BCC MEETING MINUTES

A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

AUGUST 4, 1987

The Lake County Board of County Commissioners met in regular session on Tuesday, August 4, 1987 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: Thomas J. Windram, Chairman; Glenn C. Burhans; Claude E. Smoak, Jr.; James R. Carson, Jr.; 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 Assistant; and Linda Springston, Deputy Clerk.

James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Carson.

MINUTES

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the Minutes of July 21, 1987, as amended.

MINUTES

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the Special Minutes of July 22, 1987, as amended.

BONDS - CONTRACTOR

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

New

4502-87 John Matthes, Jr. dba A & M Electric (Electrical)

4503-87 Timothy G. Earnest dba Apopka Aluminum Products, Inc.

(Class C Residential Building)

4504-87 Darrell Clay dba Sauer Septic Systems (Septic System

Contractor)

4505-87 Mickey L. Waldrop (Plumbing)

4506-87 Thomas Allan Cammack (Electrical)

LICENSES AND PERMITS

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

New Renewals

Adelbert S. Evans Barney B. Gorski

Jennifer D. McMurtray Arthur H. Bourlay, III

Alene W. Robbins Theresa A. Belton

David L. Kendig, Jr. Frederick C. Belton

Thomas S. Price Charles T. Parker

Jack R. Bryan Gail A. Grimes

John Hetherington William T. Conklin

Joseph Rufo, Jr. Ossie Reid

Godfrey H. Gibbs Agatha H. McKnight

George E. Hodge

Patricia D. Wiley Addition

Donald L. Wiley, Sr.

Sharon L. Kilgore G. Harold Svenson

Pharoah Silcox, Jr.

Timothy L. Spangler

Mary E. Spangler

Edmond E. Edington

ACCOUNTS ALLOWED

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the payment of Warrant #70568 through Warrant #71052 for the following accounts:

Landfills Fine & Forfeiture

County Transportation Trust Northwest Fire District

South Lake Fire District Pasco Fire District

General Revenue Private Industry Council

Countywide Library Aquatic Weed

Section 8 Bassville Fire District

Mosquito Control Mt. Plymouth Fire District

Paisley Fire District Revenue Sharing

Countywide Fire District Road Impact

Eustis Section 8

PRIVATE INDUSTRY COUNCIL/REPORTS

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the Revenue Traffic/Criminal Cases, for the week ending July 17, 1987, in the amount of $18,319.95.

Included in the motion the Board acknowledged receipt of the Cumulative Participant Activity Reports for Lake County, from July 1, 1986, to June 30, 1987, from the Private Industry Council.

ACCOUNTS ALLOWED/COUNTY PROPERTY

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved and authorized the proper signature on a letter received from Don Perrody and Inventory, for the following items, in the amount of $808.93, to be deleted from Lake County's Fixed Assets, for the reasons noted, for the month of July, 1987:

Prop# Dept. Item Amount Reason

3473 Surplus Sound Projector $457.00 To be junked

4539 Surplus PFCD Reader 227.75 To be junked

6895 Surplus Sec. Chair 124.18 To be junked

TOTAL $808.93

ACCOUNTS ALLOWED/COURTS-JUDGES

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved and authorized the proper signatures on the following Satisfaction of Judgments:

Satisfaction of Judgment, State of Florida vs. Richard L. Finnegan, Case No. 86-698-CF, in the amount of $250.00.

Satisfaction of Judgment against Joseph Robert Mangino, Juvenile, and Kathlyn Inscho, Parent, Case No. 87-531-CJ, in the amount of $50.00.

Satisfaction of Judgment against Justin James Funderburk, Juvenile, and Abel Lee Funderburk, Jr. and Elizabeth Funderburk, Parents, Case No. 87-627-CJ, in the amount of $50.00.

Satisfaction of Judgment against Franklin E. Anderson and Cindy Anderson, Case No. 87-455-CJ, in the amount of $50.00.

BIDS/PURCHASING

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for permission to rebid the following bids:

Automotive Parts Lime Rock

Office Supplies Asphaltic Concrete

Culvert Pipe Batteries

Two-Way Radio Communications Maint. Telephone Service

Pest Control Service Fire Extinguisher

Traffic Paint Uniforms

Included in the motion was approval of the request to extend the following bids for one year, ending September 30, 1988, at the same price as last year:

Diesel E. L. Williams

Typewriter Repair Business Machines

COMMITTEES/COUNTY EMPLOYEES

James C. Watkins, Clerk, brought to the attention of the Board, that the Clerk of the Court, in conformance with the contract for the management of the Historical Museum, has hired Mr. Bill Horan, as the Museum Coordinator, subject to the approval of the Museum Board, with the funding being obtained from the Clerk of Court.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/EDUCATION

Commr. Burhans brought to the attention of the Board, that Ms. Melanie Young, Director, MIS/Comprehensive Planning, Lake County School Board, has agreed to serve on the Lake County Historical Museum Board.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously the Board approved the appointment of Ms. Melanie Young, to serve on the Lake County Historical Museum Board.

