A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

february 15, 1977

The Lake County Board of County Commissioners convened in Regular Session on Tuesday, February 15, 1977 at 9:00 A.M., in the Commissioners’ Room, Courthouse, Tavares, Florida. Present were: C.A. “Lex” Deems, Chairman; James R. Carson, Jr., Thomas J. Windram, and Glenn C. Burhans. Absent was J.M. Hoskinson. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney, Sharon Mitchell and Andrea Gambrell, Deputy Clerks.

The Invocation was given by James C. Watkins and the Pledge of Allegiance was led by James R. Carson.

communications

The Chairman presented to the Board a letter from Representative Richard Langley informing the Board that there will be a Legislative Delegation meeting on February 7, 1977 at 7:30 P.M. in the Board of County Commissioners Room.

water authority

Commr. Deems presented to the Board a letter from the Lake County Water Authority informing the Board that the Public Works Department had estimated that it will cost approximately $4,000 for maintenance repairs to the H.E. Young Dam. It is being requested that the Public Works Department be authorized to proceed with these repairs with the understanding the Oklawaha Basin Recreation and Water Conservation and Control Authority be financially responsible for the cost of the repairs. On a motion by Commr. Carson, seconded by Commr. Windram and carried, the above request was approved. Commr. Hoskinson was absent for the vote.

communications

Commr. Deems presented to the Board a letter from the Department of Administration regarding the solicitation of problems for highway safety research and development. This was referred to the County Engineer.

The Chairman presented to the Board a letter from Peat, Marwick, Mitchell & Company informing the Board of their auditing or management consulting services. This was read and filed by the Board.

county employee

Commr. Windram presented to the Board a request to fill the position of Executive Secretary at a salary of $7,200 effective February 15, 1977, and the position of Secretary II at a salary of $5,700 effective February 28, 1977. These positions are at the Agricultural Center. On a motion by Commr. Burhans, seconded by Commr. Carson and carried, the Board approved that the above positions be refilled as requested. Commr. Hoskinson was absent for the vote.

commissioners

At 9:15 A.M. Commr. Hoskinson arrived for the Board of County Commissioners meeting.

county property

Commr. Burhans presented to the Board a request for the County to install four needed street lights at the Lake County Fairgrounds and a request to construct 180 feet of roadway between the new building at the Fairgrounds and the Flowershow and Educational buildings. On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the above requests were approved.

autos and trucks

Commr. Windram presented to the Board a request from the Mount Plymouth Volunteer Fire Department that the surplus vehicles, which they use and which are title to the County, be placed on the County Fleet Insurance with the understanding that Mount Plymouth Volunteer Fire Department will be responsible for paying the increased portion of the insurance premium due to the addition of these vehicles on the County’s Fleet. Discussion was held. The Board stated that it did not wish to make any decision on this matter until the County Attorney was present.

accounts allowed

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved for the Personnel Department to become a member in the American Arbitration Association at a cost of $125 and approved the transfer of $40 from Contingency to “Dues and Memberships” in the Personnel Budget.

appropriations

Mr. Windram presented to the Board a memo from Mr. Porter informing the Board that Lake County had received a commendation regarding the operation of its CETA program.

accounts allowed

On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board approved for Mr. Porter to attend the National Public Employer Labor Relations Association annual conference in New Orleans, March 6-11, 1977, and approved the registration fee of $130.

courthouse

Commr. Hoskinson presented to the Board a letter from the Department of Offender Rehabilitation stating that it could pay a maximum of $6.00 per square foot for rental space, at this time, in the new Lake County Courthouse. Discussion was held. On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board approved to rent space in the new Lake County Courthouse to the Department of Offender Rehabilitation at $6.00 per square foot. The Board authorized the County Attorney to draw a lease between Lake County and the above mentioned Department regarding same.

grants

Commr. Burhans informed the Board that the Astor Community Association wanted to apply for a loan from the Farmers Home Administration for funds to build its community building. According to the regulations regarding such loans the Board needs to pass a resolution stating that the facility is needed and approves the location and the construction of the facility. On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board adopted a resolution expressing the above, subject to the County not being financially responsible for this project in any way.

Commr. Burhans abstained from the vote because he is a member of the Board of Directors for this Community facility.

contracts and agreements/courthouse

Mr. John Dickerson, Architect, appeared before the Board and presented various changes in the Contract pertaining to the new Lake County Courthouse. Discussion was held.

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved items 1-5 on Change Order # 4.

