A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

NOVEMBER 3, 1987

The Lake County Board of County Commissioners met in regular session on Tuesday, November 3, 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.; and James R. Carson, Jr. Others present were: Christopher C. Ford, County Attorney; Michael C. Willett, County Administrator; Katherine A. McDonald, County Administrator's Assistant; and Linda Springston, Deputy Clerk.

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

COMMISSIONERS

At 9:00 a.m. Commr. Burhans, Vice-chairman, called the meeting to order, due to Commr. Windram, Chairman, being detained.

MINUTES

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the Special Minutes of October 16, 1987, as presented.

Commr. Windram was not present for the vote.

MINUTES

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the Minutes of October 20, 1987, as corrected.

Commr. Windram was not present for the vote.

COUNTY ADMINISTRATOR/PURCHASING

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the request from William A. LeHeup, Purchasing Director, to update the County's purchasing policies and procedures to reflect action taken October 6, 1987, for equipment purchases under $500.00, to be approved by the County Administrator and without requiring Board approval.

Commr. Windram was not present for the vote.

BONDS - CONTRACTOR

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

New

0040-88 Jay F. Werner dba East Lake Services, Inc. (Building)

0164-88 James B. Johnson dba Johnson Electric (Electrical)

0430-88 James B. Montgomery (Carpentry)

1146-87 Ronald Atley (Air Conditioning)

1294-88 Vernon D. Love dba Bud's Plumbing (Plumbing)

1518-88 A. T. Hawkins (Plumbing Contractor)

1648-88 Ronald Giles dba Giles Contracting (Electrical)

1805-88 Robert J. Campion dba Robert's Electric (Electrical)

3024-88 Thomas Rychlock dba Rychlock Electric (Electrical)

4117-88 Donald W. Heard dba Heard Electric (Electrical)

4147-88 Harold L. Cutherbertson dba Tri-City Plumbing, Inc.

(Plumbing)

4188-88 Ralph S. Eisnaugle (Electrical)

4374-88 Kurt D. Hoag dba Kurt's Sales & Service (Heating &

Air Conditioning)

4406-87 Sun State Electric, Inc. (Electrical) (DUPLICATE)

4413-88 Edwin C. Wolek, Jr. dba Brite Electric, Inc.

(Electrical)

4459-88 H. A. Faulkner dba Sun Country Aluminum (Aluminum

Specialty)

4470-88 Mitch A. Permuy dba Advanced Electrical Services,

Inc. (Electrical)

4538-87 Alvin Macks (Septic Tank Installation)

4539-88 Yahn Electric Co., Inc. (Electrical)

4540-88 Edward J. McNealon dba Tamco Electrical (Electrician)

4541-88 Patrick Huff dba D & S Electric, Inc. (Electrical)

4542-88 Gerald L. Watson (Electrical)

4543-88 Air Engineers Division of J. S. Mudrick, Inc.

(Air Conditioning)

4544-88 Jeff Vanderklip dba Cir Electric, Inc. (Electrical

Contractor)

Cancellations

0871-87 James B. Lowe (Electrical Contractor)

3086-88 Ben Williams (Air Conditioning, Mechanical

Contractor)

4053-87 Everett James Clerversey (General Contractor)

4423-87 Olivio A. Meneses (Electrician)

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the payment of Warrant #73264 through Warrant #73749, for the following accounts:

County Transportation Trust Countywide Library

Pasco Fire District Countywide Fire District

Landfills Private Industry Council

Mt. Plymouth Fire District Fine & Forfeiture

Mosquito Control Aquatic Weed

Paisley Fire District Northwest Fire District

General Revenue South Lake Fire District

Section 8 Revenue Sharing

Eustis Section 8 Bassville Fire District

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/BONDS/LICENSES AND PERMITS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved to refund a cash bond, in the amount of $500.00, to Mr. Emil E. Brodbeck, which was posted to obtain a Lake County Gun Permit, because Mr. Brodbeck has transferred to a State of Florida Concealed Firearm License.

Commr. Windram was not present for the vote.

BUDGETS/PUBLIC HEALTH

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the amended budget of the estimated revenue and expenditures, for the Lake County Section 8 Eustis Fund, for the Fiscal Year ending September 30, 1987, in accordance with Section 129.06 (2) (D) Florida Statutes, which is necessary to record the proceeds from the Eustis Section operation, as new money to the County budget.

