A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
MAY 10, 1977
The Lake County Board of County Commissioners convened in regular session on Tuesday, May 10, 1977, at 9:00 a.m., in the Board of County Commissioners’ Room, Courthouse, Tavares, Florida. Present were: C.A. “Lex” Deems, Chairman; James R. Carson, Jr., Thomas J. Windram; Glenn C. Burhans and J. M. Hoskinson. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; Sharon Mitchell and Andrea Gambrell, Deputy Clerks.
MINUTES
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the minutes of the meeting of April 5, 1977, were approved as amended.
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the minutes of April 12, 1977, as amended, except for that portion regarding the discussion which Commr. Hoskinson reported that he had, with the Division of State Planning, involving the Green Swamp Area of State Critical Concern. It was requested that Commr. Hoskinson review this section and have the Clerk resubmit it to the Board for approval.
RECESS AND REASSEMBLy
Due to the noise from the installation of the fire escape on the old Courthouse, the Chairman announced that there would be a ten-minute recess and that the Board meeting would be moved to Courtroom “A”, on the Fourth Floor.
MAPS AND PLATS
Mr. Andrew, County Engineer, appeared before the Board for the approval of the plat of Greenview Estates Subdivision. He stated that the Subdivision met all of the County regulations. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board, upon the recommendation of the County Engineer, approved the plat of Greenview Estates as presented.
maps and plats/contracts and agreements
At this time, Mr. Ford, County Attorney, informed the Board that it had been requested that Silver Lake Country Club, owners of the property on which Greenview Estates will be developed, issue a drainage easement to the County. Mr. Ford stated that this had been done, and the Board needed to approve same.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved and accepted the drainage easement, as presented, in conjunction with the recording of the plat of Greenview Estates Subdivision.
prisoners and jails
Commr. Deems presented, to the Board, a resolution from the City of Clermont supporting the use of the jail to house municipal prisoners at no additional charge to that particular municipality. Commr. Deems stated that the City of Clermont would like to discuss this matter with the Board of County Commissioners. It was requested that the Clerk respond to the letter, which the Board received, and assure the City of Clermont that, when this matter is taken under consideration by the Board, they will be contacted.
appropriations
Commr. Burhans reported, to the Board, on the Manpower Planning Meeting which he recently attended in Tallahassee. He reported that the Home Health Care Program, which is slated to be under the direction of Doctor Murray, was approved for funding; however, he mentioned that the positions would have to be filled under Title 2 Funds which are available.
courthouse
Discussion was held regarding the use of space in the old Courthouse by the Department of Health and Rehabilitative Services. Mr. Ford stated that he had been told that the lease is in the process of being approved by the State of Florida, and he hopes to have formal notification of its approval in the near future.
Discussion was held regarding the move into the new Courthouse. Mr. Ford suggested that the Clerk write to all persons from whom the County is now renting office space, notifying them that the new Courthouse is ready for occupancy and that they will receive formal notification within 90 days of the date which the County plans to vacate the particular office space it is now renting. On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried unanimously, the Board directed the Clerk to write the necessary letters to those persons, from whom the County is renting office space, informing them of the County’s plans regarding the vacation of the particular office.
machinery and equipment/accounts allowED
Mr. Knuckles, Purchasing Director, appeared before the Board regarding the purchase of tapes for the music system in the new Courthouse. He stated that the County could purchase ten-hour tapes at a cost of $90 a tape. He did inform the Board that the supplier has agreed to give the County three, ten-hour tapes at no charge. Discussion was held. It met with the approval of the Board to accept the three ten-hour tapes at this time. It was determined that the purchase of additional tapes would be discussed, at a later time, if the Board felt that additional music tapes were needed.
At this time, Mr. Watkins informed the Board that the sound system was so versatile that an FM receiver or radio could be wired into the system for sound if the Board so desires this form of piped music. The Commissioners were concerned about the commercial advertisements that would be broadcasted throughout the Courthouse if a radio or FM receiver were wired into the sound system. However, a decision on this matter was not necessary at this time. No further discussion was held on the subject.
Mr. Knuckles and the Board discussed the process by which the music would be started and stopped in the new Courthouse. He also suggested that a timer be purchased and that it be set for a particular hour for starting in the morning and stopping in the evening. The Board approved for this timer to be purchased as an item of equipment needed for the new Courthouse.
Mr. Watkins stated that formal approval of this purchase was not necessary because, approximately two weeks ago, the Board had approved a list of equipment needed for the new Courthouse, with the understanding that other items would be added to the list, provided that any item over $100 had been approved by the Chairman of the Building Committee, Commr. Hoskinson, or the Chairman of the Board, Commr. Deems.
