A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
May 7, 1985
The Lake County Board of County Commissioners met in regular session on Tuesday, May 7, 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; Robert L. Wilson, Finance Director; Michael C. Willett, County Administrator; and Toni M. Austin, Secretary.
Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Windram.
MINUTES
Commr. Smoak discussed the action taken by the Board members on April 16, 1985, regarding the NRG/Recovery Group, Inc. At this time he expressed his reservations concerning the Board taking action without complete information regarding the increase in the tipping fee. He stated the Board was informed that the figures changed at the end of December, and that approval to sign the contract was given in January. He further questioned the subject not being an aqended item or an emergency item so that the full Board could be present to take action.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the Minutes of April 16, 1985, as corrected.
ELECTIONS
Mrs. Emogene Stegall, Supervisor of Elections, appeared before the Board with a recommendation to split Precinct 30 to create Precinct 45 and Precinct 46, per Florida Statute 98.031. She informed the Board that Precinct 45 would be located at the Bassville Fire Department Station #3 and Precinct 46 would be located in the Knoll's Plaza.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the split of Precinct 30 to create Precinct 45 and Precinct 46 as recommended by Mrs. Emogene Stegall.
COUNTY ADMINISTRATOR'S AGENDA
LANDFILLS
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the request to create a new position in the Landfill Department of Solid Waste Disposal Operations Supervisor/Equipment Operator III with a salary range of $12,000 - $16,000.
ROADS-COUNTY AND STATE/SIGNS/RESOLUTIONS
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for a "No Dumping" sign to be posted at the entrance of Selma Drive off CR 435.
MUNICIPALITIES/SIGNS/ACCOUNTS ALLOWED
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request for the Town of Montverde to purchase one (1) "No Parking" sign at a cost of $35.00.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request for the City of Mascotte to purchase six (6) "No Truck" signs at a cost of $270.00.
MUNICIPALITIES/PUBLIC WORKS/ACCOUNTS ALLOWED
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request to stripe 20 parking spaces for the City of Mascotte at an approximate cost of $300.00.
MUNICIPALITIES/SIGNS/ACCOUNTS ALLOWED
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request for the City of Groveland to purchase five (5) stop signs with posts and brackets at a cost of $345.00.
ACCOUNTS ALLOWED/ROAD PROJECTS/ASSESSMENTS
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for partial payment to Hewitt Contracting Co., Inc. for Radio Road Project No. 8-85 in the amount of $41,436.00.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for full payment to Paquette Paving Co., Inc. for Leesburq Boulevard (portion) Project No. SA-36 in the amount of $24,751.60 and accepted the remainder of Leesburq Boulevard into the county maintenance system.
ASSESSMENTS/SUBDIVISIONS
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the corrected assessment roll on Project No. SA-37 Sorrento Shores Subdivision (Harbor Way, Windward Avenue, Bay Avenue, Leeward Street, Pelican Street, and Anchor Way).
ROADS-COUNTY AND STATE/SIGNS/RESOLUTIONS
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request to post a 30 m.p.h. speed limit on Deer Road #5-9080 in Ocala Forest Campsites #3 (Shockley Hills).
DEEDS/RIGHT-OF-WAYS, ROADS-EASEMENTS
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board accepted the following right-of- way deeds:
Carl W. Roller - Welsh Trail
Carl W. Roller - Palamino Trail
ROSS H. Orris - Palamino Trail
Lawrence P. Reynard - Palamino Trail
Ross H. Orris - Thoroughbred Trail
Leo F. Truxall - Thoroughbred Trail
Martin J. Levesque - Thoroughbred Trail
John Pifer - Thoroughbred Trail
Daniel Berger - Bay Road #4-4260
Clyde L. Berger - Bay Road #4-4260
Myrtle Inez & Derwood Hyatt - Calvin Lee Road #2-0609
Maude L. Milham - Radio Road #l-5433
Herman & Vilma Hagemann - Oswalt Road #3-0840
Gladys M. Taggart - Oswalt Road #3-0840
Laverne R. & Minnie Katherine Sowders - Oswalt Road #3-0840
Alice W. Lockmiller - Oswalt Road #3-0840
Ernest C. Aulls - Oswalt Road #3-0840
William K. & Grace J. Stosberg - Oswalt Road #3-840
ACCOUNTS ALLOWED/POLLUTION CONTROL
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request for David Rosenau, Environmental Engineer, to attend a Stormwater Training Workshop in Tampa, Florida, May 13 through May 15, 1985, sponsored by the Department of Environmental Regulations, at an anticipated cost of $125.00.
