A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

OCTOBER 18, 1977

The Lake County Board of County Commissioners convened in regular session on Tuesday, October 18, 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.; J. M. Hoskinson, Thomas J. Windram; and Glenn C. Burhans.  Others present were: James C. Watkins, Clerk; Richard Hennings, Representative from the County Attorney’s Office, for the morning session; Christopher C. Ford, County Attorney; for the afternoon session; and Jennifer Kennedy, Deputy Clerk.

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

road closing

At 9:00 A.M. the Chairman announced it was time to hear the Road Closing regarding Howard Avenue in Lake Gertrude Groves which had been postponed from October 4th.

Mr. Tom Champion, Petitioner, was present with his attorney, Mr. Dewey Burnsed, who discussed with the Board their feelings as to why Howard Avenue should be closed.

Mr. Emmett Tally, attorney for Jack Matsche, owner of adjoining property that is served by Howard Avenue, was present to oppose the closing of this road.

After considerable discussion, the Board expressed regret that the two property owners had been unable to arrive at a satisfactory compromise during the two-week postponement of this case.  At 9:55 A.M. the Chairman called a 5-minute recess.

At 10:00 A.M. the Chairman reconvened the meeting and was informed that the attorneys for both sides felt they had reached a satisfactory compromise which needed to be presented to Mr. Matsche, since he was not present at this hearing.

On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board moved to postpone this Road Closing until 9:00 A.M., November 1st, 1977.

planning & zoning

cup 571-5 – Mr. Laurier A. Beard

Mr. Beard had appeared before the Board last week and further discussion was postponed until this time to allow for the County Attorney and the Planning Department to further investigate.

Mr. Michael Willett, County Planning Director, read a letter from Mr. Dan Robuck, County Attorney’s Office, expressing his opinion regarding the routes the Board would take.

Mr. Laurier A. Beard, petitioner, was present to discuss this CUP with the Board, as well as Mr. Peter Demeroff from the Lakeview Retirement Center.  Messrs. Beard and Demeroff stated that as the CUP now read, they would be unable to financially comply with the amendment at this time; and should the CUP be accepted, they would be unable to obtain further necessary permits.  Discussion followed.

On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board waived the requirement of a one-year waiting period for Mr. Beard to re-apply for a new CUP.  Commr. Hoskinson was not present for the vote.

minutes

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the minutes of September 6, 1977, as amended.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the minutes of September 13, 1977, as amended.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the minutes of September 20, 1977, as amended.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the minutes of September 28, 1977, as amended.

county supplies

Commr. Deems brought before the Board a request from the Oklawaha Basin Recreation and Water Conservation and Control Authority to have ten (10) speed limit signs made up at the County Sign Shop at the Authority’s expense.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved for the Oklawaha Basin Recreation and Water Conservation and Control Authority to have ten speed limit signs made at the County Sign Shop at the water authority’s expense.

roads-county

Commr. Deems read a letter from DOT regarding the State Primary Roads in Lake County which will be deleted from the System.  No action was necessary.

county employees

Commr. Deems informed the Board that Mr. Wilbert Benedum had accepted the Field Superintendent position offered him and will report for work on November 1st, 1977.

Mrs. Mary Hamner, Administrator, Lake Memorial Nursing Home, appeared before the Board regarding six employees’ salaries in relation to local hospitals and nursing homes.  No action was taken at this time.

accounts allowed

Gary Knuckles, County Purchasing Agent, appeared before the Board regarding two purchase requisitions.

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved the purchase of one (1) IBM Selectric Typewriter, at the State bid price, for the Veteran Service Office.  Mr. Knuckles stated that $700 had been budgeted, but that it would cost $707.40.

Discussion followed regarding the advisability of trading-in old typewriters.  Mr. Watkins stated that Mr. Knuckles was working with Mr. Darwin Deland, Deputy Clerk in charge of property records, in gathering all possible information on trade-ins.  Mr. Knuckles was authorized to trade-in any county machines in the best interest of the County, wherever possible.

