A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MARCH 20, 1984

The Lake County Board of County Commissioners met in regular session on Tuesday, March 20, 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: Glenn C. Burhans, Chairman; James R. Carson, Jr.; Claude E. Smoak; C. A. "Lex" Deems; and Thomas J. Windram. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Toni M. Austin, Secretary.

Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Smoak.

COMMISSIONERS

At this time Commr. Burhans acknowledged the silk rose received at the Brickbats and Roses Dinner held by the League of Women voters of Lake County on March 17, 1984.

MENTAL HEALTH

Honorable Roy W. Caldwell, member of the District III Mental Health Board, appeared before the Board and presented each member with a 1982-83 Annual Report of the District III Mental Health Board, Inc. Judge Caldwell stated that the District III Mental Health Board receives funds from the fifteen counties in its District to plan, coordinate, and fund the delivery of community mental health and alcohol services. He further stated that each County is assured that services will be reasonably accessible to the citizens, that no service will be denied because of race, creed, color, national origin, sex, age, or ability to pay; that all community mental health and alcohol services funded through the Board are regularly monitored and evaluated, and that annually a meeting will be held whereby concerns, needs, problems, and services will be openly discussed and ideas exchanged for the enhancement of services. At this time Judge Caldwell directed the attention of the Board to the accomplishments achieved on pages 15-18.

Judge Caldwell distributed to the Board a list of Legislative Issues and stated that District III is underfunded compared to other districts based on population.

Janet Davis, Leesburg, member of the District III Mental Health Board, was present to answer any questions the Board might have regarding District III Mental Health.

Judge Caldwell stated that a District III Children's Compre- ensive Treatment Program is desperately needed for the disturbed child and is one of the Legislative Issues being stressed for consideration.

Bert Lacey, Lake-Sumter Community Mental Health, appeared before the Board to discuss the Medicaid issue. Mr. Lacey stated that for the clinic option services provided by the Mental Health Center that require State match, the Federal share earned is going into a State Trust Fund and the State can use the fund at its discretion. Mr. Lacey stated that the State has advanced the Community Mental Health Center a portion of the dollars based upon projected Medicaid earnings, but it is far less than what is actually earned. He further stated that the allocation that District III has to earn this year, or be cut from the State for the advanced allocation, is approximately $256,000. Mr. Lacey stated that the request of the State, from a Legislative position, is to let the District earn directly the Federal share and let it come directly to the provider on the basis that the District is actually earning and billing those services.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved for a Resolution to be prepared, with the County Attorney receiving assistance from Mr. Lacey in the preparation, to contain the Legislative issues as stated from District III Mental Health Board, Inc.

Discussion occurred regarding Representative Burnsed's attempt to delete District Mental Health Boards and replace them with something else. Mr. Lacey stated that basically the recommendation was to still have a board or body to provide citizen input from a planning standpoint, but have the contract moved to HRS.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the Chairman to sign the Resolution as presented by Judge Caldwell and approved by the County Attorney.

MINUTES

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

carried unanimously, the Board approved the Minutes of March 13,

1984, as submitted.

BONDS - CONTRACTOR

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

Bonds:

New

1779-84 William H. Silcox (Painting Contractor)

4100-84 Joseph R. Davidson (General)

4101-84 Paul Smithson (Painting)

LICENSES AND PERMITS

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

New

Steven H. Nichols Donald E. Beuhring

Donald A. Davis James A. Dudeney

Peter Tiller

Renewals

Joseph Mincy L. R. Huffstetler, III.

Sydney Walton, Jr. Merv Riker

ASSESSMENTS

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign the following Satisfaction of Assessment Liens:

Hilltop Subdivision

James E. McIntosh &/or Delores, H/W $849.20

Lake Junietta Homesites

Karen M. Geiderman 299.70

Robert P. Kennedy & Beverly J., H/W 436.50

Albert McHenry & Beulah J., H/W 329.67

Ronald W. Thomley & Linda Diane, H/W 333.00

Leon Arthur Milhous & Elizabeth J., H/W 338.00

James W. Emerson & Norma J., H/W 336.33

Lynn I. Wood & Marian J., H/W 336.33

A. W. Dail & Verna A., H/W 449.50

Albert S. Cain & Velma W., H/W 449.50

John C. Kendrick & Bette R., H/W 449.50

Louise L. Harding 226.44

William J. Franze & Luella R., H/W 271.83

ESCROW/LANDFILLS

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the request from Leisure Meadows Mobile Home Park for their final bill to be deducted from their Escrow deposit of $32.00 and the balance be sent to them as they have sold Leisure Meadows.

