A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 18, 1984

The Lake County Board of County Commissioners met in regular session on Tuesday, September 18, 1984, at 9:00 a.m. in the Board of County Commissioner's Meeting Roan, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Glenn C. Burhans, Chairman; C. A. "Lex" Deems; Claude E. Smoak, Jr.; and Thomas J. Windram. Commr. Carson was not present for the meeting. Others present were: James C. Watkins, Clerk: Michael C. Willett, County Administrator; Robert L. Wilson, Finance Director; 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.

MINUTES

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the Minutes of September 4, 1984, as presented.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the Minutes of September 11, 1984, and the Special Minutes of September 11, 1984, as presented.

BIDS

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board awarded Bid #008-967-085 to Office Products of Lake County for the 1984-1985 typewriter maintenance.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board awarded Bid #OlO-405-085, diesel fuel, to Toler Gulf Oil Distributors, Leesburg, for the following:

1. Lake County Barn #1 Leesburg

2. Lady Lake Landfill

3. City of Mascotte

Included in the motion was the awarding of the diesel fuel bid to E. L. Williams Gulf Oil Distributors, Eustis, for the following:

1. Mosquito Control, Public Works

Barn #3, Astatula Landfill

2. City of Umatilla

3. City of Eustis

4. City of Mt. Dora.5. City of Clermont

6. City of Tavares

7. Sheriff's Department

BIDS (CONT'D)

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board awarded Bid #002-750-085, limerock, to M. J. Stavola Industries and Florida Crushed Stone Company.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board awarded Bid #005-235-085, culvert pipe, to Southeastern Municipal Supply Co. Inc. for the following:

1. Round Pipe, galvanized metal, ACCMP Riveted

2. Galvanized, round, Plain (Riveted)

Included in the motion was the awarding of the culvert pipe bid to Armco for the following:

1. Round Pipe, galvanized metal, ACCMP (Spiral)

2. Galvanized, Round Plain, (Spiral)

3. Flap Gates

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board awarded Bid #006-060-085, batteries, to Hurricane Batteries, Leesburg.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board awarded Bid #003-618-085, office supplies, to Office Products of Lake County at a discount of 27 percent.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board awarded Bid #007-570-084, scrap metal, to Henry Brown and Sons Salvage for the total amount of $400.00.

BUDGET TRANSFERS/SOIL CONSERVATION

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

SOIL CONSERVATION: Please transfer $11,550.00 from Account #OOl-599-l-00-99-000-999 CONTINGENCY to the following accounts as scheduled:

Acct. Name Acct. # Amount

Regular Salaries 001-537-1-00-44-000-120 $ 9,756.OO

Social Security 001-537-1-00-44-000-210 678.00

Retirement Cont. 001-537-1-00-44-000-220 1,056.OO

Life & Health Ins. 001-537-1-00-44-000-230 60.00

$11,550.00

BUDGETS/TAX COLLECTOR

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

carried unanimously, the Board acknowledged receipt of the budget request for the fiscal year 1984-85, T. Keith Hall, Tax Collector.

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 Additions

Raymond Paul Cochran Authur Potter

Lawrence E. Hoag

BONDS - CONTRACTOR

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

Bonds, new and cancellations:

New

#0030-85 Kenneth R. Blakeley (Plumbing Contractor)

#0064-85 Leo Zeak, Jr. (Plumbing Contractor)

# 209-85 Ozell Smith (Building)

# 779-85 John N. Shearer d/b/a Rowe's Electric, Inc. (Electrical)

# 841-85 Bishop Broomfield (Building)

#1124-85 Bruce A. Tomon (Carpentry & Roofing)

#1228-85 Richard P. Brown (Residential)

#1796-85 Richard Olin (Masonry)

#1950-85 Richard L. Gerth (Building)

#3056-84 Dix Electric, Inc. and Walter Dix and Sons, Inc. (Elec.)

#4146-84 James J. Bryant (Electrical Contractor)

#4165-85 Michael S. Brannon (Residential)

#4166-84 Royce Helms d/b/a Star Electric (Electrical)

#4167-85 George Agner d/b/a Town & Country Electric (Electrical)

#4168-84 Michael E. Gillespie (Residential Contractor)

Cancellations

# 99-85 Dean H. Guerry

# 613-85 Everett W. Poling

#1429-85 Allen W. Akers, A & B Heat & Air, Inc.

#4081-85 Terry S. Vargo

#4129-85 Jeff Vanderklip

REPORTS

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue, Traffic/Criminal Cases for the week ending August 31, 1984, ($10,074.24).

REPORTS/SHERIFF'S DEPARTMENT

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board acknowledged receipt of the listing of all activity on forfeitures since the first of the year as reported by Christopher P. Giachetti, Director of Administrative Services, Lake County Sheriff's Department.

