A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
MARCH 6, 1979
The Lake County Board of County Commissioners convened in Regular Session on Tuesday, March 6, 1979, at 9:00 A.M. in the Board of County Commissioners' Meeting Room, Courthouse, Tavares, Florida. Commissioners present were: Thomas J. Windram, Chairman; C.A. "Lex" Deems; G.Y. Middleton; James R. Carson, Jr.; 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. Burhans.
MINUTES
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the February 20, 1979, Minutes as amended.
ROADS - COUNTY, STATE / SIGNS
Commr. Deems pointed out problems we have encountered on Bay Lake Road, a roadway on which the County has been unable to obtain right-of-way. Every time a "Stop" sign has been placed, someone has removed it.
On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, authorization was given for the installation of some sort of sign indicating a dangerous intersection ahead.
ACCOUNTS ALLOWED/VETERAN'S SERVICE/TRAVEL
On a motion by Commr. Middleton, seconded by Commr. Deems and carried unanimously, authorization was given Arthur Ragland, Veteran Service Officer; and Lorrine Retey, Assistant Service Officer, to attend a one-day training school at the VA Regional Office, St. Petersburg, Florida, via private automobile, March 22 and 23, 1979, at a cost of $68.60 and $35.00 respectively, for a total of $103.60.
VETERAN'S SERVICE/COUNTY EMPLOYEES
Commr. Middleton informed the Board the Veteran Service Specialist position had been filled by Mr. Obie Brown.
APPOINTMENTS/ENERGY EMERGENCY CONTINGENCY PANEL
Commr. Carson informed the Board that Bill Bond, Sentinel Star, was unable to accept an appointment to the recently formed Energy Emergency Contingency Panel.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board ratified Commr. Carson's appointment of Richard C. Ravenhill, WLBE Radio, for media representation.
BIDS/ROADS - COUNTY, STATE/CONTRACTS & AGREEMENTS
Mr. Andrew, County Engineer, presented the bids received on Project #250, C-437, as follows:
Leecon, Inc.............................$153,524.81
Superior Asphalt Co., Inc.......$188,711.50
Square G. Construction..........$168,477.25
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board awarded Project 250, C-437 widening and resurfacing, to Leecon, Inc., in the amount of $153,524.81, in that they submitted the best and lowest bid meeting County specifications.
COMMUNICATIONS/ROADS - COUNTY, STATE
Commr. Windram read a letter from Mrs. Kay Meighan, Mount Dora, requesting repair work on the roads near the corners of Ohio and Marion, and Ohio and Boyd in the Golden Heights Subdivision. This letter was referred to the County Engineer for investigation.
COMMUNICATIONS/MUNICIPALITIES/CETA
Commr. Windram read a letter of appreciation from the City of Mount Dora regarding the County's support and approval of their requested CETA program projects.
COMMUNICATIONS/GREEN SWAMP
Commr. Windram read a letter from the State of Florida, Department of Administration, Division of State Planning, regarding their desire to work with our Planning Department in developing amendments to existing local ordinances, or in the preparation of new ordinances to protect the hydrologic resources in the Green Swamp area, in the hopes that local requirements can be substituted for the requirements in the State rule.
COMMUNICATIONS/EMERGENCY MEDICAL SERVICES
Commr. Windram read a copy of a letter from the Department of Health, Education, and Welfare, Division of Emergency Medical Services, to Mr. Jack Hardy, Regional EMS Council, dated January 22, 1979, acknowledging receipt of Lake County's request for change from the Northwest Regional Area to the East Central Florida Regional Area.
BIDS
Mr. Gary Knuckles, Purchasing Director, presented the bids received on Rip-Rap Bags as follows:
GOLDEN TRIANGLE - (Minimum order 72) 4 to 1 mix, $1.74/bag, 5 to 1 mix, $1.68/bag
QUALITY BY MASON - (No minimum order) 5 to 1 mix, $2.45/bag
LEESBURG CONCRETE - No Bid
W.R. BONSAL - (Minimum order 300) 5 to 1 mix, $1.70/bag
C & L INDUSTRIES, INC. - No Bid
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board accepted the Golden Triangle bid on the 4 to 1 and 5 to 1 Rip-Rap Bag mixtures at $1.74 and $1.68 respectively.
ACCOUNTS ALLOWED/MAINTENANCE/COUNTY BUILDINGS & GROUNDS
Mr. Knuckles stated he had a request from Gene Dixon, Supervisor of County Maintenance, for a new lawn mower.