APPOINTMENTS/COMMITTEES

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the resignation of Christine K. Laffin from the Code Enforcement Board as of May, 1984, and directed a letter of appreciation be sent to Ms. Laffin.

BONDS/FIRE DISTRICTS - FIRE-DEPARTMENTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the cancellations of the Public Official Bonds for Larry E. Stahl and Philip N. Searles, former Fire Commissioners of South Lake Fire District.

ACCOUNTS ALLOWED/INDIGENTS

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the payment of Warrant #38776 through Warrant #39014 for the following accounts:

General Revenue

Fine and Forfeiture

County Transportation Trust

Mosquito Control

Law Library

Aquatic Weed

N. E. Hospital

N. E. Ambulance

N. W. Ambulance

Section 8

Private Industry Council

Landfill

County Wide Library

Special Assessments

Included in the motion was approval of payments for the following indigents:

Paul Englehardt for Edward Altman - $50 - District #l

Marian Folks for Morris Gandy - $50 - District #l

BUDGET TRANSFERS

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

POLLUTION CONTROL

Please transfer $2,000.00 from account #Ool-537-l-00-18-660- 341 Water Management Plan to account #Ool-537-l-00-18-660-640 Machinery and Equipment. Reason: Need additional office furniture for new staff.



Please transfer $200.00 from account #Ool-537-l-00-18-660- 41 Water Management Plan to account #Ool-537-l-00-18-660-510 Office Supplies. Reason: Unanticipated purchases.



Please transfer $3,469.00 from account #Ool-599-l-00-99-000- 999 to account #OOl-537-1-00-18-660-120 ($2,727) Regular Salaries, #Ool-537- l-00-18-660-210 ($191) Social Security Matching, #001-537-1-00- 18-660-220 ($299) Retirement Contributions, #001-537-1-00-18-00-660- 230 ($142) Life and Health Insurance, #OOl-537-l-00-18-660-240 ($110) Workman's Compensation. Reason: Error correction in salary.



AGRICULTURE DEPARTMENT

Please transfer $4,420.00 from account #Ool-599-l-00-99-000- 999 Contingency Reserve to account #Ool-537-l-00-43-000-463 Building/ Grounds Maintenance. Reason: Final payment for the asbestos abatement at Agriculture Center Auditorium.

SOIL CONSERVATION

Please transfer $1,800.00 fr om account #Ool-537-l-00-44- 000-430 4-000-410 Communications. Utility Service to account #001-537-l-00-4 Reason: To transfer back to the original budget.

EMERGENCY SERVICES

Please transfer $2 900 from account #Ool-525-l-00-18-260-400 Travel and Per Diem to account #OOl-525-l-00-18-260-421 Postage. Reason: Postage for mailing requirements of the Water Quality Act of 1983 for waste assessment.



Please transfer $400 from account #OOl-519-1-00-01-020-312

Legal Service to 001-525-1-00-18-260-312 Legal Service. Reason:

Exceeds budgeted amount.

AMENDED BUDGET

FINE AND FORFEITURE FUND

For the fiscal year ending September 30, 1984, in accordance with Section 129.06(2)(D) Florida Statutes.

REVENUE

111-1-00-1-010-335-180 Sales Tax $157,895.00

111-1-00-1-010-399-998 5% of estimate (7,895.OO)

$150,000.00





EXPENDITURE

111-586-1-00-01-900-935 Sheriffs Law Enforcement

Personal Services $150,000.00

Reason: Approved by Board of County Commissioners for increase in Personal Services for Sheriff's Department.

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 March 9, 1984, ($13,268.24).

REPORTS/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the Annual Financial Report of Units of Local Government, 1983, for the Mount Plymouth Fire Control District.