BONDS/FIRE DISTRICTS-FIRE DEPARTMENTS/ACCOUNTS ALLOWED/

INDIGENTS

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the Public Official Bond for Thomas A. Kent, Commissioner, Bassville Fire District.

Included in the motion was approval for the payment of Warrant #42764 through Warrant #42763 for the following accounts:

General Revenue

County Transportation Trust

Law Library

Northeast Hospital



Fine & Forfeiture

Mosquito Control

Aquatic Weed

Northeast Ambulance



Northwest Ambulance

Law Enforcement Trust Fund

Landfills

Special Assessments















Section 8

Private Industry Council

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

Ralph H. McGraw for Jeff Slone - District #1 - $50 - September

Ella Bradford for Linda Win&ester - District #l - $50 - September

Paul Swill for Ronald L. Gale - District #l - $50 - September

James Paul Curry for Lorraine Jones - District #5 - $50 - September



CONTRACTS, LEASES & AGREEMENTS/SHERIFF'S DEPARTMENT

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

carried unanimously, the Board approved and authorized the Chairman to sign the Contract for Service of Process, State of Florida Department of Health and Rehabilitative Services, subject to approval by the County Attorney, as requested by Christopher P. Giachetti, Director of Administrative Services, Lake County Sheriff's Department.

COMMITTEES/JAILS

Mr. Watkins, Clerk, reported to the Board that the Jail Task Force Committee had met and reviewed the rough draft of the Lake County Jail Needs Study as submitted by Reynolds, Smith and Hills. He stated that at this time the Committee had some questions regarding the backup information/data to the recommendations made by Reynolds, Smith & Hills. He stated that the Committee recommended and requested that he, as Chairman, contact Mr. Bob Buchanan, Consultant, and obtain a price from him to review the Study. Mr. Watkins stated that he felt the cost would be under $1,000. Mr. Watkins gave a brief synopsis of the procedures taken to choose the consultant for the Jail Task Study. Be further stated that he felt that the contract with Reynolds, Smith & Hills had not been fulfilled, as the report does not give the background information for the recommendations. Mr. Watkins informed the Board that he has spoken with the President of Reynolds, Smith & Hills, and he has no problem with Mr. Buchanan reviewing the report. He further stated that no payment has been made to Reynolds, Smith & Hills.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried, the Board approved the recanmendation of Mr. Watkins to hire Bob Buchanan, Consultant, to review, evaluate, and specifically to make recommendations as to what should be included in the final report submitted by Reynolds, Smith & Hills.

Commr . Deems was not present for the vote.

ORDINANCES/ZONING

At 9:30 a.m. the Chairman announced that the advertised time had arrived for the public hearing on a proposed Ordinance Amending the Zoning Regulations. It was noted that the proper proof of publication was on hand as it appeared in the August 28, 1984, and September 11, 1984, editions of the Sentinel Star, Lake Little Sentinel.

Mr. Jerry Sexton, Planning Director, appeared before the Board to discuss the addition of Section 696 "PUD" Planned Unit Development District. At this time Mr. Sexton reviewed the Purpose and Intent of this section.

Mr. Sexton informed the Board that this Ordinance has been reviewed by the Planning and Zoning Commission and no other changes have been made.

Discussion occurred regarding 696.13, Approved Procedure,

Section 2, paragraph four (4), as follows:

"If a final development plan has not been approved by the expiration date of the Preliminary Approval, the Official Zoning Map shall be amended to show the previous zoning and a notice of revocation shall be filed on the case."

Commr . Windram and Commr. Smoak guestioned the reverting back to the previous zoning.

Mr. Sexton stated that one problem would be that usually no two developers would develop the property in the same way, and since the preliminary plans would have to be reviewed and approved by the Board for the next developer, why not let the property revert back to the previous zoning.

Commr. Smoak suggested having an open PUD and letting those who fit within the Comprehensive Plan limitations in Lake County have that zoning district for future development under the rigid guidelines of the PUD presented here today.

At this time the Chairman postponed the public hearing on the proposed Resort Tax Ordinance until 10:20 a.m.

Michael C. Willett, County Administrator, discussed the zoning in several counties.

Mr. Steve Richey, Attorney, appeared before the Board to discuss the proposed PUD District. He stated that he spoke before the Planning and Zoning Commission on the ideas for the development of the District. Mr. Richey stated that the fact that the staff is requiring all the voluminous material has a positive step from the developer's point of view. Mr. Richey stated that he would prefer the zoning to stay in PUD and have the developer return with another preliminary plan.

Mr. Sexton informed the Board that the proposed Ordinance does not provide for minumum house size and that the market should dictate the size.

Discussion occurred regarding the development of smaller units.

