A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

APRIL 11, 1978

The Lake County Board of County Commissioners convened in Regular Session on Tuesday, April 11, 1978, at 9:00 a.m., in the Board of County Commissioners Room, Courthouse, Tavares, Florida. Present were: James R. Carson, Jr., Chairman; Commissioners J.H. Hoskinson, Glenn C. Burhans, and C.A. “Lex” Deems. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Andrea Gambrell and Shirley Wilson, Deputy Clerks. Commissioner Thomas J. Windram was not present at this meeting.

INSURANCE

Chairman Carson presented to the Board a letter from Gulf Life Insurance Company, stating their appreciation to the Board and all concerned regarding the assistance they received in compiling a proposal to submit to the Board for its consideration.

Chairman Carson pointed out that approximately 176 County employees’ dependents were already enrolled in the new program.

FUNDS – GENERAL

Chairman Carson received a letter from James H. Sayes, Local Government Assistance Specialist, regarding the request for information on expending Anti-Recession Fiscal Assistance Funds. The letter further stated that the funds could be spent as proposed, from the County to the City of Clermont to a third party, for the payment of labor to continue the Marshland Study. It was emphasized that the County keep records for the benefit of auditing that may be required. Also it would be meeting the intent of the program if the funds were expended specifically for salaries.

BONDS

Chairman Carson presented to the Board a letter from Southeastern Bonding Company outlining a savings of $250,000.00 by refinancing Bonds with Southeastern. Mr. Ford, County Attorney, stated that he would have his office research the refinancing of the Bonds held by Lake County and report the findings to the Board in their Regular Session on April 18, 1978.

SCHOOLS – MISCELLANEOUS

Chairman Carson talked with Mr. Burnham, Principal of Leesburg Middle School, with reference to a flashing red light at Dixie Ave. He stated that a solution had not been reached and he would keep the Board informed of any developments in this area.

PROPERTY APPRAISER

Mr. Ed Havill, Lake County Property Appraiser, appeared before the Board requesting an additional $125,000.00 to fund a program in his office which would transfer property information to data processing cards. Mr. Havill stated that Volusia County was using this program at the present time. Mr. Havill was asked about the other sources where excess funds might be received and whether or not there were any funds available. Mr. Havill stated there were not. After further discussion, the Board agreed not to make a commitment at this time.

ACCOUNTS ALLOWED

Mr. Gary Knuckles, Purchasing Director, appeared before the Board with the following bid tabulations, which were received for a 15’ Batwing Mower:

Bell Rentals & Sales, Inc. $4,280.79

Florida-Georgia Tractor Co., Inc. $4,850.00

Polk Tractor Company $5,030.00

Shelfer Ford Tractor Co., Inc. $5,418.00

Fort Mason Tractor Co. $5,130.00

Commr. Deems moved to purchase the mower from the low bidder, Bell Rentals & Sales, Inc. also, meeting with County Specifications, seconded by Commr. Burhans, the Board approved this purchase at a cost of $4,280.79.

Mr. Knuckles also introduced bids for two (2) Diesel Tractors; they are as follows:

Polk Tractor Co. $ 9,953.00

Prescott Tractor Sales, Inc. $14,769.00

Highland Tractor Co. $15,000.00

Shelfer Ford Tractor Co., Inc. $14,334.50

Swift Tractor Co. $19,221.80

Fort Mason Tractor Co. $13,715.20

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously by those present, the Board approved the purchase of a tractor from Fort Mason Tractor Co. at the lowest price meeting with County Specifications in the amount of $13,715.20.

ACCOUNTS ALLOWED

Commr. Hoskinson stated he had conferred with Mr. Gene Dixon, Maintenance Supervisor, on a window air conditioner for the Veteran Service Office. Mr. Knuckles, Purchasing Agent, informed the Board that he had checked on this and requested permission to purchase a Fedders, which in his opinion was the best buy. On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously by those present, the Board approved the above request at a cost not to exceed $500.00.

FIRE DISTRICTS

Chairman Carson received a letter from Mr. C. S. Kennedy, President of the Spring Lake Volunteer Fire Department, Inc. regarding their desire to expand their boundaries. The reason for this expansion would be to give people in the unincorporated area of Lake County west of Fruitland Park fire protection.

