A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FEBRUARY 7, 1984

The Lake County Board of County Commissioners met in regular session on Tuesday February 7 1984 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 C. A. "Lex" Deems, Vice-Chairman; James R. Carson Jr.; Claude E. Smoak; and Thomas J. Windram. Others present were Sanford Minkoff, County Attorney's Office: and Toni M. Austin, Secretary. James C. Watkins, Clerk; Christopher C Ford, County Attorney; and Glenn C. Burhans, Chairman, were not present due to their attendance at a Jail Seminar in Colorado.

Commr. Carson gave the Invocation and the Pledge of Allegiance was led by Commr. Smoak. The Board acknowledged the following Boy Scouts who participated in "BOY SCOUTING IN GOVERNMENT DAY"

Marvin Jackson Chris Irrgang

Eric Irrgang Mike Chappell

MINUTES

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the Minutes of January 17, 1984 as corrected.

On a motion by Commr. Smoak, seconded by Commr Carson and carried unanimously, the Board approved the Special Minutes of January 27 1984 as submitted.

BONDS-CONTRACTOR

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

New

1642-84 Donald L. Sikes d/b/a Sikes Construction (General)

1976-84 John Charles Roper d/b/a All Service Company

(Mechanical Contractor Class B)

4081-84 Terry S. Vargo (Electrical)

4082-84 BO R. D'Avanzo (Roofing Contractor)

4083-84 Ronald S. Lazo (Master Electrical Contractor)

4084-84 Parker Construction, Inc & Bill L. Parker (Building)

4085-84 Robert E. Mims d/b/a Airtron, Inc. (Electrical)

4086-84 Michael Coleman d/b/a Coleman Heating & Air

(Heating & Air)

Cancellations

1950-84 Richard L. Gerth

LICENSES AND PERMITS

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

New

Mark R. Bonsal James E. Gardner

Renewal

Additions

Thomas 0. Hisle Douglas Arthur Young

ACCOUNTS ALLOWED/INDIGENTS

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the payment of Warrant #37859 through Warrant #38233 for the following accounts:

General Revenue

Fine and Forfeiture

County Transportation Fund

Revenue Sharing

Mosquito Control

Law Library

Aquatic Weed

Fish Conservation

Section 8

PIC

Certificate of Indebtedness

Landfill

County Wide Library

Special Assessments

Included in the motion was approval to pay the following indigents:

Helen Sumner for Rebecca Carlin - District #2 - $50.00

Higley Investment Trust for Edna Cunningham -District

#4 - $50.00

Donna L. Houston for Wayne Crawford - District #4 - $50.00

BUDGET TRANSFERS/PIC

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the following budget transfers:

JTPA TITLE IIA FUND

Transfer the following amounts due to modifications of current years JPTA Contract. The total Contracts remains @ $892,419.00 for the 1983-84 fiscal year.

Increase Decrease

158-551-1-00-23-100-120 Staff Salaries $ 3,157 $ -

158-551-1-00-23-100-210 Social Security 972

158-551-1-00-23-100-220 Retirement 288

158-551-1-00-23-100-230 Life & Health Ins. 7,013

158-551-1-00-23-100-240 Workermans Comp. 4,989

158-551-1-00-23-100-310 Individual Referral _

158-551-1-00-23-100-319 Placement 32,000

158-551-1-00-23-100-340 Exemplary Youth 28,829

158-551-1-00-23-100-349 OJT 36,004

158-551-1-00-23-100-400 Travel 6,000

158-551-1-00-23-100-410 Communications 2,967

158-551-1-00-23-100-421 Postage 134

158-551-1-00-23-100-430 Utility 3,100

158-551-1-00-23-100-440 Rentals & Leases 5,500

158-551-1-00-23-100-450 Insurance 417

158-551-1-00-23-100-460 Repairs & Maint. 1,000

158-551-1-00-23-100-490 Other Chgs(Indirect) - 6,879

158-551-1-00-23-100-495 Advertising 1,433

158-551-1-00-23-100-499 Other Miscellaneous - 2,883

158-551-1-00-23-100-510 Office Supplies 484

158-551-1-00-23-100-540 Books Publications 500

158-551-1-00-25-100-120 Staff Salaries 29.583

158-551-1-00-25-100-210 Social Security 1,938

158-551-1-00-25-100-220 Retirement 3,120

158-551-1-00-25-100-230 Life & Health Ins. 924

158-551-1-00-25-100-240 Workmans Comp. 1,317

158-551-1-00-25-100-250 Unemployment Comp.

158-551-1-00-25-100-310 Professional Serv. 1,195

158-551-1-00-25-100-312 Legal Services 1,700

158-551-1-00-25-100-340 Contractual Serv.

158-551-1-00-25-100-400 Travel & Per Diem 500

158-551-1-00-25-100-410 Communications 1,500

158-551-1-00-25-100-420 Transportation

158-551-1-00-25-100-421 Postage 100

158-551-1-00-25-100-430 Utilities 2,900

158-551-1-00-25-100-440 Rentals & Leases 1,250

158-551-1-00-25-100-450 Insurance

158-551-1-00-25-100-460 Repairs & Maint.