At this time, Mr. Knuckles presented, to the Board, a request from the Building Department for permission to purchase an IBM Selectric Typewriter. Mr. Knuckles informed the Board that, in his opinion, the typewriter was not needed in this Department at this time. Due to this information, no action was taken on this request.
appropriations
Commr. Windram presented, to the Board, a request from the Personnel Department to subscribe to the Public Employer Training Reporter through the Bureau of National Affairs at a cost of $396 a year. He stated that this expense can be taken from the CETA Administration Funds. On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the above request and directed that it be taken from CETA Administration Funds.
bonds
On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved the following Contractor Bonds:
1210-77 Gordon J. Wyman, Sr., dba Specialty Contractor
1532-77 Nelson C. Fick (General Contractor)
1533-77 Percy J. Akers (Painting Contractor)
hospitals
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the admission of Samuel Pearlie Thomas to the A.G. Holley State Hospital.
accounts allowed
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved travel for Mary Hamner, Doris Maynard, and Martha Alexander to attend a required Managerial Program in Orlando, May 24, 1977.
accounts refused
Mr. Watkins presented, to the Board, a request from Mr. Haddox to purchase a Lanier Dictating and Transcribing unit. Commr. Burhans stated that the Purchasing Department had not been briefed on this request and suggested that no action be taken until Mr. Knuckles has had an opportunity to evaluate the request and the need for this equipment.
Upon the request of Commr. Burhans, this was referred to the Purchasing Department, and no action was taken on this request.
contracts and agreements
The Clerk presented, to the Board, the agreement, between the State of Florida and Lake County, regarding the rental of space in the new Courthouse for the offices of Offender Rehabilitation. Mr. Ford stated that he had reviewed the lease and that it was in order.
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved the lease as presented and authorized the Chairman and Clerk to sign same.
budgets
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried, the Board approved the amended budget for the Title II Antirecession Funds due to the County’s receiving more funds than were anticipated when the original Budget was prepared. Commr. Hoskinson was absent for the vote.
precincts
Mr. Watkins presented, to the Board, a letter from Emogene Stegall, Supervisor of Elections, informing the Board that Lake County was unable to change its precinct boundaries to visible lines such as rivers, roads, drainage ditches, etc.; and, therefore, was unable to comply with Chapter 76-121 of the Laws of Florida. She stated that other methods would be used in Lake County for taking the census.
communications
Mr. Watkins presented, to the Board, a letter from Senator James Glisson volunteering his time in assisting Lake County in applying for funds for economic development projects since Lake County has been designated as a redevelopment area. No formal action was taken on this letter.
county depositories
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved for Winter Park Federal Savings and Loan Association, Mount Dora Branch, to be a Depository for County Funds.
funds-transfer
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved the following transfers:
(The remainder of this paragraph, consisting of Items 1-6, is not legible from the original Board Minutes)
7. Homes for Infirm
Transfer $1,000.00 from Account #5223330 – “Insurance & Bonds” to Account #5223338 – “Maintenance of Equipment”. Reason: Overexpended.
8. Recoverable Expenditures
Transfer $2,000.00 from Contingency to Account #9102604 – “Recoverable Expenditures”. Reason: Overexpended.
9. Agriculture
Transfer $512.00 from Account #6302402 – “Equipment” to Account # 6302338 – “Maintenance of Equipment”. See attached request.
10. Soil Conservation
Transfer $100.00 from Account #6303402 – “Equipment” to Account #6303205 – “Office Supplies & Expenses”. See attached request.
fine & forfeiture fund
1. County Court
Transfer $1,000.00 to Account #2324334-2 – “Other Court Costs & Fees”.
2. States Attorney
Transfer the following amounts from Account #2332335 – “Telephone” to the designated accounts which are overexpended:
a. Transfer $1,400.00 to Account #2332331 – “Rental”.
b. Transfer $600.00 to Account #2332332 – “Books, Maps, etc.”
c. Transfer $300.00 to Account #2332340 – “Utilities.”
road & bridge fund
1. Transfer the following amounts from Account #4102203-2 – “Culverts” to the designated accounts as some are overexpended and some do not have enough for the balance of the year: (See attached request.)
a. Transfer $1,300.00 to Account #4102205 – “Office Supplies & Expenses.”
b. Transfer $1,000.00 to Account #4102207 – “Tools & Implements, Small”.
c. Transfer $200.00 to Account #4102332 – “Books, Maps, etc.”
d. Transfer $2,000.00 to Account #4102335 – “Communication Costs”.
e. Transfer $2,500.00 to Account #4102337-1 – “Maintenance of Buildings”.
f. Transfer $2,000.00 to Account #4102337-2 – “Maintenance of Grounds”.