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

AN ORDINANCE AMENDING THE ZONING REGULATIONS OF LAKE COUNTY, FLORIDA, ORDINANCE 1971-6, AS AMENDED, BY DELETING SECTIONS 60.160(h), 61.150(g), 62.150(d), 62.250(h), 62.340(h), 63.150(f), 63.260(f), 64.150(f), 645.150(f), 65.150(f), 9/18/84.9/18/84 66.160(e), 665.150(c), 67.150(f), 68.160(f), 69.160(b), 610.160(b), 611.160(b), WHICH RELATES TO THE ESTABLISHMENT OF A PLANNED UNIT DEVELOPMENT BY MEANS OF A CONDITIONAL USE PERMIT IN THE FOLLOWING ZONING DISTRICTS: A (AGRICULTURE), RA (RANCHETTE DISTRICT), RR (RURAL RESIDENTIAL), RE (RURAL ESTATES), ER (ESTATE RESIDENTIAL), R-1-15 (RESIDENTIAL ESTATES), R-1-10 (MEDIUM RESIDENTIAL DISTRICT), R-l-7 (URBAN RESIDENTIAL), R-1-6 (RESIDENTIAL DISTRICT), R-l-5 (MOBILE OR MIXED RESIDENTIAL), RMRP (MOBILE HOME RENTAL PARK RESIDENTIAL), RM (MOBILE HOME RESIDENTIAL DISTRICT), RP (RESIDENTIAL PROFESSIONAL), C-l (RURAL OR TOURIST COMMERCIAL), C-2 (COMMUNITY COMMERCIAL), LM (LIGHT MANUFACTURING), M-l (HEAVY INDUSTRIAL); AND FURTHER DELETING SEC'IIONS 70.24 IN ITS ENTIRETY WHICH RELATES TO THE INTENT, DEFINITION, PROCEDURES AND STANDARDS FOR A PLANNED UNIT DEVELOPMENT: BY CREATING A NEW SECTION 696.00 "PUD" (PLANNED UNIT DEVELOPMENT) AS AN ADDITIONAL DISTRICT TO PROVIDE FOR PLANNED RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL COMMUNITIES CONTAINING A VARIETY OF STRUCTURES AND DENSITIES OF BUILDING ARRANGEMENTS, WITH COMPLEMENTARY AND COMPATIBLE USES: PROVIDING APPROVAL PROCEDURES, PLAN REQUIREMENTS, ALTERATIONS TO PLANS, AND DEVELOPMENT STANDARDS: PROVIDING A SEVERANCE CLAUSE: PROVIDING AN EFFECTIVE DATE.



On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board adopted Ordinance 1984-6, as read

on its first and final reading by title only.

Mr. Sexton received direction from the Board that all the PUD's that have been postponed will be meeting the preliminary development plan requirements in the new zoning ordinance.

ORDINANCES/COMMITTEES

At 10:40 a.m. the Chairman announced that the advertised time had arrived for the public hearing on the proposed Ordinance for a Resort Tax. It was noted that the proper proof of publication was on hand as it appeared in the August 28, 1984, and September 11, 1984, editions of the Sentinel Star, Lake Little Sentinel.

Discussion occurred regarding the wording of the question on the ballot as stated in Section VI. of the Resolution.

It was the feeling of the Board that more of an explanation was needed in the ballot question to inform the public of the source and purpose of the tax.

Chris Ford, County Attorney, suggested voting on the Ordinance, and he would have a revised Resolution to present to the Board in the afternoon session.

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

AN ORDINANCE FOR THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY FLORIDA, TO LEVY AND IMPOSE AND SET A TWO PERCENT (2%) TOURIST DEVELOPMENT TAX THROUGHOUT LAKE COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, FLORIDA STATUTES 125.0104; SAID TAX TO BE CHARGED TO EVERY PERSON WHO RENTS, LEASES, OR LETS FOR CONSIDERATION ANY LIVING QUARTERS OR ACCOMMODATIONS AT ANY HOTEL, APARTMENT HOTEL, MOTEL, RESORT MOTEL, APARTMENT, APARTMENT MOTEL, ROOMING HOUSE, TOURIST OR TRAILER CAMP, OR CONDOMINIUM FOR A TERM OF SIX (6) MONTHS OR LESS; PROVIDING SAID TAX SHALL APPLY TO FAIR MARKET VALUE OF PROPERTY OR CONSIDERATION RECEIVED IN LIEU OF RENT; PROVIDING FOR THE COLLECTION AND DISBURSEMENT THEREOF; ADOPTING A TOURIST DEVELOPMENT PLAN FOR LAKE COUNTY, FLORIDA; ESTABLISHING AND APPOINTING MEMBERS TO THE LAKE COUNTY TOURIST DEVELOPMENT COUNCIL AND ENUMERATING RESPONSIBILITIES THEREOF; PROVIDING FOR VIOLATIONS AND PENALTIES; PROVIDING FOR REFERENDUM APPROVAL PRIOR TO EFFECTIVE DATE OF THE ORDINANCE; PROVIDING FOR REPEAL OF THE 'TAX BY REFERENDUM ELEC'PION; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE.



