A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FEBRUARY 4, 1986

The Lake County Board of County Commissioners met in regular session on Tuesday, February 4, 1986, at 9:00 a.m. in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: James R. Carson, Jr., Chairman; Glenn C. Burhans; Claude E. Smoak, Jr.; Thomas J. Windram; and C. A. "Lex" Deems. Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk; Michael C. Willett, County Administrator: Katherine A. McDonald, County Administrator's Office; Robert Wilson, Finance Director; and Toni Austin, Secretary.

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

MINUTES

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the Minutes of January 21, 1986, as corrected.

ELECTIONS/PURCHASING DEPARTMENT/ACCOUNTS ALLOWED

Mrs. Emogene Stegall, Supervisor of Elections, appeared before the Board to discuss the IBM System 6 1252 model computer in her office. She stated that it was purchased in February, 1984, and that the company will no longer maintain the equipment after Decemeber, 1986. She further stated that the company suggested a selling price of $l,OOO.OO-$1,500.00.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request for Mrs. Stegall to dispose of the equipment at the best price, as determined by Mrs. Stegall and the Purchasing Department.

CONTRACTS, LEASES & AGREEMENTS/MINUTES

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board amended the Minutes of January 14, 1986, to eliminate the changes made to the Addendum of the NRG/Recovery Group, Inc. Contract, as listed on Page 8, with a copy of the final contract to be attached as a part of the actual minutes.

COUNTY BUILDINGS & GROUNDS/BUILDING COMMITTEE/MINUTES

Discussion occurred regarding the Minutes of January 14, 1986, regarding the proposal submitted by the Historical Society and the use of the entire old Chamber Building.

Commr . Burhans made a motion to approve the request of the Historical Society for use of the entire old Chamber Building. The motion died for a lack of a second.

Discussion continued regarding the old Chamber Building, and it was noted that the second floor was being used for the storage of Mental Health medical records.

At this time the Board directed the request from the Historical Society to the Building Committee for review.

COUNTY ADMINISTRATOR'S AGENDA

BONDS - MOBILE HOME

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the request from Donald Raker , Haines Creek Area, District #5, to live on the same piece of property on which his conventional dwelling unit is beiny 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.

SUBDIVISIONS

On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board approved the request for Preliminary Plat approval of the following subdivisions:

a. Three Oaks Subdivision

b . Trails of Montverde

C . Lake Monte Vista Estates

d . Hacienda Hills

Commr. Smoak declared a conflict of interest, due to having a personal interest in Trails of Montverde, and abstained from voting.

SUBDIVISIONS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request for Preliminary Plat approval of the Planned Unit Development for Bramalea, Phase I,.Village 2.

SUBDIVISIONS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request for Final Plat approval of the following subdivisions:

a . Mary's Villa Acres

b . Pine Harbour, 1st Addition

CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES/ORDINANCES/

COMMITTEES

Discussion occurred regarding the City of Fruitland Park's withdrawal from the Interlocal Agreement on County impact fees.

Mr. Michael C. Willett, County Administrator, recommended a short term contract with the County's consultants to review the status of the impact fee relating to the cities and the County, so that another presentation can be made to the cities and the Board.

No action was taken at this time.

DEEDS/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request to accept the Warranty Deed for Yalaha Fire Department property from Betty Maxine and Herbert Barnes.

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

The request to purchase for the Yalaha Fire Department one (1) Darley System #1 Compressor ($4,000.00) and one (1) Darley 1500 Watt or larger equivalent Generator ($l,lOO.OO) was postponed, as requested by Mr. Chuck Sowers, Fire Coordinator.

APPOINTMENTS-RESIGNATIONS/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the following appointments to the Pasco Fire District Advisory Board effective January 16, 1986:

Ted Schaffer expires l/15/90

George Masterton expires l/15/90

Paul Phillips expires l/15/90

Dave Webb expires l/15/88

Included in the motion was Board direction to send a letter of appreciation to Mr. Steve Race.

ACCOUNTS ALLOWED/WELFARE DEPARTMENT

On a motion by Commr. Burhans, seconded by Commr. Windram and carried, the Board approved the request for Division Department heads to attend a course on development of organizational policies and procedures to be presented by Lake-

Sumter Community College at a cost of $225.00.

Commr. Deems was not present for the vote.

ACCOUNTS ALLOWED/MOSQUITO CONTROL

On a motion by Commr. Windram, seconded by Commr. Smoak and carried, the Board approved the request for Eric Cotsenmoyer, Assistant Director of Mosquito Control, to travel to the Entomology Laboratory at Vero Beach, Florida, to take a HRS Mosquito Control and Identification Course on February 18, 1986, at an estimated cost of $75.00.

Commr . Deems was not present for the vote.

