A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JUly 19, 1977

The Lake County Board of County Commissioners convened in regular session on Tuesday, July 19, 1977, at 9:00 a.m., in the Board of County Commissioners’ Room, Courthouse, Tavares, Florida. Present were: C.A. “Lex” Deems, Chairman; Thomas J. Windram; Glenn C. Burhans; James R. Carson, Jr.; and J. M. Hoskinson.

The Invocation was given by James C. Watkins, and the Pledge of Allegiance was led by Thomas J. Windram.

budgets/communications

Commr. Deems presented to the Board a letter from Helpline regarding their budget request. The Board requested that the Clerk respond to the letter received from Debra Chapman, Executive Director of Helpline, and inform her that the budget request presented to the Board by her was still under consideration.

courthouse

Commr. Deems stated that he received comments from the judges regarding the sound system and the air conditioning in the courtrooms. It was requested that the Clerk and County Attorney contact the architects and remedy this problem.

Discussion was held regarding the closing of the blinds in the Courthouse on the weekends. Commr. Windram stated that he had been told that closing the blinds on weekends makes a noticeable difference in the temperature of the room when the weekend sun is eliminated from shining into the rooms. It was requested that the Clerk notify all personnel to begin closing the blinds before leaving on Friday evening.

communications

Commr. Deems presented to the Board a letter from Vince Fechtel regarding the problem of delinquent fines not being collected by Lady Lake. The Board asked if we were experiencing a similar problem now that the County has taken over the operation of municipal court.

Mr. Watkins stated that he would check into the matter and report back to the Board later in the day.

roads – county

Commr. Burhans presented to the Board a letter from a citizen living on DR 5-6835 who requested that a speed limit and a “Children at Play” sign be placed on this road. It was determined that this should be referred to the County Engineer or brought to the Board when the Engineer was present.

municipalities

Commr. Hoskinson stated that he had been contacted by Claude Smoak representing the League of Municipalities regarding the Road and Bridge millage and charges to the municipalities for housing city prisoners in the County Jail.

Mr. Gordon Tiffany, City Manager of the City of Clermont, appeared before the Board regarding the above-mentioned subjects. The Board stated that it would not take any action regarding the Road and Bridge millage because it does not adopt its budget in a “piecemeal” manner.

Discussion was held. Commr. Deems stated that he was not speaking for the Board, but that in his opinion it would not be necessary for the cities to pay for the housing of their prisoners in the Lake County Jail facility.

animals

Commr. Hoskinson stated that additional traps were needed for the capture of animals by animal control. Commr. Hoskinson stated that the traps could be built by the Mosquito Control Department.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved the transfer of $250 from Contingency to the appropriate budget for the construction of animal traps by the Mosquito Control Department.

courthouse

Commr. Hoskinson stated that there were power files on the second floor of the Old Lake County Courthouse which could not be repaired to satisfactory condition to be used by the Planning Department when they move to the second floor of the Old Courthouse.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board declared these files (County No.’s 2553 and 2554) as surplus and authorized them to be sold as salvage at the best possible price.

bonds

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the following contractor bonds:

1552-77 Herman H. Holcomb (Electrical Contractor)

1551-77 Leonard J. America (Electrical Contractor)

1553-77 Creative Homes Marketing, Inc. (Residential Builder)

1554-77 Franklin G. Lopez (Roofing Contractor)

accounts allowed

On a motion by Commr. Hoskinson, seconded by Commr. Carson, the Board approved payment to Lake Communications for moving the radio equipment in the Sheriff’s Department to the New Lake County Courthouse at a cost of $1,530.65 and stated that this should be taken from the fund established for the moving of the Courthouse.