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/COURTS-JUDGES

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved and authorized the proper signatures on the following:

Satisfaction of Judgment, in the amount of $250.00, Case No. 87-934-CF, for Randall J. Spearman.



Satisfaction of Judgment, in the amount of $150.00, Case No. 80-897-CJ-A-01 and 80-963-CJ-A-01, for Ray and Nina Gilfert, in the interest of Jeffrey Allen Larson, Child.



Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/REPORTS

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

October 17, 1987 ($21,682.44)

October 23, 1987 ($16,640.87)

Commr. Windram was not present for the vote.

PRIVATE INDUSTRY COUNCIL/REPORTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board acknowledged receipt of the Volusia, Lake, Flagler - Private Industry Council, Inc. Annual Report, for the time period of July 1, 1986 through June 30, 1987.

Commr. Windram was not present for the vote.

JAILS/REPORTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board acknowledged receipt of the Lake County Jail, Second Annual Inspection, dated September 10, 1987.

Commr. Windram was not present for the vote.

COUNTY ADMINISTRATOR'S AGENDA

RESOLUTIONS/STATE AGENCIES

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request for a Resolution, requesting the names and addresses of those paying Tourist Development Tax, from the Florida Department of Revenue.

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/COUNTY PROPERTY

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request to sell the North half of Tract 34, Groveland Farms, to the B. G. Harmon Fruit Company, at a total cost of $850.00, as appraised by the Property Appraiser's Office.

Commr. Windram was not present for the vote.

DEEDS/MUNICIPALITIES/RIGHT-OF-WAYS, ROADS AND-EASEMENTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the request to accept right-of-way deeds from BAW, Inc., Stanley J. and Myrtle F. Buczek, and Robert D. and Helen Diane Little, in connection with building a road for the City of Leesburg.

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/BIDS/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request from the Northwest Fire District to bid one 1,800 gallon elliptical tanker-pumper, at an estimated cost of $75,540.00.

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS

FIRE DISTRICTS-FIRE DEPARTMENTS/MUNICIPALITIES

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request for signatures on the contract with the City of Mascotte, to provide Fire Protection to certain unincorporated areas of Lake County, in the amount of $12,000.00, for FY 87/88.

Commr. Windram was not present for the vote.

CONTRACTS, LEASES AND AGREEMENTS/FIRE DISTRICTS

FIRE DEPARTMENTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the request for signatures on the Mutual Fire Protection Agreements, with the nine fire districts and Mid Florida Lakes Mobile Home Park Volunteer Fire Department, for FY 87/88.

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/MOSQUITO AND AQUATIC WEED CONTROL

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request for Eric Cotsenmoyer, Mosquito/Aquatic Weed Control, to attend the Fall Conference of the Florida Anti-Mosquito Association, on November 18-19, 1987, at a cost of $72.00.

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/BONDS/SUBDIVIONS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request to release a maintenance bond, in the amount of $3,880.00, on Harbor Oaks Subdivision.

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/ROADS-COUNTY AND STATE/SUBDIVISIONS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request to accept an Irrevocable Letter of Credit, in the amount of $16,271.00, for road maintenance in the Montverde Hills Subdivision, and acceptance of the following roads into the County maintenance system: Bay Avenue (3-18661, Apple Road (3-1867B), Adam Court (3-1867A), and Eve Drive (3-1867C).

Commr. Windram was not present for the vote.

BONDS - MOBILE HOME

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request for Kelly Davis, Bassville Park Area, District #l, to live in a mobile home on the same piece of property on which his conventional dwelling unit is 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 unit or upon the request of the Board of County Commissioners.

Included in the motion was approval of the request for the renewal of a mobile home bond for Michael Fashaw, Eustis Area, District #4.

Commr. Windram was not present for the vote.

BONDS - MOBILE HOME

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request for the cancellation of the following mobile home bonds:

Charles Nunley Umatilla Area District #5

Frances B. Auberson Umatilla Area District #5

Lewis T. Story Highley Area District #5

Robert Pyle Pine Lakes Area District #4

Logan Heinzelman Mt. Plymouth Area District #4

Louis P. Levesque Sorrento Area District #4

James Nichols Mt. Dora Area District #4

Lenore P. Thomas Leesburg Area District #l

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/LANDFILLS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request to award Project No. 4-88, Grading, Drainage, and Construction of Gas Vents at the Loghouse Landfill, to Superior Asphalt, in the amount of $49,500.00.

