A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
FEBRUARY 21, 1984
The Lake County Board of County Commissioners met in regular session on Tuesday, February 21, 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.; C. A. "Lex" Deems; and Thomas J. Windram. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Mary C. Grover, Secretary.
Mr. Watkins gave the Invocation and Commr. Carson led the Pledge of Allegiance.
MINUTES
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the Minutes of February 14, 1984, as corrected, subject to the concurrence of the Planning Department in regards to the rezoning case, CUP #895-3.
ELECTIONS/FIRE-DISTRICTS-DEPARTMENTS
Commr. Burhans informed the Board that he had spoken with Mrs. Emogene Stegall, Supervisor of Elections, in regards to the residents of Mid-Florida Lakes voting in the fire referendum. He stated that votes from Mid-Florida Lakes residents could be separated from the votes from non-residents and that the same machines could be used by locking the votes in or out at no extra expense to the County.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved that Mid-Florida Lakes be included in voting since the votes can be sorted, in the fire referendum based upon the Chairman's report.
SHERIFF'S DEPARTMENT
Mr. Douglas Harrison, Mayor of Astatula, addressed the Board expressing concern with the possible dispatching problem with the Sheriff's Department. The Board informed Mr. Harrison that
discussion regarding the Sheriff's budget would take place later in the day.
PRIVATE INDUSTRY COUNCIL
Mr. James Flowers, Director of the Private Industry Council, addressed the Board requesting approval of the Lake-Sumter Community College Employer Needs Assessment Contract.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the contract between the Private Industry Council and Lake-Sumter Community College as presented by Mr. Flowers and authorized the Chairman to sign the necessary documents.
LICENSES & PERMITS
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the following gun permits and bonds:
Renewals:
Frederik Stephensen Glenn L. Brown, Sr.
Horace Lee Webb
LIBRARIES/APPOINTMENTS
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board accepted the resignation of Franklin P. Hatfield from the County Library Board and directed that a letter of appreciation be sent to Mr. Hatfield.
ALLOWED/INDIGENTS ACCOUNTS
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved payment of warrant #38233 through warrant #38475 for the following accounts:
General Revenue Fine & Forfeiture
County Transportation Trust Revenue Sharing
Mosquito Control Law Library
Aquatic Weed N. E. Hospital
N. E. Ambulance N. W. Ambulance
Private Industry Council Landfill
Countywide Library
The motion also included payment of the following Indigents:
Ella Bradford for Richard Basford $5O/February
Azalea Hills Apartments for Lorra Shackelford $5O/February
Lady Lake Motel for Veronica Marshall $5O/February
Mary Warneke for Addison Gene Brown $5O/February
Lake Griffin Mobile Home Park for Betty C. Nichol $5O/February
Brenda K. Williams for Nancy Huschle $5O/February.
SHERIFF'S DEPARTMENT/BUDGETS
At this time the Board discussed the Sheriff's Department
budget for 1983-84.
Commr. Carson updated the Board with figures for the fourth month on a comparison basis with figures from last year. He stated that last year the County received approximately $616,000 from the State as the County's share of half of the 5th cent sales tax. He stated that through the four months of this year, approximately $780,000 has been received: an increase of $164,000 over last year.
He informed the Board that over the weekend, a group of the Sheriff's employees those employees who are on probation because of less than six (6) months of employment and those employees who receive overtime pay, have agreed to forego their raises and overtime pay in order to prevent fellow employees from losing their jobs. He stated that the proposal made by the employees would be a savings of approximately $160,000. Be stated that he felt this action was commendable on behalf of the personnel who agreed to the proposal. He further stated that he did not think it was fair for them to do so if the funds were available to this Board to increase the Sheriff's budget to the amount the Board had originally agreed to before the budget was reduced due to the estimates received regarding a possible shortage in revenues.
Commr. Carson made a motion which was seconded by Commr. Windram to amend the Sheriff's budget, to increase the Law Enforcement Salary Account by $150,000, with the funds coming from the unexpected receipts from the 1/2 cent sales tax. Discussion continued.