On a motion by Commr. Windram, seconded by Commr. Carson and carried, the Board approved items 6 & 7 on Change Order # 4. Commr. Hoskinson voted “no.”

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved items 8 and 10-21 on Change Order # 4.

Mr. Dickerson discussed with the Board what would be placed on the berm of the new Courthouse. Discussion was held on the various materials which could be used. On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved for sod to be placed on the berm of the new Courthouse at a cost of $1,600.

Mr. Dickerson also discussed with the Board the way in which music would be piped into the Courthouse. He stated that it was possible for the County to have a microphone, amplifier and tape system hooked up to its central system and, therefore, provide its own paging and music system.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the above mentioned paging and music capabilities be included in the Contract and a Change Order be written.

Discussion was held on the kitchen facilities that would be available in the new Courthouse. The Board requested Mr. Dickerson to research this and present his recommendation to the Board.

planning and zoning

At 10:00 A.M. the Chairman announced that it was time for the Board to take action on whether or not it would adopt the Land Use Element of the Comprehensive Plan.

Mr. Ford briefed the Board of County Commissioners on the law regarding this and discussion was held regarding whether or not to adopt this element by Ordinance. On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board adopted a resolution adopting the Land Use Element of the Comprehensive Plan. This is being done by resolution because it was specifically in the Legislature’s intent to allow this plan to be done by resolution as discussed at the Legislative Hearings on the general law requiring this plan.

funds-transfer

Mr. Watkins informed the Board that it had approved the purchase of a Kodak Ektron Reader/Printer for the Clerk’s Office. He reported to the Board that this expenditure was not in his budget and requested that $7,755.15 be transferred from Contingency into the Clerk’s “Equipment” budget. On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the above transfer was approved.

accounts allowed

Mr. Watkins reported to the Board that with the reorganization of the Finance Department it is requested that approval be given for three electronic printer calculators for this Department. On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board approved the above purchase and requested that this be referred to the Purchasing Department for the purchase of these calculators at the best possible price.

county policy/accounts allowed

Mr. Watkins reported to the Board that because of the system the County follows for the payment of its bills the County is unable to take advantage of various discounts. It was requested that the Board consider approving bills for payment on the first and third meeting of every month in order for checks to be written on the 10^th and 25^th of each month. On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board approved for bill to be presented to the Board for payment on the first and third meeting of every month.

autos and trucks

Mr. Gary Knuckles, Purchasing Agent, appeared before the Board with a recommendation on the bids which were received for three new diesel trucks. He stated that after the specifications had been checked, International Harvester in Orlando was the lowest and best bid meeting County specifications. Their bid for the three new trucks, with trade in, is $86,214.90. On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board approved the purchase of three new diesel trucks from International Harvester in Orlando at the price stated above, being the best and lowest bid meeting County specifications.

roads – county

Mr. Andrew, County Engineer reported to the Board that bids had been taken regarding the paving of Mary Ellen Road and Emeralda Road. He stated that MacAsphalt was the best and lowest bidder at $38,486.50 for the work that needed to be done on Emeralda Road and Carroll Construction was the best and lowest bidder at $990 for the work that needed to be done on Mary Ellen Road. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board awarded the bids as stated above being the best and lowest bids received.

At this time, Mr. Andrew and the Board reviewed the roads which they had seen on the road trip. Several roads were isolated as those which were in need of repair and/or construction. Mr. Andrew was requested to work up a cost estimate for the repair of the roads which the Board felt needed immediate attention.

courthouse

Mr. Watkins informed the Board that progress is being made regarding the move into the new Courthouse. He requested permission to close the Courthouse at 12:00 Noon on the Friday before the move, to allow the employees to pack and reopen the following Monday at 12:00 Noon, which would give the employees an opportunity to reorganize themselves in their new locations. This met with the approval of the Board.

machinery and equipment

Mr. Watkins briefed the Board on the amount of funds it is spending each year on computer services and the possibility of beginning its own computer department.

