A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

august 15, 1978

The Lake County Board of County Commissioners convened in regular session on Tuesday, August 15, 1978, at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Courthouse, Tavares, Florida.  Commissioners present at the meeting were:  James R. Carson, Jr., Chairman; C.A. “Lex” Deems; J.M. Hoskinson; Thomas J. Windram; and Glenn C. Burhans.  Others present were:  Donald Smalt, Deputy in Charge of Finance; Representatives from the County Attorney’s office – Sanford Minkoff (A.M.) and David Cauthen (P.M.) - and Jennifer Kennedy, Deputy Clerk.

The Invocation was given by Donald Smalt and the Pledge of Allegiance was led by Commr. Hoskinson.

minutes

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried, the Special Budget Meeting Minutes of July 14, 1978 were approved as presented.  Commr. Windram was out for the vote.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Minutes of August 1, 1978 were approved as amended.

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Minutes of August 8, 1978 were approved as amended.

indigents/hospitals

Mr. Minkoff gave an updating to the Board on the progress of Policy Procedure for Indigent Obstetrical Patients.

The Board reiterated their feeling that the guidelines for this policy should remain the same as for any other indigent service.  A $500.00 cap per delivery is approved and payable after all attempts have been made to collect insurance monies which may pay part of the bill.  It is understood if insurance pays $300.00 of a $600.00 bill, the County would only pay $300.00.  It was stressed this is a regular indigent service, with certification by the Welfare Department, and the guidelines should be the same as for all other indigent programs.

accounts allowed

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, payment to Superior Asphalt was approved in the amount of $9,579.92, for Shellcracker Drive, Project 223 (final payment).  This is approximately $1,800.00 over the contract price because it was necessary to resurface about 160 feet of Perch Street which is a connecting length between 441 and Shellcracker.

On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the Board approved partial payment to Square G in the amount of $46,015.44 on Project No. 231, 466A Picciola Road.

On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, partial payment to Square G in the amount of $77,279.76 was approved covering Project No. 237, Widening and Resurfacing of 565A.

On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, approval was given for repair work in the Joanna Shores Subdivision, in the amount of $138.32 for Mr. Allen Paul, subject to receipt of the money by the finance department and with the understanding that the County will not maintain the repaired road.  The work covers 7 c/y of lime rock and 19 ˝ hrs. labor, $50.00 and $88.32 respectively.

county employees/welfare department

On a motion by Commr. Burhans, seconded by Commr. Windram and carried, the Board approved to pay the $30 fee involved enabling Myra Smith, Director of Welfare, to become a Notary.  Commrs. Deems and Hoskinson voted “No.”

mental health

Commr. Carson read a letter from the Lake Sumter Community Health Center stating they had been advised that money was available through HUD, Section 202, which would allow the formation of a Housing Program for the elderly or handicapped.  Mr. Lacey, Executive Director of the Center, was requesting a letter of support from the Commissioners.  Unfortunately our letter could not possibly reach Mr. Lacey in the timeframe as outlined in his letter.

Commr. Hoskinson moved that a letter be sent to the Community Mental Health Center in support of this program.  Under discussion it was noted that this would be quite an extensive program; our letter would not arrive in time to do any good; and because of the magnitude of the project, additional information would be helpful before taking any formal action.  Commr. Hoskinson’s motion died for lack of a second.

right of way/ roads

Discussion was held regarding approximately 25 pine trees being on the dedicated right-of-way out by the Astor Community Center, and consequently hindering the Center’s proposed driveway.

On a motion by Commr. Windram, seconded by Commr. Deems and carried, and upon the advice of the County Attorney’s office, it was approved for the County to remove those trees on the dedicated right-of-way.  Commr. Burhans abstained from voting because he is a member of the Center.

bonds

On a motion by Commr. Burhans, seconded by Commr. Windram and carried, Contractor Bond #1676-78 for Martin W. Burnstein dba Bilt-Rite Construction Co. and Bond #1678-78 for Cecil O. Garrett, Jr., a residential contractor, were approved.  Commr. Hoskinson was out for the vote.