Included in the motion was approval of the request for Paulette Muller, Director of Pollution Control, to attend the Florida Association for Water Quality Control Annual Conference in St. Augustine, Florida, May 20 through May 21, 1985, at an anticipated cost of $250.00.
PUBLIC WORKS/ROADS-COUNTY AND STATE/SIGNS
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request to place "No Parking" signs along Milwaukee Avenue (DR3-3744).
MUNICIPALITITES/ORDINANCES/ZONING
Discussion occurred regarding the request of Mt. Dora to relinquish County zoning of RR on property annexed December 14, 1984, by Ordinance Number 363, in order that it may be rezoned by the City to R-l-A (10,000 sq. ft. lots) through deed restrictions as recommended by Mr. Tony Segreto, City Manager of Mt. Dora. It was the feeling of the Board that the zoning could be relinquished, but the County could not condition restrictions.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved to relinquish County zoning of RR to the City zoning of R-l-A on property annexed December 14, 1984, by Ordinance Number 363.
APPOINTMENTS-RESIGNATIONS/PRIVATE INDUSTRY COUNCIL
Mrs. Robbie Baird, Director of the Private Industry Council, addressed the Board regarding the resignation of Ms. Francesca Knowles from her position on the Lake County Private Industry Council. She informed the Board that Ms. Carol Perez, local supervisor at the Health and Rehabilitative Services Office, has recommended Mr. Robert (Bob) Froeman to fill the position.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously the Board appointed Mr. Robert (Bob) Froeman, Health Rehabilitative Services, to the Lake County Private Industry Council, as recommended by Ms. Carol Perez.
CONTRACTS, LEASES & AGREEMENTS/PRIVATE INDUSTRY COUNCIL
Mrs. Robbie Baird, Director of the Private Industry, addressed the Board to discuss the plans for the 1985/1986 Summer Youth Employment Program.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the Agreement for the 1985/1986 Summer Youth Employment Program and authorized the proper signatures.
COUNTY EMPLOYEES/PERSONNEL
Mr. Glenn Timmons, Director of Personnel, appeared before the Board and presented the results of the polling with the County employees for a credit union.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request to submit an application for membership in the Central Florida Educators Federal Credit Union, as recommended by Mr. Timmons.
COUNTY EMPLOYEES/PRIVATE INDUSTRY COUNCIL
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the merit increases for the Private Industry Council employees as recommended by Mr. Glenn Timmons, Director of Personnel, on his memorandum dated April 24, 1985.
ACCOUNTS ALLOWED/FAIRGROUNDS
Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss the payment of an outstanding utility bill for operation of the fair during April, 1985. He informed the Board that the normal procedure was payment by the Fair Board, but the fair operation did not break even this year. He stated that the County has never paid such a bill in the past, and will not likely be expected to do so in the future.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request for the County to pay the utility bill for the operation of the fair during April, 1985, in the amount of $2,278.08, from the Contingency Fund.
Discussion occurred regarding notifying the Fair Board that this will be the only time in which the County will pay the bill.
Discussion continued regarding resolving the conflict with the Farmer's Market, which is the principal revenue generating source of the Fairgrounds in terms of operation as an Enterprise Fund, and the development of the fee schedule in order to setup an Enterprise Fund.
ASSESSMENTS/BIDS
At 10:00 a.m. the Chairman announced that the advertised
time had arrived for the Public Hearing for Special Assessment #38, Hilltop Subdivision.
Mr. Michael Willett, County Administrator, informed the Board that the low bid was received from Lake Contracting Company in the amount of $17,542.00.