He suggested that a committee be formed comprised of the Chairman of the Board of County Commissioners and the Clerk to review and discuss this matter. It was suggested that the Sheriff, Tax Collector, Property Appraiser and Supervisor of Elections be invited to join this Committee to express their views on this matter and their possible use of a County computer. Discussion was held. No action was taken regarding this matter.

appointments

Mr. Watkins reminded the Board they still have to appoint their members to the Jury Commission.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the reappointment of Mr. Edward Waite, Mr. Virgil Hawkins and Mr. Joseph Brown to the Jury Commission. Their terms will be three years from their previous expiration date.

proclamations

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board proclaimed February 20-27, 1977 as National Engineers Week as requested by the National Society of Professional Engineers and the Florida Engineering Society of Central Florida.

hospitals

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the admission of Calvin Loucks and Curley Kelly to the A.G. Holley State Hospital.

reports

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board accepted the monthly report from the Youth Programs, Inc.

county property

At 11:30 A.M. the Chairman announced that the advertised time had arrived for the Board to consider the petition of Mr. Herlong regarding the swapping of land. Mr. Ford explained that there is a County Road located on a piece of property belonging to Mr. Herlong rather than in the proper right of way. Mr. Ford stated that if the Board approves the swapping of land the County will issue a Quit Claim Deed to Mr. Herlong for the right of way and Mr. Herlong will deed to the County the property on which the road is actually located. Mr. Taylor, Attorney representing Mr. Herlong, was not present.

Discussion was held. The Board postponed action on this matter until 1:45 P.M. in order for the County Engineer to be present with various maps regarding the location of this road.

animals/resolutions

Mr. Ford reminded the Board that several weeks ago he had submitted to the Board, for its consideration and review a resolution pertaining to the appointment of the Animal Shelter as the agency to investigate the mistreatment of animals. Discussion was held. No action was taken on this resolution.

appointments

Commr. Hoskinson presented to the Board for discussion the matter on the creation of the Commission on the Status of Women. Points of concern were the financial responsibility the County would have in the support of this commission, their function as a Regional Commission opposed to a Local Advisory Committee and the number of members which would serve on this Committee. The Board stated that it did not want this Committee to become a financial responsibility of the County. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board established a local Advisory Committee on the Status of Women in Lake County and stated that this Committee would not be involved in the State or Regional Commission on the Status of Women.

It was suggested that those persons, who have been active in having a Committee on the Status of Women established in Lake County, arrange for a meeting to be held and select, from the application received by the Board of County Commissioners from persons interested in the Committee, approximately nine people to be the members of this Committee.

Recess and reassembly

At 12:00 Noon, the Chairman announced that the Board would adjourn for lunch at the Lamp Post Restaurant. The public and press were invited on a dutch treat basis.

county property

At 1:45 P.M. the Chairman announced that it was time for the Board to consider the swapping of land which had been postponed from the morning. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved the swapping of land on Dogwood Drive, approved for the Chairman to sign the Quit Claim Deed on behalf of the County and approved the recording of the Warranty Deed from Mr. Herlong and the Quit Claim Deed from the County.

accounts allowed

Commr. Windram stated that he had been contracted by Mary Hamner, Administrator of the Lake Memorial Nursing Home, pertaining to a fire in the furnace at the Nursing Home. He stated that after discussing the problem with the company who was called to repair the furnace he felt that it was in the best interest of both the County and the patients at the Nursing Home to have a new furnace installed. He informed the Board that he had authorized this expenditure and requested the Board’s concurrence in this matter.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the installation of a new furnace in the Lake Memorial Nursing Home at a cost of $1,000 and approved for the Clerk to sign the necessary purchasing forms.

appointments

Commr. Hoskinson stated that he would like to appoint C. Fletcher Bishop, Jr. to the Jury Commission. On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board approved the above appointment.

Commr. Hoskinson also requested the Board’s approval of the appointment of Mrs. D. Thomas of Clermont to the Planning and Zoning Commission. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the above appointment was approved.

planning and zoning

CUP 545-2 CUP for a Treated Effluent Land Spreading Project

Commr. Deems presented to the Board a letter from Mr. Brown, Attorney for Hawthorne, requesting a 60 day postponement.

Mr. Norman Cummins, Attorney for an adjacent property owner, appeared before the Board in opposition to the postponement of this case.

Mrs. Edna Hall, resident of Okahumpka, appeared before the Board in opposition to the approval of this CUP.

Mr. Dick Lasher appeared before the Board and voiced his concern over the length of time this matter has been under consideration and requested that the CUP be denied.

Discussion was held regarding the problems that could be caused if the CUP was denied and Hawthorne was unable to work out a suitable agreement with the City of Leesburg regarding their hook up to the City Sewer Plant. The Board also took under consideration the people who had traveled to voice their opinion regarding this case. On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, this case was postponed until June 21, 1977 at 2:00 P.M. or as soon thereafter as possible.

