A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MAY 9, 1978

The Lake County Board of County Commissioners convened in Regular Session on Tuesday, May 9, 1978 at 9:00 a.m. in the Board of County Commissioners’ Room, Courthouse, Tavares, Florida.  Present were:  James R. Carson, Jr., Chairman; Thomas J. Windram; Glenn C. Burhans; J.M. Hoskinson; and C.A. “Lex” Deems..  Others present were:  James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Jennifer Kennedy, Deputy Clerk.

The Invocation was given by James. C. Watkins and the Pledge of Allegiance was led by Jennifer Kennedy.

MINUTES

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the April 4, 1978 Minutes were approved as amended.

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the April 11th, 1978 Minutes were approved as amended.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the April 25, 1978 Special Minutes were approved as amended.

CETA

Mr. Van Porter, County Personnel Director, and Mr. Harry Spooner, CETA Coordinator, appeared before the Board with a Priority List of Projects and a Priority Worksheet for the Board’s review.  Mr. Porter explained that funds are available thru September 30, 1978 for the programs as listed.  Mr. Porter said neither he, nor Mr. Spooner, could recommend projects 8-12 on the Priority List, since they are duplications of services by other agencies.

After considerable discussion, Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, moved to accept the Priority List as follows:

1.  CITY OF TAVARES – 2 positions - $2,116.00

2.  CITY OF TAVARES – 6 positions $7,116.30

3.  BOARD OF COUNTY COMMISSIONERS – 5 positions - $12,958.34, amended to include Detention Center and Juvenile Center repairs, as well as the painting of the metal maintenance barn roofs.

4.  BCC – 6 positions - $11,835.60

5.  BCC – 20 positions - $29,700.00

6.  LAKE SUMTER MENTAL HEALTH – 2 positions - $8,250.00

7.  BCC – 23 positions - $79,237.66

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board denied Projects 8, 9, 10 and 11 (as listed below) on the basis they are a duplication of services already provided by either the School Board, Lake Community Action Agency, Health & Rehabilitative Services, the Health Department, or fall under a Title III classification, of which no excess funds are available.

8.  AGRICULTURAL & LABOR PROGRAM, INC. – 4 positions - $30,153.40

9.  AGRICULTURAL & LABOR PROGRAM, INC – 7 positions - $51,695.20

10.  FLORIDA NATIONAL BLACK UNITED FUND – 5 positions - $28,358.24

11.  FLORIDA NATIONAL BLACK UNITED FUND – 4 positions - $36,863.28

The Lapse Funds Priority Worksheet was then discussed with similar recommendations by Messrs. Porter and Spooner.  It was pointed out that these positions are new positions made available with funds maintained in the budget thru attrition.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the Worksheet Titles 1-7 as presented and listed:

1.  CITY OF TAVARES - $1,145.34

2.  CITY OF LEESBURG - $3,022.36

3.  CITY OF LEESBURG - $3,022.99

4.  CITY OF MASCOTTE - $3,955.64

5.  DIVISION OF FORESTRY - $3,585.06

6.  HEALTH DEPARTMENT - $3,334.37

7.  DIVISION OF FORESTRY - $3,325.48

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board denied Priority Worksheet Titles 8-12 as listed:

8.  FLORIDA NATIONAL BLACK UNITED FUND - $3,900.00

9.  FLORIDA NATIONAL BLACK UNITED FUND - $2,940.80

10. FLORIDA NATIONAL BLACK UNITED FUND - $2,940.80

11. FLORIDA NATIONAL BLACK UNITED FUND - $2,940.80

12. FLORIDA NATIONAL BLACK UNITED FUND - $2,940.80

OUTDOOR RECREATIONAL FACILITIES/CETA

Discussion was held regarding a summer recreation program in the Umatilla-Groveland area which was previously operated by HRS, but which we could now operate under Title I – CETA at $8,000.00.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the Umatilla-Groveland Summer Recreational Program as submitted by Mr. Spooner, subject to the County being able to make the financial commitments which are acceptable to the State Auditor and the Federal Government.

FUND – TRANSFER

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the following transfers were approved as requested by Mr. Porter:

1. $300.00 from Travel Account #2552328 to Maintenance of Equipment Account #2552338.

2.  $300.00 from Travel Account #2552328 to Gas Account #2552201.

