A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MAY 17, 1977

The Lake County Board of County Commissioners convened in regular session on Tuesday, May 17, 1977, at 9:00 a.m., in the Board of County Commissioners’ Room, Courthouse, Tavares, Florida. Present were: C.A. Deems, Chairman; J. M. Hoskinson; Thomas J. Windram; Glenn C. Burhans and James R. Carson, Jr. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Sharon Mitchell, Deputy Clerk.

The Invocation was given by Reverend Terry Jackson, and the Pledge of Allegiance was led by James R. Carson, Jr.

bonds

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

1432-77 James W. Crabtree dba J. D. Plumbing Company

1534-77 Gregor Hepner dba Electrical Contractor

1536-77 William T. Henry dba Mobile Home Set-Up Contr.

reports

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved the Cost Reports, as prepared by Frederick W. Shaw, for the Lake County Nursing Home, during the period from October 1, 1976 to March 31, 1977.

accounts allowed

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

General Revenue 1906-2033 Youth Counselor 9-10

Road & Bridge 653-715 Section 8 51

Fine & Forfeiture 309-323 R & B Spec. Assess. 4

Auto Inspection 139-147 Title II Anti-Recession 2-3

Fish Conservation 18-19 COR (Co. Bldgs.) 28-33

licenses and permits

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved Mr. C. Dayton Kurtz’s request to delete the 357 Calibre Ruger Firearm, Serial No. 31-26328, from his Firearm Permit, and add a 41 Calibre, Ruger Firearm, Serial No. 40-20058 to the Firearm Permit.

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved Mr. Geoffrey W. Beyer’s request to add a 38 Calibre, Smith and Wesson Firearm, Serial No. J480629 to his Firearm Permit.

roads – county, state

Commr. Carson stated that he had received a letter from Jay W. Brown of the Department of Transportation in response to the Lake County Board of County Commissioners’ resolution of April 19, 1977 concerning the transfer of roads from the State Primary System. This was read and filed.

Communications/tax levy

Commr. Deems acknowledged receipt of a letter from the City of Leesburg stating that they had sent a letter and resolution to the State Legislature opposing House Bill 1726, regarding millages, roll backs and public hearings for tax millage increases.

communications

Commr. Deems presented a letter to the Board from the City of Fruitland Park, extending an invitation to attend the festivities on May 21, 1977, beginning at 10:00 a.m. with a parade in honor of the Armed Forces for Armed Forces Day. Commissioners James R. Carson, Jr. and Thomas J. Windram stated that they would be unable to attend due to prior commitments and requested that letters be written to the City of Fruitland Park stating same.

courthouse

Commr. Hoskinson stated that he had discussed with Gary Knuckles, Purchasing Director, the possibilities of organizing a “copy center” for all Departments under the County’s jurisdiction and including the Clerk’s Office. He suggested that the best location would probably be in the Old Courthouse on the ground floor. It was also suggested that this should be done when the other Departments move into the Old Courthouse building and that possibly the large copy machine which the Planning and Zoning Department recently acquired would be used in this area.

Commr. Hoskinson stated that there was also discussion of having a combination mailroom in this area rather than each department renting a box at the Post Office. It was further stated that if a “copy center” and combination mailroom is created, it will be necessary to hire a skilled, trained technician to operate the equipment.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved for Commr. Hoskinson to work with Gary Knuckles in obtaining prices for organizing a “copy center” and a combination mailroom in the old Courthouse building.

roads – county, state

Commr. Deems presented a letter to the Board from James M. Crall requesting repair work to be done on the road that runs from US Highway 27 to the farm site of the Agricultural Research Center in Leesburg. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved to patch the road leading to the Agricultural Research Center.

bids/roads – county, state

Robert Andrew, County Engineer, presented bids to the Board that were received on May 13, 1977 for the construction of a portion of Boy’s Ranch Road in the Altoona area, Lake County, Florida. Mr. Andrew recommended the low bid from Superior Asphalt Company, Inc., Leesburg in the amount of $26,477.40 for 20 feet of roadway.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board accepted the bid for construction of a portion of Boy’s Ranch Road, Altoona from Superior Asphalt Company, Inc. in the amount of $26,477.40.

deeds

Robert Andrew, County Engineer, presented a request to the Board to release Murphy Act Deed #515 except for that portion lying within 33 feet of the centerline of Eagle’s Nest Road, #1-6611. On a motion by Commr. Carson, seconded by Commr. Burhans, the Board approved the release of Murphy Act Deed #515 as requested.

outdoor recreational facilities

Robert Andrew, County Engineer, presented a request to the Board for a possible transfer of funds. He stated that Mr. Ed Zagar of the Florida Game and Freshwater Fish Commission informed him that funds for engineering fees and architectural plans for the Tavares fishing pier in Lake Eustis in the amount of $3,000 are not available to him at this time. The Board stated that this should come out of a contingency fund.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved authorization for the Finance Department to transfer funds in the amount of $3,000 from the necessary account for a loan to the Department of Natural Resources for the design of the fishing pier in Lake Eustis at Tavares Park.

county buildings & grounds

Commr. Hoskinson brought to the attention of the Board that space allocation for the Purchasing Department in the old Railroad Building is needed at this time. He stated that the sewer has not yet been hooked up, and repairs to the building are needed along with some remodeling.