On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board authorized Mr. Knuckles to purchase the needed lawn mower from Sears for the State price of $230.00.
ROAD MATERIAL/COMMUNICATIONS/PUBLIC WORKS DEPARTMENT
Mr. Gil Sims, representing the Lake County Boys' Ranch, appeared before the Board and requested the Commissioners' assistance in securing three or four loads of clay to ready their road for their Eleventh Annual Barbecue to be held April 7, 1979.
Discussion occurred during which it was pointed out that the roadway where the work is needed is not dedicated to the public; and, therefore, it was explained to Mr. Sims, the County is unable to perform any work.
JAILS
Commr. Windram read a letter from Sheriff Malcolm McCall regarding the need for battery-operated emergency lighting on all floors of the jail. Discussion occurred in which Commr. Windram stated he felt this was necessary for the safety of prisoners and jailers in time of evacuation during fire.
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board authorized the Clerk to inform Mr. Dixon, Maintenance, and Mr. Knuckles, Purchasing, to proceed in taking care of the lighting problem in the jail.
ROADS - SUBDIVISION
Mr. Jerry Lockett, an attorney representing Lakewood Acres and Mr. Charles Seligman, appeared before the Board to request a variance from the County's requirements of paved roads in subdivisions. Mr. Lockett stated he would like to review with the Board, in chronological order, beginning June 1973 when the parcel was originally purchased, the processes Mr. Seligman went through in preparation for developing his subdivision. Mr. Lockett stated he felt his client did not appear before the Board soon enough to request the variance and obtain a "grandfathering in" status, because other people, in similar circumstances, who did appear earlier were "grandfathered in." Mr. Lockett cited Mrs. Gladys Howard as one example. Discussion continued during which it was pointed out Mr. Seligman had previously appeared before the Board requesting to be "grandfathered in"; his request was denied. Mr. Lockett asked that the Board reconsider their original position and stated, legally, he did not feel the Board had treated everyone equally.
Mr. Willett, Planning Director, cited differences between the Howard request and the Seligman request.
At this time Mr. Lockett stated he was ready to present evidence to the Board which would clearly indicate his client's intent, at time of purchase, to subdivide his parcel.
At this time Mr. Lockett presented for the Board's review: 1) a boundary survey, dated September 11, 1972, 2) an undated survey showing the division of the lots, and 3) various copies of bills obtained from the files of Mr. Norton, engineer for the project. Mr. Lockett stated Mr. Norton believed the undated survey had been done in January of 1973. He further pointed out he just realized the bills he was submitting did not match the descriptions on the surveys he had submitted.
Commr. Burhans moved that further discussion be postponed to allow Messrs. Lockett and Seligman time to further document the progress of the subdivision's plans.
Commr. Carson stated he felt a motion to table the discussion would be more appropriate, and one he would be willing to second. Commr. Burhans stated he would be willing to change his motion from a postponement to a motion to table. The question was called for with Commrs. Deems, Middleton, and Windram voting "No"; Commrs. Carson and Burhans "Yes." The motion failed.
Discussion continued, during which time it was pointed out the intent of the Board is certainly not to be unfair to anyone, yet the majority feel enough evidence is not being presented to "grandfather" anything. It was further stated the Board has an obligation to do what is best for the County, and knowing clay roads are a problem, it would be inadvisable to allow them, unless detailed documentation can be presented to the contrary.
Discussion continued regarding exactly what type of documentation the Board would require. It was pointed out to Mr. Lockett all documentation would have to be carefully evaluated and reviewed prior to a decision being made. Commr. Carson stated he felt, as before, a motion to table would be in order to allow Mr. Lockett time to redocument Mr. Seligman's activities to prove cause for a variance from the County rules and thus "grandfather in" Lakewood Acres.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board tabled any further discussion.
It was understood Mr. Lockett would be returning at a later date with written documentation. Mr. Lockett retained in his possession all evidence presented.
MENTAL HEALTH/RESOLUTIONS
The Reverend Terry Jackson presented and discussed the Lake County portion of the District III Mental Health Plan. Mr. Bert Lacey, Administrator of Lake/Sumter Mental Health, was present to answer any questions the Board members may have. Mrs. Jean Hess, Planner Evaluator, was also present and discussed certain aspects of the Plan with the Board. Highlighted were problem areas, strategies for addressing problem areas, and a financial overview. It was pointed out the Mental Health Board would be appearing before the Commission in June or July of this year to discuss the funding aspects of this plan, but right now, the concept of the plan was all that was under consideration.