On a motion by Commr. Burhans, seconded by Commr Carson and carried unanimously, the Board approved the additional payment of $75.87 to cover the cost of installing a partition in the Property Appraiser’s Office. The Board had previously approved $500 for this purpose and the total cost was $575.87.

county PROPERTY appraiser

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the certificates of Error and Correction 5-09099 – 5-09106 effective July 13, 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 2457-2614

Fine & Forfeiture 402-422

Road & Bridge 850-888

Auto Inspection 181-190

Youth Volunteer Counselor Fund 12

COR County Bldgs. 73-86

DWI School 26

Fish Conservation Fund 21

Section 8 Fund 76

N.E. Lake Co. Ambulance Dist. 12-13

Emergency Medical Services 1

CETA – Title II 32-40

CETA – Title VI 68-81

Title II Antirecession 5-6

indigents

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

ADD Hazel Ellison for Earl R. Slaughter Dist #5 $65.00

ADD Perry Kelley for Mary Lee Gaines Dist #1 $37.50

CANCEL Andrew Flodde for Caroline Williams Dist #1 $34.00

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

appointments

Mr. Watkins, Clerk, presented to the Board a letter from Mr. Glenn Middleton regarding the vacancies on the Board of Examiners. It was suggested that Mr. Jack Matsche be appointed to fill one of the two vacancies on this Board.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved the appointment of Mr. Jack Matsche to serve on the Board of Examiners for one term beginning August 2, 1977.

budgets

Mr. Watkins presented the approved Department of Revenue 1977-1978 Budget of the Property Appraiser to the Board. Commr. Deems requested that this be made available to them during the budget hearings.

courthouse

Commr. Hoskinson reminded the Board that it had established a fund in the amount of $5,000 for the refurbishing of the Courthouse. He stated that work was coming along; however, it would take approximately another $10,000 to complete the work needed to be done. No action was taken at this time.

county property

Discussion was held regarding the County Parking Lot on West Main and its need to be designated by sign as a County Parking Lot. The Board requested Mr. Andrew, County Engineer, to have the necessary signs posted properly designating it as a County Parking Lot.

accounts allowed

Commr. Deems requested Board approval for the reimbursement to aides who attended a Nurses Aide Course at the Vo-Tech School on behalf of the County.

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved reimbursement of hours, tuition, and mileage of those aides attending the aforementioned course.

roads - subdivision/road closings

At 10:00 a.m. the Chairman announced that the advertised time had arrived to consider the road closings within Dora Pines Subdivision.

Mr. Ford, County Attorney, stated that this matter had been discussed with Mr. Roger Rice, Attorney representing Mr. George Cota, and that according to the plan proposed by Mr. Rice and his client, the roads under discussion would be closed, and if the escrow money could be released, Mr. Cota would improve the two main roads leading into the subdivision which eventually would benefit all properties in the subdivision. He further stated that the roads being requested to be closed would become private roads and would be maintained under a condominium concept.

Mr. Jim Keedy and Mr. Larry Taylor, Attorneys representing Mr. Max Gittomer, appeared before the Board and requested that action on the closing of any roads in the subdivision and disposal of the escrow money be postponed for 30 days. Mr. Taylor stated that Mr. Gittomer had contacted him requesting this because there was a possibility that an investor would invest money into the project and complete the subdivision.

Discussion was held on the legality of the County authorizing the release of the escrow funds being held by the Bank of Mount Dora.

Mr. Ford stated that he could see no benefit of postponing action on this matter any longer.

The Board discussed the fact that the residents in the subdivision had to be considered because many of them invested life savings into the land in question and have not received many of the benefits they were promised when the subdivision was created.

Mr. Guy Neff, Attorney from Orlando, appeared before the Board and stated that he represented mortgage holders of lands in Dora Pines Subdivision.

A representative from the State Comptrollers Office in Tallahassee was also present at this meeting.

Further discussion was held.

Mr. Ford stated that it seemed the Board had the following alternatives regarding this matter. They are as follows:

1. Postpone any action on this matter for 30 days.

2. Take action on the closing of the roads subject to the condominium agreement being recorded.

3. Take no action whatsoever.

4. Proceed with a request for a Declaratory Judgment to be made by the Court in this matter.

Discussion was held on the CUP’s that have been issued in Dora Pines Subdivision. Mr. Willett, Director of Planning, was present at the meeting and briefed the Board on the status of the CUP’s as well as reminded them that a portion of the Plat of Dora Pines Subdivision had been vacated.

Mr. Rice stated that if the Board would waive the requirement in Mr. Cota’s CUP to pave the two arterial roads in question, he could continue with the development of his section of the subdivision.

Mr. Ford suggested that the Board approve the closing of the roads in question subject to the condominium agreement being filed, declare the original developer in default and approve the construction of Sunrise Boulevard and Karen Avenue, as much as possible, with the escrow funds being held by the Bank of Mount Dora. He stated that all residents or future owners of land in the subdivision would be benefitted by this action, because they would have a paved county road leading to their land.