2. Transfer $28,319.00 from Contingency to Account #4102330 – “Insurance”.
courthouse
Mr. Watkins presented, to the Board, a letter from Ralph S. Cleland, Lake District Commissioner for the Boy Scouts of America, regarding the participation which the scouting community will take in the dedication ceremony of the new Lake County Courthouse to be held on May 17, 1977. It was suggested that the Board adopt a resolution commending the seven young people who will serve as the color guard at the ceremony as well as present them with an 8 x 10 picture of the color guard unit as a memento of the occasion. Discussion was held.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board adopted a resolution commending the seven young people, individually, for their participation in the dedication ceremony of the new Lake County Courthouse to be held on May 17, 1977.
At this time, Mr. Watkins reported, to the Board, that Mr. John Dickerson, Architect, and the Building Committee would walk through the new Courthouse, today, and probably would accept the building at approximately 4:30 P.M. He also reviewed with the Board that the Courthouse would be closed to the public during the move into the new Courthouse facility, at 12:00 noon, Friday, May 13, 1977, and be reopened on Tuesday, May 17, 1977, at 8:30 A.M.
roads subdivision
Mr. Ford reported to the Board that a public hearing must be held by the Board to approve the Special Assessment Roll for Lake Eustis Drive. The Board authorized the County Attorney to confer with the Clerk to determine the appropriate time for this hearing to be advertised for consideration by the Board of County Commissioners. Mr. Ford stated that the necessary paperwork would be ready by June 7, 1977.
recess and reassembly
At 11:00 A.M., the Chairman announced that the Commissioners would adjourn for lunch at the Silver Lake Golf and Country Club. The public and press were invited on a Dutch-treat basis.
zoning
zoning violation 77-35 PROPERTY OWNER: WHITAKER, VIOLATOR: PIERCE BROTHers
No one appeared before the Board regarding this case. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board found Mr. Whitaker in violation, declared the violation a public nuisance and gave him 15 days in which to cover or remove the debris and garbage from the property in question.
zoning violation 77-36 john l. brown
Mr. Willett informed the Board that he had received a letter from Mrs. Brown stating that her husband was in the hospital due to a stroke and would try to find someone to clean up the property. On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board found Mr. Brown in violation and declared the violation a public nuisance and gave Mr. Brown 90 days to find someone to clean up the property and comply with Ordinance 70-1.
zoning violation 77-37 driscoll townsend
No one appeared before the Board regarding this case. On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board found Mr. Townsend in violation, declared the violation a public nuisance and gave him 30 days to comply with Ordinance 71-6.
zoning violation 77-39 william quale
No one appeared before the Board regarding this case. On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board found Mr. Quale in violation, declared the violation a public nuisance and gave him 30 days to comply with Ordinances 71-6 and 70-1.
zoning violation 77-34 john darrow
The Board was briefed on the status of this case. Mr. Willett stated that this property was rezoned to CP, which required site plan approval by the Board. He stated that the previous owner, Mr. Fisher, received this approval and that the Board required a fence to be placed around the property. He informed the Board that Mr. Fisher sold the property and that the present property owner does not want to erect a fence.
recess and reassembly
Commr. Deems announced that, because the County attorney was delayed in returning to the meeting from lunch, he would like to call a 10-minute recess, because he felt that the Attorney should be present to advise the Board on the proper action to take regarding several cases that were scheduled to come before the Board.
zoning violation 77-34 john darrow
Discussion was held. Commr. Carson stated that he remembered the discussion very well and that he thought it was the feeling of the Board that a fence be placed around this facility.
Mr. Dewey Burnsed, attorney representing Mr. Darrow, appeared before the Board and stated that, when his client purchased the property, the records in the Planning and Zoning Department were reviewed and nowhere in the records was it indicated that the Board had required a fence to be placed around the property in question.
Mr. Ford, County Attorney, suggested that this case be postponed in order for him to confer with Mr. Burnsed on this matter.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board postponed this case until June 14, 1977, at 2:00 P.M. or as soon thereafter as possible.
zoning violation 77-40 c. e. middlebrooks
Mr. Ford reported, to the Board, that he had contacted Mr. Middlebrooks and WORJ Radio regarding the concert that was held at Wekiva Springs and stated that everyone was very cooperative. Mr. Ford further stated that he had obtained a signed agreement, from Mr. Middlebrooks, in which he gives up his right to be notified of an injunction filed against him by the County should an activity of this type be planned again, for Wekiva Canoe Park, Inc.
Mr. Willett discussed the terms of the CUP, under which Mr. Middlebrooks is operating the Wekiva Canoe Park, and voiced his opinion that Mr. Middlebrooks may be in violation of his CUP due to some of the added facilities and activities he has planned for the property.
Mr. Middlebrooks appeared before the Board and stated that he had no intention on creating a major recreational facility on his property but did state what he hoped to have available to his patrons.