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the purchase of one Lanier Transcriber at a cost of $185.00 and one Bulk Eraser at a cost of $19.50 for the Planning and Zoning Departments.  This was a budgeted item.

animal control

Mr. Watkins read a Memorandum from Frankie Rouse, Animal Control Supervisor, regarding missing certificates and monies.  Discussion followed.  Although the amount was small it was decided to turn the matter over to Christopher Ford, County Attorney, for his advice on preventing this in the future.

budgets

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board adopted the Supplemental Budget for CETA – Title I – Section 112 Fund in the amount of $25,893.00.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board adopted the Amended Budget for the CETA Title VI Projects Fund in the amount of $1,457,174.30.

At this time Commr. Burhans requested that Mr. Spooner, CETA Coordinator, have a courtesy card for gasoline.  Mr. Watkins said he saw no problem with that request.

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board adopted the amended Budget for the CETA Title I Fund in the amount of $621,697.00.

tax collector/annual report

On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board accepted the Annual Report from the County Tax Collector for the fiscal year October 1, 1976 – September 30, 1977.

bonds

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

    70-78 – Herman C. Tietgens (Painting)

1231-78 – Bruce Blakemore (Masonry)

1589-78 – Freddie F. Fleming (Electrical)

1590-78 – Lamar Stokes, Jr. (Plumbing)

1591-78 – Alan J. Marquis (Heating & Air Conditioning)

 

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

    24-78 – James Lenhart

  205-77 – Ernest L. Parkhurst

  490-76 – Gilileo Roofing

1065-77 – Hurston Enterprises, Inc.

1354-77 – Thrift-Line Construction

1369-76 – Norman Boosey

1511-77 – George Hart

1564-77 – Norman Schiff

 

insurance/county buildings

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved for the Clerk to sign an “Exclusion of Specified Premises or Operations” endorsement eliminating insurance coverage on the Lake County Nursing Home since it is now covered under St. Paul with Lassiter-Ware.

reports

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the monthly Youth Programs Report for the month of September.

accounts allowed

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved payment of the following vouchers:

1976-1977       General Revenue----------------------------------- 3494-3533

                        Auto Inspection-------------------------------------- 245-251

                        Fine & Forfeiture------------------------------------- 562-563

                        Road & Bridge------------------------------------------- 1276

                        COR CO. Bldgs.------------------------------------- 102-110

                        Fish Conservation------------------------------------------- 22

                        DWI---------------------------------------------------- 35-41

                        CTA II-------------------------------------------------- 82-93

                        CETA I PSE----------------------------------------------- 16

                        CETA VI Projects-------------------------------------- 40-52

 

1977-1978       General Revenue----------------------------------------- 8-18

                        Auto Inspection-------------------------------------------- 1-2

                        Fine & Forfeiture------------------------------------------ 2-7

                        County Transportation Trust---------------------------------- 2

                        Section 8------------------------------------------------- 1-17

 

indigents

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the following change on the Indigent List:

ADD    Robert Woods for Freddie Martin                    Dist. 1              $60.00

resolutions

Mr. Hennings presented to the Board a letter from Commr. Allen E. Arthur, Jr. of Orange County, requesting the Board support Orange County in its stand on opposing a ten-year lease program for camps on the Wekiva River.

On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried, the Board moved to send an appropriate Resolution in support of keeping the Wekiva River as a natural resource.  Commr. Carson voted “No,” stating since it was not in our county he didn’t feel we should spend any money to fight it.

RECESS AND REASSEMBLY

At 12:00 NOON the Chairman announced that the Board would adjourn for lunch to the Park Grill Restaurant in Tavares; the public and press were invited on a Dutch-treat basis.

The Board reconvened at 2:00 P.M. for Rezoning Hearings.

planning and zoning

REZONING 99-77-4  R-1-7 to RR  Joseph Hussey

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

rezoning 98-77-4  C-1 to C-2 for auto parts store  Eula High

Mr. William LaBud, purchaser of the property, appeared to object to the Planning and Zoning Board’s recommendation to rezone to CP rather than his requested C-2.  Mr. LaBud stated that he felt the CP zoning would be restrictive to him in that he would have to appear before the Board for every tenant he wanted in his shopping center.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Board and granted rezoning to C-2 as originally requested by the petitioner.

rezoning 96-77-4  RR to R-1-7  Tom Winder

No one appeared before the Board regarding this case.  The case had been postponed by the Planning and Zoning Board.  On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board moved to postpone this case until November 15, 1977, 2:00 P.M., or as soon thereafter as possible.

rezoning 101-77-1  r-1-7  to R-1-5  Kathrene Ross

No one appeared before the Board regarding this case.  On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied R-1-5 zoning, but granted RM.

rezoning 95-77-1  4-1-7  to R-1-5 or RM  Raymond E. Pfeiffer

Mr. and Mrs. Raymond Pfeiffer were present to oppose the recommendation for denial by the Planning and Zoning Commission.  Mr. Frank Chambers, an adjoining property owner, was also present to oppose the Planning and Zoning Commission’s recommendation.

