A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

OCTOBER 18, 1988

The Lake County Board of County Commissioners met in regular session on Tuesday, October 18, 1988 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: Glenn C. Burhans, Chairman; Thomas J. Windram; Claude E. Smoak, Jr.; James R. Carson, Jr.; and Don Bailey. Others present were: Christopher C. Ford, County Attorney; Michael C. Willett, County Administrator: Ava Kronz, County Administrator's Assistant; Robert K. McKee, Chief Deputy Clerk; and Linda Springston, Deputy Clerk.

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

MEETINGS/POLLUTION CONTROL/ZONING

Commr. Bailey recognized several residents of Mascotte, which were in the audience, to discuss the Bronson chicken farm. The residents were concerned, because the Board had passed a motion previously, which had not been met at this time. The Board had taken the following action: That they notify Stewart Bronson, the owner of the property, of the problems which exist out there, and that have been investigated by Mr. Roof and his department; secondly, that he be requested to participate in a discussion with Mr. Roof and Commr. Bailey concerning the CUP (Conditional Use Permit), which was issued, including those areas of discrepancy; thirdly, that the staff develop amendments to the CUP, to present to the Planning and Zoning Commission: fourth, that Mr. Bronson be notified that a CO (Certificate of Occupancy) will be unacceptable on any future expansion, until the current problems are resolved; and fifth, that a standard CUP set of regulations, including approval by IFAS be developed for this and all future poultry house, dry system production facilities.

The residents in the audience were under the impression that the Board had scheduled this matter on the agenda today, and were informed that it was not scheduled for this meeting.

At this time the Board informed the residents that, when it is carried scheduled on the agenda, they will be notified.

MINUTES

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of October 4, 1988, as presented.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of October 11, 1988, as presented.

COUNTY ADMINISTRATOR'S AGENDA

ACCOUNTS ALLOWED/LANDFILLS/POLLUTION CONTROL

On a motion by Commr. Carson, seconded by Commr. Bailey and unanimously, the Board approved the requests from Pollution Control, for Joe Dertien, Environmental Engineer, and for Claire Bartlett, Solid Waste Disposal Director, to attend the Southeast Conference '88 on Recycling, on November 1- 4, 1988, in Clearwater, Florida, at an approximate cost of $470.00.

ACCOUNTS ALLOWED/POLLUTION CONTROL

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Pollution Control, for Sue Larson and Mike Wilson, to attend the Supervisor's Tank Workshop, in Tallahassee, Florida, on November 1, 1988, at a total approximate cost of $150.00.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/GRANTS

ENVIRONMENTAL SERVICES/STATE AGENCIES

Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss the request for signatures, on the contract with the Florida Department of Community Affairs, to prepare a Hazardous Materials Plan, for Lake County, in the amount of $10,673.00. He stated that, earlier this year, the Board had approved for his office to apply for the grant for this plan.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for signatures on a contract with the Florida Department of Community Affairs, to prepare a Hazardous Materials Plan, for Lake County, in the amount of $10,673.00.

ACCOUNTS ALLOWED/FIRE PROTECTION

Mr. Michael C. Willett, County Administrator, discussed the request with the Board, from the Bassville Fire District, to purchase a 200 gallon stainless steel tank, for a new vehicle, at a cost of $2,550.00. He stated that this item had been rebid, because the Board requested that the Fire Protection Department obtain a lower cost estimate than the one previously offered.

On a motion by Commr. Bailey, seconded by Commr. Carson and carried, the Board approved the request from the Bassville Fire District, to purchase a 200 gallon stainless steel tank, for a new vehicle, at a cost of $2,550.00.

Commr. Smoak was not present for the discussion or the vote.

FIRE PROTECTION/RIGHT-OF-WAYS ROADS & EASEMENTS

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request from Florida Power Corporation to grant a 10 foot easement, adjacent to County Road 437, at the Sorrento Fire Station, at no cost.

ACCOUNTS ALLOWED/BIDS/PUBLIC WORKS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to advertise for bids on two or more 125 horsepower motor graders, at an estimated cost of $190,000.00.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for partial payment #7, to Trac Roadbuilders, Inc., in the amount of $116,534.13, for Project SA-59, in Astor.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for partial payment, to Transportation Safety Contractors, Inc., in the amount of $58,751.38, for Project #12-88, Countywide Installation of Guardrails.

APPRAISALS/LANDFILLS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to have an appraisal prepared on 40 acres, lying west of the Astatula Landfill, to be used for water retention, and the possibility of a spray field.

