A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

OCTOBER 2, 1979

            The Lake County Board of County Commissioners convened in Regular Session on Tuesday, October 2, 1979, at 9:00 A.M. in the Board of County Commissioners' Meeting Room, Courthouse, Tavares, Florida. Commissioners present were: C. A. "Lex" Deems, Vice-Chairman; Glenn Y. Middleton; James R. Carson, Jr.; and Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Christopher C . Ford, County Attorney; Pat Goetzen, Deputy Clerk; and Pat Shirah.

            The Invocation was given by Mr. Watkins, and the Pledge of Allegiance was led by Commr. Carson.

            MINUTES

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved the Minutes of September 18, 1979, as amended and corrected.

            PURCHASING/BIDS

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board approved awarding Florida Crushed Stone the limerock portion of the previous approved limestone portion of the bid (#002-80).

            ANIMAL SHELTER/MAINTENANCE/COMMUNICATIONS

            Commr. Carson read a letter from Frankie L. Thorp, Animal Control Supervisor, concerning dogs being stolen from the Animal Shelter.

            Commr. Carson will meet with Gene Dixon, Maintenance, about making certain changes to possibly prevent the thefts at the Animal Shelter and report back to the Board at the next meeting.

            ACCOUNTS ALLOWED/VETERANS SERVICES

            On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board approved travel for Arthur Ragland and Obie Brown, Veterans Service Office, to attend the Mid-Winter Training Conference in St. Petersburg, Florida, on October 17, 18 and 19, 1979, at a total cost of $310.80.

            COMMUNICATIONS

            Commr. Deems read a letter from the Florida Department of Transportation regarding the completion of the design for a flashing beacon to be installed at SR 27 and Hawthorne Boulevard.

            ACCOUNTS ALLOWED/NURSING HOME

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved travel for Martha Alexander of the Nursing Home to attend a Conference for Continuing Education hours to retain Certificate of Dietary Assistant. The Conference is to be held in Daytona Beach, Florida, on October 17, 1979, at a total cost of $30.00.

            ACCOUNTS ALLOWED/CETA

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board authorized Mr. Van Porter, Personnel Director, to obtain bonding, as required by a new CETA ruling, through Slaughter Insurance Agency of Wildwood, Florida, at the rate of $350.00 per person to cover the following personnel who handle CETA Funds: Board of County Commissioners (5), CETA Director (1), Clerk of the Circuit Court (1), and County Finance (6).

            The total cost is to be $4,095.00 per year.

            CONTRACTS & AGREEMENTS/CETA

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board authorized CETA to operate on the authorized signature received in the mailagram by Mr. Van Porter, Personnel Director, until the new contracts are received.

            ACCOUNTS ALLOWED/CETA

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board authorized payment to Innovative Educational Programs, Inc., in the amount of $16,100.00 for CETA personnel training received.

            ACCOUNTS ALLOWED/PERSONNEL

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved travel for Sherry Puckett and Fredia Cambel, Personnel Department, to attend the Equal Employment Seminar in Tallahassee, Florida, on October 4 and 5, 1979, at a registration cost of $35.00.

            INDIGENTS

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

ADD: McCobe Apartments for Brenda Rimes..................$50.00

ADD: C. C. Connell for Sandy O'Connell.........................$75.00

CANCEL: Edward Badley for Timothy Conczy................$75.00

CANCEL: Brannon's Rentals for Athacondis Osterhout...$60.00

            REPORTS

            On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the September 14 and 21, 1979, Traffic-Criminal Department Distribution of Revenue Reports.

            INVENTORY-SURPLUS

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, tne Board approved the following items to be deleted from the Fixed Assets Lists:

PROPERTY #            ITEM                          REASON

            445                  Art Metal Table          Transferred

            1547                Oak Straight Chair      Junked

            1615                Steelcase File              Junked

            2554                Conserv-a-Matic File Junked

            4142                Gravely Mower          Junked

            4160                Diebold Power File    Transferred

            4515                '69 Ford Sedan            Traded In

            5008                4 Slice Toaster            Junked

            5440                Wood Map Case         Junked

            5636                1974 INC Scout          Traded In

            CHECKS RECEIVED

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board accepted check #003 from Noel E. Griffin, in the amount of $7.40 for copies of campaign reports.