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Yalaha Fire Department, to purchase one Johnson Mobile Radio, at a cost of $537.00.

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request from the Okahumpka Fire Department, to purchase a 20-foot extension ladder, at a cost of $299.00.

ACCOUNTS ALLOWED/VETERANS SERVICE

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request from the Veterans Service Office, for Jeanne Faeber to attend the DAV Department of Florida Service Commission School, in Tampa, on September 13-17, 1987, at an approximate cost of $300.00.

ACCOUNTS ALLOWED/MOSQUITO-AQUATIC WEED CONTROL

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request from Mosquito Control/Aquatic Plant Management, to purchase one London Aire Aerosol Generator, from London Fog, Inc., Minneapolis, Minnesota, at an estimated cost of $4,750.00.

CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES/

PLANNING DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved and authorized the proper signatures on the Interlocal Planning Agreement, with the Town of Lady Lake.

ACCOUNTS ALLOWED/ROADS-COUNTY & STATE/SUBDIVISIONS

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request for the final plat approval of Grand Ridge Estates: acceptance of a Certificate of Deposit, in the amount of $3,300.00, for maintenance: and the acceptance of the following road into the County maintenance system: Grand Ridge Drive (#5-8067).

ROADS-COUNTY & STATE/SUBDIVISIONS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request for the final plat approval of Lake Kirkland Shores; and the acceptance of an extension of Lake Kirkland Drive (#3-0530), into the County maintenance system.

ORDINANCES/PLANNING DEPARTMENT

Mr. Rudy Marchese, Director of Planning, appeared before the Board to discuss the request to advertise an ordinance to identify the citizen participation process in the development, review and adoption of Comprehensive Plans. He stated that the County is not required to pass the ordinance, but recommends that the County pass the ordinance, to assure that the County has a procedure established for citizen participation of the Comprehensive Plans.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request to advertise an ordinance to identify the citizen participation process in the development, review and adoption of Comprehensive Plans.

BONDS - MOBILE HOME

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the requests for William Durham, Lake Ella Area, District #5; and John T. Williams, Rollingwood Subdivision Area, District #5, 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 home will be removed upon the completion of the conventional dwelling units or upon the request of the Board of County Commissioners.

BONDS - MOBILE HOME

Commr. Windram brought to the attention of the Board, that he had before him, a petition with 13 names, from Richard and Connie Wagner, residents in Lake Murphy Estates, in opposition to the request by Patrick G. Connett, Lake Murphy Estates Area, District #5, request for a mobile home bond.

Mr. Ed Clements, Attorney, Potter and Vason, Mount Dora, representing the petitioner, appeared before the Board to discuss the request with the Board. He stated that his client was willing to work out an agreement with the surrounding property owners, to ensure that the mobile home would be removed within a certain timeframe.

Mrs. Connie Wagner, an adjoining property owner, appeared before the Board to state the property owners'oppositions to the request. She stated that, under no circumstances, did the surrounding property owners want a mobile home brought into the subdivision.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board denied the request for a mobile home bond, by Patrick G. Connett, Lake Murphy Estates Area, District #5.

COMMUNICATIONS/CONTRACTS, LEASES & AGREEMENTS

Mr. Richard H. Langley, President, Lake Cablevision, Inc., appeared before the Board to briefly discuss their request for a cablevision franchise, in the name of Lake Cablevision, Inc., to serve the southeast and northeast areas of south Lake County.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request for a cablevision franchise, in the name of Lake Cablevision, Inc.

ORDINANCES/CODE ENFORCEMENT/POLLUTION CONTROL

Mr. Don Findell, Director, Pollution Control, appeared before the Board to discuss the request to advertise a proposed ordinance, allowing Pollution Control cases to be referred to the Code Enforcement Board, for enforcement. This ordinance would allow the Pollution Control Board to refrain from going to Court with individuals who do not comply with Pollution Control regulations.

Considerable discussion occurred regarding the request. This ordinance would limit the number of cases going before the Pollution Control Board.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to advertise a proposed ordinance, allowing Pollution Control cases to be referred to the Code Enforcement Board, for enforcement.

LANDFILLS/LAWS & LEGISLATION

The Chairman announced that the advertised time had arrived for the public hearing on the Solid Waste Disposal Fee Increase.

The County Administrator stated that the County Attorneys have advised the County that the landfills must collect the 5 percent tax on services. He recommends that they keep the total fee as it is, but reduce it to the level where it would stay the same, after adding the 5 percent tax for individuals, and increase the fee from $2.30 per cubic yard, to $2.70 per cubic yard, for haulers, plus tax.

Mr. Roland Lewis, Solid Waste Disposal Operations Director, appeared before the Board to discuss the proposal for the Solid Waste Disposal Fee Increase. It was noted that cars and station-wagons presently are charged $2.30, per load, and pickup trucks are charged $3.45, per load. Mr. Lewis informed the Board as to what some of the surrounding counties charge for utilizing the landfills.

Considerable discussion occurred regarding the fees, and the concept of illegal dumping, should the fees be increased. It was noted that the landfills could charge a separate fee for "household refuse" and "organic matter".

