A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JULY 10, 1979

            The Lake County Board of County Commissioners convened in Regular Session on Tuesday, July 10, 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; Pat Goetzen, Deputy Clerk; and Mary Grover.

            The Invocation was given by Mr. Watkins and the Pledge of Allegiance was led by Commr. Deems.

            MINUTES

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Special Meeting Minutes of June 28, 1979, were approved as submitted.

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Minutes of July 3, 1979, were approved as amended.

            COMMUNICATIONS/CONTRACTS & AGREEMENTS

            Sergeant N. H. Duttenhaver and Corporal Crouse, Florida Highway Patrol, appeared before the Board to request the Board to lease-purchase five (5) radar units for use in traffic enforcement.

            After lengthy discussion, it was the feeling of the Board that Mr. Ford, County Attorney, review the lease agreement and bring it back before the Board at a later date.

            CONTRACTS & AGREEMENTS/ACCOUNTS ALLOWED

            Mr. John Dickerson, architect, appeared before the Board stating he had found additional problems regarding the Jail and the Old Courthouse renovation. He stated approximately 160 linear feet of the bottom brick on the Jail needs to be removed. He stated the additional cost would be $21,200.00. Mr. Dickerson further stated all the loose masonry screen blocks on the Old Courthouse need to be reinstalled, at an additional cost of $315.00. The third problem that needs repair is four cracked concrete tie beams on the masonry screen on the Old Courthouse, at a cost of $320.00.

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board authorized the additional expenditures, in the amount of $21,835.00, and the extension of the Contract, for a total amount of $71,270.00, for the Jail Weatherproofing Renovation.

            CETA

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the following new CETA positions, which will be CETA funded:

            City of Fruitland Park

Three (3) Clerk/Dispatchers - $255.19 Biweekly - $45.16 fringes - Total $300.35 x 3 = $901.05 x 6.5 pay periods = $5,856.83.


            HRS

One (1) Social Worker Assistant - $247.20 Biweekly - $44.57 fringes + $25.00 Bi-weekly travel - $316.77 x 6.5 pay periods =$2,059.01.


            Easter Seals

One (1) Clerk/Typist - $255.19 Bi-weekly + $27.27 fringes = $282.46 x 6.5 pay periods = $1,835.99.


            Easter Seals

Two (2) Assistant Camp Rangers - $255.19 Bi-weekly + $45.16 fringes = $300.35 x 6.5 pay periods = $1,952.28.


            Easter Seals

            One (1) Mail Aide - $232.00 Bi-weekly + $27.19 fringes =$259.19 x 6.5 = $1,684.74.


            Easter Seals

One (1) Communications Aide - $255.19 Bi-weekly + $27.27 fringes = $282.46 x 6.5 pay periods = $1,835.99.


            Purchasing Department (BCC)

One (1) Clerical Aide - $232.00 Bi-weekly + $27.19 fringes = $259.19 x 6.5 pay periods = $1,684.74.

            ACCOUNTS ALLOWED/CETA

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved for Mr. Porter, Director of Personnel, to work with the Purchasing Department to negotiate a contract for the lease of a copying machine to be used in the new CETA Office.

            ROADS - SUBDIVISION

            Dr. A. C. Janney, President of the Shady Grove Youth Camp, appeared before the Board regarding the issuance of building permits for parcels sold by himself and Mr. Rudy Lightsey. The problem prohibiting the issuance of permits being a substandard road fronting the property.

            After considerable discussion, the Board advised Dr. Janney that he might consider buying back the parcels for which building permits could not be issued or the possibility of long-term financing for the paving of the road.

            The Board referred Dr. Janney to Mr. Michael Willett, Development & Public Works Director, and to Mr. Christopher C. Ford, County Attorney, for the consideration of the above alternatives.

            PLANNING DEPARTMENT

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, signature authorization was given for the Chairman to sign the letter indicating review of the Comprehensive Plan for the Town of Astatula.

            BONDS - MOBILE HOME

            On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board approved the request of James T. Stultz, Astatula Area, District #3, 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 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. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request of Willard Harris, with the proper petition being submitted, Mt. Plymouth Area, District #4, to live in a travel trailer 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 the mobile home will be removed immediately upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners.

            ACCOUNTS ALLOWED/PLANNING DEPARTMENT

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved to pay Mr. J. Fred Kurras, MAI, in the amount of $400.00, for appraisal fee on Goose Prairie property belonging to Buster Williams.

            POLLUTION CONTROL/SEWER TREATMENT PLANTS

            On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board accepted the existing utility site, in Astatula Estates, for Phase I and instructed Mr. Ted Wicks, Acting Director of Pollution Control, to pursue additional area to meet the 100 foot setback.

