A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

APRIL 8, 1980

            The Lake County Board of County Commissioners convened in Regular Session on Tuesday, April 8, 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: Christopher C. Ford, County Attorney; Pat Goetzen, Deputy Clerk.

            The Invocation was given by Commr. Carson and the Pledge was led by Commr. Middleton.

            EMERGENCY SERVICES/TRAVEL/ACCOUNTS ALLOWED

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board approved travel for Bob Lewis, Emergency Services Director, to attend the 2nd annual National Hurricane Conference, April 23 through 25, 1980, in Orlando, at an anticipated cost of $110.60 including $80.00 registration fee.

            CETA

            Commr. Deems read a letter from the U. S. Department of Labor stating Lake County's population of 93,300, according to Census Bureau figure, does not meet the criteria of 100,000 persons to be eligible to become a CETA prime sponsor. Due to these figures the preapplication submitted by Lake County will not be approved.

            NURSING HOME/BUDGET

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved a new line item to be entered in the Nursing Home Budget in the following manner: From line item #120 (Regular Salaries) $5,000.00; from line item #230 (Life & Health Ins.) $5,000.00. This would create a new line item in the amount of $l0,000.00 for the purchase of new equipment needed for the Nursing Home. The Board directed any purchases should be made through the County Purchasing Department.

            VETERANS SERVICE OFFICER/TRAVEL/ACCOUNTS ALLOWED

            On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board approved travel for the Veterans Office Staff (Ragland, Retey, Brown, Orr) to attend the annual State Service Officers' Training Conference to be held May 3rd, through May 8th, 1980, in Daytona at an estimated cost of $991.12. Mrs. Retey, Mr. Brown, and Mrs. Orr, will attend only the ABC School, May 3 through May 4, 1980.

            CETA/TRAVEL/ACCOUNTS ALLOWED

            On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved travel for Tom Schley, CETA Director, Jimmy Jones and Joy Holland, to attend a meeting of the CETA District Advisory Board on Wednesday, April 9, 1980. Cost of travel payable from CETA Administrative Contract.

            OUTDOOR RECREATIONAL FACILITIES/COMMUNICATIONS

            Mr. Bruce McClelland appeared before the Board to discuss the problems at the Lake Dalahousie Boat Ramp in Umatilla. Mr. McClelland lives near the boat ramp and informed the Board of incidents of speeding cars on the road leading to the ramp, speeding boats, drinking, and trash being thrown not only in the park area but in the residents yards. Mr. McClelland feels some type of control is necessary before someone is injured.

            The subject had been discussed by the Board on previous occasions and the Sheriff's Department has been requested to patrol the area more frequently and a resolution has been passed regarding the park. Several possible solutions were discussed including the possibility of closing the park for six (6) months then reopening it. The Board directed Mr. Ford, County Attorney. to research the matter and present his findings at the May 6, 1980 meeting of the Board.

            PERSONNEL/MVI STATIONS/COUNTY EMPLOYEES

            On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved a salary increase for Bernice Ivey, MVI employee, in the amount of $414.00 annually, bringing her total annual salary to $7,320.00. Increase to be effective in the next pay period.

            MENTAL HEALTH

            Mr. Bert Lacey, Executive Director, Lake Sumter Community Mental Health, appeared before the Board to request assistance in funding for a busing system being implemented by Lake Sumter Community Mental Health for non-emergency transportation. The amount requested is $7,200.00.

            Ms. Florence Hunter, President, Lake County Council on Aging and Mr. Larry Ogle, Open Door, Eustis, both addressed the Board and stated their intent to contract with Lake Sumter Mental Health for the transportation service and requested the Board's support in funding the project.

            The Board asked Mr. Lacey to return to the Board with a more detailed proposal for their consideration and also directed the Clerk to check regarding the County's availability of funds.

            CETA

            On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request of Mr. Schley, CETA Director, for additional PSE positions for the City of Umatilla: Three (3) laborer positions at a total of $11,765.00. The new positions are possible due to an increase in funding and lapsed funds during the earlier part of the fiscal year. Positions funded under Title VI PSE.

            APPOINTMENTS/COMMUNICATIONS

            Commr. Deems referred to a letter from the St. Johns River Water Management District, advising that Governor Graham has appointed Mrs. Lynne C. Capehart to the Governing Board of the District, effective August 20, 1979. Mrs. Capehart was selected from the area covering Lake County and may be contacted at: 1601 NW 35th Way, Gainesville, Florida 32605; (904) 373-2039.

            ACCOUNTS ALLOWED/MEETINGS/COMMITTEES

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board approved payment to the South Lake Press in the amount of $26.25, covering advertising costs for a Resort Tax Meeting.

