A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
FEBRUARY 20, 1979
The Lake County Board of County Commissioners convened in Regular Session on Tuesday, February 20, 1979, at 9:00 A.M. in the Board of County Commissioners' Meeting Room, Courthouse, Tavares, Florida. Commissioners present were: Thomas J. Windram, Chairman; C.A. "Lex" Deems; G.Y. Middleton; James R. Carson, Jr.; and Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Jennifer Kennedy, Deputy Clerk.
The Invocation was given by James C. Watkins and the Pledge of Allegiance was led by Commr. Middleton.
MINUTES
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the February 13, 1979, Minutes were approved as amended and corrected.
COMMUNICATIONS/MUNICIPALITIES/ZONING VIOLATIONS
At this time Mr. John Cain, a City of Mount Dora Building and Zoning Officer, appeared before the Board requesting enforcement of County Regulations regarding a parcel annexed into the City of Mount Dora in June 1977. Mr. Cain pointed out that the zoning at the time of annexation remains the same for a period of two years, unless the City requests permission from the County to change. It was further verified that while zoning remains the same, the County retains enforcement responsibilities.
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, Mr. Willett, Planning Director, was instructed to have the Zoning Department investigate whether or not a trailer exists in R-l-7 zoning, and if a violation does exist, to proceed with processing, since the City of Mount Dora does not wish to request rezoning at this time.
BIDS
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board postponed the awarding of Project #249, Sleepy Hollow Road (#l-4523), to 2:00 P.M. or as soon thereafter as possible, when the County Engineer would appear before the Board. There was no one present at this time regarding this bid.
AGRICULTURE CENTER/ACCOUNTS ALLOWED/TRAVEL
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, permission was given for John Jackson, Jr., Extension Agent Citrus III, to tour California citrus groves and research stations from March 24 through March 31, at a per diem cost only, totaling $245.00. It was pointed out travel fare will be gratis for arranging the tour for the Lake Orange County Extension Citrus Advisory Committee.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, permission was given for Doris Taylor, Home Economics Agent, to attend the April "Clothing & Textiles Study Tour" in New York City April 21 - 27, 1979, via air, at a cost not to exceed $417.00.
NURSING HOME/ACCOUNTS ALLOWED/FUNDS-TRANSFER
Pursuant to Carol McGauvran's request, Administrator of the Nursing Home, Commr. Burhans moved, seconded by Commr. Carson and carried unanimously, that the Activities Fund be created in the amount of $40.00 per month, effective March 1, 1979, via the necessary transfer.
ROAD CLOSINGS/ROADS - COUNTY, STATE
Commr. Burhans brought to the attention of the Board a problem existing on the Higley Emeralda Road. Copies of County Commission Minute Book 4, Page 116, dated April 5, 1909, were submitted to help determine the nature of the road and arrive at a solution for providing access to Mr. Burton's property. Mr. Burton is requesting the County fill potholes and remove certain trees. It was the feeling of the Board if the road is public, and Mr. Burton is willing to pay for grader time and materials to repair the potholes, no problem exists. The removal of the trees was felt unnecessary. Discussion continued.
It was decided Commr. Burhans would get back with Mr. Burton and let him know the matter was referred to the County Engineer to obtain estimates for the necessary work.
EMERGENCY SERVICES/ACCOUNTS ALLOWED/TRAVEL
Commr. Carson stated that he had been informed by Mr. Robert Lewis, Director of Emergency Services, he had declined invitations to serve on the Executive Boards of the United States Civil Defense Council as well as the Florida Civil Defense Association, in that his involvement would tend to hamper his efficiency in his job. Commr. Carson further stated it was Mr. Lewis' feeling that serving on the State Association Executive Board would in no way hamper his efficiency in that it would entail only a few extra phone calls and a day or two away from Lake County during the year.
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board approved travel for Mr. Lewis to attend the United States Civil Defense Council Mid-Year Conference in Washington, D.C., from March 10-14, 1979, via railroad, at a cost not to exceed $415.00.
VETERANS SERVICE OFFICE/COUNTY EMPLOYEES
Commr. Middleton brought to the attention of the Board Mr. Arthur Ragland's request for an additional employee in his department to perform as a Veteran Service Specialist. This request was directed to be referred to Mr. Van Porter, Personnel Director.
REPORTS
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board acknowledged receipt of the February 9, 1979, Traffic-Criminal Department Distribution of Revenue Report.
MINUTES
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved a correction to the February 6, 1979, Minutes, reflecting Square G Construction's bid on Project #248 at $432,967.87.
REPORTS
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of the Annual Report from the Southwest Florida Water Management District for the fiscal year 1977 - 1978.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board acknowledged receipt of the State of Florida, Department of Corrections, Inspection Report on the Lake County Jail, dated February 7, 1979. Commr. Burhans requested a copy of this report.