On a motion by Commr. Windram, seconded by Commr. Deems and carried, the General Contractor Bond #937-78 for Robert E. Thornburg was cancelled.  Commrs. Hoskinson and Burhans were out for the vote.

resolutions

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Chairman was authorized to sign a Resolution regarding the rezoning of Dr. Young’s property in Fruitland Park from A to RS1A.  The Planning Department informed the Board this would not be in conflict with the Comprehensive Plan.

reports

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Traffic-Criminal Department Distribution of Revenue Report for August 4, 1978 was accepted.

accounts allowed

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

General Revenue          4429-4604                   MVI                             203-210

Fine & Forfeiture          463-479                       County Transp.             1022-1086

DWI                            42                                Title II Anti-recession   15-16

R & B Spec. Assess     6                                  Section 8                      213

EDA                            9                                  CETA Title I                613-635

CETA Title II               315-325                       Title III S                      39-48

CETA Title III Youth    69-77                           Title VI                         367-396

CETA Title VI P          499-521

funds/transfer

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

general revenue fund

Welfare Services

Transfer $75,000 from Contingency to account #5221309-3 “Inpatient Hospital Services.”  Reason:  Indigent obstetrical patients.

County Attorney

Transfer $15,000 from Contingency to account #2103334 “Commissions, Fees & Costs.”  Reason:  Overexpended.

Circuit Court

Transfer $91.48 from account #2322328-2 “Travel Expense” to account #2322402-2 “Equipment.”  Reason:  Overexpended.

budgets

On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the CETA Title III Summer Youth Budget was amended in accordance with Chapter 129.06 (2)(d) Florida Statutes, by an increase of $24,187.00 to a total budget of $276,679.00.

accounts allowed/travel

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the March 7, 1978 – March 10, 1978 travel of Mrs. Dorothy C. Monroe to Orlando to the Florida Dietician Associations’ Annual Convention, which allows 14 credit hours for continuing education which is necessary for her to qualify for her position at the Nursing Home was approved.  The cost for this Convention is $137.00.

fire districts

At this time, the Chairman announced the Board would hear comments regarding a proposed fire protection plan for the unincorporated residents of Lake County.

Mr. Michael Willett, director of Planning, summarized his Proposal as presented to the Board and developed as a result of workshop sessions with the Joint Firemen’s and Fire Chiefs’ Associations.

Mr. Willett explained the goal of the plan as being to reduce operating expenditures and increase during the first five years and as the funds become available, capital improvements in order to upgrade equipment, communications, etc.  There was brief comment regarding ad valorem tax versus a structural tax; as well as “response time” to a city structure versus the “response time” to an equal participant, cost-wise, in the program, but who lives way out in the country.  In summary Mr. Willett stated the Committee developing the proposal favored a structural tax to fund the program, a Fire Administrator to oversee the program, and a Board of Fire Commissioners to serve in an advisory role.  (It was noted that there are certain areas not in favor of county-wide fire protection; Hawthorne Mobile Home Park located in Leesburg has its own very adequate fire department, as well as certain industries who feel they are adequately protected.)

At this time, Commr. Carson stated he would like to hear comments from the spokesperson of those present (approximately 30 people were present).  Mr. Bob Smyth, President of the Lake County Fire Chiefs Association, who is also the Clermont Chief, was present to affirm the proposal as presented by Mr. Willett.  Mr. Smyth stated “We are for it,” and stressed that 18 months of hard work had gone into preparing the proposal.  He also stated that years ago, his City did provide out-of-town fire protection, but when they found out they were in violation because they had no agreement with the Board of County Commissioners, coverage ceased.

Mr. John Kennedy, Golden Gem Growers, was present and stressed the importance of an in-depth study before this issue is placed to the voting citizenry of Lake County.  He stated he strongly felt cost-benefit ratio studies needed to be done since the cost might be as high as $9,000.00 as now proposed for the Umatilla area Concentrate Plant.

Mr. Vernon Land, resident of Donna Vista, stated that on short notice he had contacted approximately 35 people in the Three Lakes District and found they were all strongly in favor of fire protection.  Mr. Land stated he felt there should be more citizen input in the form of local hearings regarding this issue, as there were several questions the residents had such as fees they are presently paying on their water bill for fire protection, would these continue, should county-wide fire protection become available.

With the allotted time gone for the discussion on fire districts, it was decided that it would be helpful to set aside a specific time to hear further discussion.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, it was decided to hear additional comments regarding fire districts at 1:30 p.m., Tuesday, August 22, 1978.  Commr. Carson asked that the press help publicize this meeting in an effort to gain as much public input as possible.

grants

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, signature authorization was given regarding a Legal Aid Society, Community Services Trust Fund Application (in the amount of $5,600 for this year).

bonds

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, Commr. Carson was authorized to sign the necessary insurance release form regarding the mobile home bond of David Grim.  Mr. Grim’s home is completed; the mobile home removed, and he no longer needs his bond.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the request of Judith Weise, Mt. Plymouth 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 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. Windram and carried unanimously, the Board approved the request of James Paynter, Emeralda Rd., 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.

funds/transfer

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, a transfer of funds in the amount of $400 was approved from travel to the maintenance of equipment account to cover repairs to the Chevette.  This transfer is for the Personnel Department.

accounts allowed

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, authorization was given the Purchasing Director to buy one desk to be leased back to CETA.  It was anticipated the cost of the desk would be approximately $175.

contracts and agreements

 On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, signature authorization was given for the Chairman to sign the Contract with Rozier Machinery covering the new bulldozer.

resolution

Mr. Knuckles presented to the Board a Resolution outlining cooperative buying within the County.