ACCOUNTS ALLOWED/BIDS/LANDFILLS

Mr. Jim Stivender, Assistant Director of Public Works, appeared before the Board to discuss the request for one set of truck scales (one incoming and one outgoing), for the Astatula Landfill, from Dickey Scales, Inc., at a cost of $113,356.00, on County aid #018-780-039. He stated that his office has incorporated into the specifications, that the scales be relocated to the new landfill site in five years.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request to purchase one set of truck scales, for the Astatula Landfill, from Dickey Scales, Inc., at a cost of $113,356.00, on County Bid #018-780-039.

PUBLIC WORKS/RIGHT-OF-WAYS, ROADS & EASEMENTS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to grant a 10 foot easement to Sumter Electric Cooperative, along the County property described as: Lot 21, Block 15 of the Subdivision of East Umatilla, in Section 8, Township 17 South, Range 28 West, for a distribution line to be constructed.

PUBLIC WORKS/RESOLUTIONS/ROADS-COUNTY & STATE

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to accept Sandpiper Drive (#5-7039), into the County Maintenance System.

PUBLIC WORKS/ROADS-COUNTY & STATE

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request to change the name of Milton Road (#3-05271, to Ott Williams Road (#3-0527), Section 34, Township 23, Range 25.

LANDFILLS/MUNICIPALITIES/RIGHT-OF-WAYS ROADS & EASEMENTS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to grant the cities of Eustis, Mount Dora and Tavares, a non-exclusive easement, for legal access to the old Tri-City Landfill, and to accept a non-exclusive easement and drainage easement from the aforementioned cities.

DEEDS/RIGHT-OF-WAYS, ROADS EASEMENTS

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

Daniel/Darla Miley/Lillian/ #l-7807 Griffin Avenue

Eleanor Barrineau

Eileen Dodd & Eleanor D./ #l-7807 Griffin Avenue

Lillian D. Hogenboom

Robert Gordon #l-7807 Griffin Avenue

Eleanor D. Barrineau/LiLlian #l-7807 Griffin Avenue

D. Hogenboom

Anthony Morreale #l-7310 Grays Airport Road

George L. Mackay #l-7310 Grays Airport Road

Raymond Irani #l-7310 Grays Airport Road

Frances B./Roy E. Simpson #l-6304 Spring Lake Road

Larry A./Margaret H. Stanley #2-3215 Hollandel Road

Linda K. Pursley, Personal #l-5433 Radio Road

Rep. of Ovit Pursley Estate

Edwin J. Trapnell #3-2439 S. Buckhill Road

Scottish Highlands #l-5335A Green Meadow Lane

Rodney Allen/Stephen Scott Harper #C-455

PUBLIC HEARINGS - ROAD CLOSINGS - Petition

No 521 - Arthur M Blood - Montverde Area

Mr. Bob Green, a partner with Mr. Richard W. Lassiter, Esquire, representing the petitioner, was present to discuss the request with the Board.

It was noted that the proper proof of publication was on hand as it appeared in the September 27, 1988, and October 4, 1988, editions of The Orlando Sentinel,The Lake Sentinel.

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request to vacate a portion of a road, Plat of Vinola Gardens, in the Montverde Area, as advertised in Petition No. 521, by Arthur M. Blood, c/o Richard W. Lassiter, Esquire.

Petition No. 525 - Paul Anderson - Lady Lake Area

It was noted that the proper proof of publication was on hand as it appeared in the September 27, 1988, and October 4, 1988, editions of The Orlando Sentinel The Lake Sentinel.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request to vacate Old Oxford Road, Lee and Stevens Addition to Lady Lake, in the Lady Lake Area, as advertised in Petition No. 525, by Paul Anderson, President, Lady Lake Cemetery Association.

ROAD CLOSINGS - PERMISSION TO ADVERTISE

Petition No. 522 - Joseph F Baldi - Clermont Area

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

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request to advertise to vacate an unnamed road, Plat of Lake Highlands Company, in Petition No. 522, by Joseph F. Baldi, Trustee & Treasurer, for the Church of the Nazarene.

Petition No - 523 Alois & Imogene Holub - Tavares Area

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to advertise to vacate a road right-of-way, Sparks Village, in the Tavares Area, in Petition No. 523, by Alois & Imogene Holub.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request for final payment to Rix Construction, in the amount of $10,961.51, for Project #8-88, Alibrandi Road, South Whitney Road, and Sumter Line Road.

MUNICIPALITIES/PUBLIC WORKS

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request from the Town of Astatula, for 1,000 yards of clay, which Astatula will transport.