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board postponed the request to award Project No. l-88, Countywide Resurfacing, to Asphalt Pavers, Inc., in the amount of $1,067,305.33.

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request for partial payment to Joyce Environmental Consultants, for the completion of the Fourth Cut in District I, for Project No. 13-87, Countywide Secondary Mowing Project, in the amount of $6,688.15.

Commr. Windram was not present for the vote.

ROADS-COUNTY AND STATE

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request to accept the following road into the County maintenance system:

Rogers Industrial Park Road #2-3110A

Commr. Windram was not present for the vote.

DEEDS/RIGHT-OF-WAYS, ROADS AND EASEMENTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request to accept the following right-of-way deeds:

Florence A. Terre11 #5-7880A E. Ninth Avenue

Frederick T. Elliott #3-2441 Howey Cross Road

ACCOUNTS ALLOWED/INSURANCE

Commr. Carson brought to the attention of the Board a letter he received from Neil Kelly, Insurance Coordinator, regarding the Public Officials Liability 1987-1988 Renewal. He stated that the County's present carrier, International Surplus Lines Insurance Company, will renew the Public Officials Liability for another year, for $400.00 more than last year.

Mr. Kelly stated in the letter that the premium for 1987-1988 is $10,380.00. The premium for 1986-1987 was $9,905.00. The renewal quote includes an additional exclusion, which excludes claims resulting from the hiring or firing of any employee of the County.

COMMITTEES/POLLUTION CONTROL

Commr. Smoak brought to the attention of the Board a letter the Board received from Mr. William H. Dailey, who is resigning from the Pollution Control Board.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board authorized the County Administrator to advertise for replacement candidates on the District III portion of the Pollution Control Board, to the general public, indicating what the job entails, and that the Board make a selection from those individuals that apply.

Commr. Windram was not present for the vote.

RECESS AND REASSEMBLY

At 9:40 a.m. the Vice-chairman announced that the Board would recess until 10:00 a.m. for the scheduled Public Hearing.

CODE ENFORCEMENT/COMMITTEES/ORDINANCES

The Vice-chairman announced that the advertised time had arrived for the public hearing on an ordinance amending the Lake County Ordinance 1982-19, relating to the Code Enforcement Board, removing a limitation on the reappointment of Code Enforcement Board members. It was noted that the proper proof of publication was on hand as it appeared in the October 15, 1987, and October 23, 1987, editions of The Orlando Sentinel, The Lake Sentinel.

Mr. Michael C. Willett, County Administrator, informed the Board that the prior state law only allowed the Code Enforcement Board members to succeed themselves once. The new State law allows them to succeed themselves as long as the Board of County Commissioners approves it.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved to amend Ordinance 1982-19, relating to the Code Enforcement Board, removing a limitation on the reappointment of Code Enforcement Board members.

Commr. Windram was not present for the vote.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved to place the amended ordinance on the floor for its first and final reading by title only as follows:

AN ORDINANCE OF THE LAKE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING LAKE COUNTY ORDINANCE 1982-19 RELATING TO THE CODE ENFORCEMENT BOARD; REMOVING A LIMITATION ON REAPPOINTMENT OF CODE ENFORCEMENT BOARD MEMBERS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.



Commr. Windram was not present for the vote.

No one present in the audience wished to discuss the amended ordinance with the Board.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board adopted amended Ordinance 1982-19, as read by title only on its first and final reading, Ordinance 1987-12.

Commr. Windram was not present for the vote.

CODE ENFORCEMENT/COMMITTEES

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the request to reappoint Fred Kurras and James Ellis, to the Code Enforcement Board, with their terns ending October 31, 1990.

Commr. Windram was not present for the vote.

CONTRACTS, LEASES AND AGREEMENTS/PUBLIC HEALTH

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss the request for signature on a Statement of Agreement for Provisions of Primary Health Care in Lake County. Mr. Strickland stated that West Orange Farmworker Health Association (WOFHA) will be working with the Lake County Health Department for providing primary health care for South Lake County.

