- time maintenance on Swan Road for Tom LaMotte in the amount of $645.00.

ROAD PROJECTS/ACCOUNTS ALLOWED

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved final payment to Trac Roadbuilders, Inc., on Project #21-83, #2-4606 Montclair Road and #2-4606A Gregory Road, in the amount of $58,900.00 (Revenue Sharing).

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved final payment to Asphalt Pavers, Inc. on Project #SA-15, La Dora Manor Subdivision, in the amount of $11,221.70. (Special Assessment and County Funding).

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved partial payment to Superior Asphalt Company, Inc., on Project #19-83, #3-0942 Hull Road and #3-0842 Wikel Lane, in the amount of $39,732.46. (Revenue Sharing).

DEEDS/RIGHT-OF-WAYS-ROADS-EASEMENTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board accepted a Right-of-Way Deed on Smitty Road #l-7906 from Blue Parrot Camping Park, Inc.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board accepted a Right-of-Way Deed on Pruitt Street Extension #2-4705 from Benjimen and Lillian J. Washington, as Trustees for Benjimen Washington, III.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board accepted the following Right-of- way Deeds on Emeralda Island Road #5-7528:

1. E. M. Whilden and Amy B. Whilden

2. David C. Whilden and Leah C. Whilden

3. Elizabeth Terre11

4. Maudie L. Sprayberry

5. Carmie B. Skipper

6. Warren H. Robinson

7. Thomas J. Paul and Edna J. Paul

8. Ida Louise Moore Johnson

9. Donald K. Hartman and Virginia B. Hartman

10. Floyd Hardy and Ella Lou H. Hardy, his wife, and

Jimmy Ray Creech and Betsy Creech, his wife

11. Marlin Cassidy, Sr.

12. Marion G. Arrington, Trustee

ASSESSMENT/RESOLUTIONS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board accepted the following roads in La Dora Manor Subdivision into the County maintenance system:

Valencia Avenue #3-4253

Tangelo Street #3-4253A

Mandarin Street #3-4253B

Temple Avenue #3-4253C

LANDFILLS

Mr. Michael C. Willett, Director of Development & Public Works, addressed the Board to discuss a change in the hours of operation at the Astor and Paisley Transfer Stations. He stated that 74% of the business at the Astor Transfer Station was between the hours of 9 a.m. and 3 p.m. He also stated that 63% of the business at the Paisley Transfer Station occurred between the hours of 9 a.m. and 3 p.m. He further stated that should the hours be changed to 9 a.m. to 5:30 p.m., there would be a cost savings of $8,800.00 per year. The Board discussed splitting the shifts and scheduling personnel on a part-time basis. No action was taken at this time.

ROAD PROJECTS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the Lake County Road Projects for 1984 as presented by Mr. Michael C. Willett, Director of Development & Public Works.

REZONING

Discussion occurred regarding a request for the Board to reconsider the rezoning case in Astor for a sprayfield. The Board denied the case on November 8, 1983. Mr. Willett, Director of Development & Public Works, stated that the Board has, in the past, waived the one year requirement to rehear rezoning cases that have been denied. Mr. Chris Ford, County Attorney, stated that he felt it would be improper to reconsider the request as a public hearing has already been held and stated that he felt the Board should not rehear the rezoning case. No action was taken at this time.

ORDINANCES/ZONING

At 10:00 a.m. the Chairman announced that the advertised time had arrived for the public hearing to consider an Ordinance amend-ing the Zoning Regulations to provide parking requirements for clubhouses in subdivisions, RV and mobile home parks.

It was noted that the proper proof of publication was on hand as it appeared in the December 9, and December 27, 1983, editions of the Sentinel Star, Lake Little Sentinel.

Mr. Dan Kotulla, Planning Department, was present to discuss the proposed Ordinance with the Board.

No one present in the audience wished to discuss the proposed Ordinance with the Board.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved to place the Ordinance on the floor for its first and final reading by title only:

AN ORDINANCE AMENDING THE ZONING REGULATIONS OF LAKE COUNTY FLORIDA, ORDINANCE 1971-6, AS AMENDED, BY ADMENDING SECTION 70.40(U)(6)(e) TO PROVIDE PARKING REQUIREMENTS FOR CLUBHOUSES IN SUBDIVISIONS, RV AND MOBILE HOME PARKS AND PROVIDING PARKING REQUIREMENTS FOR PRIVATE CLUBS AND LODGES: PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board adopted Ordinance 1984-1, as read on its first and final reading by title only.

RECESS & REASSEMBLY

At 10:05 a.m. the Chairman announced that the Board would recess for 10 minutes. The Board reconvened at 10:15 a.m.