            POLLUTION CONTROL DEPARTMENT

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the Dredge and Fill Application as submitted by Mr. and Mrs. Oliver Gramling.

            POLLUTION CONTROL DEPARTMENT/ACCOUNTS ALLOWED

            On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board approved the purchase of the following equipment, for the Pollution Control Department, at a cost of $170.00, as a part of the air quality monitoring program:

            1 Model GMW-35 Adapter $50.00

            1 Model GMW-25 Calibration Kit $120.00

            COMMUNICATIONS

            Commr. Middleton read a letter from Mr. J. E. Stephens, Jr., President of the Exchange National Bank of Lake County, regarding establishing an annex in the southern part of Lake County.

            The Board instructed the Clerk to reply to Mr. Stephens’ letter.

            ROADS - COUNTY, STATE

            On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved that the necessary transfers for Project #244, Pine & Washington Streets, located east of Mount Dora, between US Highway 441 and Wolf Branch Road, be taken out of the Revenue Sharing Funds.

            GAME & FRESH WATER FISH COMMISSION

            Commr. Windram informed the Board he had received a report from Mr. Ed. Zagar, Lab Administrator, Game & Fresh Water Fish Commission, regarding the completed rough fish control project.

            COMMUNICATION/MEETINGS

            Commr. Windram informed the Board the Epilepsy Association and Rollins College are co-sponsoring the next seminar, to be held on Wednesday, July 25, 1979, in the Bush Science Center Auditorium at Rollins.

            ZONING

            Commr. Windram read a memorandum from Mr. Mike Willett, Development & Public Works Director, stating Lake Correctional Institution has submitted a revised site plan along with their application for a CUP (Conditional Use Permit).

            COMMUNICATIONS/COUNTY PROPERTY

            Commr. Windram read a letter from the Pasco Volunteer Fire Department regarding East Lake Joanna.

            COMMUNICATIONS

            Commr. Windram informed the Board he had received a copy of a letter from Mr. Urassa, Program Administrator, Office of Manpower Planning, inviting the Board to the Balance of State Prime Sponsor Advisory Council and the State Prime Sponsor Youth Advisory Council, July 11-13, 1979, in Orlando, Florida.

            JUDGES

            Commr. Windram informed the Board he received a Notice of Administrative Order from Judge Swigert, Chief Judge, in which he made several designations to assist him in the administrative supervision of the circuit courts of this circuit. Judge Aulls was appointed as Administrative Judge of the Circuit Court of Lake County.

            COMMUNICATIONS

            Commr. Windram informed the Board he had received a letter from Mr. Roy Christopher, attorney representing Mrs. Doris Wilford, regarding the erosion on Mrs. Wilford's property west of the Old Eustis Road reservoir.

            COMMUNICATIONS

            Commr. Windram informed the Board he had received several letters from area builders requesting the Board's consideration of placing the responsibility of Septic System Percolation Tests and recommendation for design, and installation of same, in the hands of the Certified Septic Tank Contractors and Plumbing Contractors who would have a financial responsibility that such a system would function properly.

            REPORTS

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the Inspection Report of the Lake County Jail Detention Facilities.

            CHECKS RECEIVED/ACCOUNTS ALLOWED

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board accepted a check in the amount of $5.85 for copies of candidate's contributions report.

            REPORTS

            On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the Traffic-Criminal Department Distribution of Revenue Report for June 29, 1979.

            SUITS AFFECTING THE COUNTY

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, signature authorization was given for the Chairman to sign a Satisfaction and Release of Judgment against James L. and Francis E. Smith.

            REPORTS

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board acknowledged receipt of the Notice of Violation Report from the State Fire Marshall, regarding the Department of Corrections.

            RESOLUTIONS /PUBLIC WORKS DEPARTMENT

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, signature authorization was given for the Chairman to sign the Resolution regarding the railroad crossing at CR 448-A (Lake Jem), in which the County assumes half of the annual maintenance costs, supplying and installing the advanced warning signs, and placing pavement markings (if applicable) on the roadway.

            COUNTY DEPOSITORIES/LAWS & LEGISLATION

            Mr. Watkins, Clerk, briefed the Board on the progress of transferring the county depository reports and the banks collateral reports, which were handled by the Comptroller's Office, to the Clerk's Office.

            RECESS & REASSEMBLY

            At 12:00 P.M. the Board recessed for lunch at the Park Grill Restaurant with the public and press being invited on a Dutch treat basis. The Board reconvened at 2:00 P.M. to hear scheduled rezoning cases.

            PUBLIC HEARING #34-79-4 - A to RR - Rolf Bergmann

            Mr. Jeff Ray, attorney representing Dr. Louis Townsend, was present to discuss Mr. Bergmann's request for his property to be rezoned to RR. Mr. Ray urged the Board to deny the request and stated he felt the Board had erred in the decision made in the Mary Bily rezoning case.

