A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MARCH 19, 1985

The Lake County Board of County Commissioners met in regular session on Tuesday, March 19, 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: C. A. "Lex" Deems; Claude E. Smoak, Jr.; and Thomas J. Windram. Commr. Carson was absent from the meeting. 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.

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

MINUTES

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the Minutes of March 5, 1985, as submitted.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the Minutes of March 12, 1985, as corrected.

BONDS - CONTRACTOR

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

New

#1049-85 Huston Hales (Roofing)

#4248-85 Thomas E. Butler & Norman K. Hickman (General)

#4249-85 Robert W. Merritt (Mobile Home Service)

LICENSES AND PERMITS

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

New

Leroy E. Walters

Mary Jolene Pasak

Harry J. Miller

Ned Eugene Woods



John F. Northcott

Delores H. Bender

Joe Snedeqar

Renewals

Robert Charles Kennedy

Earl S. Vanscoyk

Monard Dillon, Jr.

Maurice E. Hindman



George J. White, Jr.

Brenda G. Dillon

William V. Zeller

Additions

William F. Jones

REPORTS

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

February 28, 1985 ($11,736.54) March 8, 1985 ($12,839.72)

ACCOUNTS ALLOWED/INDIGENTS

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the payment of warrant #47329 through warrant #47571 for the following accounts:

General Revenue Fine & Forfeiture

County Transportation Trust Revenue Sharing

Mosquito Control Law Library

Aquatic Weed Northeast Hospital

Northeast Ambulance Northwest Ambulance

Section 8 Private Industry Council

Landfills Countywide Library

Special Assessments

Included in the motion was approval for payment for the

following indigents for the month of March:

McCobe Apartments Inc. for Sonya Lee/$50/District #l

Mrs. Robert Goff for Loretta Guerrero/$5O/District #l

W. B. Gibson for Medina Clifton/$50/District #l

Mr. Folker for Tera Saylor/$50/District #2

ASSESSMENTS

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

on the following Satisfaction of Assessment Liens:

Western Shores Subdivision

Jack E. Irwin & Lorraine E. H/W $574.33

Frank Wilson McDowell & Kathryn Jean H/W 849.37

BUILDING COMMITTEE/COMMUNICATIONS

Commr. Burhans informed the Board of a letter received from the Honorable Bob Graham, Governor, announcing the 1985 Governor's Design Awards Program established to recognize outstanding examples in the development of public facilities throughout Florida. At this time Commr. Burhans referred the letter to the Building Committee.

OUTDOOR RECREATIONAL FACILITIES

Commr. Burhans informed the Board of a letter received from the Department of Natural Resources stating that the Governor had approved the Department of Natural Resources Rule for the Florida Recreation Development Assistance Program.

Mr. Michael C. Willett, County Administrator, informed the Board that Mr. Bob Fields, Planning Department, has reviewed the grants and will be discussing them with the Board at a later time.

ROADS-COUNTY AND STATE

Commr. Burhans informed the Board of a telephone conversation with Mr. Don Bailey, Senator Langley's Office, regarding a meeting to be held March 25, 1985, in Altamonte Springs to discuss state road funds and the county road program.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request from Noel E. Griffin, Jr., Sheriff, in the amount of $5,000.00, to be

transferred from the Contingency Fund to the Investigative Fund.

COMMUNICATIONS/BUILDING DEPARTMENT/COUNTY POLICY

Discussion occurred regarding a letter received from Mr. John J. Wright, Executive Director, Home Builders Association of Mid-Florida, regarding the County's change in policy of accepting block contractors by reciprocity with other counties and municipalities. Mr. Wright requested the Board reconsider this action and, if Lake County stops administering the Block examination, allow the reciprocity agreement to continue. Discussion occurred regarding how the policy is affecting the small contractors.

Commr. Smoak made a motion for the Board to reconsider the previous action taken by the County concerning mandatory state licensing of contractors and reinstituting the Block examinations and the reciprocity agreements with the adjacent counties.

Discussion occurred regarding the reasons for the changes that were made in the policy.

At this time Commr. Smoak withdrew his motion.