REZONING 9-77-1 R-1-7 to C-1 Hubert J. Rayburn

No one appeared before the Board regarding this case. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was changed to C-1.

CUP 555-1 CUP for Sub Station in RR Jim Chrissinger Agent

No one appeared before the Board regarding this case. On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the CUP was approved.

CUP 556-1 CUP for Hog Ranch in A Chris Dodds

No one appeared before the Board regarding this case. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the CUP was approved.

REZONING 6-77-5 A to C-1 John F. Holmes

No one appeared before the Board regarding this case. On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and rezoning to C-1 was approved.

CUP 557-4 CUP for Special Housing in A Doyle E. Comer

Mrs. Jean Comer appeared before the Board regarding this case. She stated that she and her husband wanted to place a mobile home in back of their home as a home for his parents. Discussion was held. On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the CUP was denied.

REZONING 4-77-5 RR to A Charles Johnson

No one appeared before the Board regarding this case. On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning to Agriculture was approved.

REZONING 5-77-5 RR to A Merle Leslie Smith

REZONING 3-77-4 A to RR Leroy W. Franklin

REZONING 2-77-3 R-1-7 to A E.C. Thornhill

No one appeared before the Board regarding this case. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning to Agricultural was approved.

REZONING 7-77-3 RR to R-1-7 Johnson and Jones

Mr. Ben Harmon appeared before the Board regarding this case. He stated that the developer did not object to the Planning and Zoning Commission changing the rezoning to R-1-15 however, this would place one home, already in existence in violation and a variance would have to be obtained. Discussion was held. On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the Board approved the rezoning to R-1-15 with the Board of County Commissioners expressing their support of the variance which will be presented to the Board of Zoning Appeals.

REZONING 1-77-2 LM to A P & Z Commission

REZONING 8-77-3 A and RR to A J.E. Colughhey

No one appeared before the Board regarding this case. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and the rezoning was changed to A.

CUP 558-2 CUP for Grove Caretaking, Maintenance and Transport in A Butler

bonds

On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board approved the request of Mr. Garris to live in a mobile home on the same property on which his conventional dwelling is being built, subject to the proper bond being posted and with the understanding that the mobile home will be removed immediately upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners.

accounts allowed

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the travel for Mr. Andrew to attend a meeting in Orlando, sponsored by the American Public Works Association, on February 24, 1977, in the Matinee Club at the Ben White Raceway.

municipalities

Commr. Carson brought to the attention of the Board the matter involving the City of Leesburg needing to move its utility lines located on Dixie Avenue. Discussion was held. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board adopted a resolution authorizing the Department of Transportation to pay the City of Leesburg $56,076 from the Secondary Road Fund for right of way on Dixie Avenue.

accounts allowed

Mrs. Doris Babb, Supervisor of the County Finance Department, Revenue Division, appeared before the Board regarding the Statement of Assurances for General Revenue Sharing Entitlement 8 that had to be approved by the Board. She stated that these funds were in the amount of $462,679.00. On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board directed the Chairman to sign the above mentioned Statement of Assurances.

At this time, Mrs. Babb also reminded the Board that a decision had to be made regarding the expenditure of the $109,000 Anti Recession funds which have been made available to Lake County. Discussion was held on the “strings” which were attached to these funds. It was determined that the County may be able to use these funds for financing the restriping program as well as absorb the increased premium on the County’s Group Health Insurance program. The Board requested Mrs. Babb to calculate the cost of these two projects and report to the Board on the figures involving same.

roads- county

Commr. Windram presented to the Board for discussion the matter involving Fullerville Road. He stated that no one is able to find in the County Minutes when this road was deleted from the County maintained system. Discussion was held. Commr. Windram suggested that in view of the confusion surrounding this road he would move that this road be taken back into the County Maintained Road System, this was seconded by Commr. Carson and carried. Commr. Burhans abstained from the vote because he is involved in land transactions in this area.

county employees

Commr. Deems brought to the attention of the Board that when Mr. Andrew was hired it had been decided that he would wait to see if the Board was pleased with his performance before moving his family to Lake County. Discussion was held. The Board expressed its opinion that they were pleased with Mr. Andrew’s ability and performance as County Engineer/Public Works Director and could begin his transition in becoming a resident of Lake County.

adjournment

There being no further business to be brought before the Board, the meeting adjourned at 3:40 P.M.

_________________________

C.A. “Lex” Deems, Chairman

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James C. Watkins, Clerk