A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JANUARY 2, 1979

            The Lake County Board of County Commissioners convened in Regular Session on Tuesday, January 2, 1979, at 9:00 A.M. in the Board of County Commissioners' Meeting Room, Courthouse, Tavares, Florida. Commissioners present were: James R. Carson, Jr., Chairman: C.A. "Lex" Deems; Glenn Y. Middleton; Thomas J. Windram; and Glenn C. Burhans. 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 Commr. Carson.

            TRANSFER OF CHAIRMANSHIP

            At 9:05 A.M. Commr. Carson announced the time had arrived to turn the Chairmanship over to the 1979 Chairman-Elect, Commr. Thomas J. Windram. At this time the actual transfer of seats took place, along with the acknowledgment of the new Vice-Chairman, Commr. C.A. "Lex" Deems.

            NURSING HOME/COUNTY EMPLOYEES

            At this time Mr. Van Porter, Personnel Director, discussed the filling of the Administrator position at the County Nursing Home. Mrs. Carol McGauvran, an applicant for the position, was presented to the Board and interviewed by the Board as a whole at this time. Discussion occurred.

            On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, Mrs. McGauvran was appointed as the Lake Memorial Nursing Home Administrator. It was understood Mrs. McGauvran would start immediately at a salary of $11,400.00, with a possible increase to $12,000.00 at the end of her probationary period. It was further understood that Mrs. McGauvran would take whatever steps are necessary in securing her Florida Administrator's License as quickly as possible. (She is able to work under an emergency issued license in the interim.)

            MINUTES

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the November 7, 1978, Minutes were approved as amended and corrected.

            CETA

            Discussion occurred regarding the administrative reorganization of the CETA Program. Mr. Porter stated he would be turning over the financial responsibility of the program to the Clerk, who would absorb his present "finance" staff. Mr. Porter further stated his plans include the creation of two additional positions, which at the same time would eventually eliminate two or three present positions. The Board had no objections to Mr. Porter's reorganization and division of powers into 1) Planning Stage 2) Operations and 3) Finance.

            Mr. Porter further stated that, to implement his approach to the program, he would need some minor office renovations: some phone changes and two or three office dividers which he feels will help increase productivity. There was brief discussion regarding the partitions the Property Appraiser has in his offices. It was suggested Mr. Porter work with Mr. Knuckles, Purchasing Director, in investigating different types of partitions.

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, authorization was given for the two or three partitions, processed through the Purchasing Department, as well as the necessary phone changes, processed through the Clerk's office (Mr. Harry Nies).

            ANIMAL SHELTER/COUNTY EMPLOYEES

            Mr. Porter suggested to the Board they may wish to rescind action taken on November 7, 1978, regarding establishing a permanent county position for a Barbara A. Payne, a CETA employee at the County Animal Shelter. Mr. Porter stated the Board had taken that action believing Ms. Payne would not be eligible to continue on the CETA program after January 1979; this is incorrect, Ms. Payne may continue as a CETA employee.

            On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board rescinded the action they took on Page 385, Minute Book 28, during the meeting of November 7, 1978, regarding Ms. Payne.

            TRAVEL CETA

            Mr. Porter informed the Board that, due to a policy change by the State his offices had not been aware of, they are ineligible for travel reimbursement for trips made to Tallahassee and Memphis in April of 1978.

            On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved payment in the amount of $802.90 covering the travel expenses of Terry Miller and Harry Spooner to Memphis, Tennessee, April 26, 27, and 28, 1978, regarding a Federal Aid Briefing; as well as a trip by Harry Spooner, representing Commr. Burhans, to Tallahassee in April, 1978, regarding a State Prime Sponsor Administration meeting.

            PLANNING

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board postponed the scheduled 10:00 A.M. discussion regarding St. John's Riverfront Estates in that Mrs. Irene Lowry, who requested it be placed on the agenda, could not be present at this time.

            MINUTES

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the December 19, 1978, Minutes were approved as amended and corrected.

            ACCOUNTS ALLOWED/ASSESSMENTS

            On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, partial payment in the amount of $6,514.00 was approved for Carroll Contracting and Ready-Mix, Inc. regarding the Pine Ridge Road Lien Assessment.

            RESOLUTIONS/EMERGENCY MEDICAL SERVICES

            Commr. Windram brought to the attention of the Board a request from the East Central Florida Regional Emergency Medical Services Council that Lake County adopt a Resolution (they submitted a draft) agreeing to participate in the "East Central Florida Regional EMS Council."