PRIVATE INDUSTRY COUNCIL

Mr. James Flowers, Director of the Private Industry Council, addressed the Board to discuss the VLF-PIC, Inc. - Lake County Job Training Partnership Act (JTPA) Contract, October 1, 1983 through June 30, 1984. He stated that the Private Industry Council has approved a new pilot program approach for employment and training programs in Lake County. He further stated that the approach is intended to increase private sector involvement through the use of nominal payments for assistance in job development, OJT contracts, client referral and placement. He explained that the new approach involves the payment of $200 to the Chambers of Commerce in Lake County, to the Lake County Economic Development Council, or to either Lake-Sumter Community College or Vo-Tech (School Board) if one of the agencies notifies the PIC staff of a job opening which results in the placement of a JTPA eligible client.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of Mr. Flowers and approved the VLF-PIC Lake County Contract and

authorized the signature of the Chairman on the necessary documents.

The Board also authorized Mr. Flowers to enter into the necessary contracts for implementation of the above described pilot private sector involvement programs.

Mr. Jack Pae, Lake County Economic Development Council, addressed the Board and stated that he was supportive of the programs.

PUBLIC WORKS/EDUCATION

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved for Groveland Academy the use of the County 6" pump, on an emergency basis, to relieve the flooding situation at the Academy.

Commr. Deems was not present for the vote.

RECESS & REASSEMBLY

At 10:25 a.m. the Chairman announced that the Board would recess for five (5) minutes. The Board reconvened at 10:30 a.m.

COMMUNICATIONS

Mr. Jack Pae, Executive Director on the Lake County Economic Development Council, addressed the Board to give an update on the Council's activities. He stated that he was concerned with the shutdown of short-haul railroad lines in Lake County. He stated that he had met with the Railroad Company in Jacksonville to discuss the situation. He stated that the Council was requesting a delay of the shutdown in order to bring industry to Lake County. He further requested the Board's support in trying to keep the railroad lines open.

Mr. Pae showed the Board a map of the operating railroad lines, the lines which have been abandoned, and the lines which are proposed to be abandoned. He stated that the main railroad line would be the only line which would be kept opened and

maintained by the Railroad. He stated he was requesting that approximately 6.2 miles of line south of Leesburg be kept opened. He stated that the line which runs through an industrial area near State Road 33 is to be closed by 1985, and another short line in south Lake County that serves the High Acres, Inc., a citrus and fertilizer company in Groveland, will also be closed.

Mr. Christopher C. Ford, County Attorney, addressed the Board to discuss the railroad right-of-way. He stated that there could be some problem in obtaining titles to railroad right-of- way. He stated that it has been past policy of the Railroad Company to see if the Government was interested in the right-of- way; then the adjoining property owners second; and then the general public at large third. He stated that the Company generally cooperated with the groups in that order in releasing the right-of-way.

MT. Pae stated that he had another meeting in Jacksonville and that he would like to obtain appraisals on the line. He further stated that he would like to appear before the Board when he received additional information.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized Commr. Burhans to communicate with the Seaboard Railroad indicating the Board's interest in keeping informed of any future plans of the Railroad and also informing the County's interest in developing industrial areas within the County.

Mr. Pae then introduced Mr. Norman Endahl, President of the Economic Development Council.

Mr. Ricky Shipes, Mt. Dora, addressed the Board to discuss the railroad situation in Lake County.

SHERIFF'S DEPARTMENT/ACCOUNTS ALLOWED/BUDGET TRANSFERS

Mr. Chris Giachetti, Lake County Sheriff's Department, addressed the Board requesting funds in the amount of $3,750.00 from the Lake County Law Enforcement Trust Account to be used for the purchase of a used 1978 Chevrolet Step-Van.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from Sheriff Griffin that funds be made available from the Law Enforcement Trust Account and transferred to the Sheriff's Office Equipment for the purchase of a used 1978 Chevrolet Step-Van.

RECESS & REASSEMBLY

At 11:15 a.m. the Chairman announced that the Board would recess for lunch. The Board reconvened at 2:00 p.m.

ORDINANCES

Mr. Michael C. Willett, Director of Development and Public Works, addressed the Board to discuss the proposed litter ordinance. He stated that the proposed litter ordinance and abandoned property ordinance were to replace the current Solid Waste Ordinance. He stated that the proposed ordinances would be enforceable by the Code Enforcement Board. Mr. Dan Kotulla, Planning Department, was also present to review the proposed ordinance.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved for the proposed litter ordinance to be advertised for public hearing.

ORDINANCES

Mr. Michael C. Willett, Director of Development and Public Works, addressed the Board to discuss the proposed abandoned property ordinance. Mr. Dan Kotulla, Planning Department, addressed the Board and stated that he felt a clause stating that it is unlawful for people to discard abandoned property in lakes or on other individuals property should be added to the ordinance. He stated that as the ordinance is written now, it addresses storing on a person's own property.

Discussion occurred regarding the reasons the two ordinances were written separately. The Board directed Mr. Willett to talk with Sanford Minkoff, County Attorney's Office, to see if the proposed ordinances should be separate or if they could be combined.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board authorized the advertising of the proposed ordinances, separately or combined, for public hearings.