ACCOUNTS ALLOWED/POLLUTION CONTROL

On a motion by Commr. Windram, seconded by Commr. Burhans and carried, the Board approved the request for Roy Greene to attend "The Backflow Prevention Technician Training Institute' at the University of Florida, in Gainesville, on April 14-18, 1986, at an estimated cost of $445.00.

Commr. Deems was not present for the vote.

APPOINTMENTS-RESIGNATIONS/PRIVATE INDUSTRY COUNCIL

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried, the Board approved the request to appoint Joseph Holmes to fill the vacant position on the Volusia, Lake, Flagler-Private Industry Council (VLF-PIC).

Commr. Deems and Commr. Windram were not present for the vote.

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request to obtain uniform service for Shop employees from Mid-State Uniform Service at $6.00 per week per employee for six employees and $6.75 per week for one supervisor.

ACCOUNTS ALLOWED/ROAD PROJECTS.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request for partial payment to Lake Contracting Company for Project No. 2-86 Lake Drive and Oklahoma Street (Minneola area) in the amount of $35,312.77.

ACCOUNTS ALLOWED/LANDFILLS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request to purchase equipment for the Landfill sampling program required by DER regulations at an estimated cost of $1,075.00.

ROADS-COUNTY AND STATE/SUBDIVISIONS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request to name a road located in Dundee, a subdivision of Lake County (Section 28, Township 18, Range 24), "Ridgecrest Lane".

DEEDS/ROAD-COUNTY AND STATE

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

#2507 Release all reservations Mt. Plymouth

#1768 Release all reservations East of Umatilla

Commr. Smoak was not present for the vote.

DEEDS/RIGHT-OF-WAYS, ROADS, EASEMENTS

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board accepted the following deeds: Right-of-Way Deeds

Daniel E./Lesley A. Rife #3-0847 Lake Louisa Road

Conley H./Barbara B. Kidd #l-6313 Lake Unity Nursery Rd.

Charles A./Althea J. Fassen #l-6313 Lake Unity Nursery Rd.

Robert A./Pamela J. Pike #2-2005 Tuscanooga Road

William B. Treloar, Jr.;

Hugh S. Budd Treloar;

Patricia A. Treloar Jackson;

heirs of Hilda A. Budd,

deceased C-565

Royal Palm Beach Colony Seagrape Avenue Extension

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

carried unanimously, the Board accepted the following deed:

Drainaqe Easement Deed

Royal Palm Beach Colony Canal/Seagrape Avenue

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board accepted the following deed:

Non-Exclusive Easement Deed

Wilson Frederick Sanders III. #2-4202 Off Whitney Road

BONDS - CONTRACTOR

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

New

48-86 Hanks Electric Company, Inc. (Electrical)

867-86 M. Eugene Evans d/b/a Dixie Septic Tank Co.

(Septic Tank Cont.)

1775-86 Richard H. Sines (Building)

2027-86 Central Florida Heating & Air Cond. (Heating & Air

Cond.)

3085-86 George R. Clark, Jr. d/b/a G & K Electric, Inc.

(Electrical)

4119-86 TNT Aluminum Inc

4247-86 E. K. Regal d/b/a Alpha Manufacturing, Inc.

(Mechanical)

4308-86 Ken Bounds (Electrical)

4326-86 Precious Homes of Central Florida, Inc. (Building)

4327-86 Thomas Moffatt (General, Heating, Air, Plumbing

and Electrical)

4328-86 Charles W. McMillan d/b/a WES-MAC, Inc.

(Electrical)

4329-86 Phillip Yaden

Renewal

4039-86 Robert E. Spolarich (Master Plumber)

Cancellations

4100-86 Joseph R. Davidson

1680-86 Richard Vought

1704-86 Elmer L. Johnson d/b/a Tropic Painter

LICENSES AND PERMITS

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

New Renewals

Delbert Parker, Jr. Andrew Filonchik

Cynthia Robin Locke Dale H. Breedlove

David I. Cosson Francis Welch

Billy Gene Shrout

William D. Shumaker

George W. Brown, Sr.

Ruth S. Brown

Ronald A. Korte

Charles S. Grosche

Alfonso V. Molina

CONTRACTS, LEASES & AGREEMENTS.

Commr . Burhans made a motion to approve the Addendum to the Lease Agreement between Emery Dillard, Jr. and Margaret Ann Dillard and the Lake County Board of County Commissioners for the office space for County Probation.

It was the feeling of the Board that any type of requests regarding additional office space be directed to the Building Committee for review.

Commr. Burhans withdrew his motion and the request was directed to the Building Committee for recommendations.