On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board adopted Ordinance 1984-7, as read on its first and final reading by title only.

At this time the Board gave Mr. Ford permission to revise the ballot question in the Resolution and bring back to the Board for approval this afternoon.

ORDINANCES/VETERANS SERVICES

At 10:50 a.m. the Chairman announced that the advertised time had arrived for the public hearing on the proposed Handicapped Parking Ordinance. It was noted that the proper proof of publication was on hand as it appeared in the August 29, 1984, and September 11, 1984, editions of the Sentinel Star, Lake Little Sentinel.

Mr. Art Ragland, Veterans Service Officer, appeared before the Board to discuss the proposed Ordinance and the procedures used to apply for a handicapp permit.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the following amendment in Section B of the proposed Ordinance:

"A law enforcement officer or a parking enforcement specialist who finds a vehicle without an authorized permit and sticker in a parkiny space....".



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

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, PROVIDING A FINE OF $100.00 FOR VIOLATING FLORIDA STATUTE 316.1955 OR FLORIDA STATUTE 316.1956 WHICH FINE IS IN EXCESS OF THAT SPECIFIED BY FLORIDA STATUTE 318.18(2); SAID FINE TO BE IMPOSED UPON ANY PERSON IN THE UNINCORPORATED AREAS OF LAKE COUNTY, WHO STOPS, STANDS OR PARKS A VEHICLE WITHIN ANY SPECIALLY DESIGNATED AND MARKED PARKING SPACE FOR DISABLED PERSONS WITHOUT A PERMIT ISSUED PURSUANT TO FLORIDA STATUTE 320.0848; PROVIDING AN EFFECTIVE DATE: PROVIDING A SEVERANCE CLAUSE.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board adopted Ordinance 1984-8, as amended, as read on its first and final reading by title only.

CONTRACTS, LEASES & AGREEMENTS/HEALTH DEPARTMENT

Dr. June Atkinson, Director of the Lake County Health Department, and Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss the contract between the Lake County Board of County Commissioners and State of Florida Department of Health and Rehabilitative Services to provide funding for the County's public health unit, specifically, Lake County. Mr. Strickland stated that the major point was the Board's approval of $305,000 as cash contributions for the Health Department, and the County having to approve all subcontracts held by the Health Department. He further stated that the phrase "If applicable, either party may employ the default provisions in Chapter 13A-1, Florida Administrative Code" was deleted under "Termination of Breach". He stated that on page 8, Section E, the following sentence was reworded as follows: "Adjustments in the planned expenditures of funds for program service areas within each level of service shall be permitted with a modification to this contract and a budget amendment".

Dr. Atkinson informed the Board that there was a reserve in funds as of July 1, 1984, which would carry the Health Department to the time when the contributions would cane from tax funding, and at this time discussed Attachment 13. She stated that the Health Department would have approximately $90,000 in the County Public Health Unit Trust Fund next year to be utilized in the construction of facilities to meet the next three to four years growth.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved that Attachment 13 as presented by Dr. Atkinson be amended so that all funds utilized for alterations of buildings be submitted for review to the Building Committee.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the Contract reflecting the changes as outlined by Dr. Atkinson and Mr. Strickland.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign and adopt the amended contract between the Lake County Board of County Commissioners and State of Florida Department of Health and Rehabilitative Services.

HEALTH DEPARTMENT/COMMUNICATIONS

Commr. Burhans informed the Board of a notice received from the State Association of County Commissioners requesting a Letter of Intent regarding the Primary Health Care Program for low- income persons funded through county public health units, to be submitted by September 27, 1984.

Dr. Atkinson informed the Board that she has discussed this with Mr. Strickland and is in the process of scheduling meetings for next week to discuss a program. She stated that the proposal guidelines drawn up by Tallahassee are very harsh.

Mr. Strickland stated that he has a concern regarding the entering of a Letter of Intent because of the fear of entering into a program with HRS which they can expand upon and the County has to pay the expense. Mr. Strickland suggested filing a Letter of Intent acknowledging the Request for Proposal, and reserving the right of not filing a RFP for the funds if the County does not participate.

BUDGETS/PERSONNEL DEPARTMENT/SOIL CONSERVATION

Mr. Glenn W. Timmons, Personnel Director, appeared before the Board to discuss the Proposed Salary Budgets for 1984- 985, and the salary budget amendment request from the Health and General Services Division and the increase in the salary budget for the Lake County Soil and Water Conservation District.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the Proposed Salary Budgets for 1984-1985; the salary budget amendment request from Health and General Services Division in the amount of $1,500; and the increase in salary budget from the Lake County Soil and Water Conservation District in the amount of $1,500 as presented by Mr. Glenn Timmons.