Commr . Windram informed the Board that he had reviewed the Sheriff's budget. He stated that he had opposed Commr. Carson's recommendation until he reviewed the budget further.
Commr. Windram informed the Board that five administrative personnel had received from two to five raises from February, 1983, through February, 1984.
Discussion occurred regarding the letter of transmittal sent to the Sheriff's Department after his budget had been adopted. It was noted that the actual figures on the printout of the Sheriff's budget were different from the figures on the letter of transmittal.
Commr. Smoak informed the Board that he had spoken with Sheriff Griffin and had made the commitment that he would support the budget request provided that Sheriff Griffin could not internally resolve the deficit within his budget.
Commr. Smoak further stated that the Board should have been made aware of the deficit within the budget from the beginning.
Commr. Carson, as liaison, stated that he has been aware of the deficit since October, and stated he felt the Board had been conservative on the funds that would be available. It was his opinion to give it some time, in order to have an opportunity to see what the actual figures would be for the first four months of the 1984 budget year. He stated that he was aware that changes might have to be made, but that he was hopeful that a revenue source would be made available so that the changes would not have to be made.
Commr. Deems stated that he would support the motion, but stated that he was opposed to the press conferences which were held prior to any Board action. He stated that he would support the motion as he feels the Board has a moral obligation to do so. Commr. Burhans informed the Board he had previously opposed the request, but he stated that due to the circumstances, he would support the request.
The question was called for and the motion made by Commr. Carson was carried unanimously.
MENTAL HEALTH/CONTRACTS LEASES & AGREEMENTS
Mr. Bert Lacey, Lake-Sumter Community Mental Health Center, Inc., addressed the Board requesting approval on the lease for the property previously used for the Lake Memorial Nursing Home.
Discussion occurred regarding the term of the lease. Commr. Burhans stated that he felt that ten (10) years had been agreed upon.
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the lease with Lake-Sumter Community Mental Health Center, Inc., for ten (10) years, and authorized the Chairman and the Clerk to sign the lease.
Commr. Windram stated that it has been a real pleasure to work with Mr. Lacey and the Lake-Sumter Community Mental Health Center, Inc.
PERSONNEL/COMMITTEES
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the reappointment of Ted Ostrander, Sr. to the Grievance Committee, for a three-year term expiring on January 31, 1987.
BUDGET TRANSFERS
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the Budget Transfers as follows:
GENERAL FUND
Please transfer $1,480.00 from account 001-599-1-00-99-000- 999 Contingency Reserve to account 001-513-1-00-02-310-240 Workmans Compensation. Reason: Over expended.
PERSONNEL
Please transfer $600.00 from account 001-513-1-00-14-000-340 Contractual Services to account 001-513-1-00-14-000-462 Equipment Maintenance. Reason: To cover cost of maintenance on MITA Copier.
AGRICULTURE
Please transfer $l,OOO.OO from account 001-537-1-00-43-000- 463 Building/Grounds Maintenance to account 001-537-1-00-43-000- 520 Operating Supplies. Reason: Budgeted in Building Account.
Please transfer $300.00 from account 001-537-1-00-43-000-640 Machinery and Equipment to account 001-537-1-00-43-000-510. Reason: Secretarial chairs from Office Supplies.
CIRCUIT COURT/BAILIFFS
Please transfer $897.00 from account 001-599-1-00-99-000-999 Contingency Reserve to account 001-516-1-00-52-020-640. Reason: Approved by Board of County Commissioners 11/8/83.
COURTS-JUDGES
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign the Satisfaction and Release of Judgment for Joesph E. Butts, II and Susan Jan Butts in the amount of $14.00, Case #77-95.
MENTAL HEALTH/CONTRACTS, LEASES & AGREEMENTS
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign the District III Mental Health Funding Agreement in the amount of $6,741.00.
REPORTS
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue, Traffic/Criminal Cases for the week ending February 10, 1984, ($11,764.11).