            On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board accepted check #3596, from Village Inn, in the amount of $1.88 for a voter list.

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board accepted check #335 from the Lake County Chamber of Commerce in the amount of $100.00, as a deposit from Steward Cadillac for a new car show to be held October 9, 1979.

            On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board accepted check #16780, from Holstein, Church & Pickering Insurance, Inc., in the amount of $1,674.00 for return premium due to the audit.

            BONDS-CONTRACTOR

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

74-80              Robert J. Fedor (General)

118-80            Frank Hipp (General)

135-80            Robert A. Peppers, Jr. d/b/a Peppers Plumbing

190-80            Paul J. Gosnell (Remodeling)

1453-80          John Slater Custom Homes (Residential)

1539-80          Harvy Erp d/b/a Tri City Aluminum

1652-80          Kenneth E. Hastings (Air Conditioning & Heating)

1732-80          Donald G. Hodges (Building)

1815-80          James F. Veitch d/b/a Air Specialists (Heating & Air)

1816-80          Donald C. Seigworth d/b/a Jimmies Sign Service (Specialty)

1817-80          Latow's Plumbing

1816-80          Allied Heating & Cooling Service, Inc.

1819-80          Aubrey E. Davis (Residential)

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved the following Contractor Bond Cancellations:

36-69              Albert L. Knouse (General)

37-67              James L. Mabery, Jr.

158-69            Wade A. Myers (Electrical)

599-73            Boatwright Electric Company

1674-78          Robert C. Kohn d/b/a Kohn Electric

1746-              Bartlett Brothers Roofing Co., Inc.

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the following Contractor Bonds replacing Gulf American Fire & Casualty Company:

18-80              Harry H. Mielke

1509-80          Charles J. Boutwell

1720-80          Charles L. Iden

            LICENSES & PERMITS

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

            George Roger Cox                  Nancy Ruth Kurtz

            Sandra Kaye Elliott                John H. Taylor, Sr.

            Serburne W. Grant                 Jacob Vander Meer

            E. R. Jelsma

            ORDINANCES/PERMISSION TO ADVERTISE

            On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board approved the request to advertise Ordinance on New Zoning Section "AR", with Public Hearing to be held on November 13, 1979, at 10:00 A.M.

            GRANTS

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board authorized the Vice-Chairman to sign the Emergency Medical Services Project Sub-grant Application, a continuation of the Grant was approved on May 15, 1979.

            COMMUNICATIONS

            At this time County Attorney Christopher Ford read a letter to the Board he had sent to Thomas Langley, M..D., Waterman Memorial Hospital Emergency Room, concerning the civil defense phone number being put in the "Cs" of the next telephone directory as well as in the front.

            PURCHASING/PUBLIC WORKS

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the specifications as presented by Mike Willett, Director of Development and Public Works, for a diesel type motor grader. Specifications to be submitted to Purchasing.

            PLANNING DEPARTMENT

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request for waiver of improvement and plan requirements of the Subdivision Regulations-Section 62, for Mr. Cecil Gray, Paisley Area, Case #16-79.

            BONDS-MOBILE HOME

            Tom Davis, Attorney, Deland, appeared before the Board representing Mr. Cecil P. Gray.

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board approved the request of Alfred Reaves, Tavares Area - District #1, to live in a travel trailer 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 travel trailer 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. Middleton and carried unanimously, the Board denied the request to Julian Jucha, Umatilla Area - District # 5, to live in a travel trailer on the same piece of property on which his conventional dwelling is being built.

            PURCHASING/PUBLIC WORKS

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the specifications as presented by Mike Willett, Director of Development and Public Works, for the landfill compactor to be submitted to the Purchasing Department.

            COMMUNICATIONS/COUNTY ATTORNEY/ZONING DEPARTMENT

            At this time Commr. Deems read a letter to the Board from the City of Leesburg, concerning the rezoning of Mr. Hamp Paulling’s property.

            On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board referred the letter to Mike Willett, Director of Public Works, to research and report back to the Board at the next meeting.

