A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
February 12, 1980
The Lake County Board of County Commissioners convened in Regular Session on Tuesday, February 12, 1980, at 9:00 A.M. in the Board of County Commissioners' Meeting Room, Courthouse, Tavares, Florida. Commissioners present were: C. A. "Lex" Deems, Chairman: Thomas J. Windram, Glenn Y. Middleton, James R. Carson, Jr., and Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Pat Goetzen, Deputy Clerk.
The Invocation was given by Mr. Watkins and the Pledge was led by Commr. Middleton.
AGRICULTURE CENTER/COUNTY EMPLOYEES
Dr. Maurice Cole, District Agent from the University of Florida, appeared before the Board to present Dr. Earl Kelly as a candidate for the Lake County Agricultural Extension Director's Position.
Commr. Windram and Commr. Carson, stated they were both on the Board when Dr. Kelly served as Lake County Extension Director, 10 years ago and they indicated they were delighted to have him return.
Dr. Cole advised the Board of three (3) requests which Dr. Kelly would like approved by the Board, if he is offered the position:
1. Dr. Kelly be given credit for three years of previous service in Lake County,
2. Dr. Kelly be granted the transfer of 15 days of accumulated annual leave to the Lake County records, and,
3. Dr. Kelly's county salary be that salary currently budgeted by the Lake County Board of County Commissioners.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board offered the position of Lake County Agricultural Extension Director to Dr. Kelly and approved the three (3) requests as submitted to the Board. Effective date of employment to be March 14, 1980.
COUNTY BUILDINGS AND GROUNDS
Discussion occurred regarding availability of public parking space in the Old Courthouse parking lot. It was pointed out that the employees from HRS were parking in the lot, therefore, the public was unable to park there.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board directed Mr. Watkins, Clerk, to have a chain placed across the entrances to the Old Courthouse parking lot until 9:00 A.M. each morning to eliminate County and State employees from parking in this particular lot which will then provide available parking for the public.
ELECTIONS
On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board authorized to close off the Old Courthouse parking lot and allow only 15 minute parking for Precinct #39, on March 11, 1980, as requested by Mrs. Stegall, Supervisor of Elections.
The motion also included the recommendation of the County Attorney to provide an off duty policeman or Deputy Sheriff to police the parking lot on the date indicated.
FAIRGROUNDS
Commr. Burhans stated someone from the Tractor Pull Association had contacted Mr. Bainter and informed him they were going to tear down the lighting and fencing in the Tractor Pull Arena at the Fairgrounds.
The lighting and fencing were put up under the approval of the Board and Commr. Burhans directed Mr. Watkins, Clerk, to advise Mr. Smalt, Acting Fairgrounds Director, to communicate to anyone renting the facilities they would be responsible for any damage done to the facility.
TRAVEL/EMERGENCY SERVICES
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved travel for Bob Lewis, Emergency Services Director, to attend a Governmental Operations Committee hearing on justification of performance of Bureau of Disaster Preparedness, on Tuesday, February 12, 1980, to confer with HRS Hdrman Stokes, liaison officer, on food stuffs supply during a nuclear accident on Monday, February 11, 1980, and to the Governor's Energy Office for briefing on new guidelines, February 13, 1980. Total cost to be $96.25.
ANIMAL CONTROL
Commr. Carson read a letter from Frankie L. Thorp, Supervisor, Animal Control, stating February 13, 1980 would mark her fifth year of employment with Animal Control and expressed her appreciation to the Board for the opportunity to serve with the Animal Control Department.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board directed a letter be written from the Board to Frankie to acknowledge her five years of service and the Board’s appreciation to her.
PURCHASING/VETERANS SERVICE
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board accepted the bid proposal submitted by Bud Boyce for repair to be done in the Veterans Service Office. Total amount of bid - $1,585.00. It was also approved to use County employees (Rehab) to assist in completion of the work.
The motion also included acceptance of the low bid of $219.60 for carpet to be installed in the Veterans Office. Bid submitted by Jan Ziegengeist.
PURCHASING/MAINTENANCE
Ms. Showley, Purchasing Agent, presented a request submitted by the Maintenance Department for the purchase of four pair of draperies for the offices in the Old Courthouse currently being occupied by Senator Fechtel.
Ms. Showley indicated the estimated cost for flame retardant draperies would be approximately $300.00. However, less expensive draperies could be purchased for approximately $150.00 to $200.00 and sprayed with a chemical, which Mr. Dixon, Maintenance, indicated we have on hand, to make them flame retardant.
The Board referred the request to Mr. Ford, County Attorney, and Mr. Watkins, Clerk, to research whether the County should be providing accessories as well as the space now provided by the County.