Mr. Ford informed the Board that the County had no jurisdiction or authority in the matter and should not become involved. It was requested that this information be passed on to the Spring Lake Volunteer Fire Department, Inc. by letter and that a copy of their letter be forwarded to Mr. Robert Lewis, Civil Defense Director.

ACCOUNTS ALLOWED

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved travel for Bonnie Jones, Consultant Pharmacist at the Nursing Home, to attend a twelve-hour required course at Tampa, Florida, April 29-30, 1978 at a cost of $50.00.

ACCOUNTS ALLOWED

On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Board approved the $3,522.07 to purchase a Kodak Micro-Film Printer for the Clerk’s Office.

ORDINANCE

At 10:00 a.m. the Chairman announced that the advertised time had arrived for the Board to consider the Adult Uses Ordinance for Lake County, which reads as follows:

AN ORDINANCE AMENDING THE ZONING REGULATIONS OF LAKE COUNTY, FLORIDA, ORDINANCE 1971-6, AS AMENDED TO DATE, BY LISTING AND DEFINING ADULT USES: PROVIDING SETBACK REQUIREMENTS FROM RESIDENTIAL ZONES FOR ADULT USES: PROVIDING FOR CERTAIN EXEMPT ORGANIZATIONS: PROVIDING FOR THE TIME LIMIT TO BRING EXISTING USES INTO COMPLIANCE: AND ALLOWING ADULT USES ONLY UNDER A CONDITIONAL USE PERMIT IN RURAL OR TOURIST COMMERCIAL, COMMUNITY COMMERCIAL, LIGHT MANUFACTURING, HEAVY INDUSTRIAL, AND PROHIBITING ADULT USES IN RURAL RESIDENTIAL, RURAL ESTATES, RESIDENTIAL ESTATES, URBAN RESIDENTIAL, RESIDENTIAL, MOBILE OR MIXED RESIDENTIAL, MOBILE HOME PARK RESIDENTIAL, MOBILE HOME RESIDENTIAL, RESIDENTIAL PROFESSIONAL, AND MEDIUM RESIDENTIAL DISTRICT ZONES: PROVIDING FOR A SAVINGS CLAUSE PROVIDING FOR EFFECTIVE DATE.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board placed the above Ordinance on the floor for its first and only reading by title only.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board read the Ordinance for the first and final time by title only.

Mr. Al Halzell, a resident of Sylvan Shores, appeared before the Board and commended the Board of County Commissioners for adopting an Ordinance of this type in Lake County.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, the Board adopted the above Ordinance by Title only.

GRANTS

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board approved the signature of the Chairman on the progress report for the EDA Grant as presented by Michael Willett, Director of Planning.

ACCOUNT ALLOWED/GRANTS

Mr. Willett requested that the Board approve an amount of $71,184.24 be paid to Superior Asphalt Company through the Community Development Block Grant. On a motion by Commr. Hoskinson, seconded by Commr. Burhans, the request was approved and passed unanimously by the Board.

BONDS

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board approved the request of George L. Sholtis 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 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. Deems and carried unanimously, the Board approved the request of Mr. Phillip LaFlam, Okahumpka Area, 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 that the mobile home be removed immediately upon the request of the Board of County Commissioners.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request of Mr. Roger Hanna, Ocala Forest Campsite, to live in a mobile home on the same piece of property on which his conventional dwelling is being built, subject to the proper bonds 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. Deems and carried unanimously, the Board approved the request of Dorene Poe, Sorrento Area, to live in a mobile home on the same piece of property on which her conventional dwelling is being built subject to the proper bond being posted and with the understanding that the mobile home be removed immediately upon the request of the Board of County Commissioners.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request of Elwood Oliver, Fruitland Park Area, 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 that the mobile home will be removed immediately upon the request of the Board of County Commissioners.

COMMUNICATION

Commr. Deems presented to the Board a letter received from Mr. Haromon W. Shields, Executive Director, Department of Natural Resources, regarding the acquisition of 4.17 acres of land adjacent to Lake Griffin Recreational Area in the amount of $50,000.00.