Commr. Burhans stated that it may be possible to get some funding for this through the CETA Title VI funds. It was determined that it would probably be difficult to obtain funding from CETA for this purpose, and it is necessary that some action be taken as soon as possible.

Bob Andrew stated that the sewer should be hooked up before the parking lot is paved and completed. On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board authorized Commr. Hoskinson to proceed with having the necessary work done in the old railroad building so that it will be ready for occupancy by the Purchasing Department as soon as possible.

appropriations

Harry Spooner, CETA Coordinator, appeared before the Board, stating that he had prepared the concept paper to be submitted to the Office of Manpower Planning in Tallahassee in reference to the CETA Title I program, and that the deadline for submitting same is May 20, 1977. Mr. Spooner also informed the Board that during the past 18 months, more than $2,709,000 has been received for Title II and Title IV funds. He also stated that in order to improve the CETA programs more efficiently, five or six more personnel would be needed.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the concept paper as recommended by Mr. Spooner, authorized the Chairman to sign the Letter of Transmittal for the project beginning October 1, 1977 and authorized Mr. Spooner to hand deliver the necessary papers to Tallahassee before the May 20 deadline.

county employees/appropriations

Van Porter, Special Assistant to the Board, presented a request to the Board for another interviewer for the CETA positions in the Personnel Department at a salary of $8,000 to be paid from the CETA administrative funds.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the hiring of an additional interviewer as requested.

sewer treatment plants

At 10:00 a.m. the Chairman announced that it was the scheduled time for a public hearing on the proposed 201 Facilities Plan. Mr. Hugh Harling Jr., Regional Manager of Post, Buckley, Schuh & Jernigan, Inc., presented a brief history of the 201 Facilities Plan, informing those present that the 201 Facilities Plan deals with three main ideas. These are a planning process, design, and construction. Roger Robinson and Lee Miller from the Department Regulation and Mr. D. N. Mooney from Atlanta Environmental Protection Agency were present to answer any possible questions.

Mr. Harling explained each proposal in the 201 Facilities Plan as to the main objectives of each. At this time, he presented copies of the draft of the proposal Modified C planning study and copies of the alternatives and implementation of the plan to everyone as previously presented.

Frank Clifton, City Clerk of Mount Dora, stated that he does not feel that the Mount Dora area will grow as quickly as proposed by the consultants. At this time, David Smelt, Consultant for the City of Mount Dora, read a letter of his findings concerning that city to the Board. The representatives of Mount Dora advised the Board that they would be willing to support Proposal A.

Discussion was held as to what type of collection system would be established when a plan is approved. Mr. Cashion, City Manager of Tavares, explained the system which the City of Tavares has been using since their recent installation of a sewer system.

Representatives from the City of Eustis stated that Eustis is looking into their own plan for sewage disposal at this time. Mr. DeMuth, Engineer for the City of Eustis, stated that he felt that Eustis would support the proposal Modified Plan C as it does not appear that Plan A would be satisfactory.

The Board concluded that a resolution of adoption should be submitted from each City Council as to their position before anything can be done on Modified Plan C. A meeting was scheduled for Tuesday, May 24, 1977 at 9:00 a.m. to meet with the cities in order to determine which plan will be agreed on.

recess and reassembly

At 12:10 p.m. the Chairman announced that the Board would adjourn for lunch at the Silver Lake Golf and Country Club. The public and press were invited to attend on a dutch treat basis.

roads – subdivision

The Chairman announced that the advertised time had arrived for the Board to consider the paving of North Crest Circle in Eustis under the tax lien process which is in accordance with Chapter 63-1505, Laws of Florida. The Chairman asked if there was anyone in the audience who would be opposed to the paving of this road. The County Attorney informed the Board that more than 75 percent of the property owners have signed a petition in favor of the paving of North Crest Circle.

Mr. Ford reviewed with the Board a resolution which would have to be adopted today if the Board decided to proceed with the paving of this road. He also informed the Board that there was a clause in the resolution stating that the resolution is contingent upon the availability of funds to finance the improvements and will have no force or effect should the Board, property owners, or other interested persons be unable to obtain the necessary financing to make the improvements.