INSURANCE/CETA
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the application for Student Accident Coverage Insurance for CETA participants enrolled in classroom training programs at Vo Tech and Lake Sumter Community College. The insurance from Mr. Earl Martin of Leesburg has been carried in previous years and provides accident coverage of up to $10,000 per accident for treatment of injuries received while going to, attending, or returning from classes.
FIRE DISTRICTS/APPOINTMENTS
A letter was presented to the Board from Mr. Joseph Leibold advising he wished to resign from his appointment as Fire Commissioner for the Paisley Fire District.
ACCOUNTS ALLOWED/EMERGENCY SERVICES
On a motion by Commr. Windram, seconded by Commr. Middleton and carried, the Board approved the total system monthly rate of $182.84 for telephone service in the Emergency Services Office (343-2351), as reflected in the letter from Florida Telephone Corporation dated February 7, 1980.
Commr. Carson abstained from discussion and vote due to his affiliation with the Telephone Company.
COMMUNICATIONS/CLERK
Mr. Watkins, Clerk, presented a request from the Methodist Church in Leesburg for a load of top soil to fill a sink hole.
The Board directed Mr. Watkins, Clerk, to advise Mr. Griffin, who made the request, that the Board refrains from working on church property.
CLERK OF THE CIRCUIT COURT
Mr. Watkins, Clerk, presented the information he had received explaining the QWIP communication system discussed by the Board at a previous meeting. Mr. Watkins, indicated you could only communicate with those persons or locations having a QWIP system, which could be a drawback. The cost of the equipment is approximately $1,500 for a QWIP 1200 with a 90-day warranty.
The Board did not feel the machine would be beneficial enough to warrant the cost.
REPORTS/JUVENILE
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board acknowledged receipt of the following reports:
1. Monthly Status Report from Youth Programs, Inc. covering October 29, 1979 to January 25, 1980.
2. Traffic-Criminal Department Distribution of Revenue Report for January 31, 1980.
3. Juvenile Jail Sentences for the month of October, November, December, 1979 and January, 1980.
ACCOUNTS ALLOWED/JAIL
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved payment to John S. Dickerson, Architect, for Jail weatherproofing, Project #6-79, in the amount of $235.73, and Jail interior refurbishing, Project #26-79 in the amount of $420.00.
ASSESSMENTS
Mr. Watkins, Clerk, stated the Public Works Department has requested the Finance Department to consider the idea to charge a figure of cost in each assessment project plus attorney fees.
Mr. Watkins feels a figure of $100.00 plus attorney fees would be sufficient if the Board desires to impose such a cost.
The Board indicated they wanted to continue to encourage those who were willing to pay to have their roads paved to do so but they did not feel additional fees were appropriate.
COMMUNICATIONS
Commr. Deems referred to a letter from the Naval Research Laboratory Underwater Sound Reference Division, Orlando, requesting the County to build a road for access to the Naval facility and the Branham home. The letter indicated there is now a 25' right of-way and Mr. Valentine, another property owner located in this area, had indicated he would deed an additional 25' to make a 50' right-of-way.
On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board denied the request, due to the fact that the road would only serve three (3) property owners and the County could not participate in building a road which is of such low priority as this one is.
At this time the League of Women Voters, celebrating their 60th Birthday, appeared before the Board represented by Eloise Fisher, President, and presented a Resolution commending the Lake County Board of Commissioners for their dedication, service, and great concern for their County's welfare.
The Board was also presented with a cake as a symbol of hope for the continued spirit of cooperation and unity among all citizens of Lake County.
CLERK OF THE CIRCUIT COURT
Mr. Watkins, Clerk, advised the Board that the Tavares City Hall would be moving from their present location, which is across from the new Courthouse, to a downtown location and the Board might want to consider the old City Hall Building for additional County space.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board referred the information presented to the Building Committee for further review.
GRANTS/EAST CENTRAL FLORIDA PLANNING COUNCIL/RESOLUTIONS
Mr. Cliff Guillet, representing the East Central Florida Planning Council, appeared before the Board to request that the Board authorize a resolution to join with other applicants in the area in support of the LEAA/Criminal Justice Entitlement Funds, a grant program.
Police Chief, Ralph Perry, City of Leesburg, appeared before the Board and indicated the City of Leesburg had passed a similar resolution in support of the request and, to his knowledge, the Cities of Mt. Dora and Eustis have done the same.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the requested resolution to be drawn up by the County Attorney and the Chairman and Clerk's signature be authorized.
CETA
Tom Schley, CETA Director, presented the CETA 1980 Fiscal Year Modification. A 34% increase over the previously submitted annual plan must be utilized prior to the end of the fiscal year, September 30, 1980.