ACCOUNTS ALLOWED
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, payment of the following vouchers was approved:
GENERAL REVENUE......................... l373-1581
FINE & FORFEITURE ......................... 148-168
ROAD & BRIDGE ................................ 376-414
DWI ....................................................... 19-21
N.E. HOSPITAL ..................................... 7
201 FACILITIES ....................................... 2
ROAD & BRIDGE ASSESSMENTS........ 5-7
FISH CONSERVATION........................... 12-14
N.E. AMBULANCE................................... 3-4
SECTION 8................................................ 131-133
BOATING IMPROVEMENT.................... 1
CETA TITLE I............................................ 152-165
CETA TITLE II........................................... 116A-12 8
CETA TITLE III.......................................... 37-38
CETA TITLE VI.......................................... 94
CETA TITLE VI PROJECTS...................... 143-152
CETA ADMINISTRATION........................ 38-42
INDIGENTS
On the same motion as above, the following changes to the Indigent List were approved:
DIST. #l CANCEL Willie Mae Barrett for Charles Mahone $34.00
DIST. #2 CANCEL John Baker for Lawrence Christian $45.00
COMMUNICATIONS/COUNTY PROPERTY/LANDFILLS
Commr. Windram advised the Board he had received an inquiry from Connie Bond regarding the County's desire to lease or sell the property that is on Griffin View Road in Lady Lake (the abandoned clay pit near Thrill Hill, approximately 9 acres). If the County does not desire to sell the property, Mrs. Bond would like to know future plans for the site as she is considering buying the adjoining property and is concerned it could become a landfill. It was directed this request be referred to the County Engineer.
Commr. Windram stated he would also like to refer to the County Engineer Bob Locke's request (Mt. Dora) for five (5) acres for use by the 4-H organization at their expense.
VETERANS SERVICE OFFICE/COUNTY EMPLOYEES
At this time Mr. Van Porter, Personnel Director, appeared before the Board. Mr. Ragland's request for a Veteran Service Specialist was discussed.
On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Veteran Service Specialist position was approved at a salary of $6,900.00.
NURSING HOME/COUNTY EMPLOYEES
Mr. Porter recommended the dividing of one full-time Nurse's Aide position at the Lake County Nursing Home into two part-time positions.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the above recommendation was approved.
WELFARE DEPARTMENT/COUNTY EMPLOYEES/GRANTS
Mr. Porter; Mr. Willett, Planning Department; and the Board discussed a requested Housing Program Specialist for the Welfare Department to handle the additional workload connected with Section 8. It was pointed out this position's job description was very similar to the Veteran Service Specialist position and the salary range was the same $6,900.00 - $9,600.00.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board authorized a position for a Housing Program Specialist for Section 8 at the Welfare Department at a salary of $6,900.00. Discussion pointed out this position would be an addition to Mrs. Smith's staff (Welfare) rather than Mr. Willett's (Planning).
PLANNING DEPARTMENT/SUBDIVISION/PLATS
Mr. Bill Roberts, representing Mrs. Irene Lowrey of the St. John's Water Front Estates, requested the Board consider nine lots on a 1964 proposed plat be grandfathered in as part of the subdivision. Lengthy discussion occurred in which it was pointed out that in 1972 the State Department of Pollution established regulations which prohibited further development of the subdivision.
Mrs. Lowrey stated that prior to the Department of Pollution regulations, they had filled the nine lots they are now requesting be grand fathered in. It is her feeling that the project's downfall was in trying to please too many people, not working fast enough to accomplish already approved plans; and, therefore, having to stop before they could get the subdivision done.
Commr. Burhans moved the nine (9) lots be grandfathered in. Commr. Carson stated he would be willing to second the motion for the purposes of discussion. Commr. Carson then asked the Attorney if it was legal to "grandfather" anything on an unrecorded subdivision. Discussion continued pointing out the nine lots being considered today are different from the originally proposed lots. Metes and bounds terminology was considered as an alternative, with the main questions being whether or not the lots now meet the requirements of our Subdivision Rules & Regulations, or, if indeed, it ever met the criteria of those lots considered to be "grandfathered in" at the time of adoption of our Rules & Regulations.
At this time the Chairman asked for a motion to postpone the 10:30 A.M. item on the Agenda (Dona Vista Site Acquisition). On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, and upon no objections from those present, the Board postponed the 10:30 A.M. appointment until the conclusion of the present discussion.
Continuing discussion regarding St. John's Water Front Estates, Commr. Middleton stated he did not feel there was anything to grandfather in; that it was more a matter of creating something new. It was Commr. Deems' feeling if we approve this "we are approving a subdivision which has not met any of the Rules and Regulations."
Mr. Alan Warner, an adjacent property owner to the proposed subdivision, stated he did not understand the problem. He felt what Mrs. Lowrey was asking for had already been voted on in 1964 and was already approved.
Mr. Ford explained to Mr. Warner that the present request has been somewhat altered from the way it was originally presented and, therefore, could not be considered a true grandfathering in.
Further discussion pointed out the real problem presently is the paving of the proposed roads; roads connecting lots, as well as one connecting to a paved access must be provided. Mrs. Lowrey stated adjacent property owners are opposed to the paving of the access road.
The question was called for, discontinuing further discussion, with Commrs. Deems, Middleton, Windram, and Carson voting "No," and Commr. Burhans "Yes"; thus denying the request.
OUTDOOR RECREATIONAL FACILITIES/GRANTS/COUNTY PROPERTY
Mr. Michael Stearman, Associate Planner, briefly reviewed the status of the Dona Vista park site acquisition project. Mr. Stearman then introduced Mr. Mike Mabry, President of the Dona Vista Community Development Committee, who briefed the Board regarding the wishes of the residents in that area.