The Board directed Mr. Lewis to perform a survey, as to the number of pickups and cars using the landfills, and as to what form, such as compacted or loose, they are bringing the trash in.

Mrs. Rose Williams, resident of Deland, suggested to the Board that they have a mandatory trash pickup, by commercial haulers. The Board did not feel that they would like to require a mandatory pickup, at the present time. She also questioned the Board, as to whether the commercial haulers should charge their customers the 5 percent sales tax on services.

The County Administrator stated that the commercial haulers should question their attorneys regarding the 5 percent sales tax on services.

CONTRACTS LEASES & AGREEMENTS/POLLUTION CONTROL

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved and authorized the proper signatures on the request for the execution of the Tri-Party Agreement, with Orange County and the City of Orlando, allowing implementation of the Conserv II Project.

Commr. Burhans voted "No".

ACCOUNTS ALLOWED/BIDS/POLLUTION CONTROL

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request to purchase a 1987 Chevrolet S-10 4x4 Blazer, from Van Gannaway Chevrolet, Inc., at a cost of $13,453.86.

It was noted that this was the low quotation.

Mrs. Kathy McDonald, County Administrator's Assistant, questioned the County Attorney, as to whether the County should declare an emergency situation for quotations, in lieu of bids; the County policy is to obtain bids for purchases over $6,000.00, although the Pollution Control Department had requested permission to obtain quotes at a prior Board meeting. The County Attorney stated that, as long as the Pollution Control Department had obtained numerous quotes, that it was legal, without declaring an emergency situation, unless the Board wishes to do so.

Mr. James C. Watkins, Clerk, stated that, as long as the Board is aware that the accepted quote is lower than the State bid, there is no problem with accepting the low quote.

ACCOUNTS ALLOWED/PUBLIC WORKS

On a notion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request for partial payment, to Joyce Environmental Consultants, Inc., for Project No. 13-87, Countywide Secondary Mowing Project, in Maintenance District #3, in the amount of $10,224.02.

ACCOUNTS ALLOWED/ROAD PROJECTS/PUBLIC WORKS

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request for payments, to Trac Roadbuilders, as follows:

Partial Project 15-87 Lake Louisa Road $39,870.00

Final Project 9-87 Cherry Lake Road $36,524.52

Final Project 16-87 O'Brien Road $52,232.00

Final Project 17-87 Howard Road $31,499.99

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for W. C. Benedum, to attend a conference on Local Transportation, sponsored by the American Road and Transportation Builders Association, in Cincinnati, Ohio, August 30 through September 2, 1987, at an estimated cost of $765.00.

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request for Kevin Hanley to attend the Land Surveyor's Examination Preparation Course (Part III), at Palm Beach Junior College, August 6-8, 1987, at a cost of $245.00.

GRANTS/ROAD PROJECTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request to advertise the Community Development Block Grant Paving Project, on the Pruitt Street extension, in the Montclair area.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/

GRANTS/MUNICIPALITIES/PUBLIC WORKS

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request to hire the consultant firm of Farner and Garley, to prepare drainage calculations, required as part of the St. John's Permit, for the Community Development Block Grant, in Southeast Umatilla, at a cost not to exceed $3,000.00.

PUBLIC WORKS/ROADS-COUNTY & STATE/SIGNS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the request to post a 25 m.p.h. speed limit on #2-3611, Howard Road.

DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request to accept the following deeds:

Right-of-Way Deeds

George Parris Pruitt Street Extension

Ruby Johnson Pruitt Street Extension

Gail Bryant Pruitt Street Extension

Claretha Richardson Pruitt Street Extension

Fannie Coleman Pruitt Street Extension

James Parris Pruitt Street Extension

Jacqueline Byrd Pruitt Street Extension

Alvin Parris Pruitt Street Extension

Donald Parris Pruitt Street Extension

Gilbert Parris Pruitt Street Extension

Ronald Parris Pruitt Street Extension

William Parris, Jr. Pruitt Street Extension

Sylvester Parris Pruitt Street Extension

Robert Parris Pruitt Street Extension

Thomas Parris Pruitt Street Extension

Sherel Parris Pruitt Street Extension

Violet Hart Pruitt Street Extension

Kenneth/Mary Baker #3-2441 Howey Cross Road

C. Howard/Mary Olson #2-1124 Redwing Road

John R./Jennifer Hamman #5-8074 Baker Road

James H. Dobson #5-9685 Lightfoot Road

Glenn/Florence Parker Off Gray's Airport Road

Drainage Easement Deed

Bobby Ware Groveland Farms

Non-Exclusive Easement Deeds

Gerald/Goldie Eulett Off #3-1846 Grassy Lake Road

Rolf Bergmann #4-5983/C439 Lake Seneca Road

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Burhans, seconded by Commr. Carson and carried, the Board approved the request for monies, in the amount of $10,251.00, to be transferred from the Lake County Sheriff's Office Law Enforcement Trust Fund, to the account of Other Equipment (521-644), for the purchase of one Laserprint 1000 Portable Argon Laser; two pairs of Lasergard argon goggles; and one orange filter.