COMMUNICATIONS/RESOLUTIONS

Commr. Windram informed the Board of a letter received from Florida Citrus Mutual regarding the serious citrus disease, citrus canker.

Commr. Burhans stated that he had sent a copy of the letter to the County Attorney to review.

Chris Ford, County Attorney, stated that anyone who unlawfully goes into a citrus nursery is already guilty of a misdemeanor, a one year maximum imprisonment and a $1,000 fine.

Mr. Ford suggested, as a legal expenditure, having numerous signs put up and scattered throughout the County regarding the spread of the citrus canker and any type of public advertising.

Discussion occurred regarding educating the public of the seriousness involved with the spreading of the citrus canker.

Mr. Ford suggested a Resolution enforcing the trespassing laws, and advertising in the papers.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved to communicate to the general public their concern with the spread of the citrus canker, and that the County Administrator be authorized to utilize with his discretion whatever means are necessary to indicate to the general public the concern of trespassing from grove to grove, or property to property, and the potential dangers involved with it, and to use advertising materials and the print media, or signs, or any program which would indicate to the public the Board's concern for the agricultural industry in the County.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved a Resolution regarding the citrus canker and the enforcement of the trespassing laws, a copy of which shall be attached to a copy of the letter received from Florida Citrus Mutual and sent to the Lake County Sheriff's Department.

ACCOIJNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Deems, and carried unanimously, the Board approved the request, pursuant to Florida Statute 943.25(8)A, Lake County Ordinance 1982-1, from Noel E. Griffin, Jr., Sheriff, for monies in the amount of $80.00 to pay the registration fee for two of the Clerks to attend the "1984 First Annual Extradition Workshop" held October 30 and 31, 1984, at the Mid-Florida Technical Institute, Orlando, Florida.

PUBLIC WORKS/WATER AUTHORITY

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request from William C. Davis, Executive Director, Water Authority, for assistance for one-time maintenance and repair of a small section along the Cherry Lake Dike near Groveland.

RESOLUTIONS

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved a Proclamation declaring the week of October 14-21, 1984, as "Garden Club Week".

RECESS & REASSEMBLY

At 12 noon the Chairman announced that the Board would recess for lunch. The Board reconvened at 2:00 p.m. for the County Administrator's Agenda.

ACCOUNTS ALLOWED/VETERANS SERVICE

Mr. Art Ragland, Veteran's Service Officer, appeared before the Board to discuss an increase in the budget due to the possibility of employing an individual to replace Mr. Obie Brown. Mr. Willett, County Administrator, informed the Board that the increase would be approximately $1,000 - $1,300, which had been set aside in additional monies.

On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board approved the budget increase request from Mr. Art Ragland and authorized the hiring of the individual to replace Mr. Obie Brown.

Commr. Smoak was not present for the vote.

COUNTY ADMINISTRATOR'S AGENDA

ROAD CLOSINGS - Portion of Fifth Street - Petition #358

Mr. Zeb Osborne, Attorney representing the Petitioner, and Mr. Majors, Petitioner, were present to discuss the request with the Board.

It was noted that the proper proof of publication was on hand as it appeared in the August 29, 1984, and the September 5, 1984, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board approved to vacate that portion of Fifth Street, lying between the Southerly right-of-way of Griffin Avenue and the North right-of-way of Joseph Avenue, located in Block 15, Section 8, Township 18 South, Range 24 East, less the West 16' thereof, situation in Lake County, Florida, by James E. Majors, c/o Z. L. Osborne, Attorney, as per Petition No. 358.

Commr . Smoak was not present for the vote.

ROAD CLOSINGS - Plat Book 2, Page 24 - Petition No. 360

Mr. Willett, County Administrator, informed the Board of a letter received from the City of Clermont objecting to the request.

It was noted that the proper proof of publication was on hand as it appeared in the August 29, 1984, and September 5, 1984, editions of the Sentinel Star, Lake Little Sentinel.

Commr. Smoak discussed with Mr. William Stone, Attorney for the Petitioner, and Mr. Tommy York, son of the Petitioner, the amending of the request to include "except Northerly of property line running due East of Tract 57-A (York property)."

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to vacate the certain unnamed street or road right-of-way lying northeasterly of Tract 57-A, Southwesterly of the shoreline of Jack's Lake, Easterly of the East right-of-way line of Grand Highway, and Northerly of the North right-of-way line of Highland Avenue and Southerly of the South Line of the NW l/4 of the SW l/4, except Northerly of property line running due East of Tract 57-A (York property), all according to the map of Section 20, Township 22 South, Range 26 East, Lake county, Florida, property of Lake Highlands Company, dated August 17, 1917, and filed and recorded August 17, 1917, in the Plat Book 2 at Page 24 of the Public Records of Lake County, Florida, by William H. Stone, Attorney for John C. York, as per Petition No. 360, as amended.