FIRE DISTRICTS-FIRE DEPARTMENTS

Discussion occurred regarding the expansion of fire services in Lake County.

Michael C. Willett, County Administrator, reported that Joe Stephany, Emergency Services Director, will be contacting the Tax Collector, Tax Assessor, volunteer fire departments, and others to obtain information regarding the expansion of fire services, along with developing an ordinance, reviewing fire protection and studying the precincts. Mr. Willett stated that the goal was to implement the fire protection in the 1984-85 budget year.

Commr. Smoak suggested that the fire protection services project he referred to Mr. Willett and Mr. Stephany and have them pursue all areas in detail and return to the Board a definitive report.

Mr. Willett stated that Mr. Stephany had been instructed to prepare an outline on the fire protection project and return on April 3, 1984, to discuss this with the Board. Mr. Willett further stated that Dan Kotulla, Planning and Zoning, had written an outline with the Planning Department's commitments.

Chris Ford, County Attorney, stated that the tax would not be an ad valorem tax, but a structure or special tax. Mr. Ford stated that he would research the tax and report back to the Board.

Discussion occurred regarding the procedures that might be used for reassessing the property in Lake County, the creation of a new fire district, and the possibility of having a fire coordinator/ administrator.

The Board directed the County Attorney to review and investigate and report back to the Board on the possibility of having the Board of County Commissioners formally acting as the Fire Commissioners of the newly created fire district.

PUBLIC HEALTH/REPORTS

Lonnie Strickland appeared before the Board to discuss the major problem of the Medicaid Program, which is the proof of Florida residency. At this time Mr. Strickland discussed the Alachua County's system of Medicaid review which consisted of a filing system, a questionaire, and a ledger. He further discussed House Bill 448, Florida Statute 409.2671 and the procedures that HRS uses for determining residency. Mr. Strickland stated that another problem was the duplication of billings, and that he felt the Alachua County's system of Medicaid review would work in Lake County.

Discussion occurred regarding the legal aspects of the questionaire mailed to responsible parties, or next-of-kin of the Medicaid recipient requesting a more detailed residential history.

Commr . Burhans informed the Board of a letter received from Paula Hawkins, United States Senator, stating that she has contacted the Chief State and Contractor of Operations of HCFA (Health Care Financing Administration) regarding the proposal to amend Federal Guidelines Governing Residency of Individuals receiving Title XIX (Medicaid assistance for the State of Florida)

Chris Ford, County Attorney, stated that his office would work with Mr. Strickland to try and enforce some action in Washington, and also suggested contacting the State Association for their involvement in the program. The Board also directed Mr. Ford to contact Buddy MacKay and Bill McCollum, U.S. Representatives, for their input.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized Mr. Strickland to implement within Lake County a questionaire format for any and all Medicaid recipients in the attempt to establish local residency; including the amendment that Medicaid payments would be withheld if the questionaire is unanswered. Included in the motion was direction to Mr. Strickland to develop terms of verification of residency in the County, pending legislation.

PUBLIC HEALTH/REPORTS/COMMITTEES

Lonnie Strickland appeared before the Board to discuss his memorandum entitled "A Review of Lake County's Methods and Cost of Providing Hospital Care to Medically Indigent Residents". Mr. Strickland informed the Board that he tried to explain the layout of how the Medicaid costs of Lake County has increased since 1959 when the first Hospital District was established. Mr. Strickland stated that with his report he had included a copy of all of the hospital district laws and amendments. He further stated that in 1977, the Florida Legislature passed the Health Care Responsibility Act, which obligates the County to pay for hospital services received by its medically indigent residents at hospitals located outside of Lake County when services are not available in the county of residence. Mr. Strickland stated that not only did Lake County have more claims, Lake County paid more claims than any county in the State in 1979.

Commr. Smoak informed the Board that the Impact Fee Committee had met and discussed the rising costs of health care. He stated that the Committee discussed the market changing for indigent health care, and that it is going to become more attractive to hospitals to offer that service on an independant hospital basis; yet there was no ongoing discussion at this time to resolve the problem that continues in Lake County which is the Obstetric indigent delivery.