            Mrs. Gosnell, an adjoining property owner, appeared before the Board to state her objections to the rezoning. She stated with more houses in the area the sewage will eventually seep into the lake and the water supply will be less for the surrounding homes which are already there.

            Mr. Rolf Bergmann, the applicant, appeared before the Board to comment on Mr. Ray's and Mrs. Gosnell's statements.

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board overturned the Planning Commission's recommendation and denied the rezoning to RR.

            PUBLIC HEARING #47-79-4 - A to CP or C-1 - Judith Bracco

            Mrs. Larry Burnett was present to object to the Planning Commission's recommendation of rezoning to CP.

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board upheld the Planning Commission's recommendation and approved the rezoning to CP.

            PUBLIC HEARING #58-79-5 - C-2 to CP - Bryon Dean

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

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the Planning Commission's recommendation and approved the rezoning to CP.

            PUBLIC HEARING #43-79-3 - Amend CP - Billy Brewer

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

            On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the rezoning to Amend CP for a take-out Bar-B-Q stand.

            PUBLIC HEARING #55-79-3 - R-1-7 to CP or C-1 - Joel Greenstein

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

            On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the rezoning to CP.

            PUBLIC HEARING #67-79-3 - RR to R-1-15 - Howard Bailey

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

            On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning to R-1-15.

            PUBLIC HEARING #65-79-3 - A to RR - Jasiel Ball

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

            On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the rezoning to RR.

            PUBLIC HEARING CUP #664-2 - CUP in A - Lake Shephard Groves

            Mr. Charles Sunderman was present to oppose the CUP for a water ski school.

            On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board postponed this hearing to August 14, 1979, at 2:00 P.M. or as soon thereafter as possible.

            PUBLIC HEARING CUP #612A-2 - Amend CUP #612-2 - Frank Huerta

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

            On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board postponed this hearing to August 14, 1979, at 2:00 P.M. or as soon thereafter as possible.

            PUBLIC HEARING CUP #663-2 - CUP in RP - James Smith

            Mr. Jim Blackman was present to object to the Planning Commission's recommendation for denial. Mr. Virgil Hawkins, representing property owners, addressed the Board urging them to uphold the recommendation of the Planning Commission.

            On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the Planning Commission's recommendation and denied the rezoning.

            PUBLIC HEARING #61-79-1 - C-2 to LM - David Nash

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

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board postponed this hearing to August 14, 1979, at 2:00 P.M. or as soon thereafter as possible.

            PUBLIC HEARING #63-79-1 - RR to R-1-15 - Richard Bair

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

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the Planning Commission's recommendation and approved the rezoning to R-1-15.

            PUBLIC HEARING #68-79-1 - RP to RR - Staff

            Mr. Dan Robuck, attorney representing property owners, appeared before the Board in favor of the recommendation of the Planning Commission. Mr. Andy Rose and Ms. Sharon Gentry also appeared before the Board in favor of the rezoning.

            On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the rezoning to RR.

PUBLIC HEARING #64-79-l - R-1-7 to R-1-5 or RM - Kenneth Stone

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

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board upheld the Planning Commission's recommendation and denied the rezoning.

            PUBLIC HEARING #62-79-5 - R-1-7 to A - John Gardner

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

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the rezoning to A.

            PUBLIC HEARING #66-79-5 - A to R-1-5 or RR - Homer Reese

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

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the Planning Commission's recommendation and denied the rezoning.

            PUBLIC HEARING CUP #394A-4 - Amend CUP #394-4-Grace Freewill Baptist Church

            Mr. Kenneth Wright, Pastor of Grace Freewill Baptist Church, appeared before the Board to object to the denial.

            Mr. Arthur Leonard, Mr. Lacey Henry, and Mr. Harold Butner were present to comment in favor of the denial.

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied rezoning to amend CUP #394-4 in RM.

            PUBLIC HEARING CUP #665-1 - CUP in C-2 - A. G. Ten Eyck

            Mr. Steven Richey, attorney representing Mr. Ten Eyck, was present to object to the postponement.

            On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board denied the postponement.

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the rezoning to CUP in C-2 for a mobile home as a caretaker's residence.

            REZONING

            Discussion was held concerning the action taken by the Board on April 10, 1979, to rezone property owned by Mrs. Mary Bily from A to RR.

            On a motion by Commr. Deems, seconded by Commr. Middleton and carried, the Board instructed the Planning Department to contact Mrs. Bily concerning the possibility of rezoning her property back to A.

            Commr. Burhans voted "No."

            There being no additional business to be brought to the attention of the Board, adjournment was at 3:55 P.M.

Thomas J. Windram, Chairman

James C. Watkins, Clerk