ROAD CLOSINGS - Portion of Twin Lakes Blvd. - Petition No. 361

No one present wished to discuss this request with the

Board.

It was noted that the proper proof of publication was on hand as it appeared in the August 29, 1984, and September 5, 1984, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved to vacate that portion of Twin Lakes Blvd. East of lots 5 and 6 Block 6 of Twin Lakes

Subdivision and West of the Lake, fran the Northeast corner of lot 5 South to the Southeast corner of lot 6, Block 6, according to the plat of Twin Lakes Subdivision recorded in Plat Book II page 88 Public Records of Lake County, Florida, by George M. Shuck as per Petition No. 361.

ROAD CLOSINGS - Portion of Osgood Street - Petition No. 362

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

It was noted that the proper proof of publication was on hand as it appeared in the August 29, 1984, and September 5, 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 that portion of Osgood Street, from the South right-of-way line of Oak Avenue, South to the North right-of-way line of Lake Avenue, lying between the West line of Block 3 and the East line of Block 4, according to the Plat of Reeve's Subdivision, as recorded in Plat Book 1, Page 32, Public Records of Lake County, Florida, in Section 25, Township 19 South, Range 27 East, by Mike Treadwell as per Petition No. 362.

ROAD CLOSINGS - PERMISSION TO ADVERTISE

Petition No. 363 - Portion of Lake Street

Mr. William Stone, Attorney for the Petitioner, appeared

before the Board to discuss this request.

Discussion occurred regarding reserving the drainage easement going from the present paved area north to the lake.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board granted permission to advertise, with the drainage easement being reserved to the lake, for the vacation of that portion of Lake Street, lying Northerly of Lake Shore Drive, and that portion of Crescent Shore Drive, lying easterly of Crescent Cove, and westerly of Oak Haven Estates, located in Section 12, Township 23 South, Range 25 East, Lake County, by E. Virginia Ribordy, William H. Stone, Attorney, as per Petition No. 363.

At this time the Board directed Mr. Willett to review the drainage situation and consider a drainage easement for the Board's review at the next public hearing.

Petition No. 365 - Portion of Holly Road, Astor Forest Campsites

Mr. Marshall, co-owner with Mr. Knight, Petitioner, appeared before the Board to discuss the request.

Discussion occurred regarding retaining a drainage easement.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board granted permission to advertise for the vacation of that portion of Holly Road, in Astor Forest Campsites, lying between Block 47, Lots 29 and 31 and Block 85, Lot 11, by Jess L. Knight as per Petition No. 365.

Petition No. 364 - Columb, Trist and Bringier Subdivision

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

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board granted permission to advertise for the vacation of all Lots, Roads, and Right-of-Ways in the Columb, Trist and Bringier Subdivision as recorded in PB 5, Pg. 65, Public Records Lake County, by Paul M. Hanna, Jr., Agent for Flagship Bank of Tampa Trust, Florida Fruit Co. and Harry K. Kim as per Petition No. 364.

GRANTS/MUNICIPALITIES

Mr. Greg Beliveau, City of Leesburg, appeared before the Board and requested that the County participate in three grants that the City of Leesburg has applied for by paying 2.5% of the total grants, which amounts to $20,000.00. He stated that one grant was to reconstruct a runway as well as a taxiway, and adding a visual aid to the approach landing at the airport. He further stated that the other two grants were to construct brand new taxiways. Mr. Beliveau stated that the County had participated in two previous grants.

Mr. Willett, County Administrator, recommended approval stating that the participation would benefit both the City and the County. He stated that the funds could be used from the Contingency Fund or the County Transportation Fund.

Discussion occurred regarding the repayment of the funds to the County by the City. Mr. Beliveau stated that the amount generated at the present has not been sufficient to cover the City's costs.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request from the City of Leesburg in the amount of $20,000.00, and authorized the transfer of funds.

ACCOUNTS ALLOWED/LANDFILLS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to increase petty cash at the Loghouse Landfill from $35.00 to $50.00.

ROADS - COUNTY AND STATE

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

1. Lafayette Dowdell - Westchester Road - $45.00

DEEDS/ROADS - COUNTY AND STATE

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved to release the following road reservations from the Department of Transportation for the following Murphy Act Deeds:

1. #2568 - Reserve 30 feet from the centerline of Oak Avenue #4-4485 and also 30 feet from the centerline of Lawrence Street #4-438 5B.



2. #1351 - Reserve 33 feet from the centerline of Hazzard Ave. (City of Eustis).