Discussion occurred regarding the per capita costs paid by individuals for health care.

Mr. Strickland recommended that a health care cost committee or board be formed of community leaders. The Committee formed of 10 members appointed by the Board of County Commissioners in the following categories:

1. Representative Northeast Hospital District

2. Representative Northwest Hospital District

3. Representative South Lake Hospital District

4. One County Commissioner

5. One Elected State Official

6. Consumer of Health Care

7. Consumer of Health Care

8. Consumer of Health Care

9. Purchaser of Health Care

10. Purchaser of Health Care

Mr. Strickland stated that a County Commissioner would be kept as a non-voting member except for a tie vote.

On a motion by Commr. Smoak, seconded by Commr Deems and carried unanimously, the Board approved the recommendation from Lonnie Strickland for a committee to be formed as presented and approved to advertise for applicants to the committee.

RESOLUTIONS/WATER AUTHORITY

Mr. Will Davis, Lake County Water Authority, appeared before the Board to discuss three proposed resolutions.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign the following resolutions:

1. "Idle Speed No Wake" at Palatlakaha River

2. "Idle Speed No Wake" at Silver Glen Run

3. "Slow Down Minimum Wake" at Blue Creek

Discussion occurred regarding Lake Gertrude. Mr. Davis requested Chris Ford, County Attorney, to investigate Lake Gertrude having public access to a particular ramp.

Discussion occurred regarding the draw down of Lake Griffin. ACCOUNTS ALLOWED/MOSQUITO CONTROL

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

carried unanimously, the Board approved the request from Philip Yoder, Director of Mosquito Control, for Eric Cotsenmoyer, Assistant Director, to attend the Short Course, Medical Entomology, at Vero Beach, Florida, June 4-13, 1984, in the amount $526.20, subject to Commr. Smoak checking with Mr. Yoder to see if the trip is a necessity.

ACCOUNTS ALLOWED/ANIMAL CONTROL

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from Frankie L Thorpe, Supervisor of the Animal Control Center, to renew the subscription between the Astatula Volunteer Fire Department, Inc. and the Animal Shelter for fire protection.

ACCOUNTS ALLOWED/AGRICULTURE CENTER

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request from Earl M. Kelly, Director of the Agriculture Center, to take four secretaries from the Lake County Extension office to an In-

Service Training in Gainesville, Florida, April 2.7, 1984, estimated costs to be $10.00 per person.

RECESS & REASSEMBLY

At 11:lO a.m. the Board recessed for five minutes. The Board

reconvened at 11:15 a.m.

RESOLUTIONS

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board endorsed a "Bottle Bill" resolution for the State of Florida and authorized the signatures of the Chairman and the Clerk.

PUBLIC WORKS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved a one-time maintenance for Betty Bowie on Pineway Court in the amount of $50.00.

LANDFILLS/PUBLIC WORKS

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the application for a Garbage Collection Franchise for Western Waste Industries, Inc.

ROADS-COUNTY AND STATE/PUBLIC WORKS

On a motion by Commr. Carson, seconded by Commr Smoak and carried unanimously, the Board approved the petition to change the name of Torwoodlee Lane #l-5430 to Park Lane as requested by the property owners.

BIDS/ROAD PROJECTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board awarded the bid on Project No. 6- 4, #5-7581 Wiygul Road to Hewitt Contracting Company, Inc., in the amount of $153,535.84.

DEEDS/ROADS-COUNTY AND STATE

On a motion by Commr Carson, seconded by Commr. Deems and carried unanimously, the Board released the following road reservations from the Department of Transportation on the following deed numbers:

# 552, Release all reservations

#2837, Release all reservations

ASSESSMENTS

Michael C. Willett, County Administrator, stated that the owner of one-half of the road agrees to pay one-half the costs for the special assessment in Laurel Lea Subdivision, Robert D. Road. Mr. Willett stated that the County will pay one-third of the remaining half and the property owners will pay the other 66% of the remaining half. He further stated that 55% of the required signatures had been obtained.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved to bid the special assessment project of Laurel Lea Subdivision - Robert D. Road. ANIMAL CONTROL

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved for Frankie Thorpe, Animal Control, to use a County vehicle to attend a seminar in West Palm Beach.