It was moved by Commr. Hoskinson that the Board approve the closing of the roads within Unit 3 as requested and authorize Mr. Cota to proceed with the development of Unit 3, release Mr. Cota of the requirement to pave Sunrise Boulevard and Karen Avenue but require Dora Road to be paved to County standards, hold the escrow funds for the improvements of other streets in the subdivision according to the original Plat or until the funds are ordered released by the Court.

The Chairman announced that this motion died due to the lack of a second.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board postponed action on this matter until 1:30 p.m.

outdoor recreational facilities/contracts and agreements

Mr. Willett presented to the Board for its approval the Boating Improvements Fund Contract for the dock that is being built in Mount Dora. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved for the Chairman and Clerk to sign the above-mentioned contract for the Boating Improvement Fund project which was approved earlier in the year.

outdoor recreational FACILITIES

Mr. Willett presented to the Board an application from the City of Leesburg for projects under the Boating Improvement Fund. On a motion by Commr. Burhans, seconded by Commr Hoskinson and carried unanimously, the Board approved the above application as submitted by the Planning Department.

Mr. Willett informed the Board that the City of Tavares is requesting an additional $1,500 from the Boating Improvement Fund to complete its dock and ramps by installing handrails. He stated that these funds were available in the Boating Improvement Fund because money has been allocated to the City of Eustis to rebuild a dock off of Lakeshore Drive, and the City has decided not to undertake reconstruction of this dock at this time.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the allocation funds to the City of Tavares in the amount of $1,500 as requested.

bonds

On a motion by Commr. Windram, seconded by Commr. Burhans and carried, the Board approved the mobile home bond for Thomas J. Kepner provided that the proper bond is posted and subject to the mobile home being removed immediately upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners. Commr. Carson was absent for the vote.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried, the Board approved the mobile home bond for David Grimm, provided the proper bond had been posted and subject to the mobile home being removed immediately upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners. Commr. Carson and Commr. Hoskinson were absent for the vote.

accounts allowed/autos and trucks

Mr. Knuckles, Purchasing Agent, appeared before the Board to request approval to purchase a truck bed for the new one-ton pickup recently purchased by Lake County. He stated that he received a quotation from Southern Florida Engineer, Inc. for the type bed needed for this truck at a cost of $1,900. On a motion by Commr. Burhans, seconded by Commr. Windram and carried, the Board approved the purchase of the above-mentioned item for the truck being used by the Road and Bridge Department. Commr. Carson was absent for the vote.

accounts allowed/machinery and equipment

Mr. Knuckles requested approval to purchase a Lanier recording system for the fourth floor courtroom in the old courthouse at a cost of $865. On a motion by Commr. Windram, seconded by Commr. Burhans and carried, the Board approved the above-mentioned purchase as requested. Commr. Carson was absent for the vote.

contracts and agreements

Mr. Knuckles appeared before the Board regarding the contract with Mr. Kirkpatrick involving the 1 ½ cents per gallon the County is contracted to pay to him for delivery of gasoline on behalf of the County. Mr. Knuckles stated that Mr. Kirkpatrick had informed him that he was told his delivery of gasoline would be increased to 2 cents per gallon.

Commr. Deems requested Commr. Hoskinson discuss this matter with Mr. Glenn Middleton in an attempt to find out what was promised to Mr. Kirkpatrick by Mr. Middleton, who was purchasing agent and fuel allocation officer at the time the contract agreement was altered without approval of the Board of County Commissioners.

recess and assembly

At 12:10 p.m. the Chairman announced that the Board would adjourn for lunch at the Park Restaurant in Tavares. The public and press were invited on a dutch-treat basis. The Board reconvened at 1:30 p.m.

accounts allowed/contracts and agreements

Mr. Andrew, County Engineer, reported to the Board that Jet Mark had completed the striping of roads according to their contract and requested the Board approve payment to Jet Mark for their services in the amount of $11,086.28.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved payment to Jet Mark in the amount of $11,086.28 as recommended by the County Engineer.

roads – subdivision

Mr. Andrew reported to the Board that there were roads in Golden Heights Subdivision which were up to County Standards and would like them taken into the County Maintained System. He also stated that there was one road that needed to have a Co. Number assigned to it. On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board accepted the following roads into the County Maintained System:

Vine Lake DR 4-4160A

Lake Eleanor

Vincent Drive

maps and plats

Mr. Andrew requested approval from the Board to purchase aerial maps of the Southeast Umatilla Area at a cost of $3,597 from Aerial Photo of America. He stated that this would be paid from the Community Development Block Grant for the Southeast Umatilla Area.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved aerial maps of the Southeast Umatilla Area be purchased from Aerial Photo of America at a cost of $3,597.

accounts allowed

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved payment of the sewer assessment to the City of Tavares in the amount of $655 on certain lands owned by Lake County.

roads – subdivision

At 1:30 p.m. the Board returned to the matter involving Dora Pines Subdivision.

Mr. Ford presented to the Board for its approval a resolution regarding Dora Pines Development which would enable the County to release the Escrow Funds which are being held by the Bank of Mount Dora.

At this time, Mr. Andrew stated that the Board would have to waive the Subdivision Rules and Regulations because there is not a 66-foot right of way for the construction of the roads.

On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board approved the waiving of the Subdivision Rules and Regulations to allow a 20-foot pavement width to be constructed in a 50-foot right of way and that a soil cement type construction be allowed as recommended by the County Engineer on Dora Pines Road north of Stacy Circle, Erica Lane from Dora Pines Road to Karen Drive and Karen Drive from Erica Lane to Stacy Circle.

At this time Mr. Neff, Attorney for mortgage holders, stated that the resolution had an effective date of July 25, 1977. At this time he informed the Board that if his clients did not file legal action by this date, he did not waive his right to file action after the July 25^th date.

It was moved by Commr. Windram to adopt the resolution as amended. At this time, Commr. Deems removed himself as Chairman and gave the Chairmanship to Commr. Carson. Commr. Deems seconded Commr. Windram’s motion. The question was called for, and Commr. Carson called for the vote. Commr. Deems and Commr. Carson voted “yes.” Commr. Hoskinson, Commr. Windram, and Commr. Burhans voted “no.” Commr. Deems returned to his position as Chairman and announced that the motion did not carry.

It was moved by Commr. Burhans to postpone action on the Road Closing and Escrow Agreement for 30 days. Commr. Deems and Commr. Burhans voted “yes.” Commr. Windram, Commr. Hoskinson, and Commr. Carson voted “no.” The Chairman announced that the motion did not carry.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board tabled action on the Road Closing and disposal of the Escrow Agreement. Commr. Windram voted “no.”

planning and zoning

rezoning r-1-7 to r-1-5 thomas sutton

No one appeared before the Board regarding this case. On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Board and approved the rezoning to R-1-5.

cup 252a-2 amend cup 252-2 b. a. dheffield

No one appeared before the Board regarding this case. The Board discussed this CUP and requested that it be amended to include the word “classrooms” instead of “classroom.”

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Board and approved the CUP.

rezoning 46-77-1 r-1-7 to rr horace warren

No one appeared before the Board regarding this case. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the withdrawal of this case.

rezoning 57-77-2 a to cp j.p. bailey

No one appeared before the Board regarding this case. On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the recommendation of the Planning and Zoning Board was upheld and the rezoning to CP was approved. Commr. Hoskinson and Commr. Windram voted “no.”

rezoning 64-77-3 t to rr herbert starr

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 rezoning to RR was approved.

cup 578-3 cup in a florida g & m groves

No one appeared before the Board regarding this case. The Planning and Zoning Board postponed this case until July 27, 1977. On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board postponed consideration of this case until August 16, 1977 at 2:00 p.m. or as soon thereafter as possible.

rezoning 69-77-4 rr to r-1-15 del wood

Ms. Bertha Dunlop appeared before the Board to voice her concern on the drainage of the land.

No one else 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 rezoning to R-1-15 was approved.

cup 577-4 r-1-7 for a church rev. spurlook

No one appeared before the Board regarding this case. On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the withdrawal of the application of the CUP by the petitioner.

cup 575-4 r-1-7 for a church dalton whigham

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 62-77-4 a to rr emil fuch

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 rezoning to RR was approved.

rezoning 58-77-4 r-1-7 to rr robert cumbie

cup 573-4 cup in a for a pud maypreno, inc.