3. #2748 - Reserve 40 feet from the centerline of St. Andrews Blvd. and reserve 25 feet from the centerline of Pinehurst Street.



4. # 860 - ReSeNe 25 feet from the centerline of no name road along the Eastside there of.



5. # 798 - ReSeNe 33 feet from the centerline of Swift Road #4-7798.



6. #1831 - ReSeNe 25 feet from the centerline of Robbins Road.



7. # 687 - ReSeNe 20 feet from the centerline of Olivet Avenue.



8. #2707 - ReSeNe 30 feet from the centerline of 7th Street.



ASSESSMENTS/RESOLUTIONS/ROADS - COUNTY AND STATE

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board accepted the following roads into the County Maintenance System:

1. Circle Way - #l-5338

2. Valley Lane - #l-5338A

3. Center Lane - #l-5338B

4. Grove Street - #l-5338C

APPOINTMENTS-RESIGNATIONS/PRIVATE INDUSTRY COUNCIL

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

carried unanimously, the Board approved the appointment of Mr. Donald Miller and Mr. Kenneth A. Bragg to fill the posts of Chairman and Vice Chairman of the Lake County Industry Private Council for the Fiscal Year 1985.

On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board approved the appointment of Ms. Janice Richardson to both the Lake County Private Industry Council, and the Volusia, Lake, Flagler Private Industry Council.

Commr. Smoak was not present for the vote.

ACCOUNTS ALLOWED/PLANNING DEPARTMENT/POLLUTION CONTROL

On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board approved the travel request for Jerry Sexton, Director of Development, to attend the 1984 Florida Planning Conference in Tampa from October 3 to October 5, 1984, at an anticipated cost of $249.00.

Included in the motion was approval of the travel request for Paulette Muller, Pollution Control Director, to attend the Florida Local Environmental Regulation Association Seminar in Sarasota on October 19, 1984, at an anticipated cost of $75.00.

Commr. Smoak was not present for the vote.

ACCOUNTS ALLOWED/VETERANS SERVICE

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the travel request for Arthur F. Ragland, Veterans Service Officer, and Lonnie Strickland, Director of Health and General Services, to attend the State Association of County Commissioner's Conference in Miami, Florida, October 2-6, 1984, at an anticipated cost of $520.00.

Mr. Willett informed the Board that a seminar would be held on private jails and recanmended that someone attend.

BONDS - MOBILE HOME

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the following requests to live in a mobile home on the same piece of property on which their conventional dwelling unit is being built, subject to the proper bonds being posted and with the understanding that the mobile home will be removed upon completion of the conventional dwelling unit or upon the request of the Board of County Commissioners:

1. Wallace C. Myers, Jr. - Tuscanooga/Groveland Area -District 2



2. Roy L. & Kathleen H. Bailey - Pine Lakes Area -District 4

3. Clyde M. Slocomb - Umatilla Area - District 5

4. William Feilmeier - Mount Plymouth Area - District 4

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the cancellation of the mobile home bond for Pamela Ruggie.

ROADS - COUNTY AND STATE/ROAD PROJECTS

Mr. Willett, County Administrator, informed the Board that Martin Paving Company, who paved State Road 42 about two or three years ago, was requesting an additional payment by the County in the amount of $21,563.00, over and above the contract price. He stated that after he reviewed the request with Sandy Minkoff, County Attorney's Office, he had sent a letter to Martin Paving Company indicating that he did not feel the County was responsible for the additional costs as the contract had been let as a design build project. Mr. Willett stated that a letter had been received from the attorney for Martin Paving Company requesting payment.

Ben Benedum, Public Works Coordinator, stated that basically there were more culverts than Martin Paving Company had counted; therefore for the completion of the work of expanding the additional culverts, they billed the County for the additional expense.

Mr. Willett stated that the County had agreed to pay approximately $5,000-$6,000 for additional work that might have been done, but the full payment was not recommended.

Chris Ford, County Attorney, recanmended that the County offer to pay the additional $5,000-$6,000 since it was a design build.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized the County Administrator to negotiate, on behalf of the Board of County Commissioners, payment to Martin Paving Company, only covering those additional change orders that the County initiated, in addition to the original contract with Martin Paving Company, and that the County not cover any excess costs in shortfall of their bid.

PUBLIC WORKS

Ben Benedum, Public Works Coordinator, reported to the Board regarding the double surface treatment of roads as presented in his memorandum. He stated that the memorandum was strictly written as backup to the road improvement program.

At this time the Board commended Mr. Benedum for an outstanding job.

COMMITTEES/CODE VIOLATIONS

Mr. Willett, County Administrator, informed the Board that he had received two applications for the vacancies on the Code Enforcement Board. Be suggested that the positions be readvertised for further applications.

The Board directed Mr. Willett to notify Mr. Tom Poole,

President of NAACP, of the vacancies and to readvertise.