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Chairman and Clerk were authorized to sign the Resolution presented supporting Lake County's portion of the Plan for mental health and alcoholism services, with the understanding that the level of financial participation in the implementation of the Plan, by the Board of County Commissioners, will be determined on or before October 1, 1979.
PLATS
Mr. Bob Andrew, County Engineer, appeared before the Board to discuss the 10:45 A.M. item on the Agenda, approval of the Castle Hill Subdivision Plat. Mr. Andrew stated there were title problems and the plat was not ready for presentation.
ROADS - COUNTY, STATE
Mr. Andrew stated some progress had been made in resolving the County's inability to obtain right-of-way from Mr. Wise regarding Hartle Road, see Minute Book 28, Page 514. Mr. Wise has now agreed to give right-of-way upon the completion of the paving.
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board authorized an expenditure, not to exceed $8,000.00, for the paving of a 600 foot long, 18 foot wide roadway extension of Hartle Road, subject to Mr. Wise placing the necessary right-of-way deeds in escrow, to be turned over to the County upon completion of the necessary road paving for drainage purposes.
ACCOUNTS ALLOWED/TRAVEL/PUBLIC WORKS DEPARTMENT
Mr. Andrew informed the Board that the Department of Transportation was revising the procedure for transferring functional responsibility for roads. Mr. Andrew stated DOT's notice stated a hearing would be held March 19, 1979, 10:00 A.M. - 12:00 noon, at the Haydon Burns Building Auditorium in Tallahassee, if requested.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board authorized the County Attorney to draw a Resolution opposing any revisions for transferring functional responsibility for roads. The motion further authorized the Clerk to write to DOT and request the proposed hearing. It was decided Mr. Andrew, County Engineer, and Mr. Ford, County Attorney, would be attending the meeting.
PLANNING DEPARTMENT/COMPREHENSIVE PLAN
Mr. Jerry Sexton, Associate Planner, discussed the procedures involved in adopting the Comprehensive Plan. It was pointed out we are not able to make a deadline and have had to file for an extension to allow time for State and Regional comments prior to local adoption. Mr. Sexton presented a tentative scheduling of Public Workshops, along with completion dates, on the different elements of the Plan.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the tentative schedule as submitted.
BONDS/MOBILE HOME
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request of Donald A. Simmons, Pretty Lake Area, to live in an existing 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 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. Middleton, seconded by Commr. Burhans and carried unanimously, the Board approved the cancellation of the following mobile home bonds:
Victor Lonsberry, Agreement dated December 12, 1978
Juane Reynolds, Agreement made on February 23, 1978
It was pointed out that the mobile homes have been removed from the parcels and the conventional dwellings completed.
APPOINTMENTS
Discussion was held regarding various vacancies on the Planning and Zoning Commission, as well as the Resource Advisory Committee.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board reappointed F.C.W. Kramer, III, and James Stivender, both representing District 1, to the Planning and Zoning Commission for the term March 1, 1979, through February 28, 1981.
No action was taken at this time regarding one appointment in District 2, one appointment in District 3, or the two vacancies in District 5 on the Planning and Zoning Commission.
No action was taken regarding the vacancy due to resignation in District 2 on the Board of Zoning Appeals.
GRANTS
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Chairman was authorized to sign the Project Completion Certification for the Lake Umatilla Dock Project, as presented by the Planning Department.
APPOINTMENTS
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board appointed Commr. Burhans the representative to chair the Resource Advisory Committee.
ACCOUNTS ALLOWED/POLLUTION CONTROL/TRAVEL
Mr. Ted Wicks, Acting Director of Pollution Control, discussed the County's Air Pollution Program with the Board.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, authorization was given for the purchase of three Model GMWL-2000 air sampling systems at $498.00 each. It was understood this is to be processed through the County Purchasing Department and it is a budgeted item.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved travel for Mr. Dave Rosenau, Pollution Control, to attend a training course sponsored by the Environmental Protection Agency, Athens, Georgia, March 12-16, 1979, at the anticipated cost of $300.00.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board authorized a budget transfer in the amount of $800.00 from Contingency to Travel to cover training expenses incurred through this budget year.
On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board authorized Mr. Wicks to travel via County automobile to Lakeland, Florida, March 22, 1979, to attend the Twenty-Fifth Annual Citrus Engineering Conference, at an anticipated cost of $15.00. Mr. Wicks pointed out this conference will address itself to the processing end of the citrus industry.