Mr. Charles J. Berry appeared before the Board to discuss Block C being designated as a community park, and if sold, each property owner was to sign a petition approving the sale. At this time he discussed the purchasing of his property.
Mr. Chris Ford, County Attorney, suggested Mr. Berry contact a private attorney to discuss the problems in which he indicated, since the problems had no bearing on the assessment.
Mr. Berry indicated that he had a problem with an assessment being placed on Hunt Avenue, but no objection to his assessment on Moore Street, and requested instructions to pay his assessment.
Mrs. Eleanore K. Jernigan addressed the Board and discussed the likeness of lots and blocks and the payment procedures for the assessment. She stated that she had no objections to the assessment.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the Assessment Roll for Special Assessment #38, Hilltop Subdivision, and awarded the low bid to Lake Contracting Company in the amount of $17,542.00.
COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)MENTAL HEALTH/RESOLUTIONS
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from Jack Hargrove, Lake-Sumter Community Mental Health, for a resolution from the Board of County Commissioners supporting their application for an independent living center through the Section 8 202/8 funding process in the amount of $448,000.00.
CODE VIOLATIONS
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for signatures on the Satisfaction of Release of Fine on the following Code Enforcement cases:
Paul Hollyman #07-84 Thomas Mitchell #156
RESOLUTIONS/ROADS-COUNTY AND STATE
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to record the plat of Lake Saunders Acres, accept an Irrevocable Letter of Credit in the amount of $14,000 for maintenance and accept the following roads into the county maintenance system:
Carroll Court #3-4356
Alane Court #3-4356A
Gladys Lane #3-43568
Betty's Court #3-4356C
BONDS - MOBILE HOME
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request for the renewal of the following mobile home bond:
Daryl English - Jacks Lake Area - District #3
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the cancellation of the following mobile home bonds:
a. Clarence Southall
b. Shirley Sikes
C . Wallace C. Myers
d. Floyd C. Rand
e. Daniel Ceribelli
ACCOUNTS ALLOWED/PLANNING DEPARTMENT
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for Carl Hammons, Senior Planner, to attend a one day Economic Impact Analysis Workshop in Orlando, Florida, on May 15, 1985, at an anticipated cost of $55.00.
LAWS & LEGISLATION/RESOLUfIONS
Mr. Michael C. Willett, County Administrator, addressed the Board to discuss the request for signature on letters to Representative Kelly and Senator Langley endorsing the 911 "service charge" HB 457 as originally sponsored.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved to endorse in concept the "service charge" as introduced by Representative Kelly, and approved to communicate with the legislative delegation, including Representative Brantley, requesting their supprt, and requesting that the concept be expanded to include ongoing service charges for maintenance and operation after the system is installed and the capital expenditures are completed.
ORDINANCES/PUBLIC WORKS
At 10:30 a.m. the Chairman announced that the advertised time had arrived for the public hearing on the proposed Ordinance amending Ordinance 1985-1, Road Impact Fees. It was noted that the proper proof of publication was on hand as it appeared in the April 17, 1985, and April 30, 1985, editions of the Sentinel Star, Lake Little Sentinel.
Mr. Michael C. Willett, County Administrator, presented an explanation of the proposed amendment.
No one present wished to discuss the proposal with the Board.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved and adopted Ordinance 1985-3 as follows:
AN ORDINANCE OF THE LAKE COUNTY BOARD OF COUNTY COMMISSIONERS, AMENDING ORDINANCE 1985-l "ROAD IMPACT FEE ORDINANCE", BY COMBINING ROAD BENEFIT DISTRICT 3 AND ROAD BENEFIT DISTRICT 4; PROVIDING A SAVING CLAUSE: PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. COUNTY ADMINISTRATOR'S AGENDA (CONT'D.) ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to purchase a radio for the Fire Coordinator's vehicle and a programmable scanner at an estimated cost of $l,OOO.OO.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the request to purchase furniture for the Fire Coordinator and Fire Inspector's Offices at an estimated cost of $1,500.00.