Commr . Smoak requested that the Building Department policies regarding the Block exam be reviewed at the next regular scheduled meeting, April 2, 1985.

COMMUNICATIONS

Commr. Smoak informed the Board of a request received from Barbara Thornton, St. Cloud, offering her services in assisting Lake County in celebrating its centennial anniversary.

The Board referred the request to Mr. Watkins.

LANDFILLS

Commr . Smoak commended Mr. Willett, County Administrator, and his staff for the cleanup of the Astatula Landfill. He recommended that the County contact Mr. Steve Bohl, State Forester, requesting his assistance in preparing a vegetative buffer program along C-561.

Mr. Willett stated that the County has been waiting for the approval of plans as to where the retention areas need to be located.

ACCOUNTS ALLOWED/ASSESSMENTS

The Chairman announced that the advertised time had arrived for the public hearing on Special Assessment #36, Leesburg Boulevard.

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

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the assessment roll for Special Assessment #36, Leesburg Boulevard, and awarded the bid to Paquette Paving Co. Inc. in the amount of $24,751.60.

COUNTY ADMINISTRATOR'S AGENDA DEEDS/ROADS-COUNTY AND STATE/RIGHT-OF-WAYS, ROADS & EASEMENTS

On a motion byCommr. Windram, seconded by Commr. Deems and carried unanimously, the Board accepted the following right-of- way deeds:

a. Jo A. Cunningham - Hancock Road - #3-1255

b. David L. & Carolyn L. Poitier - Pruitt Street Ext.

DEEDS/RIGHT-OF-WAYS, ROADS-EASEMENTS

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board accepted the following Non- Exclusive Easements on Westmont Road:

a . Eleanor B. Stekl

b. Herbert J. and Mary F. Carr

c. Elbert W. and Marian Dyer

d. Clyde 0. and Elma Harrison Wright

DEEDS/ROADS-COUNTY AND STATE

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board released the following road

reservations fran the Department of Transportation for the following Murphy Act Deeds:

a. #358 - Reserve 30 feet fran the centerline of Pine

Avenue. (East of Mt. Dora)

b. #1660 - Reserve 66 feet from the centerline of Clifford

Avenue. (City of Eustis)

C . #2128 - Reserve 25 feet from the centerline of Britt

Road #4-4981.

d. #638 - Reserve 25 feet from the centerline of

Billingsley Drive.(East of Tavares)

e. #2519 - Reserve 25 feet from the centerline of Cypress

Street. (Lake Kathryn area)

ACCOUNTS ALLOWED/ROADS-COUNTY AND STATE

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board granted permission to contract tree removal of dead Australian pine (112 trees on Sunnyside Loop-Old Tavares Road and 32 trees on Trimpi Road) at a cost estimate not to exceed $5,000.00, subject to the trees being on the right-of-way.

PUBLIC WORKS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the purchase of four chain saws to replace four Home-lite chain saws.

ROADS-COUNTY AND STATE

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to name an unnamed road in the North l/2 of Section 8, Township 19, Range 28 Springfield Road.

FIRE DISTRICTS-FIRE DEPARTMENTS

Discussion occurred regarding the Board's policy as to identification on fire fighting equipment in the Fire Districts.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the policy of local fire districts identifying themselves as such, and that the Board express its appreciation for the efforts they extend on behalf of the people of Lake County.

MUNICIPALITIES

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request from Tavares PTO to block off a portion of C-452 between Tavares/Mt. Dora Lakeshore Drive for a "Fun Run" on Saturday, March 23, 1985, from 8:30 a.m. to 9:30 a.m., with notification being given to the Lake County Sheriff's Department and the Tavares City Police.

COUNTY POLICY/MUNICIPALITIES

Discussion occurred regarding the Town of Howey obtaining the county's policy of notification to the cities on development plans adjacent to city borders as part of the Town Commission's agenda for their meeting tomorrow night. At this time the Board stated that they felt they should have the outcome of the meeting before taking action on the rezoning case of Mr. Harry Kim, #18- 5-2 which is scheduled on today's agenda at 10:30 a.m.