COMMUNICATIONS/PLANNING AND ZONING
Commr. Windram stated on March 1, 1979, the Board of County Commissioners' Office had received a letter from Mr. Jim Flake, dated January 30, 1979, requesting the Board waive the one-year waiting period required for a reapplication for a change in zoning. Discussion occurred in which it was pointed out Mr. Flake's one-year waiting period would be up in May and it was decided the rules must be followed and the request denied.
The Commissioners expressed concern over the delay in this letter reaching the Board office.
COMMUNICATIONS
Commr. Windram stated he had received a letter from the County Forester's Office regarding their beautification efforts around the water catchment reservoir on Donnelly Street in Mount Dora. It was the feeling of the Board that the seedling program operated out of the Lake Correctional Institute under the supervision of the Forestry Department was a program worth continuing.
COMMUNICATION/TRAVEL/MUNICIPALITIES
Commr. Windram stated he had received correspondence requesting the Board's support, in the form of the adoption of a proposed Resolution, of Tamiami Trail Tours, Inc. d/b/a "Trailways" application with the Interstate Commerce Commission and the Florida Public Service Commission to extend its intercity bus service.
It was the feeling of the Board the two municipalities it would affect, Clermont and Leesburg, should be contacted to obtain their feelings regarding the Board's adoption of such a Resolution.
COMMUNICATIONS/MENTAL HEALTH
Commr. Windram stated he had received a letter from The Reverend Terry Jackson, District III Mental Health Board Member, urging opposition to any legislation aimed at the abolishment of the district mental health boards.
COUNTY EMPLOYEES/GRIEVANCES
Commr. Windram informed the Board we had received notification from the Office of Manpower Planning that they were administratively closing Mr. Grafton Lane's complaint because of failure on his part to appoint a representative to the hearing board.
ACCOUNTS ALLOWED/MOSQUITO CONTROL/AUTOS & TRUCKS
Discussion was held regarding Mr. Philip Yoder's request, Mosquito Control, to purchase a new economy pick-up truck. On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board authorized for Mr. Knuckles to obtain at least three quotes, or purchase at state bid price, whichever is best, regarding the request for Mosquito's pick-up truck.
It was understood State I funds would be used for this purchase and we would be trading in Property No. 2424.
ACCOUNTS ALLOWED/MOSQUITO CONTROL/MACHINERY & EQUIPMENT
On a motion by Commr. Middleton, seconded by Commr. Deems and carried unanimously, authorization was given for the purchase of six (6) CDC minature light traps, along with mechanical aspirator, stainless steel motor mount and catching cage, at an expenditure not to exceed $400.00. It was pointed out these items had been budgeted.
ACCOUNTS ALLOWED/ELECTIONS/MACHINERY & EQUIPMENT
Discussion was held regarding the Supervisor of Elections' request for use of an IBM System 6 Records Processor in her office. It was the feeling of the Board an outright purchase would be the most economical approach to the investment.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board authorized the outright purchase, through the County Purchasing Department, of the IBM System 6 Records Processor, at a cost of $15,461.25. It was understood maintenance would run approximately $100.00 per month, which would still be less than the $1,680.00 we are presently paying for a maintenance contract for the Addressograph. It was understood Mrs. Stegall's budget has $1,549.88 to apply toward purchase; the above motion authorized whatever transfer is necessary from Contingency.
ROAD PROJECTS/BIDS
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, permission to advertise for bids was given on the fourth road project, resurfacing and widening for C-44A from Clear Lake Road southward to SR 44, estimated at $80,000.00, Dist. #4.
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. for Code Violations.
CODE VIOLATIONS
ZV-79-29 - Mr. Ernest Coppage Ordinance 70-l
No one present wished to discuss this hearing with the Board.
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board declared Mr. Coppage in violation of Ordinance 70-l and granted him thirty (30) days in which to come into compliance.
ZV-79-30 - Mr. Bruce Porter Ordinance 70-l
No one present wished to discuss this hearing with the Board.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board declared Mr. Porter in violation of Ordinance 70-l and granted him thirty (30) days in which to come into compliance.
