A REGULAR MEETING OF THE BOARD OF COUEJTY COMMISSIONERS
OCTOBER 21, 1980
The Lake County Board of County Commissioners met in Regular Session on Tuesday, October 21, 1980, at 9.00 A.M. in the Board of County Commissioners' Meeting Room, Courthouse, Tavares, Florida. Commissioners present were: C. A. "Lex" Deems, Chairman; Thomas J. Windram; Glenn Y. Xiddleton; James R. Carson, Jr.; and Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Pat Willman, Deputy Clerk.
The Invocation was given by Mr. Watkins and the Pledge of
Allegiance was led by Commr. Carson.
MINUTES
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the minutes of September 16, i980, as amended and corrected.
ATTORNEYS/COUNTY PROPERTY
Discussion occurred regarding Mr. Swigert's request (made by Attorney Dewey Burnsed in a recent meeting) for a quit claim deed from the County for Belleaux Park, in Belleaux Estates, Lake Joanna Area. Mr. Ford advised he had talked with Mr. Burnsed who had indicated he had quit claim deeds from all area residents with the exception of one. Mr . Ford stated the matter should be placed on the Board's agenda for discussion and allow those persons who wished to voice opinion to do so prior to any action being taken.
ilr. Ford also stated he did not feel the County could give a their deed to publicly dedicated property, however a waiver of any interest in the property could be executed.
CLERK OF CIRCUIT COURT/COURTS
Mr . Watkins, Clerk, reported to the Board he had met with the State Senate Committee considering State Funding and one of the items identified to be considered for the funding by the State dealt with 100% funding of the Court system. This would relieve the County of considerable expenditures.
Another item under consideration is 100% funding for office space provided by the counties to the State Attorney and Public Defender.
Mr . Watkins indicated the items under discussion, among others, had been placed on a priority list and would be reviewed not only by the Senate Judicial Committee but by the M ax Harris Committee, Department of Community Affairs, The Supreme Court and many other agencies.
MINUTES
On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board approved the minutes of October 14, 1980, as amended and corrected.
Commr. Windram directed the Clerk to reply to the letter discussed in the minutes of October 14, 1980, from the IXORA Circle, Lakes and Hills Garden Club.
RIGHT OF WAY EASEMENTS
Commr. Deems noted that for several months the County had been attempting to obtain a right-of-way for a road which has been approved by the Board (Sunnyside Cutoff Road) Commr. Deems stated all the necessary right-of-way had been secured with the exception of one individual who states he would sell the right- of-way but would not give it to the County. The individual however, indicated he would consider trading the right-of-way to the County for the return of a piece of right-of-way which he granted to the county several years ago for a road which has never been built.
Commr. Deems requested Mr. Ford review the matter and report back to the Board with a recommendation.
POLLUTION CONTROL
Ted Wicks, Acting Board, the case of Mr. Pollution Control Director, presented to the Richard T. Coyne, in which Mr. Coyne has requested by application submitted to DER/COR to excavate via dragline, 600 cubic yards of material of submerged lands of Silver Lake. The spoil material from the excavation is to be deposited on a low lying upland area, as well as on additional submerged lands. The purpose of the project is to extend the uplands to the redefined water's edge, and the filled area will then be maintained as a grass lawn.
Mr . Wicks advised the Board of his investigation into the proposed project and stated it would represent a substantial encroachment on the lake and would result in the destruction of beneficial aquatic vegetation with a substantial impact on both water quality and biological quality of Silver Lake, therefore the Pollution Department recommended denial of the request.
Mr . Coyne discussed the request with the Board, explaining what he intended to do and stated he had been a resident of Lake County for many years and would not do anything detrimental to the environment. Mr. Tuller, Silver Lake, was present and advised the Board he was very much in favor of the project and felt it would only enhance the area.
Mr Wicks read the Biological & Water Quality Assessment.
On a motion by Commr. Xiddleton, seconded by Commr. Burhans and carried unanimously, the Board approved the proposed project.
Commr. Burhans, for the record, stated he was no longer in the dragline business.
Mr Wicks read the Biological & Water Quality Assessment.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the construction of a vertical seawall with rip rap at its waterward toe along 76 feet of river front property, contiguous to Dead River and Lake Griffin for Mr. Frank L. Adams, Picciola Island.
ANIMAL SHELTER - ANIMAL WELFARE
The Chairman announced the Publicly advertised Hearing scheduled for 10:00 A.M., concerning the adoption of a proposed ordinance amending the Animal Control Ordinance, would be postponed until 10:15 A.M.