COUNTY EMPLOYEES/PERSONNEL

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the merit increases for employees as listed on the memorandum dated March 14, 1985, by Mr. Glenn W. Timmons, Personnel Manager.

POLLUTION CONTROL/SUBDIVISIONS

Mr. David E. Rosenau, Pollution Control, appeared before the Board to discuss a request for site plan approval of wastewater treatment and disposal facilities at Eagles Nest Subdivision in Astor.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board accepted the site plan for wastewater treatment and disposal facilities for Eagles Nest Subdivision in Astor.

PRIVATE INDUSTRY COUNCIL

Commr . Windram made a motion, which was seconded by Commr. Deems to approve a request from Robbie Baird, Director of the Private Industry Council, to attend the National Rural JTPA Conference to be held in Tulsa, Oklahoma, on April 21 through April 24, 1985, at an anticipated cost of $337.00 plus a round trip air fare paid from available JTPA funds. The motion died because of a two-two vote with Commr. Smoak and Commr. Burhans, voting "no".

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request to purchase two (2) 35 ton lo-boy trailers to replace two (2) 25 year old trailers obtained from the Army Surplus at Starke in the 1950's.

MUNICIPALITIES/SIGNS/ACCOUNTS ALLOWED

On a motion by Commr. Deans, seconded by Commr. Smoak and carried unanimously, the Board approved the request from the City of Groveland to purchase five (5) speed limit signs at a total

cost of $274.75 from the County.

CONTRACTS, LEASES & AGREEMENTS/PUBLIC WORKS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request for a Septic Tank Collection Franchise for ASC Septic Tank, subject to the applicant meeting DER's regulations.

BONDS - MOBILE HOME

On a motion by Commr. Smoak, seconded by Commr. Windram 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 units are being built, subject to the proper bonds being posted and with the understanding that the mobile homes will be removed upon completion of the conventional dwelling units or upon the request of the Board of County

Commissioners:

a. Edward D. Gorman - Mt. Plymouth Area - District #4

b. Henry R. & Carol A. Antauer - Minneola Area - District #3

ACCOUNTS ALLOWED/ANIMAL SHELTER

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request to purchase a 1985 economy pickup truck off state contract (Nissan) for the Animal Shelter at a cost of $6,000.00.

CONTRACTS, LEASES & AGRREEMENTS/MUNICIPALITIES

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board authorized proper signatures on the Interlocal Agreements with all cities regarding the road impact fees.

ACCOUNTS ALLOWED/MUNICIPALITIES/PUBLIC WORKS

Discussion occurred regarding a request to participate with the Town of Lady Lake in a revision of the intersection of Lake Griffin Road and Lemon Street at an approximate total cost of $3,000.00, with the Town of Lady Lake to participate with 50% of

the cost of construction.

Mr. Michael Willett, County Administrator, recanmended that the Town of Lady Lake contribute the total cost of construction with the County providing the labor.

Discussion occurred regarding all cities participating in the road impact fee, and having an option not to by passing a city ordinance. Discussion continued regarding the Town of Lady Lake feeling as though they would not benefit from the fee.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request, as recommended by Mr. Willett, to participate with the Town of Lady Lake in a revision of the intersection of Lake Griffin Road and Lemon Street, with the County providing the labor and equipment and Lady Lake providing the funds in the approximate amount of $3,000.00.

ZONING

PUBLIC HEARING #18-85-2 A to PUD Harry K. Kim

Mr. Paul Hanna, representing Mr. Kim, appeared before the Board to discuss the request.

Commr. Smoak stated that the County needed the cities to recognize, that if they do not control the growth on the borders, they will be locking themselves into the existing borders, unless the laws change for annexation.

Commr. Smoak informed the Board of a telephone call received from Mr. Samuel G. Adams, Mayor, Town of Howey-in-the-Hills, indicating his personal opinion being favorable to the construction,.but not speaking for the Town of Howey-in-the- ills. He indicated a Town Council meeting will be held Wednesday, March 20, 1985, to discuss this particular request.

Discussion occurred regarding the County's procedures for notifying the cities of such rezoning cases, and the County requesting that the cities go on record indicating they have no objections for the property to be in the County.