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried, the Board authorized the adoption of the proposed Resolution as amended.

            Commr. Burhans was out for the vote.

            BONDS

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

            124-79            Glenn Y. Middleton (General)

            1323-79          Gordon L. Dake (Building)

            1563-79          Wayne Dukes (Plumbing)

            1570-79          John C. Reading (Plumbing)

            1613-79          John Brunson dba Clyde Brunson & Sons (Electrical)

            1700-79          Jackie L Asbury dba Asburn Construction Co. (Residential)

            1724-79          Harvey D. Murphy (Air Conditioning)

            1725-79          Ray D. Smith (Electrical)

            1726-79          Kenneth Rike dba Ocala Plumbing Co., Inc.

            Commr. Middleton abstained from voting.

            On the same motion as above the Board approved the cancellation of the following Contractor Bonds:

            118-69            Frank Hipp (General)

            184-78            Paul M. Snowberger

            252-67            Joe W. Crawford

            1295-77          David R. Raulerson dba Raulerson Roofing Co., Inc.

            1318-76          Harvey McGuire dba McGuire Mobile Home Service

            1398-76          Ron Meyer Construction Corp. (Residential)

            1403-76          Frank A. Glattli, Jr.

            1431-76          Alfred E. Tinney (Plumbing)

            1456-77          George Karl Schmidt dba Better Air

            1510-77          Walter A. Ondrizek dba Golmont & Ondrizek, Inc. (Residential)

            1541-77          Craig S. Weber dba Perma-Bilt Pools, Inc.

            1556-79          Carl M. Bailey dba Home Service

            1571-78          Milous Joel Williams

            1647-78          Robert M. Gibson dba Coward Properties, Inc.


            LICENSES AND PERMITS

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved gun permit applications and bonds for the following people:

                        Charles L. Broadway              Bradford E. Brown

                        Oswald F. Greenidge              Lillian Hendrix

                        Ronald Hilton Herd                Violet Miller Herd

                        Ernest Lee Johnson                C. Dayton Kurtz

                        Ronald Thomas LeClaire       William S. McClelland

                        William B. Messick, Sr.         Goodwin M. Nilsson

                        Robert W. Norris                    John M. Petrenosik

                        Lesley Michael Williams


            REPORTS

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board acknowledged receipt of the December 15 and 22, 1978, Traffic-Criminal Department Distribution of Revenue reports.

            AUDITS

            On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of the EDA Block Grant Audit dated November 18, 1977, through August 16, 1978.

            REPORTS

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the final quarterly report for Help Line for the past fiscal year.

            CONTRACTS AND AGREEMENTS

            On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, authorization was given for the Chairman and Clerk to sign "Attachment A" of the Contract between Lake County and the Department of Natural Resources for Aquatic Weed Control.

            FUNDS/TRANSFER

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

GENERAL REVENUE FUND


Elections

Transfer $50.00 from acct. #13-19.329 "Travel & Per Diem"

to acct. #13-19.113 "Personal Services." Reason: Overexpended.


Transfer $25.00 from acct. #13-19.333 "Transportation"

to acct. #13-13.346 "Maintenance of Equipment." Reason: Overexpended.


Aquatic Weed Control

Transfer $200.00 from acct. #45-37.112 "Salaries"

to acct. #45-37.346 " Maintenance of Equipment." Reason: Unexpected repairs.


FINE & FORFEITURE

Transfer $1,000.00 from Contingency

to acct #51-16.640 "Equipment." Reason: Overexpended.


CETA TITLE VI FUND

Transfer $400.00 from acct. #81-51.112 "Wages"

to acct. #81-51.329 "Travel." Reason: Overexpended.


            ACCOUNTS ALLOWED

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

General Revenue

823-937

MVI

41-46

Fine & Forfeiture

78-94

Road & Bridge

224-255

Road & Bridge Special Improvement

1

Fish Conservation

6-7 

N.W. Ambulance

2

N.E. Ambulance

2

N.E. Hospital

4

CETA TITLE I

84-101

CETA TITLE II

89-93

CETA TITLE III

23-27

CETA TITLE VI

69-78

CETA TITLE VI PROJECTS

71-80

            The above motion also authorized changes to the Indigent List - there were no changes this week.