ZV-79-32 - Mr. Otis Clayton Ordinance 71-6
Mr. Clayton was present to answer any questions the Commissioners might have. Discussion occurred in which Mr. Clayton stated he had tied up quite a bit of money in his travel trailers and was not in the position of just getting rid of them. It was suggested Mr. Clayton find some additional small lots, with the appropriate zoning, and place the trailers on them since six residences on two lots is presently in violation of County Rules and Regulations.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, Mr. Clayton was declared in violation and granted ninety (90) days to come into compliance by removing all travel trailers and/or mobile homes from the property.
ZV-79-33 - Mr. Darrell White & H.J. Rayburn Ordinance 71-6
Mrs. Cindy White was present to answer any questions the Board members might have. Discussion occurred in which Mrs. White stated she and her husband were prepared to slaughter their animals, but they needed some additional time since the animals were still too small to slaughter.
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board declared Mr. White and Mr. Rayburn to be in violation and granted Mr. White thirty (30) days in which to clear the property of the four hogs, and ninety (90) days in which to dispose of the one steer.
ZV-79-34 - Mr. Richard Ackerman Ordinance 71-6
No one present wished to discuss this hearing with the Board.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board declared Mr. Ackerman to be in violation of Ordinance 71-6 and granted him thirty (30) days in which to come into compliance.
ZV-79-35 - Mr. Robert Lewis Ordinance 71-6
Mr. Robert Lewis was present with his attorney, Mr. Jim Reich. Discussion occurred in which it was brought to the attention of the Board that Mr. Lewis was presently in violation of Ordinance 71-6, a structure too close to the property line, as a direct result of information he had received from the County Building Department when he applied for his permit to build his utility shed. It was further pointed out Mr. Lewis had applied for a variance and his request had been denied by the Board of Zoning Appeals.
Mr. Carl Ludecke, a member of the Board of Zoning Appeals, discussed with the Commissioners the reasons for denial of the variance request, stating, in essence, the neighbors who had complained would still have their same complaint should the variance be granted. It was the feeling of the Board of Zoning Appeals that a legitimate mistake had been made, which, in reality was not Mr. Lewis' fault, yet the County does have an obligation to stand behind its Rules and Regulations, and the variance should not be allowed.
Mr. Venice Skagg, a neighbor of Mr. Lewis' was present, and voiced no objection to the utility shed.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board postponed this hearing to April 3, 1979, at 2:00 P.M., or as soon thereafter as possible, to allow the County Attorney time to further investigate this case and return to the Board with a recommendation.
ZV-79-37 - Mrs. Marie Shiver Ordinance 71-6
Mrs. Marie Shiver was present to answer any questions the Commissioners may have. Discussion occurred during which Mrs. Shiver stated she had had her chickens for approximately five (5) years, bringing them with her from Dade County. She stated she felt living in the Ocala Forest Campsites, she should be allowed to have her chickens as pets.
Commr. Burhans moved that Mrs. Shiver not be declared in violation; this motion was seconded by Commr. Middleton. Discussion continued. Commr. Burhans called for the question; Commr. Windram did not accept the question. Discussion continued in which it was pointed out that while Mrs. Shiver's property is indeed zoned "A," the original agricultural parcel has been subdivided into parcels too small for a true agricultural use, the present use being that of a single-family dwelling. Upon the Chairman asking for the vote, the motion did not carry; Commrs. Deems, Middleton, Windram and Carson voting "No"; Commr. Burhans, "Yes."
On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board declared Mrs. Shiver to be in violation of Ordinance 71-6 and granted her thirty (30) days in which to come into compliance by getting rid of the chickens. Commr. Burhans voted "No."
ZV-79-39 - Mr. James Smith Ordinance 70-l
No one present wished to discuss this hearing with the Board.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board declared Mr. Smith to be in violation of Ordinance 70-l and granted him thirty (30) days in which to comply.
ZV-79-40 - Mr. Robert Pasco LAKE COUNTY SUBDIVISION REGULATIONS
Mr. Carol Ludecke, member of the Board of Zoning Appeals, again addressed the Board. Mr. Ludecke stated he had several people with him who had purchased lots from Mr. Pasco. Discussion occurred in which it was pointed out that those present had purchased their lots by metes and bounds. In trying to obtain building permits to build their homes, they have been turned down since the lots were never legally subdivided; and, therefore, do not meet our Subdivision Regulations. It was pointed out that this matter has been referred to the Consumer Protection Division of the State Attorney's Office for further investigation of possible fraudulent activities.
On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board declared Mr. Pasco in violation of Lake County's Subdivision Regulations and granted him thirty (30) days in which to come into compliance.
