A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FEBRUARY 12, 1985

The Lake County Board of County Commissioners met in regular session on Tuesday, February 12, 1985, 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; James R. Carson, Jr.; C. A. "Lex" Deems; Claude E. Smoak, Jr.; and Thomas J. Windram. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; Michael C. Willett, County Administrator; Robert L. Wilson, Finance Director: and Toni M. Austin, Secretary.

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

MINUTES

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the Minutes of February 5, 1985, as corrected.

COUNTY ADMINISTRATOR'S AGENDA

MUNICIPALITIES/PUBLIC WORKS

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

carried, the Board approved the request from Shelly Swift for the

use of a motor grader, water truck, and roller at the annual

Sunshine National Tractor Pull in Eustis on February 22 through

February 24, 1985.

Commr. Windram was not present for the vote.

ROADS-COUNTY AND STATE/PUBLIC WORKS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request for a one-time maintenance for Frank R. Johnson - Ohio Street - $30.00.

Commr. Windram was not present for the vote.

RESOLUTIONS/ROADS-COUNTY AND STATE/SUBDIVISIONS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board accepted an Irrevocable Letter of Credit in the amount of $19,500.00 for maintenance in Magda Estates Subdivision and accepted the following roads into the county maintenance system:

1-5032C Mark Lane

l-4932 Fairway Circle

l-4932A Jodee Court

l-4932B Damon Court

l-4932c Joel Court

l-4932D Karl Court

l-4933 Silver Bluff Drive

Commissioner Windram was not present for the vote.

ACCOUNTS ALLOWED/ASSESSMENTS

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

carried unanimously, the Board approved the request for full payment to Paquette Paving Co., Inc. for Project SA-31 South Sunset Terrace in Suburban Shores in the amount of $19,843.50.

ASSESSMENTS/RESOLUTIONS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved to accept South Sunset Terrace #3-1268A into the county maintenance system.

AMBULANCES-HOSPITAL DISTRICTS/RESOLUTIONS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved and authorized the proper signatures on the Certificates of Public Convenience and Necessity for South Lake Memorial Hospital, Waterman Medical Center, and Leesburg Regional Medical Center as requested by Emergency Services.

BUILDING DEPARTMENT/COUNTY EMPLOYEES/COURTHOUSE

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request for a new Permit Clerk position at the South Lake Annex.

Discussion occurred regarding a report received by the Clerk's Office reflecting the fees collected at the South Lake County Annex in Clermont and the impact the fees have made on the Clerk's budget.

Commr. Smoak requested a future report from Michael C. Willett, County Administrator, reflecting the fees collected by his individual offices located in the South Lake County Annex, in addition to the fees collected by the Clerk, and with a projection as to what Clermont should expect in the future.

Commr. Smoak discussed the consolidation of the County activities in South Lake County, which would help conserve costs, and a concern with the parking area.located at the present site. He further discussed several pieces of property located in Clermont that might be available for the use by the County for the consolidation.

ROADS-COUNTY AND STATE/SUBDIVISIONS/ASSESSMENTS

Discussion occurred regarding the paving of Ebersole Road.

It was the feeling of the Board that Mr. Willett should continue with the mandatory lien assessment at Sorrento Shores Subdivision as previously approved by the Board, because the problem had not been solved with Ebersole Road.

Mr. Jim Stivender, Public Works Department, discussed pursuing in the future survey work to determine the center-line of Ebersole road for a future right-of-way.

Discussion occurred regarding the possibility of removing one row of orange trees owned by Mr. Jelsma on the South side.

Commr. Deems requested that Mr. Stivender submit to him a survey of the property as soon as possible for his review.

PUBLIC HEALTH

Mr. Lonnie Strickland, Director of Health and General Services, appeared and informed the Board of the State changing the formula utilized in determining nursing home bed need. He stated that the formula change is from 27 beds per 1,000 over age 65 to a very complex formula which allows HRS (Health and Rehabilitative Services) a lot of latitude in the CON (Certificate of Need) Process. He further stated that using their new formula, anywhere from 120 to 240 new beds can be constructed in the "Lake-Sumter" planning area.

Mr. Strickland stated that with the new formula in effect,

the month of December showed letters of intent filed for 1,851 new nursing home beds in Lake County and Sumter County, with 30 beds approved in the Eustis area.

Mr. Strickland stated that over a three year period, the increase percentage in new beds in Lake County in comparison with the percentage of increase in our Medicaid roll were the same.

Mr. Strickland informed the Board that the Health Planning Council no longer approves or denies the entity for the beds; it is handled strictly by HRS.

Mr. Strickland stated that he did not have a problem with nursing home beds being placed in hospitals because it allows them to conserve taxpayer dollars, and that two of the hospitals have requested to build nursing home beds. He stated that hospitals with nursing home beds in-house are able to move the patient from the more expensive acute care bed to the lower cost nursing home bed without a long delay, improving their quality of care with savings to the patient and taxpayer; however, Mr. Strickland did have reservations concerning the construction of a new facility which would operate as a separate entity.