            CONTRACTS & AGREEMENTS/FAIRGROUNDS

            Discussion was held regarding the request to extend the expired County/Fairgrounds Agreement.

            On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, authorization was given to notify Mr. Dunbar, Lake County Fair Association Secretary-Manager, that their contract is extended an additional six months, subject to the same terms and conditions.

            RECESS AND REASSEMBLY

            The Chairman announced a brief recess from 10:50 A.M. to 11:00 A.M.

            COUNTY EMPLOYEES/ATTORNEYS

            At this time, Mr. Virgil Hawkins appeared before the Board representing Ms. Annie Ruth Riggins and asked that she be reinstated as a county employee.

            This matter was first brought to the attention of the Board at the November 7, 1978, meeting when, according to county policy procedures, Ms. Riggins requested a "hearing" before the Department Liaison Commissioner (Minute Book 28, Page 383).

            At this time Ms. Riggins, dissatisfied with the Grievance Hearing decision to uphold the staff recommendation for termination, was appearing before the Board as a whole--the next step as outlined in County Policy for Grievance Hearings. Each Commissioner had a verbatim transcript of the "Grievance Hearing" of November 15, 1978. Lengthy discussion occurred during which Mr. Hawkins stated he was not aware he could object to evidence previously presented. Mr. Hawkins stated he would like to object to Page 25 of the transcript dealing with Ms. Riggins caught sleeping on the job.

            Discussion continued in which Mr. Hawkins stated he was unsure exactly why Ms. Riggins had been terminated. Commr. Windram stated he had before him the Personnel Disciplinary Action Forms relating to Ms. Riggins and entered as evidence in the Hearing; at this time he reviewed them with Mr. Hawkins, citing specific performance deficiencies and attitude problems.

            At the close of the discussion, Mr. Hawkins stated he did not feel it had been proven Ms. Riggins did not do her work, the termination being based on hearsay; and, he would like to be able to say, and be believed, he was just as certain Ms. Riggins "never" slept on the job.

            At this time Mr. Hawkins and Ms. Riggins thanked the Commissioners for their time and left.

            Mr. Ford, County Attorney, advised if the Commissioners were ready to make a decision, it would be in the best interest of those concerned to do so as quickly as possible.

            On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Clerk was authorized to notify Mr. Hawkins that the Board accepts the recommendation of the Personnel Department and upholds the Hearing Commissioner's decision regarding the termination of Annie Riggins.

            RECESS AND REASSEMBLY

            At 12:00 noon the Chairman announced the Board would recess for lunch at the Silver Lake Country Club. The public and press were invited on a Dutch treat basis. The Board reconvened at 2:00 P.M.

            ZONING VIOLATIONS

            ZV-78-85 Mrs. Bardsley (Undersized Mobile Home)

            No one appeared before the Board regarding this case. Mrs. Casburn, Code Enforcement Officer, stated she had finally obtained a current address for the property owner and could use some additional time in notifying the woman of the violation.

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board postponed this hearing until March 6, 1979, at 2:00 P.M. or as soon thereafter as possible.

            ZV-79-2 Mrs. Opal Weedman (Living in travel trailer)

            Mrs. Opal Weedman was present to discuss this violation with the Board. It was explained to Mrs. Weedman that the travel trailer may be stored on her property, but it may not be lived in or hooked up to any utilities.

            On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board declared Mrs. Weedman in violation and granted her thirty (30) days to come into compliance with Ordinance 71-6.

            ZV-79-10 Mrs. Wilma Jones (Junk Vehicles)

            Mr. Ralph Jones, Mrs. Jones' son, was present to answer any questions the Board might have. It was pointed out that Mr. Jones has reduced the number of vehicles considerably.

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board found Mrs. Jones in violation and granted her ninety (90) days in which to come into compliance with Ordinance 70-l.

            ZV-78-99 Mr. Simeon Rolle (Junk Vehicles)

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

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, this case was dismissed to allow Mr. Rolle the opportunity of contacting the Sheriff's Department and requesting the vehicles, which do not belong to him, be towed from his property.

            ZV-79-1 Mr. Jimmie Lambert (Junk Vehicles)

            There was no one present to discuss this hearing with the Board.

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board found Mr. Lambert in violation and granted him thirty (30) days in which to comply with Ordinance 70-l.

            ZV-79-4 Mrs. Margaret Freeman (Undersized mobile home)

            There was no one present to discuss this hearing with the Board.