            COUNTY BUILDINGS & GROUNDS/COURTHOUSE

            Mr . Dickerson's, Architect, report regarding the roof of the old Courthouse was presented to the Board giving recommendations for repair of the roof. The Board referred the report to the Building Committee for further review and recommendations.

            WELFARE DEPARTMENT/ACCOUNTS ALLOWED

            On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board approved the request of Myra Smith, Welfare Director, to transport Erin Duncan, patient, to the A. G. Holly State Hospital in Lantana today, traveling by plane at a cost of $50.00.

            REPORTS/CLERK OF THE CIRCUIT COURT

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board acknowledged receipt of the March 31, 1980, Traffic-Criminal Department Distribution of Revenue Report.

            COUNTY ATTORNEY/ROADS-COUNTY, STATE

            On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the Statement of Account to the Department of Transportation for Lake County vs M & L Association at $8,888.05 and Lake County vs Andrew S. Blount at $7,534.25. These statements for road condemnation suits were prepared by Mr. Ford, County Attorney.

            NURSING HOME/CONTRACTS-LEASES-AGREEMENTS

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the Agreement between Lake Memorial Nursing Home and Durharn Young Clinic for Laboratory Services for the usual and customary fee for such services. The agreement shall be in effect for the term of one year from this date.

            ACCOUNTS ALLOWED/MEETINGS/PLANNING

            On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved payment to the Sentinel Star Company in the amount of $1.48 for advertisement of a Public Notice Re: Workshop sessions 1st and 3rd Wednesdays of April, May and June, 1980.

            ACCOUNTS ALLOWED/MEETINGS/COMMITTEES

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved payment to the Sentinel Star Company in the amount of $68.25 for advertisement of a Resort Tax Meeting on March 6, 1980.

            ACCOUNTS ALLOWED/COUNTY BUILDINGS & GROUNDS/JAIL

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board approved payment to John S. Dickerson, Architect, in the amount of $70.00, for Project #6-79, Jail Weatherproofing.

            BIDS/PURCHASING

            Norma Showley, Purchasing Agent, presented the bids received for limestone.

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board accepted the bid from Brooksville Rock, Brooksville, Florida, at $7.00/ton, good through April 14, 1981.

            AGRICULTURE CENTER/PURCHASING DEPARTMENT

            On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the purchase of one credenza for John Jackson's office at the Agriculture Center. Purchase not to exceed $180.00.

            BONDS-MOBILE HOME

            On a motion by Commr. Windram, seconded by Commr. Middleton and carried unanimously, the Board approved the request of Agnes Ross, Sorrento Area, District 4, to live in a mobile home on the same piece of property on which his conventional dwelling is being built, subject to the proper bond being posted and with the understanding 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. Windram, seconded by Commr. Middleton and carried unanimously, the Board approved the request of Arthur J. Burdick, Sorrento Area - District 4, to live in a mobile home on the same piece of property on which his conventional dwelling is being built, subject to the proper bond being posted and with the understanding 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. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request of Richard E. Frieszell - Lake Mack Area - District 5, to live in a mobile home on the same piece of property on which his conventional dwelling is being built, subject to the proper bond being posted and with the understanding the mobile home will be removed immediately upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners.

            PLANNING

            On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board approved the request for waiver of improvement requirements and plan requirements of the Subdivision Regulations - Section 62 for Flossie Spann and Monritta Grayson, Silver Lake Area, District #1, Case #80-14.

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved the request for waiver of improvement requirements and plan requirements of the Subdivision Regulations - Section 62 for L. Jack E11, Lake Mack Area, District #5 Case #80-15.

            GRANTS/ACCOUNTS ALLOWED

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved to pay estimate #l in the amount of $19,962.00 to All American Construction Company, Inc. - Village of Sorrento, Project No. 2-80 under the Community Development Block Grant.

            PUBLIC WORKS/COMMUNICATIONS/PETITIONS

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board directed Mr. Willett, Development and Public Works Director, to complete further engineering studies concerning a reevaluation of Lake Schermerhorn drainage. The residents state in the petition that one resident has dammed up an area and caused excessive drainage affecting the other residents.

            PUBLIC WORKS/BIDS

            On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board approved the bid of $1,500.00 from Ace Tree Company, for the removal of approximately 46 Australian Pine trees on Sunnyside Drive. Mr. Willett informed he had obtained a hold harmless agreement from the property owners.

            PUBLIC WORKS

            Mr . Willett, Development and Public Works Director, informed the Board there had been no quotes received regarding a consultant for bridge inspections therefore he would request postponement of the matter until quotes could be obtained.