Nancy Horton, a resident of Bassville Park, was present and expressed her support in favor of the Planning and Zoning Commission’s denial recommendation.

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 denied.

cup 590-1  CUP in RR for fire station  Larry C. Lipps

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

REZONING 104-77-1  RMRP to A  Ronald Hopwood

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

cup 595-1  CUP in A for fishing resort  Ronald Hopwood

Mr. Tom Kelly, project engineer from Bowyer-Singleton & Durden, was present to discuss the proposed design for this project with the Board.  Discussion followed.

On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board moved to uphold the Planning and Zoning Commissions’ recommendation and grant the CUP with the following amendments:

Item #3 mentioning 59-1/2’ for the mean high water line.

Item #13 mentioning 61’ as the building slab elevation level.

Add Item #14 which will be a Hold Harmless Clause.

Renumber the remaining two items to Items 15 and 16 respectively.

Commr. Hoskinson was absent for the vote.

rezoning 97-77-1  rr to A   Charles R. Kreider

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

rezoning 100-77-2  r-1-7  to M-1  B. M. Tucker

No one appeared before the Board regarding this case.  On a motion by Commr. Windram, seconded by Commr. Burhans and carried, the Board upheld the recommendation of the Planning and Zoning Commission and granted the rezoning to M-1.  Commr. Carson was out for the vote.

cup 593-2  cup in A   Jack Bradley

Action was taken on this CUP at the Special Board meeting of September 28th, 1977, when the CUP was granted.

cup 592-2  cup inRoper Brothers

No one appeared before the Board regarding this case.  On a motion by Commr. Burhans, seconded by Commr. Windram and carried, the Board upheld the recommendation of the Planning and Zoning Commission and granted the CUP.  Commr. Carson was absent for the vote.

rezoning 102-77-2  a to rm  Raymond Sullivan

Mr. Raymond Sullivan of Groveland was present to discuss his rezoning case with the Board.  Discussion followed.

On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried, the Board upheld the Planning and Zoning Commission’s recommendation for denial of the RM Zoning.

cup 589-2  cup in A  Peggy Wilcox

Mr. Willett informed the Board that the application for this CUP had been withdrawn.

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved the withdrawal of this CUP.

rezoning 103-77-3  r-1-7 toBarbara G. Harmon

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

cup 594-3  cup in C-1 and RP  r. Dewey Burnsed

No one appeared before the Board regarding this case.  On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and granted the CUP, as amended.

cup 591-3  CUP in A  Richard Shank

Mr. Willett informed the Board that there was a request for postponement regarding this case.  On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Board and granted the rezoning to CP.

rezoning 105-77-3  LM/rp to cp  Albert Kreibich

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

cup 596-4  CUP in A  Claude Sparks

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

bonds

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request of Frank Kappel to live in a mobile home on the same piece of property on which his conventional dwelling is being constructed provided that the proper bond is 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.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request of Otis Chambers to live in a mobile home on the same piece of property on which his conventional dwelling is being built provided that the proper bond is 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.

cancellation of bonds

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board moved to cancel the following mobile home bonds since they were in compliance with the Mobile Home Agreement; that is, the house has been completed and the mobile home moved from the property:

Ballin D. Kent                                         Sidney Williams

Lamar Martin                                          T. E. Carr

Robert Molinary                                      Travis Woodham

Richard Woody                                      Eugene Joslyn

Franklin Hodge                                       Higino Rivera

Wayne Bird                                            Larry Pettis

Mark Cook                                            Ben Davis

Jo Ann Starkey                                       Charles Zimmerman

Ronald Dye                                             John Ausley

Robert Barnes                                         Arthur Pyle

Glenn Burhans

 

roads county

Commr. Deems presented to the Board a request from Shirley Johnson of Groveland Farms for two-hours of grading time on her road.