158-551-1-00-25-100-490 Other Chgs(Indirect) 10,500

158-551-1-00-25-100-495 Advertising 100

158-551-1-00-25-100-499 Miscellaneous 161

158-551-1-00-25-100-510 Office Supplies 700

158-551-1-00-25-100-540 Books Pub.& Dues 269

158-551-1-00-25-100-640 Machinery & Equip. 0000 00000

$101,153 $101,153

Reason: Modification of Budget requested by Mr. Flowers.

CETA ADMINISTRATION FUND

MANPOWER TRAINING

ADMINISTRATION

Increase Decrease

148-551-1-00-24-010-120 Salaries $- $-

148-551-1-00-24-010-210 Social Security

148-551-1-00-24-010-220 Retirement

148-551-1-00-24-010-230 Life & Health 600

148-551-1-00-24-010-240 Workmans Comp.

148-551-1-00-24-010-250 Unemployment

148-551-1-00-24-010-310 Professional Serv

148-551-1-00-24-010-312 Legal Services

148-551-1-00-24-010-320 Accounting/Auditing

148-551-1-00-24-010-340 Contractual Serv.

148-551-1-00-24-010-400 Travel & Per Diem

148-551-1-00-24-010-410 Communications

148-551-1-00-24-010-421 Postage

148-551-1-00-24-010-430 Utility Service

148-551-1-00-24-010-440 Rentals & Leases

148-551-1-00-24-010-450 Insurance

148-551-1-00-24-010-460 Repairs & Maint.

148-551-1-00-24-010-490 Other Current Chgs

148-551-1-00-24-010-499 (Indirect) 4,000

Other Miscellaneous

148-551-1-00-24-010-510 Office Supplies

148-551-1-00-24-010-540 Books/Publications 182,389

148-551-1-00-24-010-999 Contingency

186,989 $186,982

Reason: Modification of budget requested by Mr. Flowers

JPTA TITLE I (OLDER WORKERS) FUND

Estimated Revenues:

Jobs Partnership Training Act $25,572

Less 5% (1,279)

$24,293

Appropriations

Administration:

152-551-1-00-25-100-120 Staff Salaries $ 2,150

152-251-1-00-25-100-210 Social Security 151

152-251-1-00-25-100-220 Retirement 220

152-251-1-00-25-100-230 Life & Health Insurance 215

152-251-1-00-25-100-240 Workmans Compensation 58

152-251-1-00-25-100-400 Travel & Per Diem 50

152-251-1-00-25-100-410 Communications 50

152-251-1-00-25-100-421 Postage

152-251-1-00-25-100-440 Rental & Leases 50

152-251-1-00-25-100-490 Miscellaneous 500

152-251-1-00-25-100-499 Other Miscellaneous 100

152-251-1-00-25-100-510 Office Supplies 100

Support:

152-551-1-00-25-110-497 Needs Based Payments 2,500

152-551-1-00-25-110-499 Other Miscellaneous 1,144

Training:

152-551-1-00-25-120-120 Salaries 3,800

152-551-1-00-25-120-210 Social Security 270

152-551-1-00-25-120-220 Retirement 385

152-551-1-00-25-120-230 Life & Health Insurance 380

152-551-1-00-25-120-240 Workmans Compensation 50

152-551-1-00-25-120-340 Contractual Services 11.005

152-551-1-00-25-120-400 Travel 100

152-551-1-00-25-120-410 Communications 100

152-551-1-00-25-120-421 Postage 50

152-551-1-00-25-120-440 Rental and Leases 100

152-551-1-00-25-120-490 Miscellaneous 565

152-551-1-00-25-120-499 Other Miscellaneous 100

152-551-1-00-25-120-510 Office Supplies 100

Total Appropriations $24,293

Reason: New Budget request by Mr. Flowers, per Florida

Statutes, Section 129.06(D).