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board found Mrs. Freeman to be in violation of Ordinance 71-6 and granted her thirty (30) days to come into compliance.

            ZV-79-5 Mr. Nicholas W. Hollis (Undersized mobile home)

            There was no one present to discuss this hearing with the Board.

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board declared Mr. Hollis in violation of Ordinance 71-6 and granted him thirty (30) days to come into compliance.

            ZV-79-7 Mr. William O. Graves (Chickens in R-l-5)

            No one present had any comments regarding this hearing.

            On a motion by Commr. Middleton, seconded by Commr. Deems and carried unanimously, the Board declared Mr. Graves to be in violation of Ordinance 71-6 and granted him thirty (30) days in which to comply by removing the chickens from the property.

            ZV-79-11 Mr. Richard Thompson (Junk Vehicle)

            No one present had any comments regarding this hearing.

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board declared Mr. Thompson, as well as the property owner, Mr. John Delia, to be in violation of Ordinance 70-l and granted them thirty (30) days to come into compliance.

            BONDS/MOBILE HOME

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request of Mr. Jack Winterdsteen to live in a motor 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 the motor home will either be removed upon the request of the Board of County Commissioners or no longer occupied once the conventional dwelling is completed. This is in the Astor area.

            CONTRACTS & AGREEMENTS

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, signature authorization was given on the Community Development Block Grant Rehabilitation Contract with Mary E. Dick and/or Dorothy McFaul, her daughter, Dona Vista. At the December 19, 1978, meeting Commr. Burhans had requested no action be taken regarding this contract to allow him time to verify Mrs. Dick was occupying the house. The contract is for $3,409.00 worth of renovations.

            TRAVEL/PLANNING DEPARTMENT

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, travel authorization was given for Mike Stearman, Planning Department, to attend a Jacksonville, Florida, meeting regarding the Community Development Block Grant, January 18 and 19, 1979, at a cost not to exceed $75.00.

            COMMUNICATIONS

            Commr. Windram brought to the attention of the Board a December 21, 1978, letter from Mr. Wallace D. Van Etten, Eustis. Commr. Windram read Mr. Van Etten's letter in which he states he did not write the Commissioners on November 24. Commr. Windram stated he had a copy of the November 24 letter he received from Mr. Van Etten and had answered. He asked if any of the other Commissioners knew of any problems in Mr. Van Etten's area. It was the feeling of the Board that Mr. Van Etten's problems had been straightened out. Commr. Windram requested Mr. Van Etten's letter be acknowledged, and a copy of his November 24th letter be sent him, stating it is the understanding of the Board all related driveway problems have been resolved.

            COUNTY PROPERTY

            Brief discussion was held regarding a request to purchase security doors from the old Detention Center. This matter was referred to the Building Committee. Commr. Windram appointed Commr. Deems to serve on this Committee regarding this matter.

            ATTORNEYS

            Brief discussion was held regarding a seminar this spring titled Liability Crisis In County Government. Mr. Ford, County Attorney, stated he would like to attend.

            On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, travel authorization to Chicago was approved for the County Attorney to attend this seminar April 22 - 26, 1979.

            RESOLUTIONS/MVI

            Commr. Windram reviewed with the Board staff reports and recommendations regarding the MVI stations.

            On a motion by Commr. Carson, seconded by Commr. Deems and carried, the County Attorney was instructed to draw a Resolution supporting the retention of the MVI stations. Under discussion it was requested the Clerk send copies of this Resolution to the Governor as well as the Legislative Delegation.

            Commr. Burhans voted "NO" regarding the above Resolution in that he felt the stations should be responsible for the inspection of all vehicles-- semi-trailers included.

            ACCOUNTS ALLOWED/EQUIPMENT-SHERIFF'S DEPARTMENT

            Discussion was held regarding a purchase request from Sheriff Malcolm McCall regarding necessary equipment for his new lab.

            On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, approval was given for the purchase, through the County Purchasing Department, of the needed equipment as outlined in Sheriff McCall's letter of December 22, 1978. Under discussion, it was pointed out Mr. Knuckles, Purchasing Director, may be able to obtain better prices and hold the cost below the anticipated $11,507.85.

            There being no additional business to be brought before the Board, adjournment was at 3:00 P.M.

Thomas J. Windram, Chairman

James C. Watkins, Clerk