COMMUNICATIONS/COURTHOUSE

Pastor Manning, Mt. Tabor Baptist Church in Leesburg, addressed the Board requesting space at the Courthouse complex to hold a celebration in honor of Martin Luther King, Jr.'s birthday on January 15, 1984. He stated that there would be a 45 minute celebration held on Sunday, January 15, 1984, at 3:30 p.m. He stated that there would be approximately 250-300 people attending the celebration.

The Board agreed to allow Pastor Manning the use of the old courthouse parking lot for the celebration of Martin Luther King, Jr. 's birthday and directed Pastor Manning to work with Michael C. Willett, Director of Development & Public Works, regarding setting up the equipment and instructed him to check with the City of Tavares to see if they require any specific permits.

Pastor Manning stated that he would like one of the Board members to speak at the celebration. Commr. Burhans stated that he would speak.

PUBLIC HEALTH

Commr. Burhans informed the Board that each had received a copy of the preliminary draft from Representative Kelly's Office regarding a bill relating to social and economic assistance; amending S. 409.345 F.S., relating to public assistance payments constituting a debt of the recipient; requiring the Department of HRS to notify counties regarding the death of recipients; providing for county enforcement of claims; providing for reimbursement on a prorated basis.

FIRE DISTRICTS-FIRE DEPARTMENTS/CONTRACTS, LEASES & AGREEMENTS

Mr. Christopher C. Ford, County Attorney, presented the Board with an agreement between Lake County and the Division of Forestry. The agreement is to lease the Division of Forestry property to use for a radio station site and for other fire control and Division of Forestry purposes. Mr. Ford stated that it was a 50 year lease with a 50 year renewal clause. Discussion occurred regarding the number of acres involved. The Board instructed Mr. Willett to research the approximate acreage of the property and how many acres the Divison of Forestry was requesting, and report back to the Board next week. The Board also directed a copy of the agreement be sent to Mr. Terre11 Davis, Division of Forestry, for his review.

POLLUTION CONTROL

At this time Mr. Michael C. Willett, Director of Development and Public Works Director, introduced Mrs. Paulette Muller, the new Pollution Control Director.

ACCOUNTS ALLOWED/GAME & FRESH WATER FISH COMMISSION

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved to purchase twenty five (25) bags of soybean chips, #80 bag from Stokes, Leesburg, in the amount of $450.00, which is to be used by the Game & Fresh Water Fish Commission to attract fish to the Clermont fishing pier.

RECESS & REASSEMBLY

At 2:50 p.m. the Chairman announced the Board would recess for 10 minutes. The Board reconvened at 3:00 p.m. for discussion on fire protection in Lake County.

FIRE DISTRICTS-DEPARTMENTS/MUNICIPALITIES

Commr. Smoak addressed the Board to discuss the drafts of the emergency ordinance and contract pertaining to fire protection for unincorporated areas of Lake County. He stated that input was needed from the cities on the draft of the agreement. He stated he felt that the Board should go on record supporting the concept of an emergency interlocal agreement and authorized himself; Mr. Joe Stephany, Emergency Services Director: and Mr. Joe Davis, County Attorney's Office, to meet with the attorney of interested cities and city officials to prepare a draft agreement which would be acceptable to the cities and the County.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board agreed to support the adoption of a properly worded document and authorized Commr. Smoak, Joe Stephany, and Joe Davis to work with the cities to prepare a draft document which is acceptable to the cities and that the County Attorney's Office feels is adequate to protect the County and present the draft agreement to the Board at the next meeting.

Mr. Joe Stephany, Emergency Services Director, addressed the Board to discuss the structure tax. He stated that in order to have the structure tax question on the ballot, Mrs. Stegall, Supervisor of Elections, needs to have the question by February 1, 1984.

He explained that there were two kinds of structural tax- ne being done on a schedule basis where each structure falling under the same category would pay the same fee. The second type of structure tax is an assessed valuation against real property upon which a structure is located. Mr. Stephany recommended using the assessed valuation of the building for the structure tax. He further stated that he has spoken with the Property Appraiser's Office in regards to obtaining figures for both procedures. He. further stated that the Property Appraiser's Office could obtain the figures on the assessed valuation within the week, but that it would take longer to obtain the figures for the schedule basis.

Mr. Charles Blymyer, Bassville Fire District, was present for the discussion on fire protection.

Discussion continued regarding placing the structure tax question on the ballot. It was the opinion of the Board that the question should be placed on the ballot as a referendum and not a staw ballot question.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board authorized Mr. Stephany to work with the Property Appraiser's office in obtaining the necessary figures for the structure tax, based upon the assessed valuation, excluding homestead exemption.

EMERGENCY SERVICES

Mr. Joe Stephany, Emergency Services, addressed the Board to give an update on the following:

1. He stated that the survey forms for the Hazardous Waste Program have been mailed.

2. He informed the Board that Emergency Services is providing fresh water to those individuals whose wells are contaminated with EDB.

3. He stated that the ban on the chemical Temik has been lifted and that application of the chemical is taking place.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:45 p.m.

Glenn C. Burhans, Chairman

James C. Watkins, Clerk

mcg/l-4-84