A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MARCH 21, 1978

The Lake County Board of County Commissioners convened in regular session on Tuesday, March 21, 1978, at 9:00 a.m. in the Board of County Commissioners Meeting Room, Fifth Floor, Courthouse, Tavares, Florida. Present were: James R. Carson, Jr., Chairman; Thomas J. Windram; C.A. “Lex” Deems; Glenn C. Burhans; and J.M. Hoskinson. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Andrea Gambrell, Deputy Clerk.

The Invocation was given by James C. Watkins, Clerk, and the Pledge of Allegiance was led by C.A. “Lex” Deems.

COUNTY PROPERTY

Commr. Deems brought to the attention of the Board a matter involving the riding of motorcycles in a clay pit near Lady Lake. Discussion was held. The Board felt that this matter had been discussed a couple of years ago and was uncertain if the Board had taken some kind of action. It was requested that the Clerk have the minutes researched and present the information to the Board as soon as possible.

ACCOUNTS ALLOWED

Commr. Deems stated that the Road and Bridge Department had been using a hot water washer to clean its refuse compactor and trucks when they were returned to the barn in the evening. Commr. Deems recommended that approval be given for the purchase of a hot water washer for the Road and Bridge Department at a cost of $1,250.00. On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the above purchase was approved.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved payment in the amount of $4,294 to Control Specialists which represents the first drawn in the installation of the flashing light at Oak Park Elementary School.

ROADS SUBDIVISION

Commr. Hoskinson brought to the Board a request from the residents on Robbins Road that the Board give blanket approval for the Public Works Department to grade this road, provided the cost for the grading is paid for by the residents and that the money is received by the County for the cost of the grading before the work is done.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved the above request as outlined above and added that the County is under no obligation for the continued maintenance of the road.

Commr. Hoskinson requested the Clerk inform Mr. Andrew, County Engineer, that he would like a letter written to Mr. Peebles, resident on Robbins Road, advising him of the Board’s decision.

COUNTY EMPLOYEES/INSURANCE

Commr. Windram brought to the attention of the Board that the County’s Insurance Agent for Workmen’s Compensation Coverage is very anxious for the County to activate a safety committee. Commr. Windram stated that such a committee was discussed; however, it has never really organized to analyze and discuss accidents that occur within the County employment structure and study ideas to remedy these accidents from happening again.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved for Commr. Windram and Mr. Van Porter, Director of County Personnel, to activate and/or recreate the Safety Committee and inform the Board of the members that will serve on this Committee.

ROADS/COUNTY – STATE

Commr. Burhans brought to the attention of the Board a problem involving Mink Road in Astor. Commr. Burhans stated that according to the letters that have been written, it was indicated that the roads have never been platted and that possibly the developer can be contacted to find out if he would be willing to sell the road.

The Board discussed the serious problems such a transaction could cause.

It was suggested that Mr. Ford contact Mr. Michael Duncan, Attorney, and discuss this matter with him.

INSURANCE/ACCOUNTS ALLOWED

At 9:30 a.m. the Chairman announced that the scheduled time had arrived for the Board to take action on the proposals for the County Group Health Insurance Plan.

Commr. Carson presented to the Board the recommendation of the Insurance Committee. It is as follows:

1. Accept the proposal submitted by Gulf Life.

2. All employees employed by the County on April 1, 1978, will be covered under the new plan.

3. The dependents of County Employees will be eligible for immediate coverage under the new Health Plan.

4. Any person employed after April 1, 1978 will have a 30-day waiting period before the employee or his/her dependents are eligible to participate in the Health Plan.

5. The county will absorb the total cost for the Employee’s share of the premium for the Health Program.

6. The employee will be responsible for the payment of the premium for his/her dependents in the amount of $21.23 for year ending March 31, 1979.

On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the Board approved the recommendation of the Insurance Committee and accepted the proposal from Gulf Life for the County’s Health Insurance Program and approved for the Gulf Life Program to take effect on April 1, 1978.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board requested that a letter be written, for the Chairman’s signature, notifying the County Employees of the action taken by the Board and advising them of the pertinent information that they will need to know when the new policy takes effect.