On a motion by Commr. Hoskinson and seconded by Commr. Burhans, it was moved to adopt the Resolution as presented.

Under discussion, the exact intent of the Board in adopting a county-wide cooperative purchasing program was reviewed.  It was suggested the wording in #2 and #3 be slightly changed.

The above amendment was acceptable to both the motion-maker and the seconder.  The motion to adopt the Resolution, with amendments, passed unanimously.

machinery and equipment

Mr. Knuckles discussed with the Board the advisability of discontinuing several of our leasing contracts on copy machines.  He stated that over a five-year period, between our out-right purchase, in conjunction with lease-back to CETA on one machine, the County could for an expenditure of approximately $17,000 save the County $36,000.

Discussion occurred regarding the available monies, now in contingency.  Mr. Knuckles stated that there was also approximately $13,000 in next year’s budget to allow for the leasing of the machines he would like to purchase, as well as the money we would be receiving from the CETA lease.

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

Clerk’s Office – IBM Copier II Purchase                      $6,210.00

Clerk’s Office – Savin Copier 780 Purchase                 $5,350.00

Public Works – Xerox 3100 LDC Purchase                 $5,919.45

Building Department – Savin 770 Purchase                   $4,050.00

Pollution Control – Saxon Series III Purchase               $2,525.00

(CETA – Savin 780 purchased last week and is being leased to CETA)

Law Library – IBM II – no change recommended presently; we contract to lease.

(Supervisor of Election – contract on old copier cancelled and a Saxon III originally in CETA was placed here.)

Planning Department – no change recommended; presently we contract to lease.

The cost of the above machines is approximately $30,000.00.

recess and reassembly

At 12:00 noon the Chairman announced the Board would adjourn for lunch at the Silver Lake Country Club.  The public and press were invited on a dutch-treat basis.  The Board reconvened at 2:00 p.m.

Planning and zoning

At this time, there being no objections from those present, the Board, at the request of a Mr. Smith representing Mr. Milton McIlwain, the sixteenth Petitioner on the Agenda, moved this request for rezoning to the first item of business to enable Mr. Smith to catch a plane.

public hearing #91-78-4; a to ra – milton mcilwain

Mr. Smith was present representing Mr. McIlwain in case the Board had any questions regarding this rezoning request.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Planning Commission’s recommendation for approval was upheld and the rezoning approved to RA.

public hearing #67-78-5; a to rp – h.o. williams

No one present had any comments regarding this hearing.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Planning Commission’s recommendation to rezone this parcel to RP for an apartment building was approved.

public hearing #82-78-5; r-1-7 to c-1 – lella stratakis

No one present commented regarding this rezoning.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Planning Commission’s recommendation for approval of the rezoning was approved and the parcel was rezoned to C-1.

public hearing cup #552a-5; amend cup 552-5 – gayle holmes

No one present had any comments regarding this rezoning request.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Planning Commission’s recommendation was approved and the CUP granted.

public hearing #81-78-5; r-1-7 to r-1-5 – stanley dodd

There was no one present who wished to comment on this rezoning.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Planning Commission’s recommendation for approval of the rezoning was upheld and rezoning to R-1-5 granted.

public hearing #83-78-5; r-1-7 to r-1-5 – caldonia brown

No one present expressed an interest in this rezoning request.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the rezoning to R-1-5 was approved, as recommended by the Planning Commission.

public hearing cup #605a; amend cup #605-5 – rev. stephens

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, this Public Hearing was postponed, as recommended by the Planning Commission, to September 12, 1978, 2:00 p.m. or as soon thereafter as possible.

public hearing #88-78-5; rm to rr – jeane b. van dellen

No one present had any comments regarding this hearing.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the request for rezoning was approved to RR.

public hearing #87-78-5; r-1-7 to c-1 – michael cyrus

No one present had any comments regarding this hearing.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the request for rezoning was approved to CP for a convenience store with gas pumps.

public hearing #86-78-1; a to rm – harold harvey

Mrs. Harvey was present and stated that all she wanted to do was place one more mobile home on her land.  It was explained to Mrs. Harvey that the rezoning would not be in conformance with the Comprehensive Plan.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the request for rezoning was denied.

public hearing #85-78-2; r-1-5 to a – jerry sloan

No one present had any comments regarding this hearing.