COUNTY MATERIAL

Commr. Burhans presented to the Board a request from Frank Wagner, Wagner Excavation Company, for permission to remove approximately 5300 yards of overburden from the Lady Lake Landfill, in trade for 5000 yards of clay from the Tangerine Clay Pit.

Mr. Ford, County Attorney, stated that this would be a fair trade if the Board decided to approve Mr. Wagner’s request. However, he suggested that a contract be drawn up outlining all details involved in the trade. On a motion by Commr. Burhans, seconded by Commr. Hoskinson, and carried unanimously, the Board approved the trade with Mr. Wagner, subject to the County Attorney drawing up the proper contract and providing Mr. Andrew, County Engineer, approves the clay as being satisfactory for the use of the County.

MAPS AND PLATS

Commr. Burhans presented to the Board a situation regarding a Developer (Mr. Shirley) of a Eustis Sub-Division, fencing off a section of the subdivision where residents could park their motor vehicles. The park had been dedicated to the public, as shown on the Plat. A resident complained that she felt this could not be done. Mr. Ford stated that, in his opinion, it was a private matter and the County should not become involved.

COURTHOUSE

Mr. Hoskinson brought to the attention of the Board a letter from the office of the State Attorney requesting that a doorway be cut in the wall between Room 426 and 464 of his office for the use of a secretary assigned to the Civil Division. Commr. Hoskinson moved, seconded by Commr. Deems and carried unanimously, the above letter be referred to the Building Committee for review. The Clerk was requested to write to Mr. Gordon Oldham, State Attorney, informing him of the action taken regarding his request.

BIDS/ROAD – COUNTY – STATE

Mr. Bob Andrew, County Engineer, appeared before the Board regarding the widening and resurfacing of C-466A (Picciola Road), Project No. 231. Commr. Deems moved, seconded by Commr. Burhans, and carried unanimously to accept the lowest bid of $154,720.34, which met with County Specifications from Square “G” Construction Company, Inc. Other bids submitted for this Project as s follows:

Leecon, Inc. $155,069.46

K & L Construction $155,849.84

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the lowest and best bid, meeting with the County’s Specifications, from Leecon, Inc. in the amount of $41,119.00 for the resurfacing of Moss Ave., Spanish Ave., Woodside Drive, Griffin Drive, Grove Street, and Lakeview Drive.

K & L Construction $42,760.00

Square G Construction $44,150.00

CONTRACTS AND AGREEMENTS/ACCOUNTS ALLOWED

Mr. Andrew advised the Board that Del-Wood Properties had requested a release of $29,267.99 from the Escrow Account of Lake Dora Oaks Subdivision. On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Board approved the release on the basis that the improvements meet with County Specifications, and 10% of the funds be retained by the County.

MAPS AND PLATS

On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the Board approved the recording of the Murcott Hill Subdivision Plat, providing that it meets with County Specifications.

On a motion by Commr. Deems, seconded by Commr. Hoskinson, the request to record the Plat of the Pine Tree Estates Subdivision passed unanimously, providing that it meets with County Specifications.

CHECKS RECEIVED

On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the Board accepted a check in the amount of $1,300.00 from Mr. C. E. Middlebrooks. The check represents one-half of the cost to pave Wekiva River Road in Sorrento. The paving of the road was approved on April 4, 1978.

ROAD CLOSING

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved the advertising of Groveland Farms Vacation for Public Hearing on May 9, 1978 at 11:30 a.m.

RESOLUTIONS – COUNTY EMPLOYEES

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board adopted a resolution commending Mr. Aubrey Hayes for his services to Lake County in the Welfare Department.

ROADS – COUNTY

Commr. Hoskinson presented to the Board a letter from Mr. Richard Langley, along with a petition signed by residents regarding the speed limit on C-561A around the North side of Lake Minneola. The Board requested a letter be written to Mr. Langley advising him that the information had been given to Mr. Robert Andrew, County Engineer for review and action.

COMMUNICATIONS

A letter was received by Commr. Deems from Gordon Savage, DAC Chairman. The letter stated that District III Advisory Council for HRS will be conducting public meetings throughout the area for the purpose of acquainting the citizens, clients, and other interested parties with their programs and services for fiscal year 78-79. They urged the Board Members to attend the meetings held in their Districts. It was requested that the letter be answered with a copy going to Dr. Earl Kauffman and Ms. Florence Hunter.