COMMITTEES/AMBULANCES-HOSPITAL DISTRICTS/LAWS AND LEGISLATION

Mr. Strickland appeared before the Board and presented a report on the recanmendations made by the Health Care Cost Committee. He stated that it was the feeling of the Committee, with the agreement and assistance from the attorneys and hospitals, to construct a plan for a unified county-wide health authority. He stated that he and the attorneys for the districts and the County Attorney will attempt to develop such a plan with the proper legislative wording to consolidate the three districts into one district within the next month.

Commr. Smoak discussed preparing legislation that would accomplish this plan, but not implementing it until 1986, so that it can be addressed at the budget hearings this summer.

Zeb Osborne, Attorney representing Waterman Medical Center, discussed the problem of the legislation passing something with language that no one would be able to endure, and the need for a referendum. Mr. Osborne discussed the implementation of the plan to allow for the changes that are anticipated in Federal government with Medicare and Medicaid regulations.

Commr. Smoak discussed the preparation of the legislation requesting the legislative delegation to consolidate the districts, with the elected officials having the ultimate repsonsibility and working with interlocal agreements.

Chris Ford, County Attorney, stated that he felt there was a need for the time delay because of the anticipated changes in the hospital payment plans, and everyone seemed to be in agreement to the delay in legislation.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board went on record, confirming the recommendation of the Chairman, to notify the legislative

delegation of the intent to construct a plan for a unified county-wide health authority and to pursue the 1986 legislation.

DEEDS/AMBULANCES-HOSPITAL DISTRICTS

Mr. Zeb Osborne, Attorney for Waterman Medical Center, discussed a bond issue in the early 1960's for the hospital. He stated that as part of the IRS law, some government entity had to have an option to purchase the property. After extensive research, an option has been referred to in the mortgage document and the Board minutes, but has not actually ever been recorded.

Mr. Osborne stated that the bond issue has been paid, but Barnett Bank is now requesting a copy of the option, which is unavailable, and is now requesting the title company to insure the option. The title company has refused and is treating it as a "Cloud on a Title". Mr. Osborne stated that a Quit Claim Deed is now needed or a Suit to Quite Title will have to be filed. He stated that the Deed would only be for the block on which the hospital structure, built in 1926, is located.

Chris Ford, County Attorney, stated that there is no question that it was done strictly for IRS purposes to get tax exempt status when they sold the $1,250,000 bond. It was his recommendation that the Quit Claim Deed be executed.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request from Waterman Hospital for a Quit Claim Deed as recommended by the County Attorney.

COMMUNICATIONS/FAIRGROUNDS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved to indicate to Mr. Freddie G. Garner, Superintendent, Lake County Schools, that the exposition building will be made available to him at an agreeable date for a banquet to honor 1,000 to 1,200 academically outstanding ninth through twelfth grade students, and that the fees be waived; however, they will need to pay the costs for setup and cleanup.

COMMUNICATIONS/RESOLUTIONS

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board directed a resolution be prepared commending the academically outstanding ninth through twelfth grade students to be honored at a banquet at the exposition building, as mentioned in the February 11, 1985, letter received from Mr. Freddie G. Garner, Superintendent, Lake County Schools.

LANDFILLS/POLLUTION CONTROL

Mr. Bill McClary and Mr. Allen Edgar, Mid-Florida Mining Company, Lowell, Florida, appeared before the Board and presented a slide program on Terra-Seal, a Florida mineral soil sealant. Mr. McClary stated that the terra-seal cell lining was one method that the Department of Environmental Regulations accepted for the sealing of the tops and bottoms of landfills.

Mr. Edgar presented the history of the company and stated that the products that they sell are a calcium montmorillonite clay. He stated that they ship out of Marion County, and Ardaman & Associates, Inc. is their testing agency.

The presentation involved an explanation of the actual mining, packaging, delivering, unloading, application and compaction of the product.

Mrs. Paulette Muller, Director of Pollution Control, stated that she had attended several meetings regarding the requirements that are going to be established by DER, such as gas venting for all landfills that are going to be closed. She stated that the Astatula landfill is the County's number one problem as far the closing. She stated that DER has found the terra-seal product acceptable, and Edmunds and Jones, who has designed the new Astatula landfill, has recommended Mid-Florida Mining Company and its product.

Mrs. Muller stated that tests will have to be performed on any of the acceptable products that the County decides upon, and an engineering certification stating that it meets the permability requirement. Mrs. Muller recommended the terra-seal because of the acceptability from a local firm and her concern for the seams in the artificial liners and the probability of the liners being punctured.

Mrs. Muller stated that the County has until July of this year, when the new rules go into effect, to submit closure plans for the present landfills.

Mr. Willett stated that the County has closing costs in an approximate amount of $850,000 in the budget, with approximately 120 acres to close.

Mrs. Muller stated that she has sent a notice to the Board from DER with proposals for the requirement of some type of account to be set aside for the closure of landfills, and enacting legislature authorization for the levying of a special assessment tax for monies to close landfills.

Mr. McClary discussed costs that would be involved for the terra-seal product and distributed several pamphlets for the Board's review, one of which listed several projects that Mid- Florida Mining Company has been involved.