BIDS/ASSESSMENTS/ROADS-COUNTY AND STATE
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved to bid Albert Road and Byron Road as a bid addendum to the special assessment project for Sydney Road located in Picciola Island, which was approved to bid on April 2, 1985.
ACCOUNTS ALLOWED/COUNTY ADMINISTRATOR
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to purchase conference room and reception area furniture for the County Administrator's Office at an estimated cost of $1,700.00.
RESOLUTIONS/SIGNS
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request from Sunlake Homeowners Association that the County post signs on Lake Yale prohibiting the use of airboats between the hours of 10 p.m. and 4:30 a.m.
ROADS-COUNTY AND STATE
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to name an unnamed road located off of 44A Nova Lane.
PUBLIC WORKS/SUBDIVISIONS
Mr. Richard Roy, Jiffy Industries, appeared before the Board to discuss a commitment that the Board had made several years ago to build a road into Longwood Acres Subdivision..Commr. Windram discussed the history of the right-of-way involved and the construction that has taken place.
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved to construct the road as recommended by Road and Bridge.
ROADS-COUNTY AND STATE/ZONING
Mr. Kowalchuck, Apopka, appeared before the Board to discuss the paving of Bird Road. He stated that he objects to the paving of the road. He discussed subdividing the 86 acres into one acre lots.
At this time Mr. Kowalchuck was informed that he did not need engineering plans before applying for rezoning, and that Bird Road would have to be paved.
PLANNING/ORDINANCES/CODE VIOLATIONS
Mr. Chris Ford, County Attorney, discussed with the Board an Opinion received from the Appellate Court regarding a Code Enforcement case. He stated that in the Opinion it was stated 'we would recommend compliance with the statutory and ordinance membership requirements of the Board", and "There does not appear any legitiment explanation for non-compliance, and a future challenge of the Board's composition may be sufficient to invalidate orders".
At this time Mr. Ford recommended that the Board grant permission to advertise an amended ordinance so that the County can comply with the Florida Statutes, and grant permission to advertise for two new members for the Code Enforcement Board, being an engineer and a sub-contractor.
Discussion occurred regarding the Board reviewing the language of the Florida Statute prior to the appointments of the members to the Code Enforcement Board. Mr. Ford stated that three circuit judges warn that the County should comply with the Statute, which indicates wherever possible the membership should include an engineer and a sub-contractor.
On a motion by Commr. Smoak, seconded by Commr. Carson and
carried unanimously, the Board approved to advertise for an amended. Code Enforcement Ordinance and for two new members to the Code Enforcement Board.
Discussion occurred regarding the David Moulton Code Enforcement case filed in the Appellate Court, and Mr. Willett reviewing the County ordinance in which Mr. Moulton was following.
BONDS - CONTRACTOR
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the following Contractor Bonds:
NEW
1245-85 George Vining and Sons, Inc.
1534-85 Gregory E. Hepner d/b/a Amtec Electric Co. (Electrical)
1567-85 Phillip W. Stanley (Electrical)
1658-85 Howton Electric (Electrical)
1732-85 Donald G. Hodges (Residential)
4101-85 Paul R. Smithson (Painting)
4257-85 Frank W. Nicholson d/b/a Sun Kool Air Conditioning (Air Cond.)
4258-85 Dozier L. Griffith (Roofing)
4259-85 Bob L. Newman (Building)
4260-85 Lester D. Boeh (Residential)
4261-85 Bruce Wayne Burnett (Electrical)
LICENSES AND PERMITS
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the following gun permits
and bonds:
NEW RENEWALS
Marie Jeannette Eaton William H. Smathers
Fred P. Spithaler Roy C. Ramsey
Barbara Pingston Dana Pincus
Terry K. Horsley J. Philip Owens
Roxy A. McFall Charles C. Strickland
John P. Keller Oswald F. Greenidge
Kenneth D. Grier Barney B. Gorski
Robert Gettleman William J. Sweet
Bruce D. Womack Thomas L. Rogers
Antonio Muraca Elsie J. Sweet
Regina Mancino John R. Hinegardner
Ralph B. Walker Jack Butts
William M. Kollar Agatha H. McKnight
John H. Payne, Jr. Enrique F. R. Daniel
Nancy G. Bennett
ADDITIONS William J. Brodley, Sr.
