A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
OCTOBER 9, 1979
The Lake County Board of County Commissioners convened in Regular Session on Tuesday, October 9, 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 Pat Shirah.
The Invocation was given by Mr. Watkins and the Pledge of Allegiance was led by Commr. Middleton.
COMMUNICATIONS/EMERGENCY SERVICES
Commr. Carson informed the Board of the progress being made on the new phone lines for Civil Defense, and will report back to the Board next week with cost figures.
RESOLUTIONS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved a Proclamation declaring November 9, 1979, as Farm-City Day for Lake County.
COMMUNICATIONS
Commr. Burhans brought before the Board a request from the Southeast Umatilla Fire Department, to use the County's tax number to purchase a new fire truck.
Mr. Ford is to research and report back to the Board at the next meeting.
ACCOUNTS ALLOWED/CETA
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved travel that was taken on September 25, 26 and 27, 1979, by Van Porter, Personnel Director, Teresa King and Joy Holland to Tallahassee for the purpose of rewriting CETA contracts, at a total cost of $300.00.
COMMUNICATIONS/REPORTS
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board acknowledged receipt of the Monthly Status Report from Youth Programs, Inc., for the month of September 1979.
COMMUNICATIONS/TAX COLLECTOR/REPORTS
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board acknowledged receipt of the Annual Report from T. Keith Hall on Revenues and Expenditures.
CHECKS RECEIVED
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board accepted check #6402, from T. Keith Hall, Tax Collector, in the amount of $25,201.75 for excess income.
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board accepted check #6400, from T. Keith Hall, Tax Collector, to the Northeast Lake County Hospital (Ambulance), in the amount of $133.04, for excess income.
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board accepted check #6403, from T. Keith Hall, Tax Collector, to the Northwest Lake County Hospital (Ambulance), in the amount of $204.62, for excess income.
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board accepted check #6399, from T. Keith Hall, Tax Collector, to the Northeast Lake County (Regular), in the amount of $532.02, for excess income.
On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board authorized the checks be endorsed over to the authorized taxing entities.
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board accepted check #3459 from James C. Watkins, Clerk, in the amount of $41,703.50, and check #3460 from James C. Watkins, Clerk, in the amount of $62,327.86 for excess income.
REPORTS/NURSING HOME
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board authorized the Chairman to sign the Utilization Review Report from the Lake County Nursing Home.
BONDS-CONTRACTOR
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board approved the following Contractor Bonds:
148-80 Jack N. Blakemore d/b/a Jack's Electrical Service
1796-79 Richard Olin (Concrete)
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board approved the following Contractor Bond Cancellations:
1155-79 Ralph Austin d/b/a Lake County Exterior Cleaning & Painting
1514-77 Kenneth G. Horton d/b/a The Horton Organization (General)
1562-77 Robert French
REPORTS
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of the Internal Audit Report for Lake/Sumter Community Mental Health Center for 1978-1979.
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board acknowledged receipt of the report pertaining to Juvenile Jail Sentences for the month of September, 1979.
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board acknowledged receipt of the September 28, 1979, Traffic-Criminal Department of Distribution of Revenue Report.
CHECKS RECEIVED
On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board accepted check #2632, in the amount of $21.17, from T. Keith Hall, Tax Collector, for unclaimed redemption moneys.
INVENTORY-SURPLUS
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board approved the following items to be deleted from the Fixed Assets Lists:
PROPERTY# ITEM REASON
1881 Carrier Heat Pump Junked
2226 Electric Motor Junked
2306 Swivel Chair Junked
2937 Cosco Arm Chair Junked
3703 Swivel Chair Junked
3923 Art Metal Table Transferred
4863 Adding Machine Junked
4894 Hand Calculator Junked
4980 Small Wood Desk Junked
5006 Cosco End Table Junked
5683 Plywood Table Junked
5749 File Cabinet Junked
ASSESSMENTS
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board authorized the Chairman to sign the Satisfaction of Assessment Lien for Frederick M. and Janice L. Pedersen, in the amount of $361.69.
COMMUNICATIONS
Commr. Windram read a letter from Maher, Overchuck and Langa, Law Offices, concerning a claim Mr. Jay Dee Marshall has filed against Lake County.
This letter was referred to Chris Ford, County Attorney, for review.
POLLUTION CONTROL
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board denied Mr. Joseph F. Pasak's request to construct a seawall to be placed 14 feet into Lake Eustis, but granted him permission to construct one that would be in line with the others built in that area.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the variance for Shandy Oaks Park, waiving the 100 foot set back requirement and allowing a 50 foot set back to accommodate the sanitary system.
A letter signed by B. W. and Ann Hall attesting their approval of a 50 foot set back was presented and made a part of the record.
Commr. Deems voted "No."
BONDS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board authorized a bond to be issued for Canal Drive.