Mr. Stearman explained that, once the Board adopts the Resolution he is presenting at this time, it establishes the fair market value on the proposed sites, and the Planning Department is in the position to start negotiations with the owners of the lands.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board adopted a Resolution setting Fair Market Value on proposed sites and authorizing negotiations to proceed regarding Sites 1 and 1A as outlined in the Resolution, see attachment 564H of these Minutes, as recommended by the Planning Department and local residents, and as appraised by Mr. Sam Cook, MAI.
Discussion was held regarding the Planning Department's recommendation that the residents of the area form a non-profit organization which would enable them to care for their park. It was pointed out that even though they are incorporated, it will not affect the general public's use of the park in that it will be maintained as a park for the general public.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the attorney was authorized to do whatever is necessary in establishing the non-profit status. It was pointed out we would probably lease the park back to the residents for public use.
PROPERTY APPRAISER/COMMUNICATIONS
Mr. Stearman informed the Board Mr. Havill, Lake County Property Appraiser, had been most helpful in reviewing Mr. Cook's appraisals with the Planning Department, and suggested they may wish to write him a letter thanking him for his help. The Clerk was so directed.
CETA/ACCOUNTS ALLOWED/TRAVEL
On a motion by Commr. Carson, seconded by Commr. Middleton and carried, the Board approved travel for Van Porter, Harry Spooner, and Christopher Ford, to Tallahassee on February 28, 1979, for hearings in connection with the 1976 and 1977 CETA Audit.
Commr. Burhans was out for the vote.
CETA/TITLE VI PROJECTS
Discussion was held regarding the availability of Title VI funds. Mr. Porter stated he had received requests from the Lake Sumter Community Mental Health Center for three projects.
On a motion by Commr. Carson, seconded by Commr. Middleton and carried, the Board approved the creation of the following projects to be funded for the Lake Sumter Community Mental Health Center under Title VI Projects:
Community Mental Health Evaluation Survey
2 positions: 1 Research Assistant..........$6,972.93
1 Research Technician............................ 6,096.66
$13,069.59
Minority Outreach Project
3 positions: 1 Child Care Specialist.......$6,096.66
2 Peer Counselor.....................................13,945.86
$20,042.52
Alcohol Extension and Intensification Care
5 positions: 1 Aftercare Worker............$6,607.79
1 Court Liaison ..................................... 6,607.79
3 Psychiatric Technician........................14,416.53
$27,632.11
TOTAL EXPENDITURE FOR SEVEN (7) MONTHS........................$60,742.22
Commr. Burhans was out for the vote.
APPOINTMENTS/MANPOWER DISTRICT ADVISORY BOARD
Mr. Porter informed the Board he had received notification that the Board's recent (see Minute Book 28, Page 506) reappointments to the District Advisory Board, Manpower Planning, were ineligible in that the maximun length of service is two (2) years.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, Mr. Porter's recommendation for representation by John Crawford, now serving with the Lake County School Board, an Employing Agency; and Mrs. Willie Martin, a participant in the program working in the Epilepsy Program, was approved; along with representation by Commr. Middleton as an Elected Official.
CONTRACTS AND AGREEMENTS/GRANTS
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board authorized a contract addendum regarding the rehabilitation contract with Marilyn D. Bodie, dated October 2, 1978, S.E. Umatilla, from $2,400.00 to $3,255.00.
ACCOUNTS ALLOWED
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board authorized the signature of the Chairman and Clerk on the Request for Payment on Letter of Credit - Document No. 13, in the amount of $21,195.27, covering Community Development Block Grant rehabilitation expenses as well as park site property appraisal.
BONDS/MOBILE HOME
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board approved the request of James A. Short, District 2, Okahumpka Area, to live in a travel trailer, provided it is hooked up to sewer and electric, while constructing his conventional dwelling on the same parcel of land. It is understood this Agreement is based on Mr. Short's securing the proper bond and it is further understood the travel trailer will not be occupied once the conventional dwelling is completed, or, should the Board of County Commissioners' request its removal from the site, the trailer must be removed immediately.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board cancelled the following mobile home bonds in that the temporary structures have been removed and conditions met:
Larry Olszewski - Agreement dated November 15, 1977
James Calton - Agreement dated April 4, 1978
Terry C. Baker - Agreement dated September 6, 1978
Eugene Reilly - Agreement dated December 12, 1978
Robert Bauer
Harvey W. Sumner
Keene L. Sands
Charles Slater
Ida Britt - Agreement dated February 7, 1978
Elwood Oliver - Agreement dated April 11, 1978
Bill Mobley - Agreement dated May 9, 1978
GRANTS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board instructed Mr. Willett to make the necessary application for inclusion in the Department of Environmental Protection Agency's 208 Program, originated in 1976 to include Lake, Orange, Osceola, and Seminole Counties. Today's action reaffirms the 1976 action taken by this Board desiring to be included in the Program.
ACCOUNTS ALLOWED/TRAVEL
Discussion pointed out the need for “blanket” travel approval for the various unexpected trips anticipated regarding CETA and the Green Swamp.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, “blanket” travel approval was given regarding trips made in connection with CETA and the Green Swamp, as authorized by the Chairman.