BONDS - CONTRACTOR

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

New

# 136-85 Huston Hales

#4240-85 Joel Booth d/b/a Allio & Booth Electric

#4241-85 Gregory D. Baugh (Electrical)

FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of the Financial Statements of the Paisley Fire District as of and for the years ended September 30, 1984 and 1983.

PUBLIC HEALTH

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the proper signatures on the Petition for Admission to A. G. Holley State Hospital for Lucious (NMN) Williams.

COMMITTEES/COMMUNICATIONS

Commr . Smoak informed the Board that he had spoken with Mr. Roger Raulerson, Manager of Libby, McNeal & Libby, Florida Citrus Groves Corporation, concerning the County's solicitation of land sites. He stated that it was indicated that everything that Libby owns is for sale, and discussed the location of several pieces of property.

RECESS & REASSEMBLY

At 11:43 a.m. the Chairman announced the Board would recess for lunch. The Board reconvened at 2:00 p.m. for Rezoning.

REZONING

PUBLIC HEARING #957-3 CUP in A R. F. Raidle & Louis Feil

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

carried unanimously, the Board approved to postpone this rezoning case until April 9, 1985, at 2:00 p.m., or as soon thereafter as

possible.

PUBLIC HEARING #175-84-3 LM to MP Duracrete Concrete

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved to postpone this rezoning case until March 12, 1985, at 2:00 p.m., or as soon thereafter as possible.

At this time it was made part of the record that Mr. Steve Richey, representing Duracrete Concrete, had agreed upon a certain time, being March 12, 1985, for this particiular rezoning case to be heard, with no further postponements.

PUBLIC HEARING #956-3 CUP in A Calvin Sadler, Inc./"50 WEST

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the withdrawal of this rezoning case.

PUBLIC HEARING #182-84-3 RR to MP Sally A. Hillman, Trustee

Mr. Dewey Burnsed, Attorney representing the petitioner, was present to discuss the request with the Board.

Mr. Ray from the mining company was present to discuss the request with the Board.

Discussion occurred regarding a concern for the opening of a new industrial area.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to MP (Planned Industrial) to sell, lease and repair semi-truck trailers.

PUBLIC HEARING #4-85-5 A to R-1-15 William F. Seibert

Mr. Bob Stebbins appeared before the Board and stated that he is an owner of two lots within the area. He stated that the Development Staff had opposed the rezoning, because it is deviating from the Comprehensive Land Use Plan. He further stated his concerns being the density involved and the concrete bridge supporting the increase in traffic. He referred to a letter received from Mr. Richard Newman regarding the bridge and the adjacent property owners helping to pay for the reconstruction of the bridge once the development has taken place. At this time he stressed his concern for multiple homes on small lots and urged the Board to override the decision made by the Planning and Zoning Commission.

Discussion occurred regarding the acreage of land and water, and the recommendation of the Development Staff being that in order for the petitioner to provide county maintained roads to the development, the existing bridge would have to be reconstructed to Department of Transportation standards, which may make the subdivision of the small acreage economically infeasible.

Mrs. Barbara Johnson appeared before the Board and stated that she did not object to the development of the site, but felt that the property should remain in an RE zoning.

Mr. Will Seibert, petitioner, appeared before the Board and stated that he could understand the property owners concern for the density in the area. At this time he distributed diagrams showing details of his proposal, stating that there would not be much difference in the density.

Commr. Burhans discussed previous deed restrictions and regulations established by the subdivision.

Mr. Seibert stated that he had notified each surrounding property owner by letter of his intentions to rezone only three lots.

Mr. Seibert stated that the reason he applied for R-1-15 zoning was because of the road that divides the smaller lot.

Discussion occurred regarding RE and ER zoning and the restrictions of each.

Mr. Seibert, Mr. Will Seibert's father, appeared before the Board to discuss the request and stated that no lot in the subdivision was zoned RE.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved to postpone this case until March 12, 1985, at 2:00 p.m., or as soon thereafter as possible, in order for Mr. Seibert to consult with Mr. Willett and Mr. Sexton regarding the necessary requirements for the right-of-way involved and the keeping of the density at its present level.

PUBLIC HEARING CUP #955-4 CUP in C-l John J. Matsche

Commr. Windram made a motion, which was seconded by Commr. Deems to uphold the recommendation of the Planning and Zoning Commission.

Mrs. Hughes, adjacent property owner, appeared before the Board and stated her objections to the rezoning. She stated that she was concerned about the limitations that will be placed on her property when she tries to sell it.

Mr. Jack Matsche was present to discuss the request with the Board.

Mr. Paul Van Buren, Pastor of the Seventh Day Adventist Church, appeared before the Board and clarified the request for a community service building.

Mr. Willett stated that he knew of no law that restricts a bar from being constructed next to a church.

The Board called for the question and upheld the recommenda- ion of the Planning and Zoning Commission and approved the request for Classification of Uses for and a CUP (Conditional Use Permit) in C-l (Rural or Tourist Commercial).

PUBLIC HEARING #8- 5-3 Amend CP Jim & Linda Clarke