COMMITTEES/COUNTY EMPLOYEES/PERSONNEL DEPARTMENT

Mr. Dennis Dorsey, Assistant Personnel Director, appeared before the Board to discuss the proposed establishment of an Employee Recognition Program, as a positive morale incentive. He stated that the program would select one employee, to be nominated from the operating departments under the Board, on a quarterly basis.

Mr. Dorsey stated that the Selection Committee would consist of a division director, a supervisory employee, two non-supervisory employees, and the Director of Personnel, as the designee.

Mr. Dorsey explained that the criteria for selection would depend upon the employee's particular work, such as, cost savings, meeting quotas, or assistance to the public.

Mr. Dorsey stated that he would like to begin this program in the last quarter of the calendar year 1988. The employee would be presented with a plaque, designating him/her as employee of the quarter.

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the establishment of an Employee Recognition Program, as outlined by Mr. Dorsey, Assistant Personnel Director.

PLANNING & DEVELOPMENT/SUBDIVISIONS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for preliminary approval of Riverside Subdivision.

BONDS - MOBILE HOME

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for Lester Conerly, Fruitland 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 the Board approved the request to cancel the mobile home bond for Sara Turner, Orlando Hills Area, District #5.

ACCOUNTS ALLOWED/INDIGENTS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the payment of Warrant #86226 through Warrant #87125, for the following accounts:

County Transportation Trust Paisley Fire District

Landfills Aquatic Weed

General Revenue Bassville Fire District

Countywide Library Countywide Fire District

Mosquito Control Law Library

Fine & Forfeiture Capital Outlay

Mt. Plymouth Fire District South Lake Fire District

Private Industry Council Pasco Fire District

Northwest Fire District Section 8

Emergency 911 Fund Eustis Section 8

Revenue Sharing Northwest Ambulance

Northeast Hospital Northeast Ambulance

Self Insurers Fund Road Impact

Included in the motion was payment for the following indigents:

Sumter Electric for Barbara Hutchings - $50.00 - District #3

Jean Crovin for Barbara Hutchings - $50.00 - District #3

ACCOUNTS ALLOWED/ASSESSMENTS/SUBDIVISIONS

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

El Bonito Subdivision

George & Hazel Molnar $ 913.00

Pine Lakes South Subdivision

Phillip V. & Peggy Clark 948.69

Ronald H. Luke 712.79

Harbor Shores

William E. & Margaret A. Turner, Sr. 356.26

Mt. Plymouth

Michael T. Collins 524.97

Donald E. Coval 454.75

Donald E. Coval 454.15

Clarence Wesemann 451.00

Robert Herman Gertz 595.16

Robert Herman Gertz 470.82

Robert Herman Gertz 451.82

Robert Herman Gertz 451.82

Robert Herman Gertz 595.16

Silver K. Piliwale 637.70

Silver K. Piliwale 637.70

Silver K. Piliwale 447.30

Silver K. Piliwale 455.50

Silver K. Piliwale 1,275.07

Bryan Miller (waived) 8,212.50

Bryan Miller (waived) 4,596.00

La Place Court

Ward E. & Delores McCrory 2,696.10

Barbara Baert 2,696.10

Brian D. & Penny D. Hicks 5,388.65

David B. & Arlene R. Perrier 2,696.10

Vivian D'Aquila 865.39

ACCOUNTS ALLOWED/COURTS-JUDGES

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

Case No. 88-995-CF, Brenda Carol Shatto, in the amount of $250.00.

Case No. 87-742-CJ, John Smith, Juvenile, Edward Smith and Diane Smith, Parents, in the amount of $50.00.



Case No. 87-741-CJ, Michael Lee Smith, Juvenile, Edward Smith and Diane Smith, Parents, in the amount of $50.00.



ACCOUNTS ALLOWED/CLERK/COURTS-JUDGES

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board acknowledged receipt of the Term Bill for Circuit Court work, during the period of May 1, 1988 through September 30, 1988, in the total amount of $60,871.00.

PRIVATE INDUSTRY COUNCIL/REPORTS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board acknowledged receipt of the cumulative participant activity reports, for Lake County, from July 1, 1988 to September 30, 1988, from the Volusia, Lake, Flagler, Private Industry Council, Inc.

JAILS/REPORTS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board acknowledged receipt of the Second Annual Inspection, dated September 20, 1988, from the Florida Department of Corrections, for the Lake County Jail - Main and Leesburg Annex.

CONTRACTS LEASES AGREEMENTS/FAIRGROUNDS

Commr. Burhans brought to the attention of the Board the Lease Agreement between Lake County and the Lake Agriculture and Youth Fair Association, Inc., containing one change, which stipulates that the County will not lease the property for any commercial exhibit, midway or exposition, within 90 days prior to the annual Fair, and that the Lessor may terminate this lease upon giving the Lessee one year's written notice of such termination, in the event that the Lessor moves the Fairgrounds to a new location in the County.