GREEN SWAMP
Mr. Ford informed the Board Mr. Willett would be heard on Wednesday, November 21, 1979, by the Legislative Committee regarding the County's feelings on the Green Swamp designation. It was Mr. Ford's feeling that our County Regulations come pretty close to meeting the necessary criteria. He further stated it had recently been brought to light that originally the "designation" was intended to be temporary, to be lifted upon compliance with the necessary regulations, and applied to another section.
RECESS AND REASSEMBLY
At 11:50 A.M. the Board recessed 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.
ROAD CLOSINGS - GROVELAND FARMS
At 2:00 P.M. the Chairman announced the advertised time had arrived to consider the Groveland Farms' road vacation request. It was noted the proper proof of publication had appeared in the January 28 and February 4, 1979, editions of the Leesburg/Commercial; and proof of publication was presented to the Clerk.
Mr. David Landis, attorney, was present to answer any questions the Board might have regarding this vacation. No one present had any comments for the Board regarding the request.
On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, authorization was given for the processing of the closing, abandoning, discontinuing and vacating of Groveland Farms as follows:
(1) All that portion lying within the N l/2 of Section 23, Township 22 South,, Range 25 East, Lake County, Florida, being adjacent to and or between the following described Lots or Blocks; Lots 1, 2, 3, 4, 13, 14, 15, 16, 17, 18, 19, 20, 29, 30, 31, and 32. Groveland Farms as recorded in Plat Book 2, Page 10, Public Records of Lake County, Florida; less that portion lying West of the South 240.00 feet of Lot 30 said Groveland Farms, and less that portion lying South of Lots 29, 30 and 31, and less that portion lying South of the East 100 feet of Lot 32.
(2) Also that portion lying in the NE l/4 of Section 22, Township 22 South, Range 25 East, lying West of the following described Lots or Blocks; Lots 1, 16, 17 and 32 of Groveland Farms, as recorded in Plat Book 2, Page 10, Public Records of Lake County, Florida.
(3) Also that portion lying in the SW l/4 of Section 23, Township 22 South, Range 25 East, being North of Lot or Block 34, less the East 100 feet thereof, Groveland Farms, as recorded in Plat Book 2, Page 10, Public Records of Lake County, Florida.
BIDS
At this time the Chairman announced it was time to award the bid on Project #249, Sleepy Hollow Road, #1-4523, postponed from 9:30 A.M. earlier in the day.
Mr. Andrew, County Engineer, stated the following bids had been received:
Square G Construction...............$96,445.10
Superior Asphalt.........................$43,047.50
Leecon........................................$98,013.07
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board authorized acceptance of the low bid from Superior Asphalt at $43,047.50, regarding Sleepy Hollow Road, #1-4523, Project #249.
PLATS/ESCROW AGREEMENTS/MAINTENANCE AGREEMENTS
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the Country Club View Subdivision 3rd Addition Plat and accepted a performance escrow agreement and check in the amount of $45,773.18, along with a construction and maintenance agreement covering Country Club View Subdivision 3rd Addition Plat.
Mr. Andrew stated the escrow represents one-half of the project.
ROADS/COUNTY - RIGHT OF WAY
Mr. Rutchow appeared before the Board requesting permission to work in the public right-of-way. Mr. Rutchow explained he would like to rebuild a causeway which is eroding. It was stated he would be working at his own expense and all construction would be to County standards with the understanding the County would not maintain it at this time.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board granted Mr. Rutchow permission to build a 20 foot roadway and widen a causeway in Spring Court in Yalaha, with the understanding he would be working at his own expense, with construction being done to County specifications, but with the understanding the County would not be maintaining the area at this time.
On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board denied the request of Mr. M. A. Smith to build a 13 foot roadway in the public right-of-way.
LICENSES AND PERMITS
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried, the Board approved the Utility and Driveway Permits as follows:
PERMIT PERMITTEE PURPOSE ROAD
2021 Florida Telephone Corporation Buried Cable 5-6744
2022 Florida Telephone Corporation Buried Cable 2-3109B
2023 Florida Telephone Corporation Buried Cable 2-3109
2024 Florida Telephone Corporation Buried Cable 2-3110
2025 Florida Telephone Corporation Buried Cable 2-3109A
2026 Florida Telephone Corporation Buried Cable C-470
2027 Florida Telephone Corporation Buried Cable C-561A
2028 Florida Telephone Corporation Buried Cable S-19A
2029 Florida Telephone Corporation Buried Cable C-46A
2030 Florida Telephone Corporation Aerial & Buried Cable C-565B
2031 Florida Telephone Corporation Buried Cable 5-7581
2032 Florida Telephone Corporation Buried Cable S-44A
1-408 Osbond V. Baggett Water Line 1-5702
1-409 City of Fruitland Park Potable Water Main 1-6606
4-410 Karis Sales & Service Inc. Irrigation Pipe 4-4265
DRIVEWAY PERMITS
1-444 James G. Clifford S-466A
3-445 Jack E. Griner 3-1255
5-446 G.A. Cochran 5-7528
1-447 Jacob C. Shumacker, III 1-5913A
4-448 E.G. Terry C-439
1-449 D. Roy Jones 1-4732
3-450 John H. O'Brien 3-3261
2-451 W. Jennings Livingston 2-3226
5-452 Fred G. Terry 5-7528
5-453 Bobby R. Mysinger 5-7958
4-454 Sun Country Builders 4-4463
5-455 Herb Spell 5-5437
1-456 Walter Kufeldt Hilltop S/D
3-457 Allstate Homes (Albert Sickle) 3-1860
1-458 Steven J. Nicholas 1-5805
3-459 Elwood L. Reno 3-1838 - 3-1839A
1-460 Allstate Homes (Roy Uhlman) 1-4418
Commr. Carson abstained from voting because he is a member of the Board of Directors of the Florida Telephone Corporation. Discussion highlighted the need for more stringent inspections to eliminate future washouts and culvert stopage problems.