Mary P. Blount
Larry E. Shyers Hazel S. Ponchot
Leeland Shelton Charles W. Voss
Albert W. Roberts, Jr.
K. William Hayes
Jerome D. Chaput
Thomas 0. Hisle
James E. Bouldin
Albert W. Roberts, Sr.
At this time the Board directed that the letter from Mr. Bruce D. Womack be placed in his personnel file.
ACCOUNTS ALLOWED/INDIGENTS
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the payment of Warrant #48138 through Warrant #48569 for the following accounts:
General Revenue Fine & Forfeiture
County Transportation Trust Revenue Sharing
Mosquito Control Law Library
Aquatic Weed Fish Conservation
Section 8 Law Enforcement Trust Fund
Private Industry Council Landfills
Countywide Library Special Assessments
Included in the motion was approval for the payment of the following indigents:
Mr. D. C. Moton for Billy Martin/$5O/District l/May
Mrs. Ella Bradford for Milton Van Bever/$5O/District l/May
REPORTS
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue, Traffic/Criminal Cases for the week ending April 12, 1985, ($13,338.94).
CHECKS RECEIVED/TAX COLLECTOR
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board accepted check #26322 from T. Keith Hall, Tax Collector, in the amount of $106.21 for unclaimed redemption monies.
ASSESSMENTS
On a motion by Commr. Carson, seconded by Commr. Smoak and
carried unanimously, the Board approved and authorized the proper signatures on the following Satisfaction of Assessment Liens: Astor Forest Campsites
John & Sherry Goodfellow, Joan Goodfellow &
Marie Frisch $923.69
Western Shores Subdivision
Karl A. Vaughn 665.70
Hilltop Subdivision II
Ronald M. & Ruth A. Denniston 894.86
COURTS-JUDGES
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the proper signatures on the following Satisfaction of Judgments:
1. Steve Gregory Pitts, Juvenile, and Theresa L. Pitts,
Parent, in the amount of $150.00, Case #81-405-CJ.
2. David Brian Ask, Juvenile, and David Ask and Joslin
Ask, Parents, in the amount of $100.00, Case #85-72-CJ.
3. Letisha Michelle Walker, Juvenile, and Joann Walker,
Parent, in the amount of $150.00, Case #82-288-CJ.
4. Richard Alfred Sanders, Juvenile, and Royce Sanders,
Parent, in the amount of $150.00, Case #84-538-CJ.
5. Foster B. Stoll in the amount of $250.00, Cases
#84-22488TT and #84-22486TT.
RESOLUTIONS
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved and authorized the proper signatures on a proclamation declaring the week of June 2nd through June 8th, 1985, as National Safe Boating Week.
COMMISSIONERS/RESOLUTIONS/WATER RESOURCES
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved and authorized the proper signatures on a resolution indicating the Board of County
Commissioners support the position of the Pasco and Hernando County Commissioners in petitioning and opposing the relocation of the Southwest Florida Water Management District headquarters from Brooksville to Tampa, and that the Board respectfully request the Legislative Delegation support the position of the local governing board and oppose the relocation.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the following requests for monies, pursuant to Florida Statute 943.25 (8) A, Lake County Ordinance 1982-1:
1. Monies in the amount of $134.50 to reimburse the Lake County Sheriff's Department for expenses incurred in sending Lieutenant J. R. Swails to the Criminal Justice Standards & Training Commission meeting held in Tallahassee, Florida, April 24-26, 1985.
APPRAISALS/COUNTY PROPERTY
Mr. Steve Richey, representing Metro-Steel and Mr. C. W. Sheppard, appeared before the Board to discuss the property owned by the County on Highway 441 and an original proposal for a land swap which involved constructing a fire station in the Sunnyside area of Lake County, but the Bassville Fire Department was not interested in participating in the land swap. He stated that a five acre parcel was put under contract in Umatilla on County Road S-7878 for a new maintenance facility. The County property off Highway 441 was reappraised in June, 1984, for the amount of $97,000. At this time Mr. Richey stated that he was offering a proposal to swap the County land and give the County, based on the reappraisal and inflation factors, a value of $110,000 for the eleven acres, which include the barrow pit, and Metro-Steel would build the structure.