The Board also requested that a letter be sent to Time Insurance Company notifying them of the action taken by the Board and requested that a copy of this letter be sent to Mr. Bob Boswell, present agent.

On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried, the Board requested that a letter be sent to Gulf Life informing them that the County accepted its proposal and that their plan will go into effect April 1, 1978.

Commr. Deems was absent for the vote.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried, the Board approved the necessary transfer of funds from the Anti-Recession Fund to the Insurance Account to cover the cost of the new County Health Plan.

Commr. Deems was absent for the vote.

CONTRACTS AND AGREEMENTS

Mr. Knuckles brought to the attention of the Board that the warranty period on the elevators in the new Courthouse would expire soon and requested the Board execute a maintenance contract with Miami Elevator for $348.84 a month beginning April 1, 1978, and ending September 30, 1978. Prior to September 30, 1978, bids will be taken on the maintenance of these elevators.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved for the Chairman and Clerk to execute the above contract with Miami Elevator as presented by Mr. Gary Knuckles.

COURTHOUSE/ACCOUNTS ALLOWED

Mr. Watkins, Clerk, brought to the attention of the Board that several months ago the Building Committee had informed the Board that additional signs were needed within the Courthouse. It was suggested that the County speak directly with the manufacturer who made the signs for the Courthouse in the hopes that the County could purchase the needed signs directly from them. Mr. Watkins stated that the signs were purchased and approval was needed to pay for these signs.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the payment of the signs in the amount of $625.00.

ROADS – COUNTY

Commr. Carson presented to the Board a letter from the Department of Transportation regarding the status of the roads which are scheduled to be turned over to the County for maintenance. He read the letter to the Board and requested the Clerk to make sure each Board member received a copy of this letter.

ACCOUNTS ALLOWED

On a motion by Commr. Burhans, seconded by Commr. Hoskinson, and carried unanimously, the Board approved travel for Mr. David Creamer, Mosquito Control employee, to attend the Dancey Company LP Gas Carburetion School in Tampa, June 5-9, 1978, at a cost of $225.00.

On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board approved a refund in the amount of $63.00 to Mr. C. Jack McWhorter who purchased permits which were not needed and which were not used.

CONTRACTS AND AGREEMENTS

On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board approved for the Chairman to sign the contract between Leecon Construction Company and Lake County for the Design and Build Project on Lakeshore Drive in District #3.

On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the Board approved the contract between Lake County and Dr. Pasquale Nuzzo which states that he will be the resident physician for the Lake County Nursing Home.

BONDS

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

1067-78 William F. Sippel (Building)

1630-78 Dolphin Electric, Inc.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved cancellation of the following Contractor Bond: 1437-78 Robert J. Otte dba Bob Otte Mobile Home.

COUNTY BUILDINGS

Mr. Watkins, Clerk, presented to the Board, at the request of Commr. Windram, a letter from Dr. June Murray requesting the Board consider allowing the Health Department to use a portion of the Detention Center for a special school program for pregnant adolescents. This was referred to Commr. Hoskinson for his attention.

REPORTS

The Clerk presented to the Board the Distribution of Revenue of the Traffic-Criminal Department for the week of February 17-28, 1978. This was accepted by the Board.

LAKE COUNTY PROPERTY APPRAISER

On a motion by Commr. Windram, seconded by Commr. Burhans and carried, the Board approved the Certifications of Error and Correction #5-19788 through 5-19818 as submitted by the Property Appraiser.

ROADS – COUNTY

Mr. Andrew, County Engineer, presented to the Board for its review the Lake County Primary Work Program from 1977-1982.

The Board discussed the requests as submitted by the municipalities. Upon its review, the Board reversed Priority #14 and #21 respectively and added the continuance of the right-of-way acquisition on 19A between SR 500 and 441 as Priority #1 and requested that the rest of the priorities be moved down one number.

The Board also amended the request from the City of Tavares to read that the Four Laning of SR 19 would be from the intersection of SR 561 to SR 500.