Mr. Willett informed the Board that the Planning and Zoning Board had postponed consideration of this case until July 27, 1977. On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board postponed consideration of this case until August 16, 1977 at 2:00 p.m. or as soon thereafter as possible.

rezoning 60-77-4 a to rr maypreno, inc

Mike Willett presented to the Board a letter from Mr. Flynn representing the applicant, requesting that this case as well as #574-4 be postponed until September.

Mr. Pat McLaughlin, adjacent property owner, appeared before the Board and stated that he would like to have some action taken by the Board and would not be in favor of it being postponed.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board did not grant the request for postponement and upheld the recommendation of the Planning and Zoning Board and denied the rezoning to RR.

cup 459-4 cup in rm george cota

Many resident of Dora Pines Subdivision appeared before the Board to voice their objection to a travel trailer park being allowed in their subdivision.

Mr. Warren Lennon, spokesman for the group, appeared before the Board and stated that the residents were not informed of this meeting nor what was being requested.

No one appeared before the Board to represent Mr. George Cota. The Chairman requested that action on this matter be tabled until the County Attorney returned to the meeting.

rezoning 68-77-4 a to r-1-7 affiliated services corp.

No one appeared before the Board regarding this case. On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board postponed this case until August 16, 1977 at 2:00 p.m. or as soon thereafter as possible.

rezoning 65-77-4 rp to cp wyler johnson

rezoning 66-77-2 rp to r-1-5 allen middleton

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

459-4 cup in rm george cota

Upon the return of the County Attorney to the meeting, the Chairman removed the above case from the table. Mr. Ford, County Attorney, stated that the Board could accept or reject the action of the Planning and Zoning Board for postponement of this case. Discussion was held.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board denied the recommendation of the Planning and Zoning Board for postponement of this case.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board denied the request of a CP for a Travel Trailer Park in Dora Pines Subdivision upon the Planning staff’s recommendation.

rezoning 59-77-1 a to r-1-5 leroy edmundson

cup 570-1 cup in a macasphalt corp

cup 579-1 cup in c-1 harold hinman

rezoning 61-77-5 a to rr ivan findlay

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

rezoning 63-77-5 r-1-7 to rm dewey butner

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

rezoning 67-77-5 a to rp laurier beard, et al

cup 571-5 amend cup 290-5 laurier beard, et al

No one appeared before the Board regarding this case. Discussion was held by the Board. Commr. Burhans suggested that an item “C” should be added providing for acceleration and deceleration lanes. The Board considered this suggestion and requested that it be incorporated into the CUP.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Board and approved the CUP as amended.

cup 575-5 cup in a joseph butts

Michael Hatfield, Attorney representing Mr. Butts, appeared before the Board in opposition to the recommendation of denial of this CUP. At this time he presented to the Board letters from residents in the area who were not opposed to the CUP being granted and Mr. Butts being allowed to operate his small engine repair shop.

Mr. David Friend, a resident in the area, appeared before the Board and stated that he was not opposed to the CUP because the people in the area needed Mr. Butts’ services.

Several residents in the area were present at the Board meeting in favor of the CUP being granted.

Mrs. David Elliott appeared before the Board and stated that she was in favor of the denial because she is disturbed late in the evening by the noise coming from his repair shop. Mrs. Elliott stated that Mr. Butts also conducts automotive repair at this location.

Mr. Carl Elliott appeared before the Board and stated that he is a resident in the area and is annoyed with the noise which is generated late in the evening by chain saws.

Mr. Butts appeared before the Board in his own behalf.

Mr. Hatfield stated that his client would not be opposed to having the Board place restrictions on his hours and the days which he could work.

It was moved by Commr. Burhans to overturn the recommendation of the Planning and Zoning Board and approved the CUP for small engine repair, chain saw repair shop to operate five days a week from 8 a.m. to 6 p.m.

The Chairman announced that this motion had died due to the lack of a second.

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried, the recommendation of the Planning and Zoning Board was upheld and the CUP was denied. Commr. Burhans voted “no.”

cup 576-4 cup in a eustis gun club

Mr. Jim Livingston appeared before the Board and stated that he was representing approximately 400 members of the Eustis Gun Club who were in favor of this CUP. He informed the Board of the precautions that would be taken to avoid any “stray” bullets from escaping from the range.