POLLUTION CONTROL
Mr. Wicks stated in 1974, the project of Griffin Isles Mobile Home Park (Baird Mobile Home property) was approved and obtained all permits necessary for development and construction of a sewer treatment plant and a sprayfield. The approval predated the County's provisions and.rules for the 100' setback requirnent, The sewer treatment plant is well within the confines of the development and would meet the 100' setback requirement and has been repermitted by DER, etc. The spray-field however, has only a 25' setback. There is now only one owner involved in the development of the park and he (Mr. Humphrey) advised Mr . Wicks he has control of the 10 acre tract of land adjoining the development, which abutts the area in which the sprayfield lies Mr . Wicks stated Mr. Humphrey has not produced any legal document showing his control of the 10 acres at this point.
Mr. Wicks questioned if the sprayfield would be considered grandfathered in or would it be necessary to begin the process for permitting to meet the 100' setback requirement.
The Board advised Mr. Wicks to pursue some legal proof of control of the property by Mr. Humphrey before a decision is made.
ORDINANCE
At 10:15 A.M. the Chairman announced the Public Hearing regarding the proposed Ordinance to amend the Animal Control Ordinance 1975-1, by requiring mandatory sterilization of animals adopted from the animal shelter, would now be heard. It was noted the proper proof of publication was on hand and had appeared in the October 3, and October 10, 1980, editions of the Sentinel Star.
Commr. Carson advised the ordinance now in effect must be amended to comply with legislation which became effective on October 1, 1980, requiring mandatory steriliation of adopted animals.
Discussion occurred concerning animals which might be of champion-ship breeding lines and of great value to someone for breeding purposes.
Mr. Ford advised the Board if more leeway were desired concerning breeding stock animals, etc. the Board could direct a letter to the local delegation requesting consideration be given to the idea.
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Ordinance was placed on the floor for its first and only reading. At this time Commr. Carson read the title of the Ordinance as follows:
AN ORDINANCE AMENDING ORDINANCE 1975-1, THE LAKE COUIJTY ANIMAL CONTROL REGULATIONS, BY DEFINING RELEASING SHELTER; PROVIDIIJG FOR STERILIZATION OF ANIMALS PRIOR TO RELEASE FOR ADOPTION BY PUBLIC OR PRIVATE PET ANIMAL SHELTERS AND
ANIMAL CONTROL AGENCIES; PROVIDING THAT WHENEVER A LICENSED VETERINARIAN SHALL STATE IN WRITING THAT AN ANIMAL SHOULD NOT BE STERILIZED DUE TO IMMATURITY OR FOR A VALID MEDICAL REASON, THE RELEASING SHELTER SHALL ENTER A WRITTEN CONTRACT GUARANTEEING STERILIZATION WITHIN THIRTY DAYS OR PRIOR TO SEXUAL MATURITY; REQUIRING COLLECTION OF A REASONABLE AND SUFFICIENT DEPOSIT WITH RESPECT TO SUCH AGREEMENT; PROVIDING FOR REFUND OF DEPOSITS UPON COMPLIANCE WITH STATEMENTS OF PROMISE; PROVIDING FOR COSTS; PROVIDING FOR RECLAMATION OF UNSTERILIZED AN IM AL S UPON FAILURE TO COMPLY; PROVIDING A SAFETY CLAUSE AN3 PROVIDING A N EFFECTIVE DATE.
On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board moved the adoption of said Ordinance, Number 1980-15, as read by title only, on its first and only reading.
MUNICIPALITIES/
Commr. Deems read a letter from the Town of Lady Lake in referring to Arlington Avenue, which the letter indicates is partially in the county (approximately 700') and partially within the city limits. The Town request the County provide the clay to help put the roadway into passable condition. The letter stated Lady Lake would provide the equipment to cut, grade and mix the clay. Commr. Deems stated the letter had been referred to Mike Willett.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved to provide 800 yards of fill dirt for the athletic field (baseball) in the City of Groveland.
The Board approved the original request from the City of Groveland several weeks ago, however, the City made an error in their estimation of the amount needed, therefore, they are requesting the additional as approved above.
BUDGETS/GRANTS - COMMUNITY DEVELOPMENT BLOCK GRANT
The Chairman announced the advertised time (10:30 A.M.) had arrived for the Public Hearing regarding the 1980-81 proposed budget for the.Community D evelopment Block Grant. The total budget amount is $280,188.93.