            COMMUNICATIONS

            Representative Bobby Brantley spoke to the Board concerning House Bill 1046.

            Discussion occurred regarding problems resulting from the Bill, such as, insufficient time given to complete the audits and funding.

            The Board asked Representative Brantley to relate their concerns and disappointments to the Legislature in the upcoming Special Session.

            COMMUNICATIONS

            Discussion was held regarding a request made to repair Mr. John Carrie's dike and clean the ditch in the southeast Umatilla area. Mr. Yoder explained the dike was ruptured due to a build up of water on Lake JoAnna and Lake Swatara, putting pressure on Lake Serpentine, which overflowed.

            Mr. Yoder, Mosquito Control, and Ted Wicks, Acting Director, Pollution Control, explained that Hick's Ditch, located in the same area, was blocked by boards. The water from Lake JoAnna normally flows in that direction into Hick's Ditch and, due to the heavy rainfalls, the ditch was overflowing.

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board denied the request for repair of Mr. Carrie's dike.

            The motion also authorized Public Works to maintain the natural flow of water into Hick's Ditch and authorized the Chairman to authorize an injunction suit if necessary.

            RECESS AND REASSEMBLY

            At 12:05 P.M. the Board recessed for lunch at the Park Restaurant with the public and press being invited on a Dutch treat basis. The Board reconvened at 2:00 P.M. for Code Violations.

            CODE VIOLATIONS

            PUBLIC HEARING ZV-79-123 - Mr. Hayzell Brown

            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. Brown in violation of Ordinance 1971-6, and granted him thirty (30) days to come into compliance.

            PUBLIC HEARING ZV-79-133 - Ms. Ruth Creamor

            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 Ms. Creamor in violation of Ordinance 1970-1, and granted her thirty (30) days to come into compliance.

            PUBLIC HEARING ZV-79-124 - Mr. Arthur E. Roberts

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

            On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board declared Mr. Roberts and the operator of the ski school in violation of Ordinance 1971-6 , and granted them ten (10) days to come into compliance.

            PUBLIC REARING ZV-79-126 - Grace Freewill Baptist Church

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

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board declared Grace Freewill Baptist Church in violation of Ordinance 1971-6, and was granted ten (10) days to come into compliance.

            PUBLIC HEARING ZV 79-134 - Mr. Kenneth Howard

            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. Howard in violation of Ordinance 1970-1, and granted him thirty (30) days to come into compliance.

            PUBLIC HEARING ZV-79-141 - Mr. A. J. Gibb, Jr.

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

            On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board declared Mr. Gibb in violation of Ordinance 1971-6, and granted him thirty (30) days to come into compliance.

            PUBLIC HEARING ZV-79-139 - Mr. Paul Cutcher

            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. Cutcher in violation of Ordinance 1971-6, and granted him thirty (30) days to come into compliance.

            PUBLIC HEARING ZV-79-137 - Mr. Stephen Fischer

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

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board declared Mr. Fischer in violation of Ordinance 1970-1, and granted him thirty (30) days to come into compliance.

            ACCOUNTS ALLOWED/CONTRACTS & AGREEMENTS

            Commr. Windram told the Board of a conversation he had with Mr. Boyd M. Holt who owns and rents, to the County, the Tax Collector Office in Leesburg. Mr. Holt's contract had expired on September 1, 1979.

            On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously the Board authorized Mr. Ford to draw up a new contract with Mr. Holt for $125.00 per month, for one (1) year.

            COMMUNICATIONS/CETA

            At this time Commr. Windram read a letter from the Leesburg Beauty College regarding CETA students for their school.

            Commr. Windram is to talk with Van Porter, Personnel Director, and report back to the Board.

            COMMUNICATIONS/SUPERVISOR OF ELECTIONS

            Commr. Windram read a letter from Mrs. Emogene W. Stegall, Supervisor of Elections, thanking the Board for the salary increases granted the County Employees.

            COMMUNICATIONS/GAME AND FRESH WATER FISH COMMISSION

            Commr. Windram read a letter from the Florida Game and Fresh Water Fish Commission which authorized Lake County and Mr. L. W. Spence to conduct an additional fifty seine hauls for non-game fish in Lakes Griffin and Dora.