AUDITS/HEALTH DEPARTMENT/AMBULANCES-HOSPITAL DISTRICTS
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board acknowledged receipt of the following audits:
1. Annual audit from Waterman Medical Center, Inc. for the year ending September 30, 1983.
2. Semi-Annual Financial Statement from the Lake County Health Department for the period of July 1, 1983 through December 31, 1983.
JAILS
Mr. Watkins informed the Board that the Jail Task Force Committee would be meeting at noon today in order to formulate a report to the Board regarding their trip to Boulder, Colorado.
FAIRGROUNDS/PUBLIC HEALTH
Commr. Smoak informed the Board that he had met with Michael C. Willett, County Administrator; George Johnson, Fairgrounds Manager; and Ruth Pelham, Lake Community Action Agency; regarding the Commodity Food Service Program. He stated that he feels the Agricultural/Livestock Pavilion (LaRoe Building) at the Lake County Fairgrounds could be used. He stated that there was a possibility that the project could be set up on a drive-through situation with the following conditions:
1. The Program handles their own traffic.
2. The Program would pick up the trash.
3. The County will furnish the tables and chairs.
He stated that the distribution would be held on Tuesdays. He informed the Board that the plans discussed were
tentative, subject to Mrs. Pelham meeting with her volunteers and committee members. He stated he would inform the Board of their decision.
COMMUNICATIONS
Discussion occurred regarding the letter sent to the SeaBoard Coastline Railroad Company expressing the County's concern on the closing of railroad lines in Lake County. Mr. Michael C. Willett, County Administrator, informed the Board that a response has not been received from the Railroad Company.
Commr. Burhans informed the Board that a letter had been received from Mr. Karick A. Price, Price Groves, Inc., who also expressed concern in regards to the closing of the lines. The Board directed that a letter be written to Mr. Price informing him of the action that the Board has taken.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from Sheriff Griffin for monies in the amount of $2,360.00; to pay for tuition dues for students enrolled in Corrections Basic #8 at Lake-Sumter Community College.
PETITIONS/PUBLIC WORKS
The Board acknowledged receipt of a petition from residents of the Meadows requesting that Kismet Road, #5-9081, be improved.
COMMUNICATIONS
Commr. Burhans informed the Board that a letter had been received from the Leesburg Board of Realtors, Inc. advising the Board that M r. Frank Kutch and Mr. Ralph Othus would be acting as liaison to the County on behalf of the Board of Realtors.
FAIRGROUNDS/HEALTH DEPARTMENT/COUNTY POLICIES
Discussion occurred regarding the violation filed by the Lake County Health Department against Mr. Arthur Bursley, an operator at the Lake County Farmer's Market. Commr. Smoak stated that the County has not received a written request from the Lake County Health Department in regards to the violation. He stated that Mr. Bursley would have to come into compliance with the Health Department rules or the Health Department would pursue the matter.
Commr. Smoak stated that he; Mike Willett, County Administrator: and George Johnson, Fairgrounds Manager; are in the process of revising the written agreement for the operators at the Market stating that the operators have to be in compliance with all the governmental and State agencies. He further stated that if an operator does not comply, they will be refused a position at the Fairgrounds.
Commr. Smoak informed the Board that the language would be the same as in the contract agreement requesting the use of the property by an individual who rents a building or the entire Fairgrounds. He stated that the language would be written in the rules and regulations specific to the Farmer's Market.
The Board directed a letter be written to Dr. Atkinson, Lake County Health Department, informing her of the revision in the Fairground's policies.
PUBLIC WORKS AGENDA
ROAD PROJECTS/ACCOUNTS ALLOWED
On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board approved final payment to Superior Asphalt Company, Inc., in the amount of $1,206.70 for Cumbermoore Lane and Horseshoe Drive Project No. SA-11. (County Funding and Special Assessment)
Commr. Smoak was not present for the vote.
On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board approved final payment to Superior Asphalt Company, Inc., in the amount of $7,449.83 on Hull Road and Wikel Lane Project No. 19-83. (Revenue Sharing)
Commr. Smoak was not present for the vote.