MUNICIPALITIES

On a motion made by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board authorized the request of the City of Groveland to use the County’s Front End Loader to remove approximately 100 yards of dirt from their softball field.

ACCOUNTS ALLOWED

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board approved a refund to Mr. George J. Nash in the amount of $50.00 and a refund in the amount of $40.00 to Mr. Hugo A. Santiago. Mr. Glenn Y. Middleton stated in a letter to Chairman Carson that because of an error in their order for examinations, Mr. Nash was unable to take the Class “B” Air/Condition Examination.

CONTRACTS AND AGREEMENTS

Mr. Ed Zager, Representative of the Game and Fresh Water Fish Commission, appeared before the Board requesting an additional fifty (50) Seine Hauls be added to the Seining Program. On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the request was granted, providing only twenty (20) hauls be made at this time, and the remaining thirty (30) in the fall. Mr. Heppberger, President of the Lake Improvement Association, was present and stated that the Association agreed to this recommendation.

RECESS AND REASSEMBLY

At 11:20 a.m. the Chairman announced that the Board would adjourn for lunch at the Park Restaurant. The public and press were invited on a dutch treat basis. The Board will reconvene at 1:30 p.m.

ORDINANCE

Dr. June Murray, Director of Lake County Health Department, appeared before the Board requesting an Ordinance naming the Lake County Health Department as the official agency for licensing of Child Day Care Services. She stated that the State Law had assigned this duty to the Department, but that a local Ordinance should be adopted stating same. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved the Ordinance presented by Dr. Murray be advertised for Public Hearing on May 9, 1978 at 10:30 a.m.

The Ordinance reads as follows:

AN ORDINANCE OF THE COUNTY OF LAKE, FLORIDA, RELATING TO THE REGULATION OF CHILD CARE FACILITIES AND OTHER SIMILAR ESTABLISHMENTS CARING FOR MORE THAN FOUR CHILDREN IN LAKE COUNTY: PROVIDING FOR DEFINITIONS: DESCRIBING MINIMUM STANDARDS AND REGULATIONS RELATING TO PERSONNEL, PHYSICAL FACILITIES, FIRST-AID TREATMENT AND EMERGENCY PROCEDURES, NUTRITION, FOOD PREPARATION AND FOOD SERVICE REQUIREMENTS, ADMISSION AND RECORD KEEPING, CARE FOR CHILDREN DURING NIGHT TIME HOURS, TRANSPORTATION, LICENSING PROCEDURES AND INSPECTIONS: PROVIDING FOR EDUCATIONAL STANDARDS: PROVIDING FOR LICENSING OF THE OPERATION OF SUCH ESTABLISHMENTS BY THE LAKE COUNTY HEALTH DEPARTMENT: PROVIDING FOR THE INSPECTION OF SUCH ESTABLISHMENTS BY THE LAKE COUNTY HEALTH DEPARTMENT: PROVIDING A PENALTY FOR VIOLATIONS: DESIGNATING THE LAKE COUNTY HEALTH DEPARTMENT AS THE LOCAL LICENSING AGENCY FOR CHILD FACILITIES, AND PROVIDING FOR AN EFFECTIVE DATE.

PUBLIC HEALTH

Dr. June Murray presented to the Board a list of additional fees to be established by the Health Department. She pointed out the reason for the additional fees was because of the increase in demands for services rendered and the rising cost of these services. On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the following charges were approved by the Board to become effective May 1, 1978.

Individual Sewage Disposal Systems (Site Evaluation) $25.00

Individual Sewage Disposal (Construction Permits) 15.00

Individual Sewage (certify existing system) 15.00

Septic Tank Cleaning (Annual License) 50.00

Child Day Care (Annual License) 25.00

Public Drinking Water Supply Samples (per test set) 3.00

Public Swimming Pool Samples (per test set) 3.00

ZONING

ZONING VIOLATION 78-29 – JAMES O. SPILLERS

No one appeared before the Board regarding this violation. On a motion by Commr. Burhans, seconded by Commr. Hoskinson, and carried unanimously, the Board found Mr. Spillers in violation, declared the violation a public nuisance and gave Mr. Spillers 30 days to comply with Ordinance 70-1.