Commr . Smoak stated that he did not concur that the County should trade this property for some need in the County when potentially that need can be met in the County by our own resources as we would normally do. Be further stated that other people should be given the opportunity to bid on the property.
Discussion occurred regarding the rules and procedures used for placing property out for bid versus swapping of property. Mr. Richey discussed the other parcels of property that were available for the development.
On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved for Mr. Richey to place a building with an appraised value not to exceed $125,000 on a piece of land that he will buy and the design must be approved by Mr. Willett, Commr. Deems, and Ben Benedum and others that are responsible in exchange for this piece of property.
Commr. Smoak voted "no".
RECESS & REASSEMBLY
At 11:50 a.m. the Chairman announced that the Board would recess for lunch. The Board reconvened at 2:00 p.m.
CONTRACTS LEASES & AGREEMENTS/BIDS/MUNICIPALITIES
Mr. Michael Stearman, City Manager of Eustis, appeared before the Board and stated that the bids had been received for the bypass in the City of Eustis, and the bids met all of the requirements of the County's Engineering Department. Be stated that the City was still in the process of acquiring the right-of- ay for the bypass.
Discussion occurred regarding a time frame of two years for the City to acquire right-of-way for the bypass alignment and design the road.
Mr. Stearman stated that the low bid was from Trac Roadbuilders in the amount of $443,310.78.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to amend the Interlocal Agreement concerning the acquisition of right-of-way and that the County accept the timetable submitted by Mr. Stearman, representing the City of Eustis, in that there be a two-year time frame where the City agrees to acquire the additional right-of- ay for the bypass alignment.
COUNTY PROPERTY/COMMUNICATIONS
Commr . Windram informed the Board that he had received an inquiry about a ten acre piece of property owned by the County on Griffin Road in Lady Lake, and whether or not it was for sale.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board referred the request to Mike Willett, County Administrator, to make a determination if the property is surplus and report back to the Board with a recommendation.
RECESS & REASSEMBLY
At 2:30 p.m. the Chairman announced that the Board would
recess for fifteen minutes.
ASSESSMENTS/SUBDIVISIONS
Mr. Robert Vason, representing Mr. Marshall Gaard, appeared before the Board to discuss Highland Lakes. At this time Mr. Vason presented a brief history of the property involved. Mr. Vason stated that at the present Mr. Gaard still owns approximately 58 lots in Highland Lakes, and is unable to pave all of the roads in the subdivision because of the new requirements and cannot sell the lots. He further stated that the case was taken to the Board of Zoning Appeals to secure a variance for them to allow Mr. Gaard to sell the remaining lots with the 11,000 square feet as platted, if and only if the roads in the subdivision were paved. He stated that they have now tried to secure the necessary signatures on the petition to qualify for the 55% required for a voluntary lien assessment. Mr. Vason stated that Mr. Gaard has signed a petition and has agreed to bear his approximate cost of $50,000 for paving those roads which are within the subdivision for the lots that he still owns. Mr. Vason discussed the problem now being traveling on a clay road to get to the paved roads. At this time Mr. Vason stated two tentative solutions as follows:
1. Put the access road on a mandatory lien assessment program. (Mr. Gaard has offered to pay $10,000 of the $75,000 to defray the costs of the access road.)
2. If the road is not put under a mandatory lien assessment program, take the new right-of-way and all of the streets in the subdivision that need to be paved and add that footage to the length of the access road.
Mr. Willett informed the Board that there is a debate as to whether or not the County has all of the deeds.
Mr. Vason informed the Board that Mr. Gaard was willing to pay 100% of paving costs for those roads which he owns lots on both sides and 50% of costs if the lot fronts on one side.