Total Personal Services --------------$ 69,417.40
Total Contractural Services ----------$ 4,lOO.OO
Total Other Purchases----------------$ 2,300.OO
Total Community Site Acquisition-----$ 31,100.OO
Total Operating Supplies ------------$ 41,288.83
Total Road flaterials and Supplies----$126,932.60
Contingency Reserve ------------------$ 5,OOO.OO
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the 1980-81 budget for the Community Development Block Grant as advertised and presented by Mr . Sexton, Grants Coordinator, Planning Department.
GRANTS-COMMUNITY DEVELOPMENT BLOCK GRANT/CONTRACTS-AGREEMENTS-LEASES
Mr. Sexton, Grants Coordinator, reported to the Board negotiations had been made with five (5) individuals to purchase land for a park site in Sorrento as previously authorized by the Board. The total cost of the site is $30,236.64. The property was appraised by Sam Cook, IAI.
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board authorized the Chairman to sign the contracts for sale and purchase of real estate for the property described:
Belva M. Knighton a/k/a Belva Mae Stewart - $2,400.00
Lots 9 and 10, Block 12, Reeves Subdivision of Sorrento according to the plat thereof, as recorded in Plat Book 1, page 58, of the Public Records of Lake County, Florida.
Edwin L. Wade - $2,400.00
Lots 7 and 8, in Block 12, Reeves Subdivision of Sorrento, according to the plat thereof, as recorded in Plat Book 1, page 53, of the Public Records of Lake County, Florida.
Estate of Eula R. High - $15,500.00
The South l/2 of Lots 11 to 16 inclusive, in Block 12, Lots 1 through 6 inclusive, 11 through 16 inclusive in Block 21, all in Reeves Subdivision of Sorrento, according to the plat thereof, as recorded in Plat Book 1, page 58, of Lake County, Florida.
Leslie McClurg and Olive McClurg - $4,900.00
Lots 7, 3, 9 and 10, Block 21, Reeves Subdivision of Sorrento, according to the plat thereof, as recorded in Plat Book 1, page 58, of the Public Records of Lake county, Florida.
Edwin T. Wade and Sarah J. Wade - $3,600.00
Lots 5 and 6, and the North l/2 of Lots 11 and 12, inclusive, Block 12, Reeves Subdivision of Sorrento, according to the plat thereof, as recorded in Plat Book 1, page Florida.
ACCOUNTS ALLOWED
On a motion by Commr. Windram, seconded by Commr. Carson and
carried unanimously, the Board authorized payment of warrants #10673 through #10917 for the following accounts:
General Revenue Fine & Forfeiture
Landfill County Transportation Trust
Mosquito Control Aquatic Weed
Northeast Hospital Northeast Ambulance
Northwest Ambulance Block Grant
Section 8 CETA
Special Assessment
INDIGENTS/ACCOUNTS ALLOWED
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously the Board approved payment of the following
Indigents:
ADD: Carrie Scevela for Jimmy Tomkins......................$36.00
CANCEL: Perry Kelley for John Patterson....................$50.00
CANCEL: Ella Bradford for Wayne Wood.......................$60.00
CANCEL: McCobe Apartments, Inc.............................$60.00
CANCEL: Chris White for Lena Weatherspoon..................$60.00
CANCEL: John R. Jones for Mary Cole........................$60.00
ACCOUNTS ALLOWED/XVI STATIONS
On a notion by Commr. Windram, seconded by Commr. Carson and
carried unanimously, the Board approved payment in the amount of $9,231.00 to the Department of Highway Safety and Motor Vehicles for 40,000 Vehicle Safety Inspection Certificates as requested by Frank Woodson, MVI.
REPORTS
On a motion by Commr. Carson, seconded by Commr. Middleton and carried, the Board acknowledged receipt of the Distribution of Revenue, Traffic/Criminal Cases for the week ending October 10, 1980.
Commr. Windram was not present for the vote.
REPORTS/SHERIFF
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board acknowledged receipt of the Annual Report of the Lake County Sheriff's Department for the year ending September 30, 1980. The report was received in the Board of County Commissioners office on October 15, 1980, at 4:36 P.M.
STATE AGENCIES/COURTHOUSE
A letter from Gordon G. Oldham, State Attorney, requesting additional office space within the new Courthouse was referred to the Building Committee for review.