ZONING VIOLATION 78-30 – MR. CLARENCE JEUNE

No one appeared before the Board regarding this case. On a motion by Commr. Burhans, seconded by Commr. Hoskinson, and carried unanimously, the Board found Mr. Jeune in violation, declared the violation a public nuisance and gave Mr. Jeune 30 days to comply with Ordinance 70-1.

ZONING VIOLATION 78-33 – MR. COY STEVENS

Mr. Coy Stevens appeared before the Board regarding this violation. He stated that he wanted to build a home, and had just assembled the lumber and material needed to begin that home. On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, Mr. Stevens was found in violation. The violation was declared a public nuisance, and he was given 30 days to get the necessary mobile home bond and building permit.

ZONING VIOLATION 78-34 – MR. FRANK ADAMS

Mr. Adams appeared before the Board and stated that he had built a private brick fence, within 9’ of the right-of-way of DR1-6412. He stated the fence was built to keep his property from being flooded and that he would take the fence down if the County would do something about the flooding. He presented pictures to the Board so they could view the situation. Each Commissioner was in agreement that something did need to be done in order to stop the flooding of the property.

On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Board postponed this case for 30 days and asked that Commr. Carson and Mr. Andrew review the situation and speak with Mr. Adams about a possible solution to the problem.

ZONING VIOLATION 78-35 – MR. PAUL OKONSKI

Mr. Steve Richey, Attorney representing Mr. Okonski, appeared before the Board regarding this case. Mr. Richey stated he realized a violation existed on the property, but would like to have an opportunity to work with the Planning Department to amend the CUP under which this travel trailer park operates. Discussion was held regarding the selling of travel trailers from the property.

Mr. Bill Walsh, President of the Silver Lake Estates, appeared before the Board and stated that the association was opposed to the expansion of commercial activity in this area.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board found Mr. Okonski in violation and declared the violation a public nuisance and gave Mr. Okonski 30 days to comply with the CUP.

ZONING VIOLATION 78-37 – MR. LAWRENCE HOSKINS

Mr. Hoskins appeared before the Board regarding this case. On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Board found Mr. Hoskins in violation, declared the violation a public nuisance and gave Mr. Hoskins 90 days to work out a suitable solution to the problem.

ROAD CLOSING

Mr. Willett, Director of Planning, appeared before the Board and stated that there was a problem with the platting of Vacation Village, because there was an old, unnamed road which ran through the proposed development. It was requested that the Board approve the advertisement of this road. On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Board approved the advertisement of an unnamed road located in Monte Vista Park Farms for May 9, 1978 at 11:00 a.m.

The Board requested that all surrounding property owners be notified of this road closing.

EMERGENCY MEDICAL SERVICES/BIDS

It was reported to the Board that there was a problem with the bids, which were received by the Northeast Lake County Ambulance District for the purchase of Emergency Medical Services Communications Equipment. The bids were received, and apparently the EMS Council rejected all the bids because G. E. was the low bidder, and there had been no successful installation on this type of equipment by G. E. It was suggested that Commr. Deems; Chris Ford, County Attorney; and Representatives from the EMS Council meet regarding this matter on Thursday and report to the Board their findings.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously by those present, the Board approved for Commr. Deems and the County Attorney to organize the suggested meeting with the proper authorities from the EMS Council and Tallahassee.

COUNTY BUILDINGS

Commr. Burhans reported to the Board that repairs were needed on the windows in the Umatilla Barn, which is used by the Health Department for their clinics. He stated that the windows leak when it rains, and Dr. Murray has requested they be repaired or replaced.

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board approved the above-mentioned windows be repaired or replaced with the funds being taken from the County Building Fund and the labor being provided by the CETA Crew. It was requested that the advice of Mr. Gary Knuckles be obtained regarding this work.

BUDGETS

Mr. Watkins presented to the Board the new Budget Forms, which will be distributed to the Department Heads.

On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Board directed the Clerk to distribute the Forms and inform the Department Heads that the Budget must be returned to the Finance Department by May 22, 1978.

There being no further business to be brought before the Board, the meeting adjourned at 3:30 p.m.

_________________________

James C. Carson, Jr., Chairman

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James C. Watkins, Clerk