Mr. Schley's recommendations for utilization of this increase are as follows:
Title IIB:
Additional $255,496.00 available :
A. Expansion of the Homebuilders Association Carpenter
Training program to serve 15 additional participants.
B. Extending the Individualized Manpower Program Training System (IMTS) for 5 additional weeks and increasing enrollment to 7 participants.
C. Establishment of a Short-Term Intensive Secretarial (SIS) course to be operated by Lake Sumter Community College for 47 individuals.
D. Providing Remedial Education for 15 participants in cooperation with Lake County Public School System Adult Education Program.
E. Expansion of the less than classroom size occupational training program by 41 participants.
F. Expansion of the Service staff by adding 2 additional employability counselors, 1 intake worker, and in addition, creating two positions titled placement specialists at an annualized pay rate of $9600.00. The costs for the intake worker and two placement specialists will be distributed among all titles
G. Reduction of the administrative budget from $61,475 to $52,055.
Title IV YETP:
$27,674.00 additional increase to be distributed proportionately between Youth Work Experience and Career Employment Experience increasing the total # of participants from 54 to 72.
Title IID PSE:
$212,353.00 additional funding will enable all positions on the original fiscal 1980 priority list, increasing the total number of positions authorized from 88 to 177.
Title VI Public Service Employment
Increase the number of Public Service Employment positions from 30 to 86, representing exhaustion of the original fiscal year 1980 priority list and the inclusion of project request previously authorized by the Board.
In addition, 15 laborer positions with the Board are included for planning purposes to bring the number of positions in line with additional fund to be utilized.
Title VI Projects
$334,168.00 additional funding available to fulfill the regulatory requirements of utilizing one-half of the Title VI funds in the project mode the following is recommended:
1. Notification to all agencies eligible for funding of the availability of Title VI project funds and distribution of Title VI project applications.
2. Workshop for eligible applicants to familiarize them with the application process and deadlines.
3. Make designated CETA staff available to potential project applicants for assistance where needed.
4. Submit project requests to the Lake County Board of County Commissioners for review and approval.
5. Submit approval requests to the District Advisory Board for their review.
6. Finally, submit project requests to Tallahassee for final determination and approval.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the modifications as submitted by Mr. Schley.
PLANNING DEPARTMENT
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board denied the request of Edgar L. McNeil, Lady Lake Area, District #l, Case #80-10, for waiver of improvement requirements and plan requirements of the Subdivision Regulations - Section 62.
This request was previously denied on February 5, 1980 and brought back this date due to an error on the aerial photograph at the first presentation.
GRANTS/PLANNING DEPARTMENT
On a motion by Commr. Middleton, seconded by Commr. Windram and carried unanimously, the Board approved the recommendation of the Planning Department to employ the services of Mr. John Rocker as appraiser for the Sorrento Park Site acquisition.
PUBLIC WORKS/ACCOUNTS ALLOWED
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board authorized the release of $17,610.80, plus interest, for Sunny Acres Subdivision and the transfer of $14,833.20 to the escrow account.
CONTRACTS-AGREEMENTS-LEASES
On a motion by Commr. Windram, seconded by Commr. Middleton and carried unanimously, the Board authorized the Chairman to sign the contract with Mr. John Rocker for appraisal of the park site acquisition in Sorrento.
MINUTES/POLLUTION CONTROL
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board clarified the minutes of October 16, 1979, to show the State Biological report was presented to the Board by Ted Wicks, Acting Pollution Control Director, considered and made a part of those minutes in reference to the John LaBruzzo request.
RECESS/REASSEMBLY
At 11:42 A.M., the Board adjourned for lunch at the Golden Coral in Eustis, with the public and press invited on a dutch treat basis.
The Board reconvened at 2:00 P.M. for REZONING.
REZONING
PUBLIC HEARING #85-79-5 RM to A R. L. Langford
Neal Huebsch, Attorney representing Mr. Langford, appeared before the Board and requested the Board establish some type of zoning the people of the Deerhaven Community could live with and have the type of community that suits their needs.
Mr. Huebsch stated Mr. Langford's sawmill was only a hobby and not a commercial business.
Mr. Willett, Director of Development and Public Works, advised the Board he and members of his staff had met with the people of Deerhaven on several occasions but had not been able to come up with a solution to suit the needs of the community according to the Zoning rules and regulations.
Mr. H. G. Fredericks, Jr., Orlando, property owner in Deerhaven, addressed the Board in favor of denial of the zoning request.
On a motion by Commr. Windram, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and denied the rezoning request.
PUBLIC HEARING CUP #670-5 CUP in A R. L. Langford
Neal Huebsch, Attorney representing Mr. Langford, was present but felt any necessary discussion had been taken care of in the previous case.