            PUBLIC WORKS/SCHOOLS/ROADS-COUNTY, STATE

            Mr. Willett, Development and Public Works Director, presented a request from the Lake County School Board for work to be done on Red Head Road in Shockley Heights. The road is used by school buses and is in need of clay.

            Commr. Burhans moved to repair the road as requested. The motion died for lack of a second.

            Discussion continued regarding the publically dedicated right-of-way. The Board directed Mr. Willett to obtain one time maintenance figures for the work and bring back before the Board for consideration.

            PERSONNEL/COUNTY EMPLOYEES

            Commr. Windram advised the Board he had talked with Mr. Timmons, Personnel Director, and Mr. Timmons has indicated he does not plan to fill the position of Assistant Personnel Director at this time. Mr. Timmons also indicated he is not in need of the Chevette vehicle and suggested the Board assign the vehicle where needed. The Board directed Mr. Willett to check to see if there is a need in some area for the vehicle.

            SUITS AFFECTING THE COUNTY

            Mr . Ford, County Attorney, advised the Board that the injunction which the Board approved at the April 1, 1980 meeting, against Mr. Jucha, Silver Beach Heights, for placing a mobile home on property without the proper permits, had been obtained and was being pursued.

            EMERGENCY MEDICAL SERVICES/CONTRACTS-LEASES-AGREEMENTS

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved travel for Bob Jordan and others as selected by Dr. Langley, to attend a training workshop on April 14, 1980, at St. Joseph's Hospital, Tampa, for use of the "Thumper" (mechanical CPR device) which Lake County is to receive. The Board approved mileage only.

            The motion also included authorization for Mr. Jordan to sign the Equipment Loan Agreement for the "Thumper" for Lake County.

            COMMUNICATIONS

            Mr. Hoffman, Lakeview Heights, Leesburg, addressed the Board concerning what he and other residents of the area feel to be problems requiring immediate attention. Mr. Hoffman asked the Board how the subdivision of Lakeview Heights was zoned and was advised by Mr. Willett the subdivision was in an RM zone.

            Mr. Hoffman asked why people are allowed to load their yards with junk and devalue other properties. He indicated some of the violators had been given notice by the County to clean up.

            Mr . Hoffman wanted to know if there was such a law that prohibits littering in Lake County and, if so, how would one get the law enforced. He stated he was referring to throwing trash and garbage out and he would like to see something done about the problem.

            Mr. Willett, Development and Public Works Director, stated that at least nine (9) of the alleged violators in the subdivision had been cited by Code Enforcement for violations since March 28, 1980.

            Mr. Hoffman stated when people call in about the problems no one seems to know what department would cover the matter and they get passed back and forth with nothing being solved.

            Mr . Hoffman wanted to know how an addition could be put on a mobile home, with a permit, inspected and the people allowed to live in it with only one door to the mobile home. Mr. Willett advised Zoning has no control over the number of doors.

            Mr. Hoffman also wanted to know why those persons who would be concerned are not notified of the hearing when a person applies for a variance. He informed the Board he had checked at the Public Works Department and found no record of utility permits for underground water lines in his area.

            Mr . Hoffman requested Commr. Carson to come into the area and see what problems exist. Commr. Carson and other members of the staff will make arrangements to visit the area.

            Mrs. Harry Sebree, resident of the area under discussion, stated the area is quite messy and similar to living in a big cow pasture, however, she stated she feels much better after coming here today.

            Mr. Hoffman requested three (3) copies of the minutes be sent to him.

            RECESS AND REASSEMBLY

            At 12:00 noon the Board recessed for lunch at the Greenhouse with the Public and Press invited on a Dutch treat basis.

            The Board reconvened at 2:00 P.M. for Rezoning.

            REZONING

            PUBLIC HEARING #15-80-3 RMRP to RM Olibert Paquette

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

            On a motion by Commr. Middleton, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the request.

            PUBLIC HEARING CLASSIFICATION OF USES H. L. Pringle

            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 Commission and approved the Classification of Use for a television station in R-1-7 under a CUP.

            PUBLIC HEARING CUP #695-5 in R-1-7 - H. L. Pringle

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

            On a motion by Cornmr. Middleton, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the CUP in R-1-7 for a television broadcasting station and tower facilities.

            PUBLIC HEARING #27-80-3 A to 1 - Larry R. Ringle

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

            On a motion by Commr. Middleton, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from A to M-1.

            PUBLIC HEARING #33-80-3 Amend CP - Billy Brewer

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

            On a motion by Commr. Middleton, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved to amend CP to relocate B.B.Q.