The County Attorney was encouraged to assist in whatever is necessary to stop fraudulent activities within the County.
ZV-79-41 - Mr. J.W. Davis Ordinance 71-6
Mr. Davis was present and discussed his violation with the Commissioners. Mr. Davis stated his brother lived in the bus, named in the violation, on his property. Further discussion brought to light the fact that Mr. Davis' brother was in need of possible medical attention as well as supervised care. Discussion continued with the Board assuring Mr. Davis they would contact the local Mental Health facility regarding his brother.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board declared Mr. Davis to be in violation of Ordinance 71-6 and granted him sixty (60) days in which to come into compliance.
ZV-79-43 - Mr. Bruce Sanford Ordinance 71-6
No one present wished to discuss this hearing with the Board.
On a motion by Commr. Middleton, seconded by Commr. Deems and carried, the Board declared Mr. Sanford to be in violation of Ordinance 71-6 and granted him thirty (30) days in which to come into compliance.
Commr. Carson was out for the vote.
ZV-79-48 - Oak Lane Trailer Park, Mr. Johnny Steifel Ordinance 71-6 & Ordinance 70-1
Mr. John Steifel, owner of the Oak Lane Trailer Park, was present to discuss his park with the Board.
Discussion pointed out the fact that Mr. Steifel's park did not have an adequate sewer system to serve the number of vehicles in his park. Mr. Steifel presented papers supporting the number of vehicles in his park and his present system. It was brought to his attention the paper he presented was a proposed application which was never approved or accepted. It was agreed Mr. Steifel needs to either reduce the number of units in his park or expand his central sewage system. Oak Lane Park was approved for 48 units in 1971 and is presently operating at the level of 55 mobile homes and 19 travel trailers.
Mr. Ted Wicks, Pollution Control, stated Mr. Steifel needs to certify the flow generated by the park and then either expand or reduce the capacity.
Commr. Carson moved Mr. Steifel be given thirty (30) days in which to come into compliance with Ordinance 70-1, and postpone the balance of the violation, Ordinance 71-6, for ninety (90) days to allow Mr. Steifel time to work with Mr. Ted Wicks, Pollution, and Mr. Mike Willett, Planning.
Mr. Steifel stated the vehicles named in the violation of Ordinance 70-l did not belong to him and he would be unable to remove them. He further stated it was his desire to see them moved from his park.
Commr. Carson's motion died for lack of a second.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board declared a postponement of ninety (90) days on the violation of Ordinance 71-6, non-conformance to master plan, to June 5, 1979, at 2:00 P.M., or as soon thereafter as possible, and no action be taken regarding the junk vehicles since they do not belong to Mr. Steifel. The Zoning Department was instructed to cite the owner of the vehicles, at which time the Board will take the appropriate action.
RECESS AND REASSEMBLY
At 3:50 P.M. the Board took a brief recess. The Board reconvened at 4:00 P.M.
SUITS AFFECTING THE COUNTY
Commr. Windram stated he had accepted service of papers regarding the Thomas S. Friedel VS Thomas K. Armitage, State Farm Mutual Automobile Insurance Company, et al case. This was turned over to the Clerk for processing.
EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL/APPOINTMENTS
Commr. Windram stated the Board needed to make 1979 representative appointments to the 208 Committee.
On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board appointed Mr. Mike Willett, Director of Planning, and Mr. Ted Wicks, Acting Director of Pollution Control, to serve as representatives on the 208 East Central Florida Committee. Mr. Robert Andrew, Director of Public Works, was named as an alternate.
On a motion by Commr. Middleton, seconded by Commr. Deems and carried unanimously, the Board appointed Commr. Carson to serve as the Lake County representative on the East Central Florida Regional Planning Council.
ANIMAL WELFARE/SHERIFF
Commr. Windram stated the County has been sent a bill in the amount of $2,496.00 for the boarding of five horses. Discussion occurred. It was the feeling of the Board and the Attorney the horses were picked up as a result of orders issued by the Sheriff's Department, without the County's knowledge; and the bill should, therefore, be forwarded to the Sheriff's Department. The Clerk was directed to so do.
Discussion ended with Commrs. Middleton and Burhans agreeing to further investigate the feasibility of securing the services of Mr. Tanner, along with another man, for the purposes of picking-up and transporting large animals to the Animal Shelter. It was pointed out the Howey Bridge on SR 19 could be used as a dividing point to the County.