ORDINANCE

At 10:30 a.m. the Chairman announced the time had arrived for the Public Hearing to consider adoption of a Child Care Ordinance.  It was noted that the proper proof of publication was on file and discussion would occur before it is put on the floor.

Mr. Ken Bragg, Director of the Vocational-Technical Center in Eustis was present to discuss several suggestions he would like to see incorporated into the body of the Ordinance.  The Chairman later heard similar ideas from a Mrs. Schilling and Mrs. Smith, both operators of their own Day Care Centers.  Mr. Bragg expressed concern that the Ordinance’s wording, particularly Section 10, Page 20, (a) and (b) under Educational Requirements, should state more specifically that the “requirement” stated, should be in an “approved or accredited institution” with perhaps a time limit (1980) by which these requirements must be met, not just by one staff member, but by all employees.

Dr. June Murray was present to discuss points as they were brought to the attention of the Board.  She stated that certain facilities would be grandfathered in, in that while they would not meet the educational requirements, they would more than meet the requirements of actual experience.

Concern was shown by those present that private homes are violating rules of keeping more than 4 children.  Dr. Murray agreed that it is most difficult to actually determine how many children one homemaker may be keeping on a regular basis, versus how many she says are visiting for a day and no more.

At this time, the Chairman postponed the Public Hearing on the vacation of Faulkner Ave. to 11:15 a.m. or as soon thereafter as possible to finish the discussion on the above Ordinance.

Further concern was shown regarding the ratio of adults to children.  Mrs. Linda Shirley, owner of a Center in Eustis, pointed out that the age of the children is a big factor in determining that ratio.  Discussion continued.

On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the consideration for adoption of this Ordinance was postponed until May 16th, 1978, 1:30 p.m.

The public was invited to attend an additional workshop regarding discussed changes on Wednesday, May 10th, 1978, at 2:00 p.m.

ROAD CLOSING

At this time, the Chairman announced that the time had arrived to consider the vacation of Faulkner Avenue in Leesburg.  The proper proof of publication was recorded and is as follows:

That portion of Faulkner Avenue lying between Main Street (State Road No. 44) and Crosby Street, all of which lies within the corporate limits of the City of Leesburg, Florida.

 

Mr. Merritt Fore, representing Vernon Cooper, and Mr. Bill Yuller, representing Leesburg Building Materials, Inc., were present to answer any questions the Board might have.  It was pointed out that Faulkner Avenue has never been dedicated to the public.  Discussion occurred.

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried, the Chairman was authorized to sign the necessary papers, once additions were included, authorizing the closing of this road.  The addition to the Resolution should be a more detailed description of said road, calling it an extension of the platted Faulkner Avenue.  Commr. Windram abstained from voting due to an interest in adjoining property.

ROAD CLOSING

At this time the Chairman announced the time had arrived to consider the vacation of an un-named street in Monte Vista.  The proof of publication was presented to the Clerk and reads as follows:

That certain un-named street running East and West as shown on the plat of Monte Vista Park Farms, a subdivision recorded in Plat Book 2, Page 27, Public Records of Lake County, Florida, which runs through the following described property:  Begin at the NE corner of Tract 50, Monte Vista Park Farms, Section 8, Twp. 235, Rge. 26E, as recorded in Plat Book 2, Page 27, Public Records of Lake County, Florida, and as shown on the plat of Lancaster Beach on Lake Louisa as recorded in Plat Book 12, Page 22, of the Public Records of Lake County, Florida; thence run S 88 degrees 36’ East 15 ft. to the point on the East line of said Section 8, according to the said plat of Lancaster Beach; run thence Northerly along said Section line 564.0 ft., thence N 88 degrees 36’ West 1320 ft., thence S 00 degrees 46’ West 563.18 ft. to the North line of said plat of Lancaster Beach; thence S 88 degrees 36’ East along said North line of Lancaster Beach 1304.36 ft. to POB.

Mr. Dewey Burnsed was present to discuss this closing with the Board.  Two adjacent property owners were present.  Mr. Larry Stahl who was concerned he would not have access to Hwy 27 should this road be closed; and Mr. Harold Stevens, who expressed the hope he would still be able to use the road to reach a nearby lake.  Discussion occurred.  Mr. Burnsed indicated he would make every effort to accommodate Mr. Stevens.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved the closing of said road and requested, per the County Attorney, that wording be added to the Resolution showing that title will revert back according to law.