ASSESSMENTS

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

Eustis Heights

Gary A. Shepherd & Leah J., H/W $ 198.00

Sorrento Village

Robert J. Avant & Anna M., H/W 1,245.06

Sparks Village Subdivision

Daniel Rich & Andrea, H/W 314.13

Lake View Heights 1st and 2nd Additions

Robert Garcia and Fred Garcia 297.24

Robert Garcia and Fred Garcia 574.78

Grace A. Nicholson

Forest Lake Subdivision

George E. Measel & Elsie D., H/W 570.45

Harold L. Wieler c/o E. H. Wieler 500.07

Hugh J. Greechan, Sr., & Edwina A., H/W 500.80

Leslie P. Hardy 485.10

Leslie P. Hardy 485.10

George Moore & Georgia M., H/W 485.10

Earl Martin, Jr. & Gertrude, H/W 831.25

Charles C. Coleman & Mary B., H/W 910.00

Charles C. Coleman & Mary B., H/W 1,050.00

Robert J. Burke & Linda Ann 218.75

Alfred Meinhold & Emily, H/W 218.75

Alfred Meinhold & Emily, H/W 1,050.00

Walter John Humphrey & Akiko, H/W 910.00

Rabaun L. Reynolds & Alice W., H/W Subject to a 649.57

deed in favor of Richard L. Gardner & Kathryn

T., H/W 485.10

Allan F. Wegener & Betty L., H/W 485.10

Hilltop Subdivision

A. C. White &/or Betty, H/W 844.20

Haines Creek Church of God, Inc. 542.70

Grace J. Gehrig & John C., H/W 542.70

Asie Marvin Cain & Rebecca A., H/W 542.70

Jack M. Blachley and Elroy Phillips 904.50

Mack E. Eldridge, Jr. & Dorothy, H/W 645.21

Thomas E. Sexton 934.65

Robert L. Womack & Corine W., H/W 753.75

Cecil Green &/or Lillian, H/W 603.00

Cecil Green &/or Lillian, H/W 609.03

Rev. E. Raymond Hency L/or Julia M., H/W 603.00

Gilbert E. Swart & Ruth M., H/W 1,079.37

Jessie Price & Anna, H/W 603.00

John A. Marling & Mary Alice, H/W 603.00

Gordon Boelke & Janice K., H/W 603.00

Florida Camp Meeting Assoc. of the Church of God 1,055.25

Florida Camp Meeting Assoc. of the Church of God 150.75

Herman W. Harris & Edna A., H/W 783.90

Rev. W. Albert Donaldson & Myrtle F., H/W 1,380.87

Virginia Louise De Marco 603.00

Gaston A. Arseneault & Pauline, H/W 1,236.15

La Dora Manor

William Ray Hahn 209.30

Roy G. Chrissinger & Louise A., H/W 258.84

Olive S. Charles 183.40

Marguerite E. Nelson 183.40

John H. Ringelspaugh & Ruth W., H/W 254.15

Clarence E. Klotten & Beatrice N., H/W 209.30

Harold M. Halliwill & Eloda, H/W 224.25

Donnie Ezelle Grant 209.30

Hubert Ralph Gerstnecker & Betty L., H/W 224.25

Willard C. Barnes & Norma L., H/W 209.30

Willie E. Young 210.38

Charles E. Stonerock & Velma L., H/W 183.40

Sharon A. Cloney, Scott Seekamp, &

Leona F. Seekamp 183.40

Vernon D. Hastidt & Anna, H/W 210.38

Alva V. Gibson & Ethel Mae, H/W 235.80

Betty June Toman 209.30

Charlotte B. Conover 183.40

Raymond H. Amalong & Agnes M., H/W 209.30

La Dora Manor Community Association 209.30

La Dora Manor Community Association 89.70

Everette Lucas & Lucille, H/W 209.30

PUBLIC HEALTH/REPORTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt for the October, November , and December, 1983, Monthly Reports from Lake Community Action Agency.

REPORTS/SHERIFF'S DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the Report of Forfeitures for the 4th quarter of 1983 from Sheriff Noel E. Griffin, Jr.

HEALTH DEPARTMENT/REPORTS

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board acknowledged receipt of the Financial Statement from the Lake County Health Department for the period of July 1, 1983, to October 31, 1983.

REPORTS

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

January 6, 1984 - $ 7,657.60

January 13, 1984 - 10,062.33

January 20, 1984 - 6,564.78

REPORTS/WATER RESOURCES

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board acknowledged receipt of the South- west Florida Water Management District audit report for the fiscal year 1983.

BIDS/PURCHASING DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request from the Purchasing Department to extend County Bid #210-009-083 for Filled Rip Rap Bags to Golden Triangle Builders Supply, Mt. Dora, Florida, to March 1, 1984, at the present rate.

FAIRGROUNDS/PUBLIC HEALTH

Ruth Pelham, Lake Community Action Agency, appeared before the Board to discuss the possibility of using the Fairgrounds to distribute the commodities received by the Agency. Mrs. Pelham informed the Board that she had spoken to Mr. George Johnson regarding this request. She stated that Mr. Johnson informed her that the Fairground facilities would be available from the latter part of April through August. Mrs. Pelham further stated that she felt that many people would be missed should the distribution center be relocated for only four months. Mrs. Pelham stated that the next delivery of commodities would be February 20, 1984, and that there is no schedule as to when a delivery will be made. She further stated that there were approximately fifteen deliveries made last year.

Mrs. Pelham stated that the Eustis Armory was being considered as a distribution center, as well as any other facility with plenty of parking availability.

Commr. Deems informed the Board that Michael C. Willett, County Administrator, was under the impression that the Fairgounds would only be available on Tuesdays.

On a motion by Commr . Smoak, seconded by Commr. Windram and carried unanimously, the Board authorized Kathy McDonald, Public Works, to contact the City Manager o f Eustis regarding a workable plan being developed for the use of city property as a distribution center for the commodities received by Lake Community Action Agency, and to investigate any other source that the County may have for a suitable location to assist the Agency.

GRANTS/PUBLIC HEALTH

Barbara Landwehr, Planning Department, appeared before the

Board to discuss the 1984 Community Services Block Grant

applications received for February, 1984. Mrs. Landwehr informed the Board that the State automatically allocates a flat fee to each county and the rest of the funds are distributed by poverty level. She stated that this year Lake County received a $5,000 flat fee and $2,589 based on poverty. Mrs. Landwehr further stated that Haven of Lake and Sumter Counties, Inc. and Lake County Sunrise Workshop, Inc. have each received $4,202 from the Community Services Trust Fund for the Fiscal Year 1984.