On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board adopted the resolution, approving for improvements to be made on North Crest Circle, Eustis in accordance with Chapter 63-1505 and 69-1208, Laws of Florida, establishing the estimated cost of the repairs to be $15,000, with the interest rate to be established at 6 percent and that the preliminary assessment roll will be prepared on or before June 27, 1977.

The County Attorney suggested that an Ordinance for the issuance of Special Assessment Bonds by the County for improvements on North Crest Circle be drawn up.

grants

James C. Watkins, Clerk, presented to the Board a letter from the Department of Community Affairs stating that the contract that the Department of Community Affairs has with Lake County for the administration of a 701 Comprehensive Planning Grant requires that an audit be made of all services performed in carrying out the Agreement. It stated that any state licensed, certified public auditor may make the audit, and the Department will pay two-thirds of the cost but not to exceed $600. The Clerk recommended that Mr. Frederick W. Shaw be employed to complete the required report.

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the recommendation of the Clerk to employ Mr. Frederick W. Shaw to complete the audit concerning the 701 Comprehensive Planning Grant.

indigents

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the following change on the Indigent List:

ADD Ben W. Christley for Linwood Suggs Dist. #1 $64.00

outdoor recreational facilities

Commr. Deems presented a letter from the Department of Natural Resources to the Board informing the Board that the new first phase of development for Lake Louisa State Park is now complete and will be available for public use beginning June 1.

property APPRAISER

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the Certificates of Error and Correction on the 1976 tax roll numbered 5-09086 through 5-09095 as presented by the Lake County Property Appraiser and reviewed by the County Attorney.

contracts and agreements

Christopher Ford, County Attorney, presented to the Board an agreement from Mr. Orville Burns and Mr. Raines releasing liability on rent for the building on Alfred Street used by the Sheriff’s Department. Reimbursement for damages to the building amounts to $461.12, which is equivalent to one month’s rent. On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the agreement and payment in the amount of $461.12 to Mr. Burns and Mr. Raines.

roads – subdivision

Mr. Ford informed the Board that he had received a copy of a letter of commitment from Mr. Longstaff of the Flagship Bank of Tavares to purchase Special Assessment Improvement Bonds of Lake County up to $30,000 for the purpose of paying the cost of grading, paving, and otherwise improving Lake Eustis Drive. Discussion was held as to how the funding for this project should be appropriated in order to expedite the beginning of the construction. It was suggested that the resources from the Federal Revenue Sharing Funds in the amount of $22,000 be put into a separate fund and used to begin the construction immediately.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved to create a temporary fund out of resources received from Federal Revenue Sharing Funds in the amount of $22,000 to be used to temporarily finance the construction of Lake Eustis Drive, said funds to be replaced by a loan from the bank according to a letter of commitment held by Mr. Ford.

grants/roads – county, state

Mike Willett, County Planner, presented a request to the Board for a request for the funds for the paving of streets in Bassville Park in the amount of $49,562.47 under the HUD Community Block Grant. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the above request.

county employees

Commr. Windram presented to the Board a request from the Pollution Control Department for approval to hire a new field technician to replace a technician who recently resigned. The budgeted salary for this position is at $8,000. On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board approved the hiring of a new field technician for the Pollution Control Dept. at a starting salary of $7,800 to begin on June 1, 1977.

planning and zoning

rezoning case #34-77-3 rr to rm charlene king

Several persons appeared in opposition to this case. Among those who voiced their opinions in opposition were Jerry Smith, Dale Davis, Paul Haskins, and Marshall Kinney of Glenn’s Cove Subdivision as well as Robert Tuller of the Lake County Conservation Council, Mary O. Gemenone and Jerry Hustle of Yalaha. Mr. Jerry Smith gave several reasons for opposing the rezoning, some of which were density, Comprehensive planning, County Zoning Plan, possible decrease in land value, lack of a need, and a large support of residents opposed to rezoning.

Mr. Dewey Burnsed, Attorney representing Charlene King, appeared before the Board regarding this case. Mr. Burnsed explained the plan by which they would develop the land. At this time, Mr. Harold Holland, an Engineer, presented the proposed plan for development of the land in question. Mr. Franklin Reeves, a resident of the area, also appeared in favor of the rezoning.

Bill Hennessey, Lake County Pollution Control Director, stated that from an environmental aspect, density is the biggest argument against the rezoning in this area.

On a motion by Comm. Windram, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Board was overturned, and the rezoning request was denied.

recess and reassembly

At 3:25 p.m., the Chairman announced a five-minute recess.

rezoning case #38-77-5 r-1-7 to rm p & z Commission (Staff)

No one appeared before the Board regarding this case. On a motion by Commr. Windram, seconded by Commr Hoskinson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the zoning was changed to RM.

cup #530-4 telephone exchange building - p&Z commission (staff)

joined by florida telephone corporation

No one appeared before the Board regarding this case. On a motion by Commr. Windram, seconded by Commr. Burhans and carried, the recommendation of the Planning and Zoning Board was upheld, and the CUP was approved.