The request from the City of Umatilla was also amended to widening SR 450 West to Lake Street to 24 feet.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the primary road program as submitted by the County Engineer and amended by the Board of County Commissioners as outlined above.

CONTRACTS AND AGREEMENTS/ACCOUNTS ALLOWED

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the release of $71,449.20 from the Escrow Account of Dora Oaks, as recommended by the County Engineer, and authorized the Chairman to sign the necessary documents.

MAPS AND PLATS

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the plat of Jones Park Subdivision, Unit #1, as presented and recommended by the County Engineer.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the Plat of Woody Acres as presented and recommended by the County Engineer.

RECESS AND REASSEMBLY

At 11:50 a.m. the Chairman announced that the Board would adjourn for lunch at the Fiesta Restaurant in Tavares. The public and press were invited on a dutch-treat basis.

PLANNING AND ZONING

Mr. Willett appeared before the Board to discuss the Overall Economic Development Plan for Lake County. Nancy Cox, Associate Planner, briefed the Board on the changes contained in the most recent copy of the Plan in comparison with the Preliminary Draft which was handed to them last week.

Mr. Willett stated that he would be returning to the Board on April 4, 1978 for formal adoption of the plan.

REZONING CASE 3-78-4 – STUTZ IND., INC.

Mrs. Dottie Revello, resident of Lake Saunders Subdivision and representing the residents within the Subdivision, stated that they were opposed to this rezoning. She stated that the case was advertised one time as CP and another time as MP. Mrs. Revello pointed out to the Board that a fence had been erected on the property which did not conform to the regulations. The residents are also opposed to a commercial business district encroaching into a residential area.

Mrs. Julia Schall, property owner in the area, stated that the fence which had recently been built was not high enough to block the cars and toppers around the business in question.

Mr. Lowell Halsey appeared before the Board and stated that he was representing Mr. Fred George, owner, who could not be present. He presented a map to the Board outlining what was planned and stated that behind the piece of property in question there would be retained two residential lots on which homes would be constructed.

Discussion was held. The Board asked Mr. Willett, Director of Planning, what the recommendation of the Planning and Zoning Department was on this case. Mr. Willett responded that the Department recommended denial because it did not conform to the Comprehensive Plan.

On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Board and denied the rezoning.

REZONING CASE 17-78-3 - A TO RM – LEONARD CARTER

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

REZONING CASE 13-78-3 – RMRP TO RM – OLIBERT PAQUETT

Mr. Willett stated that the request for rezoning was withdrawn by letter this morning. On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board approved the withdrawal of this petition for rezoning.

CUP 608-2 - CUP IN A – DAVID N. VARVEL

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

REZONING 14-78-2 - A TO C-1 – WILLIAM MATTICK

Mr. William Mattick, petitioner, appeared before the Board and stated that the Planning and Zoning Board had rezoned his property CP, yet he wanted C-1. Discussion was held.

On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Board and approved the rezoning to C-1.

REZONING CASE 12-78-2 - A TO R-1-15 OR R-1-10 – HAZEL PATTON

No one appeared before the Board regarding this case. On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the Board approved the rezoning to R-1-15.

REZONING CASE 19-78-5 - R-1-7 TO A – ROLLAND CINGANO

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 was approved to Agricultural.

CUP 607-5 – CUP IN A – UMATILLA CITRUS GROWERS

No one appeared before the Board regarding this case. On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried, the Board upheld the recommendation of the Planning and Zoning Board and approved the CUP. Commr. Burhans abstained from voting because he is a member of the Umatilla Citrus Growers Association.

REZONING CASE 15-78-5 – A TO RR – CHARLES JOHNSON, WHISTLING PINES

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

REZONING CASE 16-78-5 – RR TO R-1-5 – STUART E. KLAHN

Commr. Deems brought to the attention of the Board that the Planning and Zoning Board had approved the rezoning to Agriculture but never addressed itself to the requested rezoning of R-1-5. Commr. Deems suggested that a procedure be devised whereby the rezoning request be disposed of when the Planning and Zoning Department changes the zoning on a particular piece of property to other than what had been originally petitioned.