Dr. Roanne Moreno, Executive Director of Childhood Development Services, representing the Lake County Day Care Advisory Council, appeared before the Board to request $6,000 as the 12 l/2% local match requirement for Lake County's participation in the Title 20 Day Care Program. Dr. Moreno informed the Board of those who were eligible to receive the funding from the Program. She stated that the purpose of the Program was to help parents get off of Welfare or to keep them from slipping into the Welfare net. She further stated that this year the Program is serving 75 children. Dr. Moreno informed the Board that the Program serves all of the Fifth Judicial District and that they sub-contract with private day care providers in Mt. Dora, Eustis, Tavares and Leesburg. Dr. Moreno stated that the fee monies collected from the parents cannot be used as part of the local match.

ORDINANCES

At 1O:OO a.m. Commr. Deems postponed the Public Hearings until 10:15 a.m.

GRANTS/PUBLIC HEALTH (CON'T.)

Mrs. Linda Shirley, Small World Development Center, Eustis, appeared before the Board and stated that she has contracted with the Title 20 Program for ten children. She stated that the majority of the parents are students and single parents. Mrs. Shirley stated that most of the parents are unable to pay any fees.

Mrs. Betty Baker, Little Britches Childcare Center, Inc., Eustis, appeared before the Board and stated that she has 12 children contracted under the Title 20 Program. Mrs. Baker

discussed the type of families involved in the Program and stated that most of them are paying a portion of the fees.

Bobbie Wagner, Board of Directors of Haven of Lake and Sumter Counties, Inc., appeared before the Board and stated that there has been an increase in demand for their services, which included sheltering women with dependent children who have been abused and have had to leave home. Ms. Wagner stated that so far Haven has not served anyone with funds available, and that their request is for $3,500.

Ms. Wagner stated that the other sources of income for Haven was from United Way and local fund raising efforts.

Mr. Roy Howard, Lake County Sunrise Workshop, Inc., appeared before the Board to discuss their request for $7,589. Mr. Howard stated that Sunrise provides opportunity and training for low income handicapped individuals, which Lake County has over 57 handicapped individuals that could benefit from the Sunrise program that is offered. Mr. Howard further stated that 25% of the Workshop's clients are low income persons, and that their goal is to serve over 100 clients this year. Mr. Howard stated that the Sunrise Workshop's budget this year is $214,000, and that there are over 5,700 handicapped individuals in Lake County.

ORDINANCES

At 10:15 a.m. Commr. Deems postponed the Public Hearings until 10:30 a.m.

GRANTS/PUBLIC HEALTH (CON'T.)

Melanie Green, Oak Wood Apartments Advisory Board, appeared before the Board to discuss their first time request for $3,808, which is strictly for recreational equipment for the low income children between the ages of three and twelve. Ms. Green stated that there are approximately 96 children from single parent house-holds at Oak Wood Apartments.

MS. Green stated that Oak Wood Apartments Advisory Board has at the present $322, and she discussed the memo distributed to the Board members regarding statistics of the facility.

Discussion occurred regarding the restrictions for the funding and the liability and ownership of equipment purchased with the funds. The Board also discussed the possibility of distributing funds to agencies who have not received funding from the Community Services Trust Fund.

Commr. Smoak made a motion to distribute the Community Services Block Grant funds as follows:

$6,000 Childhood Development Services

500 Haven of Lake and Sumter Counties, Inc.

500 Lake County Sunrise Workshop, Inc.

589 Lake County Council on Aging, Inc.

The motion was withdrawn for discussion.

Discussion occurred regarding the distribution of the funds to the agencies.

Jerry Sexton, Planning and Zoning Coordinator, appeared before the Board and discussed the possibility of other cities applying for the funds. Mr. Sexton suggested, that since the funds were of a small amount, they be given to one organization, such as Childhood Development Services, since they do receive matching funds.

On a motion by Commr. Windram, seconded by Commr. Carson and carried, the Board approved the allocation of the Community Services Block Grant funds as follows:

$5,000 Childhood Development Services

863 Haven of Lake and Sumter Counties, Inc.

863 Lake County Sunrise Workshop, Inc.

863 Lake County Council on Aging, Inc.

$7,589 TOTAL

Commr. Smoak voted "no".

ORDINANCES/CODE VIOLATIONS

At 10:45 a.m. the Chairman announced that the time had arrived for the Public Hearing regarding the proposed Litter and Abandoned Property Ordinance. It was noted that the proper proof of publication was on hand as it appeared in the January 18, 1984, and January 31, 1984, editions of the Sentinel Star, Lake Little Sentinel.

Jerry Sexton, Planning and Zoning Coordinator, appeared before the Board to discuss the proposed Ordinance. Mr. Sexton stated that the Board had suggested combining the Litter Control and the Abandoned Property Ordinances.

Discussion occurred regarding the definition of abandoned property and derelict property and the feeling of creating a code enforcement problem.

Mr. Sexton stated that the definition of "Abandoned property" was taken from the Florida Statutes and the Orange County Ordinance.

Discussion occurred regarding omitting the word "derelict".

Mr. Sexton requested permission to advertise the Building Ordinance for enforcement under the Code Enforcement Board in order to resolve problems with unsafe vacant buildings found throughout the County and owner-builders.