PLATS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the Mockingbird Hill Subdivision Plat.
PLATS/ESCROW
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the Kings Cove Subdivision, 2nd Addition, Plat and accepted an Escrow Agreement, and check in the amount of $2,770.00, from Aragain, Inc., Developer of Kings Cove.
ROAD PROJECTS/ACCOUNTS ALLOWED
On a motion by Commr. Middleton, seconded by Commr. Deems and carried unanimously, approval was given for a partial payment in the amount of $37,097.10, to Superior Asphalt for Project #246, Oak and Grove Streets. Discussion pointed out that a drainage problem does exist on the Kichlighter property resulting from certain trees not being removed. Mr. Andrew stated he was unable to obtain permission from the property owner to remove the trees and subsequently the road was built around them, thus contributing to the present problem. It was Commr. Burhans' feeling the road should have been dug lower at that point to improve drainage.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved payment to Superior Asphalt in the amount of $13,561.09 ($15,067.88 less 10% holdback until a minor problem is corrected) for the Lien Assessment Hilltop Subdivision Project.
ACCOUNTS ALLOWED/ASSESSMENTS/ROAD PROJECTS
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved final payment to Leecon, Inc., for Helena Court, Lincoln Road and Barksdale Drive in the amount of $36,520.90, subject to the funds being in the appropriate account and not being taken from the General Fund.
ACCOUNTS ALLOWED/LICENSES AND PERMITS
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the expenditure of $30.00 to renew June K. Lewis' Notary Commission, Public Works Department.
POLICY/PUBLIC WORKS/RIGHT OF WAY ROADS
There was discussion regarding policies and guidelines pertaining to developments as well as existing platted subdivisions which predate existing regulations. Questions such as whether or not to issue driveway permits on unmaintained roads were discussed. It was suggested the County Attorney work with the County Engineer and arrive at an acceptable policy to present to the Board. Mr. Ford stated he was presently drafting an Ordinance regarding individuals working in the right-of-way.
ROADS/COUNTY, STATE
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the repair of Anna Road for Jim Lowe on a one-time basis as follows, subject to receipt of funds prior to the start of work and with the understanding the County is not responsible for future maintenance: 180 c/y clay at $3.00 = $540.00 and 8 hours grader time at $26.00 = $208.00, for a total of $748.00.
POLICY
Discussion was held regarding rental trailer park regulations. Mr. Ford was again instructed to work with Mr. Andrew in establishing regulations. It was the feeling of the Board that right-of-way requirements did not need to be as stringent, but construction specifications needed to be the same because the park would still have the heavy garbage truck and vehicular traffic uses.
ROADS/COUNTY
Discussion was held regarding the estimated cost of paving the western face of Sugarloaf Mountain Road, east of 561, and approximately 1/2 mile in length. Mr. Andrew stated he felt the 20 foot roadway would cost in the vicinity of $200,000.00. It was pointed out that this road currently ties up maintenance crews for rather lengthy periods of time. Mr. Andrew was requested to return with actual maintenance figures so the Board could effectively evaluate any expenditure.
COURTHOUSE
Mr. Robert Pierce, Public Defender, stepped into the Board Meeting at this time and thanked the Members for the recent renovations made to his offices.
ACCOUNTS ALLOWED/BOUNDARIES
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved an expenditure, not to exceed $14,000.00, for aerial photos of Lake County.
ROADS - COUNTY/RESOLUTIONS/SIGNS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board accepted Cypress Lane in Oak Village into the County Maintained System, and assigned it Road No. 3-0741. The above motion also included adoption of the necessary Resolution for the installation of one "Stop" sign on Cypress Lane.
ACCOUNTS ALLOWED/MACHINERY & EQUIPMENT
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board authorized one month's rental, if necessary, not to exceed $400.00 per month, of electronic measuring equipment for our survey crew. Our equipment may have to go to the shop for adjustment.
On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board authorized the formation of a CETA survey crew to do centerline prescriptive work on County Roads. The above motion also authorized expenditures to cover rental of a vehicle, as well as the needed electronic equipment. The electronic equipment rental estimate is at $600.00 per month.
RESOLUTIONS/SIGNS
Discussion was held regarding a request the County Engineer had received from Dora Pines Mobile Home Park for a double line on Wolf Branch Road. Mr. Andrew stated he felt "T" signs posted on both sides of the intersection would be better to denote the traffic hazard.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board denied the Park's request for pavement markings and authorized the installation of "T" signs on both sides of the intersection on Wolf Branch Road.