Discussion occurred regarding the development of a program that would include the access road with the subdivision roads, with the canmitments made, and allocating the balance of the costs for the access road to everybody that utilizes the road in Highland Lakes and those that use it off of Highland Lakes that you can identify by ownership.
Commr. Smoak made a motion, which was seconded by Commr. Deems for the Board of County Commissioners to instruct Mr. Willett and his staff to investigate the possibility of a mandatory lien assessment program for Highland Lakes Subdivision, including in the lien assessment program the access road to Highway 44, and that the County participate in the normal manner; and that all excess funds derived from the savings by Mr. Gaard and his representative, Mr. Vason, be applied to the costs of the access road and that the front foot assessment on the access road be reduced by that amount, and return with a recanmendation for the Board at their next meeting.
Mr. Willie Smith addressed the Board regarding the safety and well-being of the property owners should the Board approve the recommendation to include the access road.
Rita Marshall addressed the Board and stated that she lives on the access road that she does not use and she does not intend to pay anything. She further discussed trying to obtain a building permit.
Evelyn Schooler addressed the Board to question the time frame in which the program will be developed.
Mr. Richter appeared before the Board and informed them that a lawsuit was in process against the Board of County Commissioners.and the Zoning Board regarding the situation at Highland Lakes Subdivision.
At this time the Chairman called for the question on the motion which the Board approved unanimously.
Molly Goodman appeared before the Board and expressed
appreciation on behalf of the Highland Lakes Subdivision property owners for the Board's time and consideration of their problems.
FIRE DISTRICTS-FIRE DEPARTMENTS/REPORTS/PROPERTY APPRAISER
Mr. Chuck Sowers, Fire Coordinator, appeared before the Board to discuss his progress in meeting with the various fire chiefs and commissioners and discussing the overall fire protection in Lake County and trying to have 100% fire protection in the County. He stated that approximately 95-96% of the County is now covered with verbal contracts either from the cities, the taxing districts or the independent volunteer fire departments.
Mr. Sowers discussed a three (3) acre site belonging to the County in South Lake County and requested the Board's consideration for approval to use the property for a sub-station for the South Lake District.
At this time Mr. Sowers discussed the tax structure money and methods of handling the distribution of funds as follows:
1. The areas that are served by the city will contract with the city for a specified amount of money to give service within that area outside the city.
2. Dealing directly with the taxing districts - serviced area outside of district will contract with the district.
3. Take the money which is generated in each individual area and request the independent fire department to submit a budget for the fiscal year.
Mr. Sowers proposed that the independents will function for budgetary purposes as a County department. He further proposed through the budgetary process, holding back 5% of the entire budget as Capital Improvement.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the use of the parcel of land located on 33 for the use of the South Lake Fire District, as recommended by Mr. Sowers.
Mr. Carl Bishop, Fire Chief of the South Lake Fire District, discussed the area to be covered by the District.
Commr . Smoak commended Mr. Sowers and the fire districts for their outstanding job performance regarding the coordination of fire protection in Lake County.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board accepted the report with the alternatives listed by Mr. Sowers on the disbursement of funds, and that we concur in principle, as we have previously stated, that the funds basically go back in the direction in which they came from, those areas which are being serviced, and that we allow them flexibility of presenting a specific proposal for adoption by the Board and give them ample time to develop it, until such time they have the numbers from the Property Appraiser's Office.
Mr. Willett informed the Board that the County is on schedule with the Property Appraiser's Office.
Mr. Sowers informed the Board that the County is in the process of setting up a fire inspection program. At this time Mr. Sowers brought to the attention of the Board the standard fire code as adopted by the Board and the ability to look at new
construction for the availability of water supply, and presented the Board with a proposed Fire Flow Ordinance for consideration. He stated his concerns being the placement of fire hydrants in subdivisions and central water systems.
Mr. Willett stated that Mr. Sowers has the authority under the Fire Code to set standards and to implement them, and concurred that he go ahead and use the proposed standards until such time the Board can review the proposed Ordinance.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:45 p.m.
GLENN C. BURHANS, CHAIRMAN
JAMES C. CARSON, CLERK
TMA/5-15-85