At this time the Board requested copies of the Building Ordinance for review before any action is taken.

No one present wished to discuss the proposed ordinance with the Board.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board placed the Ordinance on the floor by title only for its first and final reading as follows:

"AN ORDINANCE OF THE LAKE COUNTY BOARD OF COUNTY COMMISSIONERS RELATING TO THE CONTROL OF LITTER AND ABANDONED PROPERTY WITHIN THE UNINCORPORATED AREAS OF LAKE COUNTY, PROVIDING DEFINITIONS; PROHIBITING LITTERING; DECLARING ABANDONED PROPERTY TO BE A NUISANCE: REGULATING LOADS ON VEHICLES; REGULATING THE CONTROL OF LITTER: PROHIBITING THE MAINTENANCE OF A PUBLIC NUISANCE BY MAINTAINING PROPERTY IN VIOLATION OF THE ORDINANCE: PROVIDING FOR DISPOSAL OF LITTER; PROHIBITING THE STORAGE OF ABANDONED PROPERTY ON PRIVATE PROPERTY; PROVIDING PROCEDURES FOR ENFORCEMENT;.PROVIDING FOR THE CODE ENFORCEMENT BOARD OF LAKE COUNTY TO INTERPRET AND ENFORCE THE PROVISIONS OF THIS ORDINANCE; PROVIDING PENALTIES FOR VIOLATIONS OF THIS ORDINANCE: CREATING A PRESUMPTION OF RESPONSIBILITY AGAINST PERSONS WHOSE NAMES OR ADDRESSES ARE FOUND UPON LITTER; PROVIDING SEVERABILITY; REPEALING ORDINANCE 70-l (SOLID WASTE); PROVIDING AN EFFECTIVE DATE."

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board adopted Ordinance 1984-2 as read on its first and final reading by title only.

ORDINANCES/WATER AUTHORITY

The Chairman announced that the time had arrived for the Public Hearing regarding the proposed Removal of Noxious Aquatic Plants Ordinance. It was noted that the proper proof of

publication was on hand as it appeared in the January 18, 1984, and January 31, 1984, editions of the Sentinel Star, Lake Little Sentinel.

Will Davis, Lake County Water Authority, appeared before the Board to discuss the proposed Ordinance. Mr. Davis stated that the Ordinance was modeled after a Polk County Ordinance to help develop more of a public awareness to the transportation of plants between lakes.

Mr. Davis stated that the Ordinance would be enforced by the Board of County Commissioners or the Sheriff's Department.

No one present wished to discuss the proposed Ordinance with

the Board.

Discussion occurred regarding removing the word "noxious" from Section two and three, or changing the word to "harmful". On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to strike the word "noxious" from Section two and Section three and delete the word "means" and replace it with the word "includes".

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board placed the amended Ordinance on the floor by title only for its first and final reading as follows:

"AN ORDINANCE REGULATING REMOVAL OF NOXIOUS AQUATIC PLANTS FROM INFESTED WATERS; DEFINING TERMS MAKING IT UNLAWFUL TO TRANSPORT NOXIOIJS PLANTS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE."

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board adopted Ordinance 1984-3 as amended and as read on its first and final reading by title only.

RIGHT-OF-WAYS-ROADS-EASEMENTS

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the release of a Drainage Easement to Woodrow W. and Marie H. Smith on Spring Lake Drive #l-6304.

COUNTY PROPERTY

Mr. Steve Richey, Attorney, appeared before the Board to discuss the Board's approval in 1981 of a land swap of the barrow pit on 441, Leesburg side of the airport, based on MIA appraisal, for land at Sunnyside where there was going to be a fire station erected. Mr. Richey stated that the Bassville Fire Department did not feel that the steel structure was to their liking, so purchased property and built their own structure.

Mr. Richey reported to the Board the research that has been done since that time.

Mr. Richey requested from the Board permission to discuss with Michael C. Willett, County Administrator, the plans for the County maintenance barn should the land swap be effected between the City of Umatilla for the five acres on district road S-1070, previously used for landfill purposes in the early 1960's, and the barrow pit on 441 in Leesburg. Mr. Richey stated that the appraisal performed on the property on 441 in 1981 was $75,000, for eleven acres, less than three acres being usable land and the rest being the pit.

Discussion occurred regarding the statutory limitations on disposing of county lands.

Discussion occurred regarding placing the property in Leesburg for sealed bid. Mr. Richey stated that part of the trade process would include advertising this to the public giving them the right to match the trade offer.

Commr. Smoak stated that he was not in favor of a trade based on an appraisal until the County gave the public an opportunity to tell us what the property is worth to a willing buyer, including Mr. Richey's client.

On a notion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Roard directed the County Attorney's Office to prepare the necessary documentation to declare the property in Leesburg surplus property and to prepare for public notice a sealed bid offering to the public on the property, including the terminology which gives the County the authority to refuse and reject any and all offers.

Discussion occurred regarding the inclusion of this particular property with the other twenty parcels being declared surplus. At this time it was determined that the property in Leesburg should not be included because it was not the same type of parcel.