Mr. Klahn appeared before the Board and stated that all he wanted was to have his property zoned to allow him to place a mobile home on the property in question. Discussion was held.

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 approved to Agriculture.

REZONING CASE 18-78-5 – C-1 TO R-1-5 – C.G. PHILLIPS

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 approved to R-1-5.

GRANTS

Mr. Willett requested approval of the Board for the Chairman to sign the request for funds from HUD in the amount of $13,477 for the Housing Rehabilitation Program. On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the request as presented by Mr. Willett.

APPROPRIATIONS/CETA

Mr. Spooner presented to the Board for its consideration requested projects which will be funded through CETA from money which Lake County has received due to the fact that other counties have not utilized their allotted amount of funds within the specified time.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the proposed project for Easter Seals which will consist of six positions for six months.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board denied the project submitted by the Florida Employment Service which consisted of two positions for six months. It was the feeling of the Board that if the State eliminated these two positions because it felt they were not necessary, the County should not restore them through CETA Funds.

Mr. Spooner presented to the Board requested positions for funding under CETA through Title II PSE Funds.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the position of Payroll Clerk as presented by Mr. Spooner.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously the Board rejected the request for a Clerk-Typist at the Clermont Chamber of Commerce and a Receptionist at the U.S. Highway 27 Association.

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board approved the position of a Clerk-Typist at Lake Sumter Community College.

ACCOUNTS ALLOWED

Mr. Porter, Director of Personnel, informed the Board that there was a typewriter in the CETA Office which needed to be replaced with a typewriter with a 15-inch carriage.

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board approve the purchase of a typewriter with a 15-inch carriage which will be purchased through the Lake County Purchasing Department with County Funds and leased to the CETA Program.

CONTRACTS AND AGREEMENTS

Mr. Ford presented to the Board the contract between Lake County and Waterman Memorial Hospital for the operation of the Northeast Lake County Ambulance District. Mr. Ford stated that he had reviewed the Contract and found it in order. On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the contract, as presented by Mr. Ford, and authorized the Chairman and Clerk to sign same.

Mr. Ford also presented to the Board the contract between Lake County and the City of Leesburg for operation of the Northwest Lake County Ambulance District. He stated that the City has agreed to receive the funds for the operation of the Ambulance Service on a monthly basis for the 1977-1978 Fiscal Year. Mr. Ford informed the Board that he had reviewed the contract and found it in order.

On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the Board approved the contract between Lake County and the Northwest Lake County Ambulance District as presented by Mr. Ford.

RESOLUTIONS

Mr. Ford presented to the Board for its review and consideration a resolution concerning the disposition of the funds under dispute which were raised in the Northwest Lake County Hospital District prior to the District being repealed by the Florida Legislature.

Discussion was held. Commr. Carson voiced his opinion that he did not want to release any of these funds unless directed by a Court of Law. Further discussion was held.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried, the Board tabled action on this resolution. Commr. Windram voted “no.”

ORDINANCES

Mr. Ford stated that he has been requested to draw an Ordinance which specifies the duties of the Board of Examiners.

On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board authorized the County Attorney to draw the requested Ordinance.

INDIGENTS

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the change in the Indigent List as follows:

ADD Mrs. Max Kessler for Lear Alexander, District #1

ACCOUNTS ALLOWED

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

Gen. Revenue Fund 1747A-194, 1

Auto Inspection 99-1, 5

Fine & Forfeiture 242-26, 9

C.T.T. Fund 443-49, 6

EDA Grant 3

R & B Assessments 3

N.E. Hospital Ambulance 7

Fish Conservation 1, 2

Youth Vol. Counselor 6

D.W.I. Fund 17-19

Title II Anti-Recession Fund 6

CETA Title I 282-29, 9

CETA Title II 146-15, 5

CETA Title III YETP 6-12

CETA Title VI 137-14, 7

CETA Title VI Projects 222-23, 5

There being no further business to be brought before the Board, the meeting adjourned at 4:05 p.m.

_________________________

James C. Carson, Jr., Chairman

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James C. Watkins, Clerk