ROADS/COUNTY

Lengthy discussion occurred between a Mr. Crosswaite and the Board regarding the road in front of his house.  At this time, the County Engineer reported that there were right-of-way problems with that particular road, and presently it was not being considered for paving.  The Board discussed with Mr. Crosswaite the possibility of lowering the speed limit to 25 mph as well as adjacent property owners joining in and investigating a lien assessment.

At this time, Commr. Carson excused himself from the meeting for approximately five minutes; Commr. Hoskinson assumed the Chairmanship and continued discussion with Mr. Crosswaite.

Upon Commr. Carson’s return to the Chairmanship, discussion with Mr. Crosswaite was summarized, and it was requested that he have a local resident who would be willing to work closely with the Public Works Department, contact Bob Andrew regarding paving under the assessment program.

BIDS

At this time, the Chairman postponed the awarding of the bid on Project #230, Church Loop  & Alco Road, to 3:00 p.m. or as soon thereafter as possible.

RECESS AND REASSEMBLY

At 12:20 p.m. the Chairman announced the Board would adjourn for lunch at the Park Restaurant.  The public and press were invited on a dutch-treat basis.  The Board will reconvene at 1:30 p.m.

OUTDOOR RECREATIONAL FACILITIES

Mr. Ed Zagar, Florida Game and Fresh Water Fish Commission, appeared before the Board regarding the Tavares Fishing Pier.  Discussion followed regarding the Board’s maintenance of the Fishing Pier area.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Chairman was authorized to sign the Contract and Agreement between the County and the Department of Natural Resources, subject to the following clause being added:

The Commission has the right to destroy the fishing pier, if in their opinion it becomes economically unfeasible to repair and maintain the same.  It is further understood that the pier has been constructed so that it should have a useful life of approximately 20 years.

LANDFILLS/OUTDOOR RECREATIONAL FACILITIES

Commr. Deems read a letter from the law firm of Sellar & Sewell representing Mr. Ruth Rowley regarding her dissatisfaction with trespassers at the Lady Lake Landfill and asking the Board’s assistance in posting the landfill to eliminate the problem.

At the May 2, 1978 meeting of the Board, the Lady Lake Landfill had been considered as a possible site for dirt bike races.  In view of Mrs. Rowley’s feelings, the dirt bike race site matter was referred to Commr. Hoskinson, who stated he would investigate the possibility of the Lone Pine Pit.  It was requested that the Clerk notify Mrs. Rowley that the letter was referred to the County Engineer for investigation of posting.

ROADS – COUNTY

It was brought to the attention of the Board that a Petition had been drawn by residents on Vincent Drive to install speed bumps.  It was requested that Mrs. Simanoski be written a letter explaining that we shall request that the 25 mph speed limit be enforced, but that due to liability reasons, speed bumps could not be installed.

ZONING

ZONING VIOLATION ZV-78-29 – MR. JAMES SPILLERS

No one appeared before the Board regarding this case.  It was brought before the Board as an “Addendum” requesting additional time for Mr. Spillers to come into compliance, since the people involved were either sick or out of town.

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board moved Mr. Spillers be given an additional 120 days in which to comply.

ZONING VIOLATION ZV-78-35 – PAUL OKONSKI

No one appeared before the Board regarding this case.  On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Board granted Mr. Okonski 30 days in which to come into compliance, contingent upon his ceasing all sales immediately.  This case was also an “Addendum” to an earlier hearing.

ZONING VIOLATION ZV-78-34 – FRANK ADAMS

Mr. Frank Adams was present to discuss his case with the Board.  Discussion occurred and Commr. Carson informed the Board that he and Mr. Andrew had not had an opportunity to meet with Mr. Adams as of this date and suggested an additional time period be granted Mr. Adams.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, Mr. Adams was given an additional 30 days to comply.  Commr. Carson further stated that he and Mr. Andrew would be getting in touch with him as soon as possible.

ZONING VIOLATION ZV-78-38 – HOWARD WEDDEN

No one was present to discuss this case with the Board.  On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board found Mr. Wedden in violation and granted him 30 days to come into compliance.