It was the intent of the motion to have the Public Works

Department and Mr. Willett to duly notify the public of the availability of the property and the fact that it has been declared surplus property. Mr. Minkoff was directed to submit to the Board the publication for the public for their review.

PUBLIC WORKS

Mr. Ben Benedum, Public Works Coordinator, reported to the Board the completion of the installation of the pipe at Lake Saunders. Mr. Benedum stated that he felt it is in the best interest of the County and the people of the Subdivision that the County continue to pursue the piping of the ditch throughout the subdivision. Mr. Benedum stated that in order to satisfactorily complete the project, it would be best for the County to pipe throughout the entire subdivision. Mr. Benedum further stated that he has already instructed his staff to begin negotiations with the St. Johns River Water Management District staff.

Mr. A. D. Segall appeared before the Board and stated that there are eleven homes affected by the ditch. Mr. Segall

distributed photographs to the Board members for their review. Mr. Segall stated that the owner of Lot #5, Mr. Haslin, has offered to furnish the owners all of the pipe needed for the drainage at cost.

Mr. Benedum stated that the County would install the pipe.

Mr. Tom Keeton appeared before the Board and stated that the property owners felt that the job could be done for a minimum amount of expense with the people contributing to the cost of pipe that Mr. Haslin has to offer.

Mr. Benedum stated that the recommendations made by himself earlier regarding the piping of Lake Saunders and Lake Woodward were based on the present situation of the drainage.

Discussion occurred regarding lien assessments used for roads being utilized for drainage.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the completion of the piping subject to the pipe being purchased by the property owners and contingent to the approval of St. Johns River Water Management District.

Paulette Muller, Director of Pollution Control, informed the Board that she and Jim Stivender went to the St. Johns River Water Management District to discuss the piping of Lake Sauders. Mrs. Muller stated that St. Johns River Water Management District had declared this an emergency situation and questioned the piping of the remainder of the ditch. Mrs. Muller recommended that some of the home owners attend the meeting at St. Johns River.

Commr. Smoak stated that in order for the County to

facilitate the permit with St. Johns River Water Management District, the Engineering Department should be made available to prepare the plans that are necessary that will be presented before the St. Johns River Water Management Board.

CONTRACTS, LEASES AND AGREEMENTS/LIBRARIES/GRANTS

Mary McMahon, Library Coordinator, addressed the Board to request approval of the State Aid to Libraries grant.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved and authorized the signature of the Chairman and the Clerk on the State Aid to Libraries between the State of Florida Department of State Division of Library Services and the Board of County Commissioners of Lake County in the amount of $21,460 for the Fiscal Year 1983-84.

Mary McMahon, Library Coordinator for Lake County, distributed to the Board members a memorandum stating how the funds for the Library System was spent last year, and that the County has applied for a $55,000 grant from the State Library.

ACCOUNTS ALLOWED/AGRICULTURE CENTER

Dr. Earl Kelly, Agriculture Center, appeared before the Board to discuss the cost of maintenance for the computer network system developed by the University of Florida throughout the State of Florida. Dr. Kelly stated that the computer network system will be made available to Lake County in the future, but the University of Florida has requested the Board be approached regarding a service policy, for the value of $15,000 - $20,000 worth of equipment, for maintenance. Dr. Kelly stated that it would cost the County approximately $80 per month.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request for the County to maintain the computer network system made available to Lake County by the University of Florida and to include in the Agriculture Center budgetary considerations next year for the cost of maintaining the equipment.

POLLUTION CONTROL

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the following reclassification of positions at Lake County Pollution Control as presented to the Board by Paulette Muller, Director:

1. Reclassify the Field Supervisor to "Environmental Engineer" and placing Dave Rosenau with the title,

2. Reclassify the Water Resources Engineer and Assistant Field Technician to two (2) Field Technicians and combining the salaries.

Paulette Muller, Director of Pollution Control, appeared before the Board to discuss uniforms for the field personnel.

Kathy McDonald, Public Works, stated that there are shirts available that were leftover from the prison crews and that trousers could be purchased to match them.

Mrs. Muller stated that the uniforms would be for five employees giving each employee three uniforms. Mrs. Muller further stated that this request would not need additional funding since there are funds in the budget that could be transferred.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the request for purchasing of uniforms for the field personnel at Pollution Control.

RECESS & REASSEMBLY

At 12:38 p.m. the Board recessed for lunch. The Board

reconvened at 2:00 p.m. for the Public Works Agenda.

SUBDIVISIONS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board accepted the plat of Forestdel Subdivision for recording and the Irrevocable Letter of Credit in the amount of $109,549.00 for construction purposes.

Commr. Windram was not present for the vote.

MUNICIPALITIES/PUBLIC WORKS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from the City of Mascotte for 2,500 cubic yards of overburden for the ballfields and parking lot at the Mascotte-Groveland Community Park, with no commitments for time by the County, or tonage, or yardage, and at the County's convenience.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Town of Lady Lake for five loads of clay for their Little League

Ballfield.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Town of Montverde for 100 cubic yards of clay for road improvements at 75c per cubic yard.