GRANTS
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the transfer of funds from the Road Improvement Fund in the amount of $8,100.00 to the Housing Rehabilitation Fund and $10,450.00 from the Facility Site Requisition Fund to the Housing Rehabilitation Fund for Dona Vista.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the contract between the Stewarts and the Lake County Board of County Commissioners to receive $1,515.00 for materials needed from the Housing Rehabilitation Fund.
RESOLUTIONS
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board authorized the Chairman to sign a Resolution endorsing the Fair Housing Law.
PLANNING DEPARTMENT
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved the request of Kermit Clay for a waiver of Subdivision Regulations-Section 62.
BONDS-MOBILE HOME
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board approved the request of Harry Joslyn - Lady Lake Area - District #1, to live in a motor 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 motor home will be removed immediately upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners.
CONTRACTS & AGREEMENTS
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the Hold Harmless Agreement to check drainage pipes between the Board of County Commissioners (County) and Richard H. and Verona G, Pattee (Land Owners).
PUBLIC WORKS
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board authorized Public Works to remove all over growth of limbs on Holiday Drive as requested by the Lake County School Board.
RESOLUTIONS
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board reconsidered the Resolution endorsing the Fair Housing Law.
Discussion was held regarding the necessity of this Resolution.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board authorized the Chairman to sign the Resolution.
COMMUNICATIONS
Chris Ford, County Attorney, read a letter from Fisher, Johnson, Allen & Burke concerning race track bonding.
CONTRACTS & AGREEMENTS/NURSING HOME
Commr. Burhans asked Chris Ford, County Attorney, to research the contract between the Lake County Nursing Home and Dr. Nuzzo, and report back to the Board so the contract can be clarified for Dr. Nuzzo.
RECESS AND REASSEMBLY
At 10:40 A.M. the Board recessed for five (5) minutes.
At 10:45 A.M. the Board postponed reassembly for five (5) additional minutes until the County Attorney returns.
The Board reconvened at 10:50 A.M.
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board postponed Public Hearing on the Victor Perez Property Exchange until 4:35 today.
Commr. Burhans abstained from vote.
PURCHASING/ACCOUNTS ALLOWED
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board approved the renewal of the service contract with Otis Elevator Company for one year for the Old Courthouse and the Jail.
The motion also included a five (5) year service contract with Miami Elevator Company for the New Courthouse.
PURCHASING/ACCOUNTS ALLOWED
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board approved the maintenance on typewriters for the County to be awarded to IBM Corporation due to the service and complaints that were made regarding the previous company.
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board approved the following purchases not to exceed a total of $2,360.06.
For Veterans Service :
1 each 30x60" metal desk with center drawer, woodgrain top,#32474.
1 each 24x45" metal desk, single pedestal, woodgrain top, Hon
1 each typing stand, 18x14-l/2"
For Planning Department:
1 each metal secretarial desk with right hand return with center drawer, woodgrain top
1 each secretarial posture chair, Non W60
2 each IBM Correcting Selectric typewriter, Model 895
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved the purchase of a used Burrough's Check Writing Machine for the Finance Department, not to exceed the amount of $3,995.00, with a one (1) year service warranty, and a six (6) year warranty on parts.
PURCHASING
On a motion by Commr. Deems, seconded by Commr. Middleton and carried, the Board authorized the Purchasing Department to store two used motor graders at Mosquito Control until public auctions in the spring.
Commr. Burhans voted "No."
ACCOUNTS ALLOWED
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board authorized a final payment in the amount of $2,041.00 to Mr. Tanner, for impoundment expenses incurred from February 11, 1979, through July 17, 1979.
Commr. Windram read the letter sent by the Board on April 11, 1979, to Mr. Tanner instructing Mr. Tanner to notify Ms. Thorp, Animal Control, within three (3) days after the pick up of any large animals, otherwise the Board will not assume liability for any boarding costs incurred.
SHERIFF'S DEPARTMENT
Lamar Calhoun appeared before the Board requesting certain repairs be made to the Lake County Jail Facility.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board instructed Mr. Watkins, Clerk, to contact John Dickerson, architect, to look into the matter and propose a plan for necessary repairs to be presented to the Board.
RECESS AND REASSEMBLY
At 11:45 the Board recessed for lunch at the Silver Lake Country Club with press and public invited to attend on a Dutch treat basis.
The Board reconvened at 2:00 P. M. for Rezoning.
REZONING
PUBLIC HEARING #92-79-3 - R-1-7 to CP - Hoyt Franklin
Dan Robuck, Attorney, was present to discuss this case with the Board.
On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board upheld the Planning Commission's recommendation and approved rezoning from R-1-7 to CP, subject to City of Montverde easement being shown on site plan.
PUBLIC HEARING #93-79-1 - RMRP to RR - William Dixon
C. Michael Duncan, Attorney, was present representing Mr. Dixon on this case, and Dewey Burnsed, Attorney, was representing Mr. Moore who opposed this rezoning. Allan Hamlin, court reporter, was also present.
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board upheld the Planning Commission's recommendation and approved rezoning from RMRP to RR.