ZONING VIOLATION ZV-78-39 – GEORGE MCCOMB

Mr. Lee McComb was present to discuss this violation with the Board.  After considerable discussion and on a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, Mr. McComb was found to be in violation and granted 60 days in which to comply.

ZONING VIOLATION ZV-78-41 – CHARLES WILLIS

No one was present to discuss this case with the Board.  On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, Mr. Willis was found to be in violation and granted 30 days in which to comply.

ZONING VIOLATION ZV-78-42 – GORDON ROEPKE

No one was present to discuss this violation with the Board.  On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board found Mr. Roepke in violation and granted him 30 days in which to comply.

ZONING VIOLATION ZV-78-44 – O.M. LEE

No one was present to discuss this violation with the Board. Discussion occurred.  Mr. Willett said he is working closely with Mr. Lee and would recommend a postponement of this case in the hopes it can soon be resolved.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board granted a postponement of 60 days until July 11, 1978.

ZONING VIOLATION ZV-78-45 – THOMAS E. JONES

No one was present to discuss this case with the Board.  On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board found Mr. Jones in violation and granted him 30 days in which to comply.

ZONING VIOLATION ZV-78-47 – TONY FREEMAN

No one was present to discuss this case with the Board.  On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board found Mr. Freeman in violation and granted him 30 days in which to comply.

ZONING VIOLATION ZV-78-48 – ANDREW SABO

Mr. Andrew Sabo was present to discuss his violation with the Board.  Discussion occurred.

On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board granted Mr. Sabo a 30-day postponement until June 13, 1978, 2:00 p.m. or as soon thereafter as possible.

ZONING VIOLATION ZV-78-49 – ROY UHLMANN

Mr. Roy Uhlmann was present to discuss his case with the Board.  Mr. Willett stated that he had been contacted by Mr. Uhlmann’s attorney who had requested a postponement of this case.  Mr. Uhlmann stressed the fact he was unaware he is violating any laws, since he does not believe he is conducting any commercial activity, but rather only storing a product.

Several concerned area residents and neighbors (Curry, Baldwin and Moyer, as well as others who came to observe) were present.  The feeling of neighbors was that Mr. Uhlmann was in violation.  They were concerned regarding the traffic volume (especially semi-trucks) and the safety of their children as well as the additional noise generated from the additional activities.  Several neighbors voiced the opinion they did not wish to see Mr. Uhlmann continue any activity even one additional day.  Discussion continued.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board found Mr. Uhlmann in violation and granted him 30 days to relocate his activities, contingent upon his immediately discontinuing the use of tractor trailer trucks to move his product—with the exception of one semi-truck due in in approximately 10 days (May 16 or 17).

bonds

On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board approved the request of Billy Mobley to live in a mobile home on the same piece of 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.  Commr. Burhans was out for the vote.

recess and reassembly

At this time, the Chairman called a brief recess (3:55 p.m. to 4:05 p.m.)

roads/subdivisions

On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the Board authorized the Chairman to sign the replat of Country Club Ridge Subdivision.

bids

At this time Project No. 230 – Church Loop and Alco Road – bid proposals were discussed.  Bids received on April 21st, 1978, are as follows:

K & L Contractors, Inc.                       $80,774.00

Superior Asphalt                                  $115,502.68

Leecon, Inc.                                        $128,728.96

Square G. Construction Company         $133,197.45

Mr. Andrew, County Engineer, informed the Board he had a letter from K & L Contractors, Inc. withdrawing their bid due to unintentionally omitting some items.  Discussion occurred.

On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board rejected K & L Contractors’ bid on the basis the County Engineer felt it was incomplete.

It was the feeling of the Board that if they accept K & L’s withdrawal at this time, bidders would then feel free to withdraw their bids in the future if they were the low bidder by a large sum.  It was felt more stringent engineering is needed in the formulating of these bids in order that they remain competitive.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board awarded Project No. 230 to Superior Asphalt in that it was the lowest and best bid meeting county specifications.

county roads

Discussion occurred regarding a request from a Mr. Jack Barrett, Pine Lake Vol. Fire Dept., concerning what the County can do about the condition of the road in front of the firehouse.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board authorized the acceptance of a 100 yd. stretch of existing road (from 44 to the firehouse) into the county-maintained system.