Mr. Chris Ford, County Attorney, stated that he had no problem with the Board approving the request, but recommended that the Board develop a policy, with footage restrictions, and with the cities receiving a formal notice from the County.

Mr. Hanna stated that the Town of Howey-in-the-Hills has agreed to provide fire protection to his development.

The Board requested that Mr. Willett review the Comprehensive Development Plan and devise such statements as recommended by the County Attorney so that the developer has the knowledge at the beginning of his development process.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to postpone the above request until March 21, 1985, at 9:00 a.m.

Commr. Smoak requested that Mr. Willett, working with the County Attorney, develop a policy statement for the Board to review. He further stated that he would be attending the meeting in Howey and would provide the Board with the necessary information to review the request.

ACCOUNTS ALLOWED/COUNTY EMPLOYEES

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

carried unanimously, the Board approved the employment of Mr. David Clapsaddle for the position of Land Development Manager, at the salary of $19,500.00.

ACCOUNTS ALLOWED/LANDFILLS

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the extended rental of the pan used at the landfills for two months.

ACCOUNTS ALLOWED/PUBLIC WORKS/LANDFILLS

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

carried unanimously, the Board approved the purchase of sand as cover material for the Astatula Landfill at 50C per ton, for an approximate cost of $5,000.00.

WATER RESOURCES

Discussion occurred regarding the Board taking an official position on the plan adopted by the Southwest Florida Water Management District to follow a natural drainage pattern and the purchase of additional property to implement the program.

Commr . Smoak stated that he felt that the Board should take a position with formal action that the County do not endorse and will actively resist any activities which would divert normal northerly flow of waters out of the Green Swamp to the west. He stated that he objected to using additional taxpayers money to purchase property that will not be used any differently.

Mr. Willett stated that he would be bringing additional information before the Board this afternoon regarding the Southwest Florida Water Management District.

MENTAL HEALTH

Commr . Burhans informed the Board of a ribbon-cutting ceremony to be held March 22, 1985, at the new Geriatric Treatment Center in Leesburg at 1O:OO a.m.

LAWS AND LEGISLATION/RESOLUTIONS

Commr . Rurhans discussed a proposal in the legislature for a "Blue Law", which is similar to the Greenbelt. He stated that there is approximately 38,000 acres of water charged area of land in Lake County and would recanmend that the Board endorse a resolution supporting the bill. He further stated that this would be a tax break for the frozen citrus groves.

Commr . Smoak suggested that Chris Ford, County Attorney, review the bill, because of stipulations, and that any endorsement that is given should be tempered by the changing nature of bills that go through the legislative process.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved to review, upon the

recommendations of Commr. Burhans, the bill, concerning the "Blue Law", which has been filed in the House and the Senate, and directed the County Attorney review the bill and bring back and comment to the Board at the next regular scheduled meeting, April 2, 1985.

GRANTS/PLANNING DEPARTMENT

Mr. Bob Fields, Planning Department, appeared before the Board to discuss the Land and Water Conservation Fund for the Florida Recreation and Development Assistance Program through the Department of Natural Resources (DNR). He stated that the County could apply for $500,000 for the Land and Water Conservation Fund and $250,000 for the Florida Recreation and Development Program, each requiring a match in funds by the County.

Discussion occurred regarding the $30,000 Federal Disaster money qualifying as matching funds.

Mr. Fields stated that the application deadline for the Florida Recreation and Development Assistance Program is August, and the deadline for the Land and Water Conservation Fund is October.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board directed the staff to meet with Mr. Mark Burgess, Soil Conservation District, and Mr. David Williams with the Federal Program, to see if there is some applicable method of utilizing some of the grant funds, or seeking application for the grant funds for Lake County, specifically for the Water and Soil Conservation.

At this time the Board scheduled the discussion of the above motion for April 9, 1985.