ACCOUNTS ALLOWED/ASSESSMENTS/ROAD PROJECTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the final payment to Paquette Paving Company, Inc., in the amount of $28,470.00 for Project No. SA-16, Lake Junietta Homesites and the Sheriff's annex. (Special Assessment and Capital Improvement)

DEEDS/RIGHT-OF-WAYS-ROADS-EASEME

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

1. George A. and Margaret M. Staley

2. Nicholas S. B. and Susan M. Ward

3. William M. Hunt

4. John H. and Helen A. Newman

5. Robert H. and Mary E. Fields

ROADS-COUNTY AND STATE

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board accepted Wikel Lane #3-0842 into the County maintenance system.

ASSESSMENTS/ROADS-COUNTY AND STATE

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board accepted the following roads into the County maintenance system:

1. Lake Junietta Drive #3-4851

2. Azealia Place #3-4852

3. Palm Drive #3-4852A

ACCOIJNTS ALLOWED/BUILDING DEPARTMENT

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the travel request for Marvin Schmidt, Building Department, to attend the Electrical Plan Review and Inspection Course for Certification as an Electrical Inspector in Orlando, Florida, March 19 through 23, 1984, at a total cost of $140.00.

Included in the motion was approval of the travel request for Keith Jones, Building Department, to attend the Building Inspector's Course for Certification as a Building Inspector in Orlando, Florida, May 7 through 12, 1984, at a total cost of $160.00.

BONDS-MOBILE HOMES

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the requests from the following to live in a mobile home on the same piece of property on which their conventional dwellings are being built; subject to the proper bonds being posted and with the stipulation that the mobile home will be removed from the property upon completion of the conventional dwellings or upon the request of the Board of County Commissioners:

1. William Petrey - Mt. Plymouth Area - District #4

2. Emory Cecil Warren - Umatilla Area - District #5

COMMUNICATIONS/EDUCATION

Discussion occurred regarding the letter received from the State of Florida Department of Education concerning participation in the Summer Food Program for 1984.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board referred the letter of January 9, 1984, received from the Department of Education, to the Lake County School Board to determine their interest in the Summer Food Program for 1984.

OUTDOOR RECREATIONAL FACILITIES

Kathy McDonald, Public Works Department, requested postponement of action regarding the Astor Boat Ramp until Commr. Burhans was present.

Mr. Earl V. Thesken addressed the Board regarding his letter of request for a bicycle path being placed at the abandoned right-of-way of the Seaboard Railroad.

Mrs. McDonald informed Mr. Thesken that his letter has been referred to Michael Willett, County Administrator, who will be corresponding with the Seaboard Railroad.

ORDINANCES

Jerry Sexton, Planning and Zoning Coordinator, appeared before the Board to discuss the revisions of the proposed Zoning Ordinance. Mr. Sexton stated that the first four pages of the Memorandum were a synopsis of what is contained in the Zoning Ordinance. Mr. Sexton directed the Board's attention to page 6, #4, "Conditional Uses under the existing Ordinance are now

designated Special Exceptions, and the Board of Adjustment makes the final decision to approve or deny rather than the Board of County Commissioners". Be stated that this would be the major change that Chapter 163 will have on the adoption of the Ordinance. Mr. Sexton informed the Board that the Board of County Commissioners would not be hearing 21 Special Exceptions as listed on pages 8 and 9.

Discussion occurred regarding the minimum and maximum acreage requirements for a Plan Unit Development (PUD) and the problem of travel trailer parks.

Mr. J. M. Vander Meer, Planning and Zoning Commission, stated that he felt that any use of land should come before the County Commissioners for a final judgment rather than the Board of Adjustment.

Sandy Minkoff, County Attorney's Office, discussed with the members the legal philosophy of Chapter 163.

Discussion occurred regarding the replacement of the Board of Zoning Appeals with the five member Board of Adjustment and the amount of responsibility being delegated to the Board of Adjustment.

Mr. Minkoff informed the Board that approximately 60 bills have already been filed this year to change Chapter 163 to take the planning functions away from the local government and pass them onto State agencies.

Discussion occurred among the Board members and the members of the Planning and Zoning Commission, regarding the problems in creating a separate planning and development district and writing some very minimum guidelines, and the density being the major problem.

The Board agreed to have Mr. Sexton and staff develop a separate QUD zone.

Discussion occurred regarding the reduction of the minimum lot size in the "A" and "RA" Zoning Districts from 5 acres to 4 l/2 acres. Commr. Smoak stated that he is not opposed to keeping the 5 acres as it is, but felt that if a road right-of-way has already been extracted from the property which would reduce the lot size, that the exception could be made administratively.

Mr. Sexton felt that there would be legal problems with right-of-ways that have been given away or taken away years ago, or where money was given by the State.

Commr. Carson suggested using a nonexclusive easement instead of a right-of-way so that no acreage is lost and it all stays on the tax roll.

Commr. Smoak stated that he is a citrus grower that has property that he is going to try and subdivide and sell because he cannot grow citrus on it.

Margaret Kelly, Planning and Zoning Commission, stated that she does not agree with the 5 acres in agricultural because most people would not be raising anything agricultural.

Mr. Sexton stated that the basic argument is still changing the net density, not the gross density.

It was the feeling of the Board that it would like to see a gross five acres, not net, to be considered for building permits in "A" and "RA".

Mr. Sexton discussed the elimination of the "R-1-10" Zoning District stating that there have been very few requests for this zoning.