ROADS/COUNTY - STATE
Discussion was started regarding a drainage problem on Old Eustis Road near Lake Gertrude. Commr. Deems stated he would be willing to have the matter referred to him for further investigation.
RESOLUTIONS
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, signature authorization was given on the Resolution to DOT requesting a safety study for US Hwy 27 near Hawthorne Development, South of Leesburg. It was pointed out this is the study the Board has been trying to initiate since January 16, 1979, Minute Book 28, Page 493.
JAILS/COUNTY BUILDINGS/SHERIFF
Commr. Windram stated we had received a request from the Sheriff for a thorough inspection of the jail walls. Settlement and cracking of the outer brick appears to indicate the weather sealing has deteriorated and could cause damage to the structure.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Clerk's office was authorized to contact John Dickerson, Architect, for an inspection report. The Clerk was further instructed to let the Sheriff know we are pursuing the necessary inspection.
OUTDOOR RECREATIONAL FACILITIES/MUNICIPALITIES
Discussion was held regarding the recent discovery that the title to the Tavares Recreational Park is held by neither the City of Tavares nor the County; but rather by the Trustee of the Internal Improvement Fund. It was the feeling of the Board that either the City or the County should hold title, and then that agency would have a clear line of authority to say yes or no to requested activities.
It was decided Commr. Windram and the County Attorney would talk with the City regarding the title.
VETERAN SERVICE OFFICER/MACHINERY & EQUIPMENT
On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board authorized the installation of one additional phone line for the new employee in Veteran's Service.
BONDS
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved the following Contractor Bonds:
1318-79 Harvey B. McGuire (Sheet Metal Installation)
1562-79 Robert French (Air Conditioning)
1731-79 Martin G. Boyd (Residential Contractor Code #102)
1732-79 Donald Gray Hodges (Building Contractor)
1751-79 Dennis Bartlett (Painting)
1752-79 Emmett D. Harper (Drywall)
1753-79 William J. Bettencourt (General Building)
1754-79 Frank Lewis d/b/a/ Modern Plumbing (Plumbing)
1755-79 James Shay, Jr., d/b/a Sunstate Construction Co. (Residential)
1756-79 Rodger M. Smithson (Electrical)
LICENSES & PERMITS
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the following new gun permits and bonds:
Thomas L. Benfield
Daisy Mae Brown
Simon Thomas Brown, Jr.
Rayford M. Butler
Jerome D. Chaput
Wesley Harold Harrison
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the following gun permit renewals and bonds:
Leighton L. Baker Clarence E. Holmes
Willie Mae Barrett R.P. "Johnny" Jarnigan
B.T. Cheatham John P. Owens, Jr.
Howard B. Fox, Jr. Charles C. Strickland
Leola H. Gamble George J. White, Jr.
James J. Hay Clarence H. Williams
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved a serial number change on the gun permit of Will Jackson.
REPORTS
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board acknowledged receipt of the February 16, 1979, Traffic-Criminal Department Distribution of Revenue Report.
ACCOUNTS ALLOWED
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, payment of the following vouchers was approved:
GENERAL REVENUE 1582-1774
FINE & FORFEITURE 169- 189
COUNTY TRANSPORTATION 415- 470
SECTION 8134-168
DWI 22- 28
N.W. AMBULANCE - 3 voided - 4
FISH CONSERVATION 15
TITLE II 16-17
YOUTH VOLUNTEER 4
BLOCK GRANT 1
N.E. AMBULANCE 5
CETA TITLE I 166-185
CETA TITLE II 29-150
CETA TITLE III 39-43
CETA TITLE VI PROJECTS 153-168
CETA ADMINISTRATION 43-65
INDIGENTS
On the same motion as above, the following changes to the Indigent List were approved:
ADD DIST. #l James McCutcheon for Eugene Hooks....$40.00
ADD DIST. #5 Bonfire Mobile Home Village for Margaret Dietrick......$60.00
REPORTS
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of juvenile jail sentencing reports for the year 1978.
APPOINTMENTS/RESOLUTIONS
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board accepted the resignation of Mrs. Faye Wellbeloved the District 5 Planning and Zoning Commission member. The motion further authorized the County Attorney to draw resolutions for Mrs. Wellbeloved, as well as Mrs. Blanche Etheredge, Planning and Zoning Commission representative from District #5, also thanking them for their interest and participation on the Commission.