RIGHT OF WAY EASEMENTS
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board accepted Drainage Easements from Mildred Dew and Martin Dew, her husband; and Cherry Thompson, widow, on Jamestown Road.
ROADS-COUNTY/RESOLUTIONS/SIGNS
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board accepted the following roads into the County-Maintained System, adopting speed limits as shown and authorizing the installation of stop signs as shown below:
Pine Street #1-5437A 1 "Stop" Sign
Hunt Street #1-5437B No Signs
Moore Street #1-5437C 1 “Stop” Sign
Lincoln Road #1-5431 25 MPH 2 "Stop" Signs
Helena Court #1-5141 25 MPH 1 "Stop" Sign
Barksdale Drive #1-5142 15 MPH 1 "Stop" Sign
ROADS/COUNTY
Discussion was held regarding Mr. R.E. Maxwell's drainage problems on his land. It was the feeling of the Board that this problem has existed for seventeen (17) years and is not the result of any negligence on the part of the County. Mr. Ford stated an injunction suit should probably be filed against the growers who disc on the road.
ROADS - COUNTY, STATE/ACCOUNTS ALLOWED
Mr. Andrew reviewed the Resurfacing Program for the County and requested approval and permission to advertise for bids.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the Lake County Resurfacing Program (amending page #3 to reflect the deletion of Peru Road - #5-7961). The above motion gave approval for advertising for bids on the approved roads as follows:
MAINTENANCE DISTRICT # 1
2-4603 Whitney Road - From 44 to 2-5105 for a length of 6,300'/18' wide
Estimated at $34,875.00
1-6007 Cooke Dr. - From 27 to End for a length of 1,600/18' wide
Estimated at $ 6,000.00
1-6008 Register Rd. - From 27 to 27 for a length of 5,500'/18' wide
Estimated at $20,640.00
1-7307 Lakeview Dr. - From 1-7212 to 1-7407 for a length of 2,650'/18' wide
Estimated at $ 9,930.00
1-7807 Griffin Ave. - From 1-7310 to 1/2 mile W for a length of 2,800'/18'wide
Estimated at $10,500.00
1-5913A Magnolia Ridge Rd. - From 1-5913 to 1-5913 for a length of 4,500'/18' wide
Estimated at $14,850.00
1-5335 Treadway School Rd. - From 473 to 1-5433 for a length of 4,000'/20' wide
Estimated at $16,680.00
2-3130 Yalaha Rd. - From 48 to End for a length of 3,700'/18' wide
Estimated at $12,210.00
1-7310 Grays Airport Rd. - From 27 to 1-6611 for a length of 7,700'/18' wide
Estimated at $28,890.00
1-5306 Urich Rd. - From 254 to West End for a length of 7,200'/18'
Estimated at $28,890.00
1-7803 First St. - From 27 to 1-7807 for a length of 1,200'/18' wide
Estimated at $ 4,500.00
1-6602 Lake Ella Road - From 27 to 1-6903 for a length of 10,200'/18' wide
Estimated at $38,250.00
1-6304 Spring Lake Rd. - From 27 to Trinity Trail for a length of 3,300'/18' wide
Estimated at $14,850.00
Co-op Cut-off - From SR 19 to Lane Pk. Rd. 3-3637 for a length of 600'/16' wide
Estimated at $ 2,010.00
DISTRICT # 1 TOTAL.......$243,075.00
MAINTENANCE DISTRICT # 2
3-2336 Libby Road - From 3-2233 to End for a length of 1,400'/19' wide
Estimated at $15,000.00
2-1716 Bible Camp Road - From C-565 to SR-19 for a length of 5,200'/ 19' wide
Estimated at $20,580.00
2-1805 Douglas Road - From SR-50 to 2-2005 for a length of 7,800'/20' wide
Estimated at $29,250.00
2-1629 Max Hooks Road - From C-565A to End of Pavement for a length of 6,000'/16' wide
Estimated at $20,010.00
3-4140 Dead River Road - From Cove Rd. 3-4138 to End for a length of 2,600'/18' wide
Estimated at $ 8,580.00
DISTRICT # 2 TOTAL........$93,420.00
MAINTENANCE DISTRICT # 3
4-4183 Round Lake Road - From 4-4581 to SR 46 for a length of 5,300'/18' wide
Estimated at $31,800.00
4-4581 Wolf Branch Road - From 441 to Donnelly St. for a length of 5,200'/ 20' widen and resurface
Estimated at $51,200.00
4-4560 Close Court - From SR 19A to End for a length of 700'/18' wide
Estimated at $ 2,640.00
Silver Beach Shores (All Roads) for a length of 7,900'/18' wide
Estimated at $29,625.00
Astor Park Cut-Off - For a length of 500'/18' wide
Estimated at $1,890.00
DISTRICT # 3 TOTAL.......$117,155.00
SUMMARY - District # 1.......$243,075.00
District # 2 .........93,420.00
District # 3 ...... 117,155.00
TOTAL COUNTY.......$453,650.00
ROADS - COUNTY, STATE/ACCOUNTS ALLOWED/BIDS
On a motion by Commr. Middleton, seconded by Commr. Carson and carried, the Board approved the advertising for bids regarding the Resurfacing and Widening Project, C-561A from C-565A to C-561. It was pointed out this project would be funded with 5th and 6th cent funds.