PUBLIC HEARING CUP # 673-1 - William Dixon
C . Michael Duncan, Attorney, was present representing Mr. Dixon on this case, and Dewey Burnsed, Attorney, was representing Mr. Moore who opposed this CUP; questions concerning use of saws, storage, etc.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the Planning Commission's recommendation and denied the CUP.
MOTION TO RECONSIDER HEARING CASE #93-79-1
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board granted the request by Mr. Dixon to reconsider Case #93-79-1.
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board overturned the Planning Commission's recommendation and denied rezoning from RMRP to RR.
PUBLIC HEARING #76-79-1 - RR to R-1-15 - Laurence Sellers
No one present wished to discuss this case 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 postponed this case until November 13, 1979, at 2:00 P.M. or as soon thereafter as possible.
PUBLIC HEARING CUP #677-3 - Eric Carter
Larry Taylor, Attorney, was present representing the residents in favor of the Planning Commission's recommendation.
On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board upheld the Planning Commission's recommendation and denied the CUP.
PUBLIC HEARING #107-79-3 - A to R-1-15 - John Blanchard
No one present wished to discuss this case with the Board.
On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board upheld the Planning Commission's recommendation and approved the rezoning from A to R-1-15.
PUBLIC HEARING #104-79-2 - A to C-2 or CP - Thomas Studer
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board upheld the Planning Commission's recommendation and approved the rezoning from A to CP.
PUBLIC HEARING #101-79-2 - M-1 to A - J. C. Rogers
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the Planning Commission's recommendation and approved the rezoning from M-1 to A.
PUBLIC HEARING #110-79-2 - A to R-1-7 - Carl Sapp
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board upheld the Planning Commission's recommendation and approved the rezoning from A to R-1-7.
PUBLIC HEARING #100-79-2 - R-1-7 to RM - Robert I. Aldridge
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board upheld the Planning Commission's recommendation and approved the rezoning from R-1-7 to RM.
PUBLIC HEARING CUP #675-2 - H. L. Pringle
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board upheld the Planning Commission's recommendation and postponed this case until November 13, 1979, at 2:00 P.M. or as soon thereafter as possible.
PUBLIC HEARING #99-79-1 - A to RR - Millicent Oakley
Millicent Oakley was present to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board accepted the withdrawal from Millicent Oakley.
PUBLIC HEARING #108-79-1 - RR to LM - R. Dewey Burnsed
Dewey Burnsed, Attorney, was present to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the Planning Commission's recommendation and approved the rezoning from RR to LM.
PUBLIC HEARING #109-79-1 - RR to R-1-15 - R. Dewey Burnsed
Dewey Burnsed, Attorney, was present to discuss this case 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 from RR to R-1-15.
PUBLIC HEARING #106-79-1 - R-1-7 to R-1-5 - Raymond Pfeiffer
Larry Taylor, Attorney, was present representing Mr. Pfeiffer.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the Planning Commission's recommendation and denied the rezoning from R-1-7 to R-1-5.
PUBLIC HEARING #103-79-5 - A to RR - Kelly Wallace
No one present wished to discuss this case with the Board.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board upheld the Planning Commission's recommendation and postponed this case until November 13, 1979, at 2:00 P.M. or as soon thereafter as possible.
PUBLIC HEARING #102-79-5 - C-1 to R-1-6 - Margaret Alexander
No one present wished to discuss this case 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 from C-1 to R-1-6.
PUBLIC HEARING #105-79-5 - RR to A - Linda Chenault
No one present wished to discuss this case 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 from RR to A.
PUBLIC HEARING CUP #674-4 - Florida Power Corporation
No one present wished to discuss this case 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 approved the CUP in A.
PUBLIC HEARING CUP #676-4 - William Wood
No one present wished to discuss this case 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 postponed this case until November 13, 1979, at 2:00 P.M. or as soon thereafter as possible.
RECESS AND REASSEMBLY
At 4:10 P.M. the Board recessed for twenty (20) minutes.
At 4:30 P.M. the Board postponed the Property Appraisal Adjustment Board Meeting until 4:45 P.M.; the Regular Meeting reconvened at this time.
ACCOUNTS ALLOWED/BUILDING COMMITTEE
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board authorized the Building Committee to purchase equipment for the new judge, not to exceed $1,000.00.
OUTDOOR RECREATIONAL FACILITIES
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request of the Boy Scouts' to camp overnight at Marsh Park on a one time basis.
RESOLUTIONS
On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board granted the Resolution for the property exchange between The County of Lake and Victor Perez.
Commr. Burhans abstained from the vote.
On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board authorized the Chairman to sign the Resolution.
Commr. Burhans abstained from the vote.
CANAL DRIVE, SPECIAL ASSESSMENT
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board authorized the Chairman to sign the Resolution and Bonds.
There being no further business to be brought to the attention of the Board, adjournment was at 4:40 P.M.
Thomas J. Windram, Chairman
James C. Watkins, Clerk