WATER RESOURCES

On a motion by Commr. Smoak, seconded by Commr. Windram and carried, the Board, through its staff, approved to communicate to the Southwest Florida Water Management District concerning the Green Swamp Project, (1) that the Board of County Commissioners go on record as opposing additional purchases of Lake County lands subject to review by the Board and any proposals for such purchases; (2) that the Board of County Commissioners opposes any actions by the Southwest Florida Water Management District, which would potentially divert waters that historically flow north into the Palatlakaha Channel.

Commr. Burhans voted "no".

RECESS & REASSEMBLY

At 11:2O a.m. the Board recessed for lunch and reconvened at 2:00 p.m. for the continuation of the County Administrator's Agenda.

Commr. Deems was not present for the afternoon session.

ROAD CLOSINGS - Portion of ROW of C-25A and Dixie Ave. - Petition #370

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 February 28, 1985, and March 7, 1985, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved to vacate that portion of the right-of-way of C-25A and Dixie Avenue described as the West one foot of the South 30 feet of the East 18 feet of Lot 26, Block 16 of F. H. Whitney's S/D of Blocks 3, 13, 16 and 23 of Fruitland Park, as recorded in Plat Book 4, Page 13 of the Public Records of Lake County, Florida, by the City of Fruitland Park, Florida, as per Petition No. 370.

ROAD CLOSINGS - PERMISSION TO ADVERTISE

Petition No. 371 - Portion of a 12.0 foot alley, Snyder's Addition

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

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board granted permission to advertise for the vacation of that portion of a 12.0 foot alley lying South of Lots 4, 5 and 6, Block "D" and North of Lots 4, 5 and 6, Block A"A of the unrecorded subdivision of Snyder's Addition to Okahumpka, Florida, located in the East l/2 of the Northwest quarter of Section 15, Township 20 South, Range 24 East, Lake County, Florida,.by Fred A. Morrison, Attorney for Knowles, Nisbeth & Allen per Petition No. 371, with the stipulation that all of the property owners be notified.

Petition No. 372 - Portion of a Citrus Loading Ramp Easement

Joanna F. Tsirnikas was present to discuss this request with the Board.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board granted permission to advertise for the vacation of that portion of a Citrus Loading Ramp Easement lying at the Northeasterly corner of the Northwest quarter of the northwest quarter of Section 9, Township 18 South, Range 25 East, along edge of County Road 5-7528, Lake County, Florida, by Gary T. Rowe, c/o Joanna F. Tsirnikas as per Petition No. 372.

Petition No. 373 - Portion of a 10' alley, Paxton & Somerville's Subdivision

Mr. Cecil Bodiford was present to discuss this request with

the Board.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board granted permission to advertise for the vacation of that portion of a 10' alley running east and west through Block 7, Paxton & Somerville's Subdivision, Sorrento, Florida, as recorded in Plat Book 1, Page 32 of the Public Records of Lake County, Florida, by Cecil Bodiford as per Petition No. 373.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

Mr. Chris Giachetti, Sheriff's Department, appeared before the Board and stated that the National Sheriff's Institute will be conducting part of their spring training sessions in Lake County. He stated that the Institute has allowed Lake County to video tape part of the program. Mr. Giachetti requested approval of an expenditure in the amount of $3,500.00 from the Law Enforcement Training Account for the video equipment.

Mr. Giachetti stated that the City of Daytona Beach has a library of 55 training films that are available to be reproduced at a cost of $5.50 per tape, which would save on travel and costs.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request in the amount of $3,500.00 from the appropriate funds.

JAILS

Discussion occurred regarding Mr. Jim Smith, Department of Insurance and Treasurer, inspecting the Lake County Jail as a result of a pending lawsuit. It was noted that there were no serious mistakes, and the County's jail experts feel that the facilities are properly staffed at the present time.

OUTDOOR RECREATIONAL FACILITIES

Discussion occurred regarding the County having a resolution or an ordinance pertaining to airboats.

Commr. Smoak discussed the ordinance passed by the City of Clermont and the effects it has made regarding the use of airboats.

Commr. Burhans requested a letter from the Sun Lake and Lake Yale residents regarding hourly restrictions for the use of airboats.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 2:25 p.m.

Glenn C. Burhans, Chairman

. Watkins, Clerk

TMA/3-27-85