EDUCATION

Michael C. Willett, County Administrator, informed the Board that the Lake County School Board is extremely interested in the Summer Lunch Program and utilizing the Summer Youth Program to help eliminate costs. Mr. Willett stated that the School Board was requesting that the County apply for the Grant. It was the feeling of the Board that there is some need for control of the monies.

No action was taken at this time.

PUBLIC HEALTH

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board authorized the County to join the Florida Association of County Aging Executives and reserved the right to make the appointee of the individual to serve until a later date.

RESOLUTIONS

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board authorized a resolution be prepared for each of the five individuals that placed second in the "Brain Bowl" at Lake-Sumter Community College and authorized the signature of each Board member be placed thereon.

Discussion occurred regarding the preparation of a resolution for any outstanding citizen within Lake County law enforcement agencies for any heroism performed in the line of duty. Mr. Watkins stated that a letter would be sent to any and all law enforcement agencies within the County.

RECESS & REASSEMBLY

The Board recessed at 11:35 a.m. for lunch and reconvened at 2:00 p.m. for the Public Works Agenda.

Commr. Smoak was not present for the afternoon session.

ROAD CLOSINGS - Squirrel Point Subdivision - Petition #341

Michael C. Willett, County Administrator, recommended that

the road closing be approved as presented.

It was noted that the proper proof of publication was on hand as it appeared in the March 2, 1984, and March 9, 1984, editions of the Sentinel Star Lake Little Sentinel.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved to vacate 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 No. 341.

ROAD CLOSINGS - James M. Conner Subdivision - Petition #342

Michael C. Willett, County Administrator, recommended that the road closing be approved as presented.

It was noted that the proper proof of publication was on hand as it appeared in the March 2, 1984, and March 9, 1984, editions of the Sentinel Star Lake Little Sentinel.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved to vacate the south 16 l/2 feet of Lot 22 and the north 16 l/2 feet of Lot 14 and 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 No. 342.

ROAD CLOSINGS - Permission to Advertise - Petition #343

No one present wished to discuss the request with the Board.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board granted permission to advertise an alley in Block D in Mount Plymouth, First Addition in Plat Book 10, page 3 and located between Lots 18 through 26, as recorded in the Public Records of Lake County, Florida, for Jordan M. Iserman, by E. L. Teuton, as per Petition No. 343.

ROAD CLOSINGS - Permission to Advertise - Petition #344

No one present wished to discuss the request with the Board.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board granted permission to advertise the portion of Robert D. Road located between part of Lot 14 and Lot 15 in Laurel Lea Subdivision, Plat Book 17, page 21, as recorded in the Public Records of Lake County, Florida, for J. F. Goldthorpe, as per Petition NO. 344.

ROAD CLOSINGS - Permission to Advertise - Petition #345

No one present wished to discuss the request with the Board.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board granted permission to advertise that portion of Second Street between Block G and Block H in Okahumpka Subdivision in Section 15, Township 20 South, Range 24 East, in Lake County, Florida, for Rex Dixon, as per Petition No. 345.

ROAD CLOSINGS - Permission to Advertise - Petition #346

Michael C. Willett, County Administrator, discussed with the Board the vacating of additional lots. Mr. Harold Hoyt, representing the petitioners, the Wilkersons, appeared before the Board and stated that he would have no objection to the vacating of the two lots.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board granted permission to advertise a part of Block 41 in the Plat of Higley in Section 3, Township 18 South, Range 25 East, in Lake County, Florida, for the Wilkersons, as per Petition No. 346.

ROAD CLOSINGS - Permission to Advertise - Petition #347

Steven Richey, representing the Petitioner, was present to discuss the request with the Board.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board granted permission to advertise the plat of Lincoln Park Subdivision, Plat Book 9, page 79, as recorded in the Public Records of Lake County, Florida, for David A. and Evelyn J . Rider, by Harbeck Realty Company, as per Petition No. 347.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 2:18 p.m.

Glenn C. Burhans, Chairman

James C. Watkins, Clerk

TMA/3-27-84