Commr. Carson did not participate in the discussion or the vote, due to a conflict of interest.

cup #567-4 – telephone equipment building – fl telephone corp.

No one appeared before the Board regarding this case. On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried, the recommendation of the Planning and Zoning Board was upheld, and the CUP was approved. Commr. Carson did not participate in the discussion or the vote due to a conflict of interest.

rezoning case #35-77-5 agriculture & rmrp to rm – C.B. Marshall

No one appeared before the Board regarding this case. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried, the recommendation of the Planning and Zoning Board was upheld, and the zoning was changed to all RM. Commr. Burhans abstained from the vote due to a conflict of interest.

rezoning case #44-77-1 rmrp to r-1-7 janet hall

No one appeared before the Board regarding this case. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Board was upheld, and the zoning was changed to R-1-7.

rezoning case #33-77-1 r-1-7 to rm leslie mccoy and mary travitz

rezoning case #43-77-1 r-1-7 to a f. gregg

rezoning case #40-77-1 c-2 & rp to all cp - phyllis a. butler

No one appeared before the Board regarding this case. On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried, the recommendation of the Planning and Zoning Board was upheld, and the zoning was changed to all CP, subject to Planning Department recommendations. Commissioners Deems, Carson and Windram abstained from the vote due to a conflict as members on the Board of Directors of the Sun First National Bank.

rezoning case #39-77-1 r-1-7 to a john kolody

No one appeared before the Board regarding this case. On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning Board was upheld, and the rezoning request to Agriculture was denied.

rezoning case #566-2 – cup for expansion of pre-existing church

in r-1-5 zoning district – joe rimes (st. john’s baptist church)

No one appeared before the Board regarding this case. On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld, and the CUP was approved.

rezoning case #42-77-2 – rm to r-1-5 – joseph whittington joined by

p& z Commission (staff)

No one appeared before the Board regarding this case. On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld, and the zoning was changed to R-1-5 for a conventional dwelling unit.

rezoning case #565-2 – cup for a poultry ranch in an

agricultural zoning district – don bailey

No one appeared before the Board regarding this case. On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Board was upheld, and the CUP was approved.

rezoning case #41-77-3 – agriculture to r-1-7 – james dobson

joined by the p & Z Commission

rezoning case #37-77-3 – agriculture to m-1 – norman cummins

rezoning case #36-77-3 – agriculture to r-1-6 – p & z commission (staff)

commissioners

At 4:00 p.m. Commr. Deems announced that he had to leave the meeting due to another scheduled appointment. Commr. Carson, Vice Chairman, was appointed to act as Chairman.

bonds

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the request of Robert Molinary to live in a mobile home on the same piece of property on which his conventional dwelling is being built. This is subject to the proper bond being posted and with the understanding that 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. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the request of J. Eugene Reilly, Jr. to live in a mobile home on the same piece of property on which his conventional dwelling is being built. This is subject to the proper bond being posted and with the understanding that 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. Hoskinson and carried unanimously by those present, the Board approved the request of Joseph Sienkiewicz to live in a mobile home on the same piece of property on which his conventional dwelling is being built. This is subject to the proper bond being posted and with the understanding that 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. Hoskinson and carried unanimously by those present, the Board approved the request of Donald D. Dormire to live in a mobile home on the same piece of property on which his conventional dwelling is being built. This is subject to the proper bond being posted and with the understanding that the mobile home will be removed immediately upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners.

accounts allowed

Commr. Burhans presented a request from Jackson Haddox, County Extension Director, for three 4-H members and one adult leader to attend the National 4-H Citizenship Short Course in Washington, D.C., June 17-25, 1977, at a total cost of $397.46; a request for six delegates to attend the 4-H Adult and Teen Leadership Forum in Gainesville, June 27-30, 1977, at a total cost of $170; and a request for 5 adult leaders fees for 4-H Camp, Girls and Boys, Camp McQuarrie, June 13-17, 1977 at a total cost of $270.

On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously by those present, the travel requests as presented by Commr. Burhans were approved.

machinery and equipment

Commr. Burhans reported to the Board that Jackson Haddox, County Extension Director, stated that he has had a problem with his vehicle and getting the proper maintenance work needed. The Board suggested that action on this be postponed until a time when the Board is present.

There being no further business to be brought before the Board, the meeting adjourned at 4:00 p.m.

_____________________________

C.A. “Lex” deems, chairman

_________________

James c. Watkins, clerk