ASSESSMENTS

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved and authorized the proper signatures on the following Satisfaction of Assessment Liens:

Melvin E. Struckman, Bar-Bell Mobile Home Village, $216.32

Ted A. King, Fla. Fruit Park Tropical Homesites, $2,240.00

REPORTS/FIRE DISTRICTS-FIRE DEPARTMENTS/PUBLIC HEALTH

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board acknowledged receipt of the following:

1 . Distribution of Revenue, Traffic/Criminal Cases for the

following weeks:

January 17, 1986 ($12,510.13)

January 24, 1986 ($12,124.86)

2. Financial Statements for the following:

Pasco Fire Control District - September 30, 1985

Paisley Fire District - September 30, 1985

South Lake Fire District - September 30, 1985

3. Monthly Packet from Lake Community Action Agency, Inc.

ACCOUNTS ALLOWED/INDIGENTS

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the payment of Warrant #54115 through Warrant #54529 for the following accounts:

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

Judy Ringle for Dwight Forrester/District l/$50

Marion Folks for Mina Baker/District 2/$50

CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES/PUBLIC WORKS

Commr. Smoak informed the Board that the City of Minneola is in the process of reviewing a street paving project within their City.

Commr. Smoak stated that he had talked with Mr. Ben Benedum, Director of Public Works, who informed him that a city could buy onto a County contract for paving, and requested that Mr. Benedum be authorized to contact the City of Minneola to set up such a program.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized the County Engineer to assist the City of Minneola, at their request, to set up a road program within the City for repaving, with consideration being given to the County's abilities, time constraints and limitations.

MUNICIPALITIES/PUBLIC WORKS

Commr. Smoak informed the Board of a letter received from the City of Groveland and Mascotte requesting assistance from the County for some clay and sand to build a recreational park, which will include a baseball field.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved for the County to assist the City of Groveland and Mascotte with clay and sand for their recreational park.

CONTRACTS, LEASES & AGREEMENTS/OUTDOOR RECREATONAL FACILITIES

Commr . Smoak discussed Olympia Sports World and its plans for South Lake County, which includes a contractual agreement for a park, which will be a school facility for training in sports. He stated that he understood that they would offer to the people of Lake County an annual fee basis for the utilization of any facility within the park.

ORDINANCES/ZONING

Commr . Smoak discussed the growth in Lake County with the influx of people arriving from Orange County, due to the tremendous impact fees in Orange County relating to construction of roads,.sewer and water hookup fees. He stated that there is a favorable tax rate in Lake County and favorable zoning.

Commr. Smoak discussed a zoning case regarding a mobile veterinarian clinic and a problem with the setbacks.

Commr. Smoak suggested soliciting from the staff, including Code Enforcement and the Building Inspectors, problem areas within the ordinances that need to be reviewed regarding permitting, setbacks, etc. for the Board's review.

RESOLUTIONS/OUTDOOR RECREATIONAL FACILI'IIES

Mr. John Smith, representing the Central Florida Zoological Society, appeared before the Board to discuss the relocation of the Zoo and to request a resolution to have a general bill enacted in Tallahassee to allow them to place a referendum on the ballot in September, 1986, to create a special taxing district for the County area.

Mr. Smith stated two major problems with the current location and the accreditation situation as follows: (1) without accreditation, the Zoo will lose its interchange capabilities with other accredited zoos throughout the country, and (2) the Zoo would lose touch with the various Federal agencies, in terms of confiscated animals.

Mr. Smith stated that the Zoo has decided to accept the offer of moving to Turkey Lake if, in fact, the Zoo can raise the funds to do so. He stated that the concept is to create a regional zoo, with the greatest emphasis placed on education of children.

Mr. Smith stated that the Zoo was seeking a commitment that a referendum can be placed on the primary ballots in September, to let the people decide if they would like a world class zoo in the Turkey Lake area, and if they would support it with a quarter mill tax base.

Commr. Smoak stated that the referendum would represent only 60% of the people eligible to vote, who would be paying 100% of the taxes. He stated that he supported the conceptual idea, but would not support the specific millage on a multi-county basis. The Board directed Mr. Smith to inform Lake County's delegation

that the Board is not amenable to requesting them to include Lake County in a state-wide bill where a referendum would be held for the purposes presented today.

ORDINANCES/PLANNING/ROAD PROJECTS

Mr. Dan Kotulla, Director of Planning, appeared before the Board to discuss the Five Year Road Capital Improvement Program. He stated that when the Road Impact Fee Ordinance was adopted, the six Road Benefit Districts were established, and the three Transportation Planning Areas.

At this time Mr. Kotulla discussed the first six priority road projects in each Transportation Planning Area, as presented in memorandum form to the Board.

Mr. Jim Stivender, Assistant County Engineer, was present to discuss several of the projects, such as the intersection of St. Abrams Road and Highway 441.