On a motion by Commr. Carson, seconded by Commr. Windram, and carried unanimously, the Board denied the request upon recommendation of counsel and the Planning Department and Planning and Zoning Commission.
PUBLIC HEARING #13-80-l RR to LM City of Leesburg
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Middleton and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning to LM. Commr. Windram was not present for the vote.
PUBLIC HEARING CUP #690-l CUP in LM City of Leesburg
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the CUP in LM.
Commr. Windram was not present for the vote.
PUBLIC HEARING #10-80-5 C-l to A Ellsworth D. Adams
No one present wished to discuss this case with the Board.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning to A.
PUBLIC HEARING #14-80-5 C-l to R-l-6 P & Z Commission (Staff)
Thomas Merrill, Umatilla, was present and expressed his opposition to the approval of the rezoning request.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning to R-1-6.
PUBLIC HEARING #l-80-5 RMRP to RM Karen Mellon
No one present wished to discuss this case with the Board.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning to RM.
PUBLIC HEARING #9-80-5 RR to A Jerry Baker
No one present wished to discuss this case with the Board.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning to A.
PUBLIC HEARING #8-80-4 A to C-l or CP Earl Showers
No one present wished to discuss this case with the Board.
On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning to CP.
PUBLIC HARING #2-80-4 A to RR William McCreary
No one present wished to discuss this case with the Board.
On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning to RR.
PUBLIC HEARING #12-80-4 C-l to RP Ivy Home Builders
A petition was presented to the Board in opposition to the request for rezoning.
After discussion, several of the petitioners who were present indicated they had no objection to building plans but they stated they would object to percolation ponds for disposal.
Mr. Wicks, Acting Pollution Control Director, advised that the ponds would not be permissable in this particular area.
On a motion by Commr. Windram, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning to RP.
PUBLIC HEARING CUP #694-3 CUP in A Joseph Horvath
No one present wished to discuss this case with the Board.
On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the CUP in A.
PUBLIC HEARING #6-80-2 A to RR Padqett Enterprises
Ruth Padgett was present to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request.
PUBLIC HEARING #3-80-l LM to C-2 or CP Anna Wilson
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request.
PUBLIC HEARING #4-80-l RR to C-2 or CP Anna Wilson
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning to C-2.
PUBLIC HEARING CUP #59OA-1 AMEND CUP #590-l P & Z Commission (Staff)
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved amendment of CUP #590-l to delete #5 a, and to remove the modification referring to the requirement of light and sirens at any time the fire equipment is moved.
PUBLIC HEARING #11-80-l RR to RM Rolland Atley
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning to RM.
PUBLIC HEARING #5-80-l A to RR Padqett Enterprises
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning to RR.
PUBLIC HEARING #7-80-l A to RR Edwin Padgett
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning to RR.
COMMUNICATIONS
Commr. Windram informed the Board he had been contacted by Mike Cyrus regarding an electrical device to prevent electrical surges which could cause damage to equipment used in the building, such as computers, etc.
Mr. Cyrus also stated the device would cut down on energy usage.
ACCOUNTS REFUSED
Mr. Gary Udouj appeared before the Board and requested the Board provide funding in the amount of $3,750 to assist the Greater Orlando Area Legal Service (GOALS), serving Lake County, in obtaining Community Trust Funds from the State.
After considerable discussion, Commr. Carson moved to deny the request for unbudgeted funds. He stated he did not feel funding would be in the best interest of the citizens of Lake County. The motion died for lack of a second.
Commr. Middleton moved to grant the request of funding in the amount of $3,750. Commr. Burhans seconded the motion.
Commr. Carson, Commr. Windram and Commr. Deems voted "NO". Motion did not carry.
ANIMAL CONTROL/CONTRACTS-AGREEMENTS-LEASES
Mr. Ford, County Attorney, presented a contract between the County and S & N Hay and Cattle Co., Inc. for the pick up of large animals within the County.
After discussion, the Board directed Mr. Ford to include a clause indicating S & N Hay and Cattle Co., Inc. would assume liability for any injuries.
Mr. Ford will present the contract with the added clause at the next Board meeting.
NURSING HOME
Commr. Burhans informed the Board that Lonnie Strickland, Nursing Home Administrator, passed his State Board Exam and has received his State license.
COMMISSIONERS
Commr. Carson stated he would be attending the State Association of County Commissioners Conference in Orlando, February 20 through 22, 1980.
POLLUTION CONTROL
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved for Ted Wicks, Acting Pollution Director, to drive the County vehicle to West Palm Beach.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:30 P.M.
C.A. “Lex” Deems, Chairman
James C. Watkins, Clerk
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