Commr. Burhans was out for the vote.
DEEDS
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board approved the release of road reservations from the Department of Transportation as contained in the following Deed Numbers:
#1963, all but 33 feet from the centerline of Leonard Way
#1548, all but 33 feet from the centerline of Arlington Avenue, Shenandoah Avenue and Shiloh Avenue
#2521, all but 33 feet from the centerline of Pennsylvania Street and Jean Avenue and all but 40 feet from the centerline of SR-42
Commr. Burhans was out for the vote.
ROADS - COUNTY/ACCOUNTS ALLOWED
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved the request of the Mt. Plymouth Fire Department for road paving. Mr. Andrew stated he felt an estimate on the job would be $30,000.00 and the funds would come from ad valorem monies.
COMMUNICATIONS
Discussion was held regarding a request Mr. Andrew had received from a property owner in Wisconsin-Michigan Shores off of SR19 (Mr. Otto Sailor) to pipe an existing drainage ditch. Mr. Andrew stated the property owner was willing to pay for the pipe, with the County absorbing the remaining cost. Mr. Andrew felt this request was for aesthetic reasons only and involved estimated costs as follows: $l,000.00 for pipe and $3,000.00 remainder. It was the feeling of the Board that, so long as the present ditch is not creating problems, the Board could not approve any expenditure.
ROADS-COUNTY/ACCOUNTS ALLOWED/PETITIONS
Mr. Andrew stated he had received a Petition from approximately 200 Astatula residents requesting the Board's consideration regarding the paving and improving of Georgia Avenue. Discussion pointed out this road is presently maintained by the County, but is one of the roads scheduled to be turned back to the City in July of the early 1980's. Mr. Andrew stated he had received one quotation of $44,000.00 - $45,000.00 from Blondy's in Titusville. It was requested Mr. Andrew obtain additional quotations and proceed with the work with the understanding the City would assume maintenance once the work is completed.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved an expenditure, not to exceed $45,000.00, for the paving and improving of Astatula's Georgia Avenue, subject to the Town assuming maintenance responsibility upon completion of the improvements.
LICENSES & PERMITS
Mr. Andrew informed the Board that our Application for a Clay Permit Use on Forest Road 88 had been denied.
CLERK OF THE CIRCUIT COURTS/MACHINERY & EQUIPMENT/CONTRACTS
Mr. Watkins brought the Board up to date on the installation of the County's computer system. He explained we originally contracted with Florida Computer in Miami for 1) equipment, 2) software, and 3) training. Mr. Watkins stated we had experienced problems in the software area in that the company was unable to fulfill their contractual agreements. He stated we were very fortunate in having been able to work out an arrangement with Collier County to satisfy our needs.
It was explained that the Attorney's office would be reducing and amending Florida Computer's original contract and we would be entering into a mutually beneficial intra-governmental agreement with Collier County. Mr. Watkins stated he did need Board approval to purchase tape drive capabilities estimated at $7,600.00, as well as enter into an intra-governmental Agreement.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved for Mr. Knuckles, Purchasing, and Mr. Rogers, Systems Analyst, to shop the needed equipment and to purchase, not exceeding $8,000.00.
RESOLUTION/BONDS/ASSESSMENTS
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, authorization was given the Chairman to sign a Resolution issuing Special Assessment Improvement Bonds, designated "Lake County Special Assessment Improvement Bonds, Series B," in the following amounts:
NUMBER MATURITY DATE PRINCIPAL INTEREST
1 February 20, 1982 $5,000.00 $ 900.00
2 February 20, 1983 $5,000.00 $1,200.00
3 February 20, 1984 $5,000.00 $1,500.00
4 February 20, 1985 $5,000.00 $1,800.00
5 February 20, 1986 $5,000.00 $2,100.00
6 February 20, 1987 $5,000.00 $2,400.00
7 February 20, 1988 $5,000.00 $2,700.00
8 February 20, 1989 $3,000.00 $1,800.00
At this time the appropriate signatures and signature stamps were authorized to execute these Bonds for Barksdale Drive, Helena Court and Lincoln Road in Western Shores.
SUITS AFFECTING THE COUNTY/ACCOUNTS ALLOWED/LANDFILL
Pursuant to action taken in prior meetings this year, Mr. Ford presented a Resolution authorizing the institution of imminent domain proceedings under Chapters 73 and 74 of the Florida Statutes, against the Winter Park Land Company, Inc., corporation holding the land the County needs to extend the landfill in Astatula.
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board authorized the Chairman's signature on the above Resolution authorizing condemnation proceedings.
Under discussion it was pointed out that the Winter Park Land Company, Inc., had agreed to the County’s offer of $265,000.00 for the total parcel, well, pump, and motor included. Mr. Ford stated the State was unwilling to give landfill site approval on our proposed purchase until we actually owned the land, but we had a very strong indication from them the site was suitable for landfill expansion. Mr. Ford further pointed out he felt the $265,000.00 figure was net dollars to them. Mr. Ford was instructed to obtain title insurance.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried, the Board authorized a survey of the preceding site by our County Engineering Department.
Commr. Carson was out for the vote.