Dr. June Atkinson, Director of the Lake County Health Department, appeared before the Board to discuss the request with the Board, as stated above.

COMMISSIONERS

At 10:25 a.m. the Vice-chairman, Commr. Burhans, turned the chairmanship over to the Chairman, Commr. Windram.

CONTRACTS, LEASES AND AGREEMENT/PUBLIC HEALTH (CONT'D.)

Dr. Atkinson discussed with the Board the special conditions and rules, as they relate to the provision of primary care services, and the County's contract with the Department of Health and Rehabilitative Services. It was noted that the Statement of Agreement for Provisions of Primary Health Care, in Lake County, is limited to the existing contract year of October 1, 1987, through September 30, 1988, and will be reviewed for renewal prior to the contract year beginning October 1, 1988.

Considerable discussion occurred regarding the provisions of primary health care in Lake County.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request for signature on the Statement of Agreement for Provisions of Primary Health Care in Lake County.

COMMISSIONERS

At 10:45 a.m. the Chairman, Commr. Windram, turned the chairmanship over to the Vice-chairman, Commr. Burhans.

ORDINANCES/PUBLIC HEALTH

Mrs. Robin Hechler, Health and Rehabilitative Services (HRS), appeared before the Board to discuss the proposed revisions to the Lake County Day Care Ordinance 1986-1. The proposed revisions would require additional educational requirements to be satisfied within 90 days, provide for the licensing of family day care homes, and providing for the enforcement of the additional requirements.

Mrs. Hechler informed the Board that a family day care is a private residential home, which cares for infants and preschoolers of five children or less, other than their own, who are accepting a fee on a regular daily basis. She stated that under the proposed revisions, a family day care would be required to be licensed or registered, which would enable HRS to go on the premises for periodic inspections. If the residence is in violation, then HRS could bring them before the Code Enforcement Board.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board denied the proposed revisions to the Lake County Day Care Ordinance 1986-1, particularly the requirement providing for the licensing of family day care homes and the portion referring to the Lake County Code Enforcement Board.

Commr. Windram was not present for the vote.

It was noted that there will be a Public Hearing regarding amending the Lake County Day Care Ordinance 1986-1, at the Board of County Commissioner's meeting on Tuesday, December 1, 1987, at 10:00 a.m.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the request from Sheriff Noel E. Griffin, Jr., for an appropriation of $499.98, from the Law Enforcement Trust Fund of the Board of County Commissioners of Lake County, Florida, in which the Lake County Sheriff's Office paid McDuff Electronics, on October 8, 1987, for one Sharp Video Recorder.

Commr. Windram was not present for the vote.

RECESS AND REASSEMBLY

At 11:15 a.m. the Vice-chairman announced that the Board would recess until 11:25 a.m.

BONDS/FINANCE

Commr. Windram informed the Board that the Sales Tax Committee felt that the Board should be prepared to take action in the event that the sales tax referendum should pass.

Commr. Windram stated that the Committee received eight, amply qualified firms for the position of Financial Advisor, for the County. The Committee shortlisted the applicant's down to three, which were: Alex Brown and Associates, Raymond James and Associates, and Southeast in consortion with Merrill Lynch.

Commr. Windram stated that the Committee decided that the County should either proceed with a bond issue, or proceed with a financial advisor for a limited period of time, such as six months to a year. It was noted that the financial advisor would not participate in the underwriting.

Commr. Windram informed the Board that the Committee, after considerable discussion, has selected the firm of Raymond James and Associates, as the firm who will represent Lake County as Financial Advisor. It was noted that Raymond James and Associates would serve the County for a period of six months, at a flat fee of $7,500.00, plus expenses. It was also noted, should the bond issue take place, the fee would be a maximum of $43,000.00.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved to hire the firm of Raymond James and Associates, as the Financial Advisor and consultant to the County, for a period of six months, at a flat fee of $7,500.00, plus expenses or a maximum of $43,000.00, should the bond issue take place.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved, should the sales tax referendum pass, that the Financial Advisor proceed with the bonding issues for the one cent sales tax.

Commr. Smoak stated that he was uncertain, as to his choice of vote.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:45 a.m.

THOMAS J. WINDRAM, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK



LS/11-06-87