ROADS COUNTY & STATE/DEEDS
On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved to release the following road reservations from the Department of Transportation from the following deed numbers:
# 505, all but 50 feet from the centerline of Florida
Avenue #3-2954 and Jefferson Street
#2568, all but 30 feet from the centerline of Oak Avenue
and Lawrence Street
#2657, All but 25 feet from the centerline of Merion
Cricket Avenue (Mt. Plymouth area)
#1820, all but 25 feet from the centerline of Crescent
Drive #4-4366B
#2776, all but 25 feet from the centerline of Prestwick
Avenue (Mt. Plymouth area)
Commr. Smoak was not present for the vote.
BIDS/PUBLIC WORKS
Discussion occurred regarding the awarding of Bid #560-027-084, diesel type motor graders, to DeWind Machinery in the amount of $64,732.50. Action was postponed until later in the afternoon.
BONDS - MOBILE HOME
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved for the following to live in a mobile home on the same piece of property on which their conventional dwelling is being built, subject to the proper bonds being posted, and with the understanding that the mobile home will be removed from the property after the completion of the conventional dwelling or upon the request of the Board of County Commissioners:
1. Edminston Martin - Fruitland Park Area - District #l
2. Stasia Kewitz - Astor Area - District #5
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved cancellation of the following mobile home bonds in that the construction of the conventional dwelling has been completed and the mobile home removed from the property:
1. Robert Crawford
2. Jack Carr
3. Richard Frieszell
ASSESSMENTS/RIGHT-OF-WAYS, ROADS & EASEMENTS
Mr. Michael C. Willett, County Administrator, addressed the Board in regards to a special assessment for Highland Lakes Sub- division.
Mr. Willett stated that he would recommend the Board approve a special assessment, subject to all the County requirements being met by the residents, on that stretch of road which goes into Highland Lakes Subdivision including the portion that has a 30 foot easement. He informed the Board that the County is attempting to get more right-of-way and to try to straighten the existing right-of-way.
Mr. Willett informed the Board that this request would be handled as any other assessment on a collector road where the County would pay 50% on that stretch of road from SR 44 to the Subdivision.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board agreed to a special assessment for Highland Lakes Subdivision, provided that the residents meet all the necessary requirements, and approved to place a road on the existing easement/right-of-way, as recommended by Mr. Willett.
ASSESSMENTS/BIDS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved to bid the following special assessment project.
1. 48 Estates Subdivision - Circle Way, Center Lane and
Valley Lane.
PUBLIC WORKS
Mr. Michael C. Willett, County Administrator, informed the Board he had received a request from Full Gospel Tabernacle for 20 truck loads of fill dirt. He recommended denial as it is contrary to County policy and State Law.
Mr. Ford, County Attorney, stated that it was illegal for the County to furnish fill dirt to private property.
The Board directed the Public Works Department to notify the Full Gospel Tabernacle of the Board's decision to deny the request.
ANIMAL SHELTER/PUBLIC WORKS
Commr. Smoak informed the Board that Ms. Frankie Thorp, Animal Control Supervisor, was requesting that additional dog traps be built. He stated that in the past Mosquito Control had built the traps, but Mr. Yoder does not have the time to build the additional five or six traps. Be recommended that the request be referred to Mr. Willett, County Administrator.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board referred the request to Mike Willett and authorized the project be completed in the most cost effective manner.
RECESS & REASSEMBLY
At 11:15 a.m. the Chairman announced that the Board would recess for lunch. At 2:00 p.m. the Board reconvened for the remainder of the Public Works Agenda.
PUBLIC WORKS AGENDA COMMUNICATIONS
Commr. Carson informed the Board that invitations had been received for the Commissioners to attend the annual Legislative meeting of the Lake County Farm Bureau and Lake County Cattlemen's Association on February 24, 1984, at the Squires III restaurant in Leesburg. Be stated that the Association would like the Board's response by tomorrow, February 22, 1984.