Mr. Lee Hinebaugh, Mr. Ralph Bergman, Mr. Dave Ratford, Mr. Royal Taylor, Mrs. Gosnell, and Mr. George Brodie appeared before the Board and voiced their objections to a gun range being established near their homes.

Mr. Willett stated that the Planning staff had recommended denial of the CUP.

Mr. Terry McCosell, member of the Eustis Gun Club, appeared before the Board and stated that they did not want to cause anyone a problem and invited any interested party to join the Gun Club.

On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the CUP was denied.

rezoning 70-77-5 r-1-7 to a billy russell

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

county employees

Mr. Porter, Director of Personnel, appeared before the Board to discuss the procedure by which the employees in the bargaining unit would receive their retroactive benefits.

He stated that the total cost of the benefits would come to over $49,991.00. He also stated that he would like to have the $30 per month increase be an across the board raise rather than be considered as a merit raise.

It was stated that the insurance benefits would be retroactive back to February 1977, which was the time the County picked up the increased premium for those County employees who were not in the bargaining unit.

It was stated that for the employee to receive the most benefit from this retroactive pay, it should be included in one paycheck. The Clerk suggested that Mr. Porter compile an informational letter to accompany each paycheck explaining to the employee what is being done and that it will benefit them to receive this back pay in one paycheck. It was determined that the Chairman would sign this letter.

appropriations/contracts and agreements

Mr. Porter presented to the Board a breakdown of the items that will be purchased by the County for use in the CETA Program which in turn will be leased to the State. Mr. Ford, County Attorney, will draw up a contract.

county buildings/accounts allowed

Commr. Hoskinson stated that the old Chamber of Commerce Building, into which certain County offices will be moved, is in need of fumigation.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved for the Purchasing Department to obtain a quotation from Clement’s Pest Control for fumigation of the above-mentioned building and authorized for the work to be done upon the Purchasing Department receiving approval of the cost from the Chairman of the Board or the Chairman of the Building Committee.

appropriations/funds transfer/accounts allowed

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board approved the purchase of the necessary items for establishing the CETA Office, as recommended by Mr. Porter and authorized the necessary transfer of funds.

appropriations

Mr. Spooner, CETA Coordinator, appeared before the Board regarding additional positions in the Public Works Project. On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved two additional positions in the Lady Lake Police Department and a Librarian position in the City of Groveland.

roads – county

Commr. Burhans presented to the County Engineer a letter from a resident in his district who was concerned about the speed of cars traveling on DR 5-6835 and the fact that children live and play on this street.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board adopted a resolution establishing a 25 mph speed limit on the above-mentioned County Road and authorized the County Engineer to have “Children at Play” signs also placed on this road.

ordinances

Mr. Ford presented to the Board an Emergency Ordinance regarding Lake Eustis Drive in Sunny Dell Park Subdivision and the First Addition to Sunny Dell Park Subdivision. He stated that due to the fact that there was a portion of the road omitted from the last Ordinance adopted by the Board, this Ordinance had to be adopted to correct the error.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board placed the Ordinance on the floor for consideration.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board placed the Ordinance for its first and only reading by title only which is as follows:

AN EMERGENCY ORDINANCE AMENDING LAKE COUNTY ORDINANCE NO. 1977-7 FOR THE PURPOSE OF REDEFINING THE TERMS “BONDS” OR OBLIGATIONS; AUTHORIZING THE COUNTY TO IMPROVE LAKE EUSTIS DRIVE IN THE SUNNY DELL PARK SUBDIVISION AND THE FIRST ADDITION TO SUNNY DELL PARK SUBDIVISION, LAKE COUNTY, FLORIDA. CHANGING THE MATURITY DATE OF THE LAKE EUSTIS DRIVE SPECIAL ASSESSMENT IMPROVEMENT BONDS; AMENDING THE FORM OF THE OBLIGATIONS ISSUED TO FINANCE THE COST OF IMPROVING LAKE EUSTIS DRIVE.