On a motion by Commr Deems, seconded by Commr. Hoskinson and carried unanimously, the rezoning was approved to A.

public hearing cup #612-2; cup in a – paula norris

A Mr. Carlnot was present to request that the Zoning Violation Code Enforcement people try to clean the area up.  He stated that what existed there now was an unsightly mess.  There were no other comments regarding this request for a CUP.

On a motion by Commr Deems, seconded by Commr. Windram and carried unanimously, the request for a CUP was denied.

public hearing #90-78-3; r-1-7 to rr – john travers

No one present had any comments regarding this hearing.

On a motion by Commr Hoskinson, seconded by Commr. Windram and carried unanimously, the request for rezoning was approved to RR.

public hearing cup #622-3; cup in rr – john travers

Mr. Richard Langley, Mr. Travers’ attorney, was present to answer any questions the Board might have regarding his client’s intentions.  Mr. Langley detailed what exactly would be involved in a water ski training camp.

Mr. Johnson, an adjacent property owner, was present to let the Board know he had no objections regarding a CUP for a ski training camp being located in the area.  He stated that the additional traffic which may be generated would not be as damaging as the grove trucks on the existing clay road.  He also stated that since only one boat would be used, he did not feel the water would be at all crowded.

Ms. Camille Devalt, an employee and instructor at the training camp, was present and informed the Board that the people who attended the school were only interested in learning to ski and she saw no problems with the granting of the CUP.

Mr. John Springstead, an engineer from Leesburg who has worked on the specifications of the layout of the slalom course, was present to answer any questions the Board might have regarding location, ramp approach, etc.

Mr. Tom Sawyer, a property owner in the area as well as an attorney representing several others from the area, was present to strongly recommend denial of the issuance of a CUP.  Mr. Sawyer stated any commercialization of the lake is not favored by those he represents in that it defeats the main reason they purchased their property.

Messrs. Conell and Rollyson, area residents, were also present and expressed concern regarding safety and problems with local fishermen.  Mr. Johnnie Simmons, who owns land 400 feet from the proposed site of the school, stated he was fearful the 8 a.m. – 5 p.m. hours might be hard to enforce.  A Mr. Martin Rolasin was also present and discussed certain right-of-way problems he could foresee regarding additional traffic on the existing roads.

On a motion by Commr Hoskinson, seconded by Commr. Windram and carried unanimously, the CUP was denied.

public hearing #84-78-3; a to MP – paul cox

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

On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the rezoning was approved to MP.

public hearing #89-78-4; a to rr – gene george

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

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, rezoning was approved to RR.

public hearing #620-4; cup in ra – charles bland

No action was necessary regarding this hearing as the request for the CUP had been withdrawn by the applicant.

machinery and equipment/attorney

Mr. Cauthen briefed the Board on settlement figures regarding the insured, burned-up dozer.  After obtaining several opinions as to value, it was the recommendation of the County Attorney’s office to accept a settlement of $40,100.00.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Attorney’s office was instructed to accept $40,100.00 in settlement on the bulldozer that was destroyed by fire.

contracts and agreements

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, signature authorization was given the Chairman, subject to review of Thomason Brothers contract covering renovations to the Sheriff’s and Public Defender’s offices.

contracts and agreements

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Chairman was authorized to sign the contract covering the Tavares fishing Pier, as reviewed and recommended by the Attorney’s office.

judges/accounts allowed

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, Judge Booth’s request that $500 from his and Judge Aulls’ budget be used to purchase secretarial furniture and equipment for Mr. Fred Hooten, the new Court Administrator, was approved.

recess and reassembly

At 3:30 p.m. the Board adjourned until 4:55 p.m.

At 5:00 p.m. the Chairman announced the Board was ready to hear public comments regarding the use of Revenue Sharing Funds.  It was noted that the proper Proof of Publication was on hand and Commr. Carson stated for the record that no one was present for this Public Hearing.

The Board was given a “Status Report” on the $707,997.00 available, so marked Exhibit “A” in the Finance Department’s packet where it is filed.

There being no comments to be heard at this Public Hearing, the Board adjourned at 5:10 p.m.

_________________________________

James r. carson, jr., chairman

 

 

ATTEST:

 

 

 

________________________________

JAMES C. WATKINS, CLERK