PLANNING DEPARTMENT
On a motion by Commr. Windram, seconded by Commr. Middleton and carried unanimously, the Board approved the request of Otto C. Maron, Groveland Area, District #3, Case #SO-48, for waiver of improvement requirements and plan requirements of the Subdivision Regulations, Section 62.
OUTDOOR RECREATIONAL FACILITIES
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved the request of Reverend Andrews, First Baptist Church of Altoona, to use McTureous Park from March 29, 1981, through April 4, 1981 for a Tent Crusade Revival.
RECESS AND REASSEMBLY
At 11:OO A.M., the Chairman announced the Board would recess for lunch at the Silver Lake Golf and Country Club with the Public and Press invited on a dutch-treat basis.
The Board reconvened at 2:00 P.M. for the Public Works Agenda.
PUBLIC WORKS AGENDA
ROAD CLOSING - Roads in Ravenswood Subdivision - Petition #251
Mr. Zeb Osborne, representing the petitioner, and Mr. Bob Duggan were present to discuss the road vacation.
It was noted the proper proof of publication was on hand and had appeared in the October 1 and 7, 1930 editions of the Sentinel Star Little Sentinel edition.
On a motion by Commr. Burhans, seconded by Commr. Carson and
carried unanimously, the Board approve the vacation of roads in Ravenswood Subdivision as follows:
The street between, adjacent to and adjoining Lots 1, 2, 3, 4, 5, and 7 Ravenswood, on the West side of Lake Dorr, and extensions of said streets running West to Highway 19 and North in Government Lot 1 reserving unto the County a Drainage Easement over all roads running North and South and then also Ravenswood Road Extension and the North 30 feet of Thomas Avenue lying East of Kentucky Street, as shown in Thomas Holdings all being in Section 20, Township 17 South, Range 27 East.
DEEDS
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board accepted Warranty Deeds from the following:
Harry I. Etelman
Thomas J. King
Thomas F. and Carolyn Fay Fuqua
Zebulon L. and Ann K. Osborne
Kathleen W. Traywick
ASSESSMENTS
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the final Assessment Roil on Lien Assessment for paving roads in Ravenswood Subdivision, Altoona.
ROAD CLOSINGS - PERMISSION TO ADVERTISE
Mr. Christopher, representing the petitioner, was present to answer any questions the Board might have.
On a motion by Conmr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved for Mr. Stephen Maleski to advertise to vacate part of Groveland Road, Mount Dora, by Petition No. 241.
PLATS/CHECKS RECEIVED/ESCROW
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved Green Tree Subdivision for recording, accepted and executed the escrow agreement and accepted a check in the amount of $36,212.00.
PUBLIC WORKS/ROADS .- COUNTY, STATE
Mr. Dan Robuck, attorney representing Mr. Smith, was present to request the Board reconsider the requirement for paving Ridgewood Road, Monteverde Ilobile Home 1st Addition. Discussion occurred.
On a motion by Commr. Middleton, seconded by Commr. Windram and carried, the Board approved to stand by action taken August 19, 1980, which gave preliminary plat approval for Monteverde Mobile Home 1st Addition subject to Ridgewood Road being paved.
Commr. Burhans voted "No".
PUBLIC WORKS/MUICIPALITIES
Mr . Frank Logel, representing the Town of Lady Lake, appeared before the Board occurred.
On a motion requesting clay for Arlington Avenue. Discussion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request of the Town of Lady Lake for 938 yards of clay for Arlington Avenue subject to the Town maintaining the entire road when completed.
PLANNING DEPARTMENT
On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board approved the waiver of improvement requirements and plan requirements of the Subdivision Regulations -Section 62 for Ray D. Bender - Tavares Area - District #3 - Case #80-49.
ACCOUNTS ALLOWED/PUBLIC WORKS
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved partial payment on Project #18-80, C-44B and Garden Road #4-5672 to Leecon, Inc., in the amount of $67,912.56.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved partial payment on Project #20-80, Yalaha to Superior Asphalt Company, Inc., in the amount of $36,935.91.
ROADS - COUNTY, STATE
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the release of road reservations from DOT as contained in the following deed numbers:
82672, all but 33 feet from centerline of Grassy Sprain Road (Mt . Plymouth area).
#2487, all but 33 feet from centerline of C-44A (East of Eustis).
# 522, all but 33 feet from centerline of Arlington Avenue (Lady Lake).
82530, all but 33 feet from centerline of Oakmont Avenue (Mt. Plymouth).