On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board adopted the above Ordinance on its first and only reading by title only.

contracts and agreements

Mr. Ford presented to the Board the title policy to the Simmons property which has recently been purchased by the County. This was accepted by the Board. This is filed with the original Deed and is in the folder marked “DEEDS” in the Board of County Commissioners’ Office.

roads – county

Commr. Windram presented to the Board a problem regarding a right-of-way behind Doctor Hall’s home which runs parallel to Lakeshore Drive in Mount Dora. He stated that this right-of-way has become filled with trash and clippings from the neighbors. On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board requested Mr. Andrew to contact Dr. Hall to try and resolve the problem.

communications

Mr. Watkins reported to the Board that his traffic department reports that less than 15 percent of issued tickets are not paid and that this is mainly from out-of-state drivers. He suggested that it would be helpful if the Legislature could assist the counties in Florida in allowing the officer to take some affirmative action when the ticket is written, such as making the driver surrender his license.

The Board requested Mr. Watkins to respond to Mr. Fechtel’s letter and imply that any help from the Legislature in this matter would be appreciated.

contracts and agreements

Mr. Watkins reported to the Board on what he had been told by the State Auditors regarding payment to the City of Leesburg for operating the Northwest Lake County Ambulance Service.

He informed the Board that the following was what he was advised regarding this matter.

1. The original contract must be signed.

2. Funds may not be released prior to the service being performed.

3. If the City wishes to have funds released as they are received from the Tax Collector, it must enter into a special interlocal agreement with the County that is approved by the State of Florida.

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved for the County Attorney to draw the necessary agreement to be approved by the State in order for the funds to be released to the City of Leesburg as they have requested.

courthouse

Commr. Hoskinson stated that earlier in the day action had not been taken to transfer additional monies into the account established for the renovation of the old Courthouse. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved an additional $10,000 be transferred from the appropriate account to the account established for the renovation of the old Courthouse.

At this time Commr. Hoskinson also stated that it would cost approximately $4,829.65 to complete equipping and furnishing the Visiting Judges Chambers and Judge Daniel’s Chamber. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried, the Board approved up to $5,000 to be allocated to complete the equipping and furnishing of the above-mentioned Judge’s Chambers.

county employees

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board accepted the resignation of Mr. Fred Bollenberg, Veteran Service Officer, effective October 1, 1977.

animals/radios and equipment

Commr. Hoskinson discussed with the Board the need for a County radio in the truck operated by the Animal Shelter. Commr. Hoskinson stated that he would not want the Purchasing Department to buy another radio if an extra one could be found within the system. Commr. Deems stated that he would confer with Mr. Knuckles on this matter.

courthouse

Commr. Hoskinson discussed with the Board a change in the allocation of space in the Old Courthouse. He stated that tentatively the Lake County Water Authority has been designated to occupy the old Board of County Commissioners Office on the First Floor.

Commr. Hoskinson requested the Clerk inform Mrs. Bobby Joy Morgan of this change.

Commr. Hoskinson stated that he had been contacted by Mr. Jim Reich representing the Lake County Legal Aid Society. He requested that the space being allocated to them in the old Chamber of Commerce Building be rented to them at a nominal fee and that this be included as part of its in-kind services when they renew their grant each year.

On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board authorized the County Attorney to negotiate a lease with the Lake County Legal Aid Society regarding renting space to them at a nominal fee. However, it is to be understood that they will be totally responsible for their utility costs.

accounts allowed

Commr. Hoskinson brought to the attention of the Board that it had approved travel for the animal Control Officer to attend a meeting in Columbus, Georgia June 17-21, 1977. He stated that her actual expenses exceeded what had been approved and requested approval for the Board to pay her total actual expenses incurred to attend this meeting.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved payment of the actual expenses incurred by Mrs. Frankie Rouse, Director of the Animal Shelter, for a meeting she attended in Georgia.

county employees/accounts allowed

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved to reimburse the tuition cost of $86 to Lake Sumter Community College for Miss Cindy Adler, Graphics Aide, upon completion of the course for the two job-related courses which are being offered at the college.

committee on the status of women

Commr. Hoskinson brought to the attention of the Board that the Committee on the Status of Women could obtain funding from the East Central Florida Regional Planning Council if it became a part of the Regional Commission on the Status of Women. No formal action was taken.

There being no further business to be brought before the Board, the meeting was adjourned at 6:40 p.m.

_____________________________

C.A. “Lex” deems, chairman

________________________

James C. Watkins, Clerk