            CONTRACTS & AGREEMENTS/MENTAL HEALTH

            Mr. Ford, County Attorney, read contracts between the District III Mental Health Board, Inc., and the Lake County Board of County Commissioners, which were approved during the September 24, 1979, Board Meeting and found them to be in order. Commr. Windram, Chairman, and Mr. James C. Watkins, Clerk, are to sign and return one (1) contract to the Mental Health Board.

            COMMUNICATIONS

            At this time Commr. Windram read a letter from Howell & Taylor, P. A., regarding the Hamp Paulling property.

            Mr. Ford, County Attorney, is to research and report to the Board at the next meeting.

            COMMUNICATIONS

            Commr. Windram acknowledged a letter from Mr. Clarence E. Holmes concerning ad valorem tax reform, and instructed a copy be made for each Commissioner.

            COMMUNICATIONS

            Commr. Windram read letter from an individual opposed to a closing of the right-of-way at East Lake JoAnna.

            COMMUNICATIONS

            On a motion by Commr. Middleton, seconded by Commr. Deems and carried, the Board authorized a letter be written by Mr. Ford, County Attorney, and Commr. Windram to the Clermont- Minneola Area Chamber of Commerce advising since the Resort Tax Law is under consideration by the Governor's Committee on Taxation, that it might be broadened to cite some of the problems of concern. This Board prefers to see if any action is taken before placing the Resort Tax on the ballot.

            Commr. Burhans voted "No."

            LICENSES AND PERMITS

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously the Board approved a gun permit renewal for Patricia Hall.

            COMMUNICATIONS

            Commr. Windram read a letter from the Board of County Commissioners of Citrus County asking the Lake County Board of County Commissioners to join Citrus County in fighting Florida Law 79-183, regarding individual financial audits.

            Commr. Windram and Mr. Ford, County Attorney, are to write a letter to Citrus County advising that Lake County does not wish to join them in this lawsuit.

            COMMUNICATIONS

            Commr. Windram read a letter from the Department of the Army which was referred to Mike Willett, Development and Director of Public Works, and Ted Wicks, Acting Director of Pollution Control, for research.

            MAINTENANCE

            On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board authorized the creation of a County position in maintenance for a carpet cleaner, to cover all County buildings.

            The Board directed Mr. Porter, Personnel Director, to proceed with the proper advertisements for hiring.

            The motion also approved the necessary transfer of funds for the new position.

            COMMUNICATIONS

            Discussion occurred regarding letters received from Senator Vince Fechtel concerning House Bill 1046.

            COMMUNICATIONS

            Discussion occurred regarding the creation of a Fire Taxing District for the Lady Lake, Spring Lake and Picciola areas to be placed on the ballot.

            Commr. Carson informed the Board he had been working with the fire departments of the various communities concerning this matter.

            ASSESSMENTS/ROAD PROJECTS

            On a motion by Commr. Middleton, seconded by Commr. Deems and carried unanimously, the Board authorized the Chairman's signature on Satisfaction of Assessment Lien for A. G. Ross, Lot 4, Block "C," First Addition, Sunny Dell Park; Herbert E. Frerking, Lot 19, Sunny Dell Park; and S. E. Wheeler, Part Lot 17, Block "C," Sunny Dell Park.

            ACCOUNTS ALLOWED

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved payment of warrants 1702 through 2012 for the following accounts:

            General Revenue                    Fine & Forfeiture

            County Transportation Trust  Title II Anti-recession

            State I Mosquito Control        Northeast Hospital

            D. W. I.                                   Block Grant

            Section 8                                 CETA Title I

            CETA Title II                         CETA Title III

            CETA Title IV, S. Y.             CETA Title VI Projects

            CETA Admin.

            CONTRACTS & AGREEMENTS

            On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board authorized the Chairman to sign the Maintenance Agreement and Resolution concerning the flashing beacon to be installed at US 27 and Hawthorne Boulevard in Leesburg.

            There being no further business to be brought to the attention of the Board, adjournment was at 4:15 P.M.

Thomas J. Windram, Chairman

James C. Watkins, Clerk