Mr. Sexton stated that the recommendation of eliminating the "RMRP" Zoning District was due to the fact that currently it has no street requirements at all.

Discussion occurred regarding the differences between "RM" and "RMRP".

Mr. Sexton stated that there is no minimum mobile home site in "RMRP". He further stated that the "RMRP" Zoning allows travel trailers under Conditional Use Permits.

Commr . Deems recommended an all day work session on the Zoning Revisions.

At this time the Board scheduled an al l day workshop session for March 6, 1984, at 9:00 a.m.

At this time it was noted that the Board has given Mr. Sexton direction on how to draw up #1 of the Summary of Major Changes; at this time leave #2 as listed; #4, basically agreed on the format listed and directed a separate PUD be prepared.

The Board directed Mr. Sexton to create separate districts for RV's to review with them at the workshop.

The Board directed Sandy Minkoff to appear at the workshop session.

ACCOUNTS ALLOWED/MOSQUITO CONTROL

On a motion by Commr. Smoak, seconded by Commr. Windram and carried, the Board approved the travel request for Carl Andrew Duncan, Mosquito Control, to travel to the Mosquito Control Surveillance and Identification Course in Jacksonville, Florida, February 21 through 24, 1984, in the amount of $175.00.

Included in the motion was approval for Philip J. Yoder, Director of Mosquito Control, to attend the meeting of the Mosquito Control Directors in Plant City, Florida, February 13 and 14, 1984, in the amount of $27.00.

Commr. Carson was not present for the vote.

ACCOUNTS ALLOWED/PIC

On a motion by Commr. Smoak, seconded by Commr. Windram and carried, the Board approved the request from Jim Flowers, Director of the Private Industry Council, for expenditures for the Florida Job Service Open House held on February 1, 1984, in the amount of $747.50.

Commr. Carson was not present for the vote.

APPOINTMENTS/FIRE DISTRICTS-FIRE DEPARTMENTS

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

carried unanimously, the Board approved the appointment of Katherine A. McDonald and Mrs. Joan I. Irwin to the Mount Plymouth Fire Control District.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request from Noel E. Griffin, Jr., Sheriff, for monies in the amount of $20.00, pursuant to Florida Statute 943.25(8)A, Lake County Ordinance 1982-1, to pay the Lake County Area Vo-Tech Center for the registration fee for Correctional Officer Norma Wilson to attend the 40 hour breath alyzer course.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from Noel E. Griffin, Jr., Sheriff, for monies in the amount of $135.00, pursuant to Florida Statute 943.25(8)A, Lake County Ordinance 1982-1, to pay the Lake County Area Vo-Tech Center the registration fees for three deputies to attend Law Enforcement classes.

COMMUNICATIONS/MUNICIPALITIES

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

carried unanimously, the Board approved the annual request from the City of Leesburg for sufficient parking areas for the Fun and Arts Festival to be held March 3 and 4, 1984.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

Commr. Carson discussed with the Board the increasing of the

Sheriff's budget for the year 1983-84 in the amount of $900,000 over the prior year. Commr. Carson stated that subsequent to that action, there was a cash shortage and the Sheriff's budget was cut $150,000.

Commr. Carson stated that the major funding source for the Sheriff's budget is the sales tax money that comes from the State.

Commr. Carson reported that a year ago $415,219 was received from sales tax for the period of October, November and December, 1982.

Commr. Carson stated that for the total budget year for 1982-83 $1,800,000 was received. Commr. Carson informed the Board that the State is estimating 3% more for Lake County this year, the revenue estimate being $2,099,000. Commr. Carson reported that in the first three months the County's income has been $160,528 over and above last year's receipts, and stating that the money was there to make a budget amendment.

Commr. Carson stated that the Sheriff is operating his office for the first quarter on the same basis that he would be operating it if he had received his $900,000 increase. Commr. Carson further stated that the layoff of personnel would be the result of a budget amendment not being made.

Commr. Carson made a motion to amend the receipt budget in the Fine and Forfeiture Fund by the sum of $150,000, and amend the Sheriff's spending budget in the category of salaries for deputies and others by the sum of $150,000 for the rest of this budget year.

The motion died for a lack of a second.

Commr . Carson explained the procedures the Sheriff used in distributing raises to his employees by using excess funds from the previous year and once again giving a 4% increase to his employees as approved by the Board for the fiscal year 1983-84.

It was the feeling of the Board that the Sheriff's Department has been improved and is working very satisfactorily.

Discussion occurred regarding the expended funds of the Sheriff's Department.

Commr. Smoak and Commr. Windram discussed the budgetary problems that they foresee in the future and the impact they will have on the economy.

Commr . Smoak stated that he is very supportive of the job that the Sheriff is doing, but would like the opportunity to discuss the budget problems with the Sheriff before taking any action.

Commr . Windram stated that he would like the opportunity to discuss the Equipment Account with the Sheriff.

Commr . Carson stated that the department that would suffer would be the Law Enforcement section.

There being no further business to be brought to the

attention of the Board, the meeting adjourned at 5:50 p.m.

Glenn C. Burhans, Chairman

James C. Watkins, Clerk

TMA/2-22-84