PUBLIC WORKS/SIGNS/ROADS - COUNTY, STATE
On a motion by Commr. Middleton, seconded by Commr. Windram and carried unanimously, the Board denied the request to install a sign "Little Lake Harris Shores" at the intersection of SR #561 and Country Club Drive.
On a motion by Commr. Windram, seconded by Commr. Middleton and carried unanimously, the Board denied the request from the City of Eustis for a 4-way stop at Washington Avenue and Abrams Road.
On a motion by Commr. Burhans, seconded by Commr. Iliddleton and carried unanimously, the Board postponed the request for road signs leading to Lake Yale Baptist Retreat.
PUBLIC WORKS
On a motion by Commr. Windram, seconded by Commr. lliddleton and carried unanimously, the Board approved to repair Avenue C and West Fourth Street for Mrs. Joseph Leibold at a cost of $90.00 on a one-time maintenance basis.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved to repair Joleen Drive for John L. Preis at a cost of $156.00 on a one-time maintenance basis.
DEEDS
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board accepted a Drainage Easement from Walter F. Godwin and Alice Brown Godwin.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board accepted a Drainage Easement from Ruby V. Sapp (off of Highway 44 - Lisbon).
ROADS - COUNTY, STATE/PUBLIC WORKS/CONTRACT, LEASES, AGREEMENT
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved to execute the Grade Crossing Protective Devices Agreement from DOT for Section 11680- 6901 (CR 448-A).
PUBLIC WORKS/ROADS - COUNTY, STATE
Mr . George Heminway, U. S. Forestry Service, was present to discuss Mr. William Naff's request to take Railroad Grade Road #5-9277 out of the County maintenance system. The Public Works Department recommended denial of the request.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board denied the request of Mr. Naff's to take Railroad Grade Road out of the County maintenance system.
MOBILE HOME BONDS - CANCELLATIONS
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board cancelled mobile home bonds for the following in that the conventional dwellings had been completed and the mobile homes removed from the property:
Bobby E. Downey
John W. Young
Harry Joslyn
PLANNING DEPARTMENT
On a motion by Commr. Windram, seconded by Commr. Middleton and carried unanimously, the Board approved the request for waiver of improvement requirements and plan requirements of the Subdivision Regulations - Section 62 for K. Il. Sandon - Wekiva River Area - District # 4 - Case #80-45.
PUBLIC WORKS/ACCOUNTS ALLOWED
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved to pay Estimate #l in the amount of $15,381.00 to All American Construction Co., Inc. - project #22-80, Village of Sorrento.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board authorized the Chairman and the Clerk to sign the request for payment on Letter of Credit #41, in the amount of $15,381.00 to draw down from HUD the money to pay Estimate #l.
COMMUNICATIONS/PUBLIC HEALTH
Chris Ford, County Attorney, informed the Board he had received a copy of a letter from M rs . Dolores Andrejek regarding the proposed allocation to the Lake County Family Health Council for the purpose of sterilization. The Board directed the Clerk to reply to Mrs. Andrejek's letter.
COMMUNICATIONS
Chris Ford, County Attorney, informed the Board he had received a letter from Mr. Birchfield of Martin, Ade, Birchfield & Johnson, requesting the Board's support of the passage of the proposed amendment to the Florida Constitution which will increase the flexibility of the "second gas tax" for both bonding and maintenance. Discussion occurred.
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved to support the passage of the proposed amendment to the Florida Constitution.
COMMUNICATIONS/ACCOUNTS ALLOWED/CLERK OF CIRCUIT COURT
Chris Ford, County Attorney, stated he had received a letter from Elizabeth Davis, Receiver for William Wilen, Receiver of Washington Development Corporation, regarding an excess of $926.40 in a tax deed sale on properties formerly owned by Washington Development Corporation at Carlton Village, Lake County. Discussion occurred.
On a motion by Commr. Windram, seconded by Commr. Middleton and carried unanimously, the Board authorized the Clerk to refund the tax deed excess of $926.40 to Washington Development Corporation.
COMMUNICATIONS/PUBLIC HEALTH
Chris Ford, County Attorney, informed the Board he had received a request from Ameri-Quip for a Certificate of Need & Necessity. Discussion occurred. The Board directed Chris Ford, County Atorney, to check if the Leesburg area needs additional wheelchair and ambulatory services.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:35 P.M.
C. A. "Lex" Deems, Chairman
James C. Watkins, Clerk