ROAD CLOSINGS - Woodside Drive - Petition #340
Mrs. Dorothy Peterson, petitioner, addressed the Board to discuss the road closing.
Mr. Michael C. Willett, County Administrator, informed the Board that one objection to the closing had been received.
It was noted that the proper proof of publication was on hand as it appeared in the January 25, 1984 and February 1, 1984, editions of the Sentinel Star, Lake Little Sentinel.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the vacation of that portion of Woodside Drive between Lots 13 and 106 of Griffin Shores Subdivision, Plat Book 12, page 12, recorded in the Public Records of Lake County, Florida, for Dorothy A. Peterson, as per
Petition No. 340.
ROAD CLOSINGS - PERMISSION TO ADVERTISE - Petition #341
MS. Leigh Dow, representing the Petitioner, was present to discuss the request with the Board.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board granted permission to advertise for the vacation of a 10 foot utility easement on either side of the lot line between Lot 16 and Lot 17, Squirrel Point Subdivision, Plat Book 25, pages 40 and 41, as recorded in the Public Records of Lake County, Florida, for Robert B. Atkins, as per Petition #341.
ROAD CLOSINGS - PERMISSION TO ADVERTISE - Petition #342
Mr. Jack Banning, representing the Petitioner, was present to discuss the request with the Board.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board granted permission to advertise for the vacation of the south 16 1/2 feet of Lot 22 and the north 16% feet of Lot 14 and Lot 15 of James M. Conner Subdivision, Plat Book 1, page 32, as recorded in the Public Records of Lake County, Florida, for Charlie Squibb, as per Petition #342.
BIDS/PUBLIC WORKS
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board awarded bid #560-027-084, diesel type motor grader, to DeWind Machinery in the amount of $64,732.50, low bid.
LANDFILLS/CONTRACTS, LEASES & AGREEMENTS
Mr. Michael C. Willett, County Administrator, addressed the Board to discuss the request from the Lake Aircraft Radio Kontrol Squadron for the use of an area at the Astatula Landfill for a model airport site. He stated that he did not have any objections to the request. He further stated that he had spoken with Ms. Frankie Thorp, Animal Control Supervisor, and Mr. Roland Lewis, Landfill Supervisor, and neither had any objections, but both would like it as far as possible from the Animal Shelter.
He stated that the Squadron was requesting five (5) acres. Mr. Gene Steinbrook, President of the Lake Aircraft Radio Kontrol Squadron, was present to discuss the request with the Board.
Commr. Smoak questioned if the County should enter into a contractual agreement with the Squadron. Mr. Ford, County Attorney, recommended that an agreement be executed.
Discussion occurred regarding whether the Squadron was a non-profit organization or was incorporated. Mr. Steinbrook stated he would agree to incorporate his business.
Commr . Smoak stated that he felt if the Board approved the request that it should be entered into with a legal entity so that the entity would have the exclusive use of that area and the responsibility of that area while in use.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved for an agreement to be written, prepared by the County Attorney's Office, with a legal entity for their exclusive use and responsibility of the legally described property, which will be submitted to the County Attorney's Office by Mr. Willett, in addition to carrying the specified amount of liability insurance to cover the company and the County $1 million per member and $2 million per entity, with a 30 day cancellation clause included in the agreement.
LANDFILLS
Mr. Michael C. Willett, County Administrator, addressed the Board in regards to telephone conversations with Mr. Saxon regarding the fence at the Loghouse Landfill. He stated that Mr. Saxon has informed him that the gas from the Landfill has killed nine of his orange trees. He stated that he had not been able to investigate the matter in detail.
It was the feeling of the Board that Mr. Willett should document as soon as possible, any indications of tree damage and try to resolve the problem as quickly as possible.
RESOLUTIONS/PUBLIC HEALTH
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board authorized the Chairman and the Clerk to sign the Resolution supporting the change in Florida Statute 409.345, relating to public assistance payments as filed and proposed by Representative Everett Kelly.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 2:35 p.m.
Glenn C. Burhans, Chairman
James C. Watkins, Clerk
mcg/2-22-84