OUTDOOR RECREATIONAL FACILITIES
Messrs. Clyde R. Scott and Ira Levy's request for "No Wake" 5 MPH signs in the Venetian Village, Fourth Addition, canals was referred to the Water Authority to be included in the Resolution they are preparing for the County.
ACCOUNTS ALLOWED/FAIRGROUNDS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the Lake County Chamber of Commerce's request for $l,000.00 for use in the Convention Center petty cash account. These are the monies used to pay for labor, IRS, Florida Unemployment taxes, Florida Sales tax, and General Revenue Fund.
ACCOUNTS ALLOWED/CETA
Commr. Windram stated that $39,000.00 had been needed to meet a CETA payroll, the money was on the way and we would be reimbursed.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved the advance of $39,000.00 to cover the CETA payroll.
AGREEMENTS/MUNICIPALITIES/OUTDOOR RECREATIONAL ACTIVITIES
It was brought to the attention of the Board that the City of Leesburg had needed authorization for parking on County property during their annual Art Festival.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board ratified Commr. Windram's signature on the February 23, 1979, Agreement.
PLATS
Mr. Ford, County Attorney, stated the Clerk's office has been receiving numerous inquiries regarding the Higley Subdivision. It appears Higley is an unrecorded subdivision located Northeast of Umatilla in Lake and Marion Counties. Old records indicate that the plat of Higley is on file in Orange County, however, title examiners say this is not the case. It was suggested this matter be referred to the Clerk and County Attorney.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board referred the Higley Subdivision plat matter to the Clerk and County Attorney to return to the Board with a recommendation of action which will clarify the problem.
COMMUNICATIONS
Mr. Ford stated he had received a negative reply from Seaboard Coast Line Railroad Company regarding the County's purchase inquiry of the small triangular parcel of land located at the corner of Ruby and Sinclair. The County has been given the small building, owned by Agrico Chemical Company, which is presently on the triangular parcel of land leased to Agrico.
It was the feeling of the Board Mr. Ford should work with Seaboard and obtain rental prices for not only the immediate site the small building is sitting on, but also a rental price on the entire triangular parcel.
CONTRACTS & AGREEMENTS
On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board authorized the Chairman to sign the Agreement between the Board of County Commissioners and Agrico Chemical Company, transferring title of the "small tin building located at SW corner of the intersection of Sinclair and Ruby Streets in Tavares, Florida:..." as well as Assignment of the Railroad Lease for said land in an amount of $45.00 yearly.
ROADS/COUNTY - STATE
Discussion was held regarding a drainage problem on Mr. Maxwell's property in Eustis, near the C-439 right-of-way in Section 35, Township 17, Range 27. Mr. Ford stated he felt that the Department of Transportation did make an error causing fill and dirt not to run off the Maxwell property. Mr. Maxwell has requested the County dump rip-rap bags on his property in two or three locations to correct the problem.
It was the feeling of the Board Mr. Maxwell is subject to conditions not of his own doing. It was felt if the County puts some concrete rip-rap in the stream running adjacent to Mr. Maxwell's property, it will act as a breaker for the runoff and eliminate the problem.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, authorization was given, upon receipt of a hold-harmless Agreement for all past, present, and future damage, to proceed, on a one-time basis, with the above placement of slabs in the stream as agreed upon by Mr. Maxwell.
GREEN SWAMP/PLANNING DEPARTMENT
Mr. Ford stated he would be attending another Green Swamp meeting in Tallahassee, Wednesday, March 7, 1979.
NURSING HOME/COUNTY EMPLOYEES
At this time Commr. Burhans stated Mrs. Carol McGauvran, Administrator of the Nursing Home, would like to address the Board.
Mrs. McGauvran stated she would be resigning her position as Administrator of the Nursing Center later in the month. While thoroughly enjoying her job, she felt there were areas that needed the Board's attention. Mrs. McGauvran stated a reevaluation of salaries for Practical Nurses as well as Aides would be recommended, as well as the inclusion of a cost allocation in the areas of payroll, finance, and maintenance in all Nursing Home Cost Reports. Mrs. McGauvran stated this cost allocation inclusion would greatly increase the amount we are able to receive from Medicaid.
Mrs. McGauvran thanked the Commissioners for their time and stated she would be willing to work with Mr. Porter, Personnel Director, in any way possible to fill the vacancy she is creating.
There being no further business to be brought to the attention of the Board, adjournment was at 5:30 P.M.
Thomas J. Windram, Chairman
James C. Watkins, Clerk