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved for two hours grading time at a cost of $52 to the Groveland Farms road subject to the funds being received by the Finance Department before the work begins and with the understanding that the County will not be responsible for continued maintenance on this road.

Commr. Windram presented to the Board a request for road work from the Joanna Shores Property Owners Association.

On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board approved for 1-1/2 hours of grader time at a cost of $39.00, plus 20 cubic yards of clay at a cost of $60.00, for a total cost of $99.00, with the understanding that the County will not be responsible for continued maintenance on this road.  (A check in the amount of $99.00 was presented for the Finance Department from Joanna Shores Property Owners Association.)

sheriff

Mr. Ford, County Attorney, brought to the attention of the Board a letter from the Sheriff’s Department requesting an increase in Sheriff’s fees for serving of summons, subpoenas, and executions as provided for in the new Home Rule 125.0166 of the Florida Statutes.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved for an Ordinance to be drawn-up to increase the Sheriff’s fees in Lake County.

county employees

Christopher Ford, County Attorney, informed the Board that it may be less costly for the County to have the two Public Works employees pay their traffic ticket, rather than have his office appear in court on their behalf.  He stated he would get back to the Board with a decision regarding this matter.

suits affecting the county

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved for the Clerk to sign retainer bills from the County Attorney’s office regarding DOT and Lake County vs. Andrew S. Blount; M & L Associates, Inc.; and Robert J. Zammit.

MACHINERY & EQUIPMENT

Commr. Carson presented to the Board a letter from Emogene Stegall, Supervisor of Elections, informing the Board that the County was the successful bidder on twelve Shoup Voting Machines which need to be picked up from Dade City.  Discussion followed covering the cost of having these machines picked up by Leesburg Transfer as opposed to us doing it ourselves.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved for Dan Heald of the Supervisor of Elections Office to rent an appropriate truck at a cost of $60 deposit, $26 a day to pick up the 12 voting machines from Dade City, Pasco County, at a cost of $725.00 each.  It was also requested that the Clerk check to make certain these machines would be covered by our insurance not only while we are transporting them back to Lake County, but also during election time when they are being moved about.

county employees

At this time Commr. Carson brought before the Board Mary Hamner’s (Lake Memorial Nursing Home) earlier request regarding employee salaries, and her desire to have them raised to competitive rates prior to their probationary period being over.  Discussion followed where the matter of County Policy being adhered to was discussed in regards to the hiring practices and probationary periods of employees at the Nursing Home.  This matter was turned over to Commr. Carson who stated he would talk with Mrs. Hamner and stress the importance and necessity of complying with County Policy, as all other Department Heads must.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved a rate increase to $458.33 monthly, effective October 1, 1977, for Dustan Brown, Orderly; Josephine Crisistoma, Nurses Aide; and Willie G. Johnson, Nurses Aide.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved a salary increase to $650.00 monthly, effective October 1, 1977, for Pauline Bush, LPN; Marjorie Summerall, LPN; and Cheryle L. Heiple, LPN.

outdoor recreational facilities

Mr. Ford, County Attorney, informed the Board that his office had investigated the request of Mr. Willard Barnes, representative from the Sheriff’s Department, to remove a barrier from a County-owned canal.  This request was brought up at the October 4th, 1977, meeting.  Mr. Ford informed the Board that upon investigation, it was found that the canal in question is not a public or county-owned canal, but rather a canal which was dug on private property; and, therefore, in his opinion, county funds should not be spent to resolve the conflict amount adjacent property owners.  Mr. Ford stated that a problem did exist with the entrance to the public canal, but he saw no way the county could justify the use of public funds to settle it.

county buildings

Commr. Carson brought to the attention of the Board a Fire Report done on the Lake Memorial Nursing Home.  Discussion followed in which it was pointed out two doors needed replacing.

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board moved for Gene Dixon, Maintenance Supervisor, to receive a copy of the Fire Marshall’s Report, and authorized him to do whatever is needed out of the Building Maintenance Fund.

ceta

Brief discussion was held on the possibility of having the CETA offices in the same building as County Personnel.

There being no further business to be brought before the Board, the meeting adjourned at 4:35 P.M.

 

______________________________

C. A. “lex” deems, chairman

 

__________________________

jAMES C. WATKINS, CLERK