            PUBLIC HEARING #37-80-2 R-1-7 to R-1-5 - Helen Coffie

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

            On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from R-1-7 (Urban Residential) to R-1-5 (Mobile or Mixed Residential).

            PUBLIC HEARING CUP #704-2 CUP in A - Frank Huerta

            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 Commission and approved the CUP in A for a hog ranch.

            PUBLIC HEARING #26-80-2 A to R-1-5 - Clarence Golden

            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 Commission and denied the rezoning.

            PUBLIC HEARING #34-80-1 RR to A - Mildred Wolfe

            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 Commission and approved rezoning from RR (Rural Residential) to A (Agricultural).

            PUBLIC HEARING CUP #705-1 CUP in A - Edgar L. McNeil

            Dewey Burnsed, Attorney, appeared before the Board to express opposition to the request of the petitioner for withdrawal. Attorney Burnsed requested the case be denied with prejudice or denied.

            On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the CUP in A and denied the request of the petitioner for withdrawal.

            PUBLIC HEARING #30-80-1 C-2 & RR to R-1-5 - Dewey O. Case

            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 Commission and approved rezoning from C-2 (Community Commercial) to RR (Rural Residential)

            PUBLIC HEARING #36-80-1 RR to A - Donald Morris

            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 Commission and approved the rezoning from RR (Rural Residential) to A (Agriculture).

            PUBLIC HEARING CUP #702-1 CUP in RM - Orange Blossom Gardens

            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 Commission and postponed the case until May 13, 1980, at 2:00 P.M. or as soon thereafter as possible.

            PUBLIC HEARING #31-80-1 C-1 to R-1-5 - Barkley W. Hall

            Mr. Hall was present and asked the Board if it would be necessary to come back to the Board to subdivide and plat the property. The Board advised Mr. Hall that he would have to have Board approval.

            On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from C-1 (Rural or Tourist Commercial) to R-1-5 (Urban Residential).

            PUBLIC HEARING #32-80-5 R-1-7 to RMRP - Richard Whalen

            Mr. Whalen addressed the Board expressing his opposition to denial of this case, and submitted to the Board a petition of 343 names who favor this request for rezoning. Mr. Dan Ross and Mr. Schrom, residents of Mr. Whalen's present mobile home park, addressed the Board in opposition to denial of the request.

            Mrs. Day, resident of the mobile home park to the east of Mr. Whalen's park, stated her opposition to this request for rezoning.

            On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the request for rezoning.

            PUBLIC HEARING #35-80-5 K-1-7 to R-1-5 - Karen L. Snow

            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 Commission and approved the rezoning from R-1-7 (Urban Residential) to R-1-5 (Mobile or Mixed Residential).

            PUBLIC HEARING CUP #701-4 CUP in A - Jimmy Godwin

            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 postponed this case until May 13, at 2:00 P.M. or as soon thereafter as possible as recommended by the Planning Commission.

            PUBLIC HEARING CUP #703-4 CUP in A - Adventist Health System/Sunbelt Inc.

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

            On a motion by Commr. Windram, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning Commission and postponed this case until May 13, 1980, at 2:00 P.M. or as soon thereafter as possible.

            PUBLIC HEARING #28-80-4 RM to A - James W. Whiter

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

            On a motion by Commr. Windram, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from RM (Mobile Home Residential) to A (Agriculture).

            PUBLIC HEARING #29-80-4 RM to A - Millman Ingraham

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

            On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the rezoning from RM (Mobile Home Residential District) to A (Agricultural).

            RESOLUTIONS/COUNTY EMPLOYEES/PUBLIC WORKS

            On a motion by Commr. Windram, seconded by Commr. Middleton and carried unanimously, the Board authorized Mr. Ford, County Attorney, to draw up a Resolution for Louis Endinger, a long-time Road and Bridge Department employee, who was killed in an automobile accident recently. The Resolution is to be signed by the Chairman and sent to Mr. Endinger's wife.

            LICENSES & PERMITS

            On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the issuance of a license from T. Keith Hall, Tax Collector, to Walter Johnson as a Fortune Teller.

            TRAVEL/PURCHASING DEPARTMENT/ACCOUNTS ALLOWED

            On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board approved travel for Norma Showley, Purchasing Agent, to attend the annual Florida Association of Governmental Purchasing Officers Conference and Seminar, to be held in Pensacola, April 29 through May 2, 1980. Estimated total cost to attend is $200.00 (including $35.00 registration fee).

            There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:02 P.M.

C.A. “Lex” Deems, Chairman

James C. Watkins, Clerk

PG/5-20-80