Mr. Ford recommended that Mr. Middlebrooks confer with the Planning Department to obtain the necessary approvals to erect certain structures on the property which are covered under the CUP.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board tabled action on this matter and directed Mr. Middlebrooks to confer with the Planning Department regarding the plans he had for future facilities at Wekiva Canoe Park; and that he obtain the necessary approval and permits for activities held on the property in question, in the future.
zoning violation 77-38 john stiggens, violator: m. borders, owner
Mae Borders appeared before the Board and stated that, several years ago, she had built a home for Mr. Stiggens on the property in question. However, he has recently moved a mobile home, in which to live, onto the property, without her permission.
Mr. Stiggens appeared before the Board and stated that the property belonged to him and not to Mrs. Borders.
Mrs. Hall, Zoning Officer, stated that, according to the records, a foreclosure was held on the property; and the property now belongs to Mrs. Borders. Discussion was held and it was determined that the property was in violation because there were two dwellings on the property. It was evident that there was some confusion between Mrs. Borders and Mr. Stiggens as to who had ownership of the property.
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board found Mrs. Borders and Mr. Stiggens in violation, declared the violation a public nuisance stated that, within 30 days, either the conventional dwelling or the mobile home must be removed from the property.
Mr. Ford suggested that Mr. Stiggens confer with his attorney, Mr. Hunter, about the foreclosure on the property.
public health-sewer plants
At 3:00 P.M., Mr. Hugh Harling, Consultant from Post, Buckley, Schuh and Jernigan, appeared before the Board to discuss the North Lake County 201 Facility. It was stated that this meeting was being held at the request of the City of Mount Dora.
Mr. Harling briefly explained the reason why Modified Plan C was the most cost effective way to institute the 201 Plan in Lake County. He also stated that he felt that, although there were other means of implementing this system, EPA would not fund a plan that was not cost effective to everyone concerned.
Discussion was held regarding whether or not Lake County would enforce the sewer assessment in the unincorporated areas of Lake County. It was stated that this decision would have to be made by the County at its public hearing scheduled for next week.
Mr. Smith, Mount Dora’s 201 Consultant, appeared before the Board to voice his objection to Modified Plan “C” stating that it was not the most cost effective way to implement the 201 facility Plan in Lake County. He also stated that, as Mount Dora’s Consultant, he could not advise for Mount Dora to approve or accept this plan.
Mr. John De Mudd, 201 Consulting Engineer for the City of Eustis, appeared before the Board and stated that the City of Eustis is wiling to cooperate in any plan that can be agreed upon.
It was stated that, if all the municipalities agreed upon a plan and Mount Dora did not wish to participate in the plan that the majority of municipalities had agreed upon, it would cost Mount Dora a great deal more money to hook up to the system in the future.
courthouse
Mr. Watkins reported to the Board that the Building Committee had gone through the building and was ready to have the Board formally accept the Building with the stipulation that all deficiencies noted on the “Punch Lists” made by the Architect and Mr. Gene Dixon be corrected within 45 days.
accounts allowed
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved payment to the Architects in the amount of $1,602.05 which is in compliance with their contract.
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved payment to P & C Thompson Brothers in the amount of $52,041.00 which is in compliance with their contract.
courthouse
Mr. Watkins stated that the General Contractor has suggested that the Board approve the completion of expansion rooms within the Courthouse at a cost of approximately $15,936.00. He stated that the Committee felt this would be unwise because departments may “Claim” these areas and it would be difficult for the County to use them for expansion room in the future and recommended that the Board leave these areas “raw” at this time.
The Board took no action regarding the completion of the expansion areas.
accounts allowed
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved travel for Nancy Chrissinger and Kristin Tetsworth to attend a meeting in Tampa, on May 25-27, 1977, regarding the Comprehensive Plan.
resolutions
Mr. Ford discussed, with the Board, the results of the Legislative Delegation Meeting regarding the proposed legislation by the County Property Appraiser.
Discussion was held. Mr. Ford stated that Senator Glisson indicated that, if the cities, School Board, and County Commission sent him a resolution opposing this legislation, he would do what he could to have the bill defeated.
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board adopted a resolution opposing House Bill 1726 and directed that it be sent to our Legislative Delegation.
accounts allowed
Mr. Ford presented, to the Board, a bill incurred by his office on road suits which he handled for the Department of Transportation. He stated that these bills would be paid by the DOT, but that they first needed approval from the Board of County Commissioners.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the following bills:
11640-2609 $1650
11640-2609 2250
11140-2504 1500
At 5:10 P.M., the Chairman announced that the Board would adjourn and then reconvene in Executive Session to discuss Labor matters with Mr. Evan Porter, Special Assistant to the Board.
______________________________
C. A. “Lex” deems, chairman
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JAMES C. WATKINS, CLERK