VIOLATIONS CODE

Mr. Willett, County Administrator, discussed with the Board a problem of a fence that was constructed on the right-of-way of C-48.

Commr. Deems discussed the history of the problem and stated that Code Enforcement could not remove the fence because the fence is 33 feet away from the centerline of the road.

Discussion occurred regarding a letter dated October 4, 1973, sent by Mr. C. A. Benedict, Department of Transportation, to Mrs. Kennedy granting her permission for placement of a hedge or similar type growth or a barrier to prevent general public from entering her property.

Mr. Ford, County Attorney, stated that the County should not let anyone interfere with the County right-of-ways. He suggested having the fence removed so that no precedence would be set.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board directed that the people in

violation be instructed to remove the fence from the right-of- way.

PUBLIC WORKS

Mr. Willett, County Administrator, discussed the abandonment of two vehicles at the County parking lot.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized the County Administrator's Office to take appropriate action on the abandoned vehicles.

COMMITTEES/INSURANCE

Mr. Watkins, Clerk, discussed with the Board a memorandum received from Kathy A. Barnett, Insurance Coordinator, regarding the insurance extensions for the 1984-85 fiscal year in the amount of $94,028.62. He stated that if the County did not accept the presented figures, then the County would have to go to bid and request extensions. He further stated that there was an approximate increase of 30%, and the major increases were due to property coverage and autanobile coverage.

Mr. Watkins stated that the costs presented had been approved and recommended by the Insurance Committee.

Commr. Smoak requested that in the future the insurance carrier notify the Board at least 90 days prior to the budget year so that the figures can be reviewed, so that if the Board had a problem with a figure, the County would have time to go out for bid.

Discussion occurred regarding the County having an insurance agent.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the following lines of insurance for the 1984-85 fiscal year:

COVERAGE AGENT PREMIUM

Property Coverage Eyerly Insurance $21,119.00

Date Processing Lassiter-Ware 1,911.oo

Boiler & Machinery Talmage Insurance 3,605.OO

General Liability McGriff, Seibels & Wms. 19,407.oo

Crime Coverages Talmage Insurance 1,685.OO

Automobiles McGriff, Seibels & Wms. 34,990.oo

Public Officials Liability Lassiter-Ware 2,043.OO

Umbrella Liability McGriff, Seibels & Wms. 6,000.00

Occupational Death John E. Hunt Associates 3,268.62

TOTAL $94,028.62

COMMITTEES/RESOLUTIONS

Chris Ford, County Attorney, presented the Board with a Resolution for the Resort Tax with a reworded ballot question on page two.

Commr. Smoak made a motion and Commr. Deems seconded the motion to approve the Resolution amending the ballot question for the Resort Tax as presented by the County Attorney.

Discussion occurred regarding clarification of who was going to be paying the resort tax. It was the feeling of the Board that in order for the public to understand the question, some clarification was needed.

At this time Commr. Smoak withdrew his motion and Commr. Deems withdrew his second.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the amended Resolution and ballot question as follows:

"Shall Ordinance 1984-7, levying and imposing a tourist development tax (resort tax) to be a two percent (2%) tax on rentals, such as motels, hotels, rooming houses, etc., for rental terms of less than six (6) months for acquisition of land, planning and development of a publicly owned and operated convention center, exhibition hall, exposition center and recreation and sports complex be approved?"

COMMITTEES

Commr. Burhans informed the Board that he had spoken with Mr. Jack Sargent, Resort Tax Committee, regarding the educating of the general public on the resort tax. At this time Commr. Burhans suggested that the Resort Tax Committee meet to discuss recommendations that could be made.

Commr . Smoak suggested that Mr. Willett, County Administrator, accumulate cost figures regarding advertising the resort tax and schedule a meeting for the Resort Tax Committee before October 1, 1984.

Mr . Ford, County Attorney, suggested the Resort Tax Committee register as a political action committee.

RESOLUTIONS

Mr. Ford, County Attorney, presented to the Board a resolution stressing the spreading of the citrus canker for their review.

Discussion occurred regarding amending the resolution to read "all law enforcement officers" enforcing the trespassing laws.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the amended Resolution regarding the spreading of the citrus canker to include the following:

" . ..requests the Sheriff of Lake County and to all law enforcement officers to fairly and strictly enforce the trespassing laws of the State of Florida....".



CLERK/COUNTY POLICY

Mr. Watkins, Clerk, discussed with the Board the policy to be used within the office of the County Commissioners regarding newspaper reporters.

At this time each Commissioner expressed his opinion regarding a common courtesy policy.

There being no further business to be brought to the

attention of the Board, the meeting adjourned at 4:18 p.m.

Glemm C. Burhans, Chairman

James C. Watkins, Clerk

TMA/9-25-84