APPOINTMENTS/PLANNING DEPARTMENT
Discussion was held regarding the State Association of County Planning and Zoning Directors' (SACPZD) request for nomination of the County Planning Director to serve as a Director or Alternate from May 1979 to May 1980.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board authorized the Clerk to write to SACPZD nominating Mr. Willett as Director. It was pointed out Mr. Willett's nomination would be included on the ballot which will be presented to the membership in attendance at the State Association of County Planning and Zoning Directors’ educational conference in May.
ROADS-COUNTY/RESOLUTION
At this time Mr. Ford presented the Resolution adopted January 16, 1979, regarding the needed traffic study at the intersection of U.S. 27 and the entrance to Hawthorne Mobile Home Park in Leesburg.
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board authorized the processing of said Resolution.
GREEN SWAMP/ACCOUNTS ALLOWED/TRAVEL
Mr. Ford stated he would like Mr. Ted Wicks, Acting Director of Pollution Control, to attend the Green Swamp meeting in Tallahassee on February 21,1979. The Board stated they had no objection to that request and it would be covered under the blanket travel approved earlier in the day for the Green Swamp meetings. Mr. Ford stated an airplane ticket had been tentatively reserved in Mr. Wicks’ name, pending Board approval. There was a brief discussion on cost benefits regarding commercial flights versus charter flights. It was Mr. Ford's feeling charter flights were less expensive in that they could not only reduce the actual fare costs involved if a large number of officials were traveling, but also reduce the travel expense involved by reducing time charged by an attorney.
CONTRACTS & AGREEMENTS/RESOLUTIONS/FAIRGROUNDS
Mr. Ford presented a Resolution regarding the establishment of a Lake County Fairgrounds Advisory Board, Attachment 564B, as well as an Agreement for the management of the Lake County Fairground and Exposition Facilities, Attachment 564-C.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board adopted the above Resolution and Agreement.
ACCOUNTS ALLOWED/MACHINERY & EQUIPMENT/ELECTIONS
Commr. Windram stated he had been informed by Mrs. Stegall, Supervisor of Elections, that the prices she had been quoted on the voting machines recently authorized for purchase were incorrect. Commr. Windram stated there would be an additional savings of $25.00 per machine on the 12 purchased, bringing the total expenditure (including the $300.00 Ballot Punch) to $7,200.00.
SUITS AFFECTING THE COUNTY/OUTDOOR RECREATIONAL FACILITIES
Mr. Ford briefed the Board on the suit the county has been drawn into involving a park in Sylvan Shores. Lengthy discussion occurred in which the Board pointed out, basically, they felt it had the overtones of a private suit; yet, if indeed the park was a public park, they did have an obligation to have it remain so.
It was agreed that the parcel is definitely a park, and while the Board is uncertain whether it is public or private, they do feel if it is not a County park then it is a private park. It was pointed out should the Board take no stand at all and have a Judge award the park to a private individual, the Board might be accused of malfeasance. Discussion continued.
The Board agreed, upon the recommendation of the County Attorney, to take the stand that it appears that the park is either a public park or a private park owned by the Association.
APPOINTMENTS
Commr. Carson stated he had a recommendation for the Board regarding appointees, to be submitted for appointment by the Governor, for the County Energy Emergency Panel.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved Commr. Carson's recommendations, subject to the people's willingness to serve, as follows:
Mr. Jack Nelson, Representing Industry
Mr. Claude Smoak, Representing Agriculture
Mr. Bill Hanks, Representing Social Services
Dr. Tom Langley, Representing Emergency Services
Mr. E.L. Williams, Representing Fuel Distributors
Mr. Bill Bond, Representing Media
Mr. Joe Salyer, Representing Utilities
Mr. Virgil Hawkins, Representing Community Action Groups
(See Minute Book 28, Page 566, for nomination of different Media representation.)
ANIMAL SHELTER/ACCOUNTS ALLOWED/AUTOS & TRUCKS/INSURANCE
Commr. Carson informed the Board the Animal Control truck had been involved in an accident with a 1979 Lincoln. No one was seriously injured but the Animal Control truck was not operable.
Presently, the Shelter is using a truck from the Mosquito Control Department.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board authorized for Mr. Knuckles to see what type of pick-up truck he can get with air, and check with Commr. Deems or Carson before purchase. It was also requested we find out if the insurance company had declared the wrecked truck totaled or not.
POLLUTION CONTROL/ACCOUNTS ALLOWED/TRAVEL
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved for David Rosenau to attend a training course, Source Sampling For Particulate Pollutants, sponsored by the Environmental Protection Agency, at Research Triangle Park in North Carolina, via private automobile, from March 3 - March 10, 1979, not to exceed an expenditure of $300.00.
NURSING HOME/ACCOUNTS ALLOWED
Commr. Burhans stated he had received a report from Mrs. Carol McGauvran, Nursing Home Administrator, regarding the lack of proper kitchen utensils, as well as the need to have the steam table presently located in the kitchen moved into the dining area for serving purposes.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, authorization was given for a $1,000.00 transfer from Contingency to cover the expense for needed kitchen supplies as determined by Mrs. McGauvran and Mr. Knuckles, Purchasing Director.
There being no additional items for discussion, adjournment was at 5:50 P.M.
Thomas J. Windram, Chairman
James C. Watkins, Clerk