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized the proper signatures on the Lease Agreement with the Lake Agriculture and Youth Fair Association, Inc., including the changes stated above.

RECESS & REASSEMBLY

At 9:45 a.m., the Chairman announced that the Board would recess until 1O:OO a.m., for the scheduled agenda item.

ENVIRONMENTAL SERVICES/LANDFILLS/PUBLIC WORKS

Ms. Claire Bartlett, Solid Waste Disposal Director, appeared before the Board to discuss the proposed fee structure for 1988-89 landfill fees. Ms. Bartlett recommended that the Board initiate the proposed fee structure, effective as of January 1, 1989.

Ms. Bartlett discussed implementing an Amnesty Day, one day a year, for appliances and furniture (white goods), which would allow residents to dispose of these items at the landfill at no cost. The Amnesty Day would be scheduled on a weekend day (Saturday or Sunday), and publicized in the newspaper.

Considerable discussion occurred concerning scheduling more than one Amnesty Day throughout the year.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved to schedule the Amnesty Days, three times during the year, for all white goods, including furniture, and to be properly advertised each time, in a newspaper, and to hold them on a weekend day.

Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss the proposed Hazardous Waste and Motor Oil Program, which he is now organizing, and should be available for consideration at the November 1, 1988, regular Board meeting. It was noted that, in the future, there will be a permanent location for the hazardous waste and motor oil at the landfill.

It was noted that the Amnesty Days would not include the commercial haulers.

Commr. Smoak suggested to Ms. Bartlett that her department incorporate a per item computation into the scales computer at the landfill.

Considerable discussion occurred regarding pickup trucks, referring to the size of the truck, the contents, and the term."level bed".

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved to amend all landfill fees, which refer to "level bed", and the size of the pickup truck, and make a standard fee for all pickup trucks, regardless of the size of the truck, or the type of load or level of the load to be dumped, which will become effective Monday, October 24, 1988.

Considerable discussion occurred regarding the different fees, which were outlined on Attachment "A" of the proposed landfill fees, particularly the fees for pickup trucks.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved to amend Attachment "A", to reflect a consistent $6.00 fee, for all pickup trucks (3/4 ton or less), regardless of the size of the truck, or the contents of the load, to become effective January 1, 1989.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved to accept Attachment "A" of the proposed landfill fee outline, showing a unit pricing system and a scale pricing system, as amended, beginning January 1, 1989.

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board directed the County Administrator and the Solid Waste Disposal Director to prepare a public notice in the newspaper, to advertise the new rate structure, which will be effective January 1, 1989, and explain to the public the procedure, policy, and intent of how the landfill system will work.

COMMITTEES/MUNICIPALITIES/ORDINANCES/ZONING

Mrs. Jane Kramer, of the Mount Dora Planning and Zoning Commission, appeared before the Board to discuss Mount Dora's proposal for frontage road requirements and billboards.

Mrs. Kramer stated that Mount Dora would like to see the County incorporate into their ordinance on frontage roads, that all frontage roads in Lake County comply with Mount Dora's frontage road requirements, which requires landscaping, curbing and sidewalks.

Mr. Al Rehbaum, III, of the Mount Dora Planning and Zoning Commission, appeared before the Board and stated that the ordinance would encourage frontage roads to be aesthetically designed and would improve the appearance of the environment. He stated that the County should eliminate the use of billboards immediately.

Mr. Rehbaum discussed with the Board the types of people which would be utilizing the sidewalks that are constructed.

Mr. Willett, County Administrator, stated that the County's frontage road ordinance will be ready for consideration, by the County Commissioners, in late November or early December, and that the ordinance committee will consider Mount Dora's recommendations in the planning of the County's frontage road ordinance.

Mr. Rehbaum felt that the frontage roads should be consistently designed along Highway 441, from Mount Dora to Lady Lake.

JAILS/RESOLUTIONS

On a motion by Commr. Windram, seconded by Commr. Smoak and carried, the Board approved and authorized the proper signatures on a Resolution honoring Mr. Bret Burhans (Commr. Burhans' grandson) and Mr. Brad Bailey (Commr. Bailey's son), for their participation in the unveiling of the plaque, at the Groundbreaking Ceremonies, for the new Criminal Justice/Jail Facility.

Commr. Burhans and Commr. Bailey declared a conflict of interest, because they are related to the children, and did not vote.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:00 noon.

GLENN C. BURHANS, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

LS/10-21-88