roads/county

Discussion occurred regarding the roadway leading to the Astatula Landfill from SR 561, a distance of approximately 720’+ into the County Maintained System and assigning it Road #3-3246.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried, the Board declared this a public road effective July 1, 1978, and accepted it into the county maintained system as #3-3246.  Commr. Hoskinson voted “No.”

roads - county

Commr. Burhans brought to the attention of the Board that residents along Lake Dorr Road were requesting that they be allowed to delete Lake Dorr from their Road name and go by the numerical assignment 5-8676.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved for Lake Dorr Road to be known as 5-8676.

bids

Discussion occurred regarding Mosquito Control’s request to purchase a 1977 or 1978 mini truck, of which State II funds in the amount of $3500.00 are available.  Trading in vehicle county #3866 and 2111, Mr. Yoder, Director of Mosquito Control, feels would bring the purchase price in line with the available state funds.

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the above request was approved for the purchasing department to put out to bid.

accounts allowed

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved to secure fire protection coverage from the Astatula Volunteer Fire Department for the Animal Shelter at the annual fee of $50.00.

accounts refused

Commr. Hoskinson moved that Frankie Rouse, Supervisor of the Animal Shelter, be allowed to attend the Fourth Annual Animal Control Seminar at Columbus College, Columbus, Georgia, June 19 – 21, 1978, at a total cost of $165.00.  Discussion occurred.  The motion died for lack of a second.

INSURANCE

Commr. Hoskinson brought to the attention of the Board a request from the Lake County Fire Departments that they be allowed to lower the required amounts of insurance on government excess vehicles on loan to the County as follows:

Bodily Injury         From $100,000.00/$300,000.00

                               To $50,000.00/100,000.00

Property damage remains the same at $50,000.00

Uninsured Motorist       From $100,000.00/$300,000.00

                                    To $50,000.00/$100,000.00

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the above request was approved.  It was further requested that Bob Lewis, Director of Disaster Preparedness, notify all Fire Departments of the above approval.

fairgrounds

Discussion occurred regarding the need for the two maintenance employees recently being paid by the County.

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board requested the Clerk write Mr. Dunbar, Lake County Chamber of Commerce, telling him that the two people employed at the Exposition Center be given due notice that they are no longer needed.

reports

On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board accepted the Traffic-Criminal Distribution of Revenue Report covering April 17 – 21, 1978.

accounts allowed

On a motion by Commr Burhans, seconded by Commr. Windram and carried unanimously, the Fall Term of Circuit Court Bill (10-4-77 – 5-1-78) in the amount of $26,375.50 was approved for payment.

bonds

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the following Contractor Bonds were approved:

1648-78 - Gary L. Pope

1649-78 - Charlie Waters dba Florida Electric Co.

1650-78 – Kenneth E. Drury

1651-78 – Milton Chesser dba AAA Electric Service

0184-78 – Paul M. Snowberger

reports

On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the March 1978 Youth Programs, Inc. Report was accepted.

accounts allowed

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, travel in the amount of $432.50 was approved for three 4-H members and one Adult Leader to attend the National 4-H Citizenship Short Course in Washington, D.C. June 16-24, 1978.

On a motion by Commr. Burhans, seconded by Comm. Windram and carried unanimously, travel in the amount of $30/person was approved for Mr. Stephen G. Smith and Mr. Phillip J. Yoder to attend a Course in Aquatic & Marsh Plant Identification at Florida Tech. Univ., Sept. 6-8, 1978.

accounts allowed

Mr. Ford presented to the Board a Gas Purchase Agreement with Public Gas for the Animal Shelter.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board authorized the necessary signatures on the above-mentioned contract.  It was pointed out that Finance should be made aware of the 10-day remittance clause and work with the gas company on this since the county does not pay bills on that type of a basis.

attorney

Mr. Ford briefed the Board on action he had taken on behalf of Commr. Carson in attempting to defeat House Committee Bill #19 which is now on the Floor and which, if adopted, would impose enormous costs on the county commissioners and local governments.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, Mr. Ford was authorized to continue to fight to kill the above bill.

There being no further business to be brought before the Board, adjournment was at 5:15 p.m.

_________________________________

James R. Carson, Jr., Chairman

_______________________

James C. Watkins, Clerk