Mr. Kotulla stated that the projects were based on estimates received from the cities.

Mr. Stivender stated that only the first six priority projects in each Transportation Planning Area were discussed with the cities. At this time he discussed right-of-way deeds received from Eagles Nest Road.

Mr. Kotulla stated that he would bring back to the Board additional information at a later date regarding the Five Year Road Capital Improvement Program after consulting with the Transportation Committee members.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request from the Sheriff's Department for a new Key System Telephone Service to be installed within the room that houses the Civil Unit and Central Records in the amount of $1,349.00, to be transferred from the Sheriff's Office Contingency Fund to Other Equipment.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the request from the Sheriff's Department for the purchase of (1) MPH K15 Radar Unit- Serial #K1434 and (1) Tuning Fork-Serial #18002, in the amount of $200.00, from the appropriate fund.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

Discussion occurred regarding a request from the Sheriff's Department for an amended budget increase for the projected cost of hiring four additional Corrections Officers commencing February 15, 1986, through September 30, 1986, in the amount of $50,600.00, which relates to the newly constructed recreational facility located between the Jail and the Courthouses.

At this time the Board referred the request to Mr. Chris Ford, County Attorney, for review.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request from the Sheriff's Department, pursuant to Florida Statute 943.25 (8) A, Lake County Ordinance 1982-1, in the amount of $389.15, to reimburse the Lake County Sheriff's Department for expenses incurred in sending employees to Lake Sumter Community College, the Florida Sheriff's Association in Tallahassee, Withalacoochee Vocational and Adult Education Center in Inverness, and the Lake County Area Vo-Tech Center in Eustis, for additional training and workshops, provided the funds are available from the appropriate accounts.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request from the Sheriff's Department, pursuant to Florida Statute 943.25 (8) A, Lake County Ordinance 1982-1, in the amount of $487.50, to reimburse the Lake County Sheriff's Department for expenses incurred in sending Correctional Officers to Lake County Vo-Tech Center for Trimester II - Basic Correction #2, Correctional School, beginning January 13, 1986.

COMMISSIONERS/BUDGETS

Commr . Carson informed the Board of a request from the National Association of Counties (NACO) to participate in the saving of the General Revenue Sharing Fund, in the amount of $683.00, which is based on population.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved not to participate in the request from NACO, to save the General Revenue Sharing Fund.

PROPERTY APPRAISER

Commr. Burhans discussed with the Hoard a request from Mr. William Gurley to have the Property Appraisal Adjustment Board consider his application to have his property assessment reviewed. The application was not received in a timely manner for the Hoard's review. Commr. Burhans stated that Mr. Ed Havill, Property Appraiser has reviewed the application and informed him that the assessment was in line with other assessments. Commr. Burhans, as Chairman of the PAAB, and Mr. Havill felt that the PAAB should not hear the petition.

Mr. Chris Ford, County Attorney, stated that he would review the problem, but stated that he would recommend denying the request because of the statutory time. Mr. Pord stated that he would review the request and contact the petitioner by phone.

Commr. Windram discussed another similar situation with Ms. Diane Seelie, owner of the Central Florida Academy. He stated that she wanted the PAAB to reconsider her petition, because of the fire structure tax.

The Board felt that no action needed to be taken on Mrs. Seelie's request.

PLANNING

Mr. Dan Kotulla appeared before the Hoard to discuss the Local Government Comprehensive Planning and Land Development Regulation Act (Growth Management Act). At this time he reviewed his Memorandum dated January 30, 1986, stating that the counties are required to revise their Comprehensive Plans to comply with requirements of the Growth Management Act, and "Criteria" adopted by the Department of Community Affairs.

Mr. Kotulla stated that he would come back before the Board in approximately one month to discuss definite criteria.

Mr. David Clapsaddle, Planning Department, appeared before the Board to discuss some of the problem areas of zoning. He stated that some areas were inconsistent with the Comprehensive Act.

At this time Mr. Clapsaddle discussed the Clermont area near Crescent Lake.

Mr. Chris Ford, County Attorney, stated that the County may like to devise a more flexible Comprehensive Plan for Lake County. He recommended that the Board have work sessions with the Planning staff to review the rules, regulations and maps and develop some type of long-range planning.

ZONING

Discussion continued regarding a request from Mr. C. B. Wood for a building permit on approximately 260 acres. Mr. Clapsaddle stated that Mr. Wood will have to give the County a legal description and a survey and apply for an agricultural waiver, to comply with the subdivision regulations.

Discussion occurred regarding the mobile veterinarian clinic and a 200 foot setback within the Conditional Use Permit. Mr. Ford stated that the petitioner would have to get a variance or come back before the Board for an amended CUP.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:30 p.m.

JAMES R. CARSON. JR., CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMA/2-6-86