MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS

october 2, 1973

A regular meeting of the Lake County Board of County Commissioners was held on Tuesday, October 2, 1973 at 9:00 in the forenoon in the Commissioners Room, Courthouse, Tavares, Florida.

The Chairman called the meeting to order with the following members present:  C. A. Deems, Chairman; James R. Carson, Jr.; Glenn C. Burhans; Thomas J. Windram; and J. M. Hoskinson.  Others present were:  James C. Watkins, Clerk of Circuit Court; Christopher C. Ford, County Attorney; Larry Morey, Acting Engineer; and Norma Coven, Deputy Clerk.

The invocation was given by James C. Watkins, who also led the Pledge of Allegiance to the Flag.

minutes

The minutes of July 17, 1973 were approved as amended on the motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously.

hospital

The Clerk reported that he had received a telephone call from Monroe Memorial Hospital regarding Sumter County indigent patients.  The same was referred to Chairman Deems.

A notice was read from A.G. Holley State Hospital that Michael Ford was discharged for medical reasons on September 27, 1973.  It was read and filed.

road maintenance

Commr. Windram reported that Sunset Avenue, District Road 4-4161, had been County maintained and maintenance has been dropped.  He would like the County to take it back into the maintenance system from Lake Shore Drive to District Road 4-4162 and continue to Ohio Avenue and Old U.S. 441.

The Chairman read a letter from the Department of Transportation regarding a drainage problem on the road from Astatula to SR 448A and requesting the County to make the necessary adjustments or authorize the DOT to do the work.  On the motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board would like to discuss the cost of the work with a representative from DOT.

Commr. Burhans presented a request from the residents of Fifth Avenue in Astor for 30 yards of sand and one hour of grading time.  The residents have put the material on the road and would like the County to grade it.  Commr. Burhans moved the County grade it on a one time basis.  Commr. Windram seconded the motion.  All Commissioners voted “no” except Commr. Burhans.  Commr. Windram moved if the residents are willing to pay $13.50 per hour the Board will authorize the grader to do the work.  Commr. Carson seconded the motion, and it was carried unanimously and approved.

road maintenance – subdivisions

Commr. Windram reported the Engineering Department gave the residents of Golden Isle Subdivision a cost estimate for bringing the road up to County standards.  Their share is $6,600 and they have all but $841.00 of the amount and need 15 days to obtain the rest.  Larry Morey said it can be added to the contract between now and February to come under the contract price.

Larry Morey appeared with a request from the residents of Spring Bath and Yacht Club for a revised cost estimate on Canal Drive.  On the motion of Commr. Windram, seconded by Commr. Carson and carried unanimously, the request was approved on a 1/3 – 2/3 participating basis.

fire districts

Commr. Windram reported on fire districts.  He will be meeting with the cities whenever he can get maps of the areas under fire protection.  One volunteer fire department is already started, the Pasco Volunteer Fire Department.  Commr. Windram has a petition from the residents of his district requesting an election be held for the purpose of creating a fire district.

The County Attorney said the only problem is splitting the precincts and he said he will talk to the Supervisor of Elections regarding the splitting of the precincts for a special election.

communications

Commr. Carson read a letter from the Sunrise Workshop expressing appreciation to the Board for the approval of $5,000 for the 1973/74 budget year.

Chairman Deems read a letter from Lake Sumter Community College regarding tuition waivers for Law Enforcement personnel.  It was read and referred to the Sheriff.

Chairman Deems read a letter from General Richard A. Risden expressing appreciation of Norman Nicely and the way he handles his job at the sanitary landfill.

Chairman Deems read a letter from the Department of Transportation regarding the caution light at the intersection of SR 33 and SR 48.  It was read and filed.

Chairman Deems read a letter from Judge W. A. Milton to Grace Guenther at the Historical Society regarding the original County Court seal that is in his office.  The Judge recommended the seal be donated to the Lake County Historical Society.  James C. Watkins said there is a document book in his office that should be in the Society also.  On the motion of Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board approved these items be donated to the Historical Society.

The Clerk read a letter from Beverly Lambert encouraging the consideration of an ordinance requiring sand and gravel trucks to be covered.  The Clerk is to write her and let her know of the public hearing on November 13, 1973 regarding this matter.

The Clerk read a letter from the Florida Public Service Commission regarding the application of National Transportation Corporation to transport mishandled luggage and baggage from McCoy Jetport.  It was read and filed.

The Clerk read a memo from the Division of State Planning regarding transmittal of development order for DRI.  This was referred to Joe Flynn and Christopher C. Ford.

bids

It now being the time advertised to receive bids on conventional paints, the Chairman directed the Clerk to open and tabulate bids, whereupon the following bids were received:

            Leesburg Building Material, Inc.

            Tropical Paint Company

 

On the motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the bids were referred to the Engineer for study and recommendation.

The Clerk reported that a bid for Hot Asphaltic Concrete Plant Mix was received in the Clerk’s Office to be opened on September 11, 1973.  Commr. Windram recommended a cover letter be sent out with the next bids specifying that all bids should be sent to the Commissioner’s Office on the first floor and return the bid unopened.

Bids on Hot Asphaltic Concrete Plant Mix will be readvertised for November 13, 1973.

road closings

It now being the time advertised to hold a public hearing to consider a petition to close Southwind Drive between Twin Oaks Lane and Lake Maggie in Breezee Shores Subdivision.  Mort Aulls appeared for the petitioners, Cohen Hodges and Emory Gnann.

Mrs. James Knight, Reba McAdams, William Hall, and Curtis Crosby appeared and opposed the closing.

Action deferred for one hour for the attorney to discuss a solution to this problem with the people present who are in opposition to the closing.

Mort Aulls reappeared and asked that action be deferred until he can contact other property owners.  On the motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, the petition will be continued until November 6, 1973 at 10:00 a.m.

public health

Dr. Thomas E. Langley appeared regarding the Emergency Medical Services Council to be established by the Board of County Commissioners.

Christopher Ford, County Attorney, said his only objection to a resolution being adopted is the 20 people required on the Council.  On the motion of Commr. Windram, seconded by Commr. Carson and carried unanimously, the resolution was adopted as amended to read 10 people.

planning and zoning

Harley Morse appeared regarding the emergency ordinance amending the subdivision regulations.  Commr. Hoskinson explained that any newly divided parcel of land is required to have a County road access and be built to County specifications.

Joe Flynn reported Royal Trails did not feel that it should come under DRI and should be grandfathered in because part of the plat was on file prior to June 1, 1973.  Joe Flynn was instructed to work with the Attorney on this matter.

engineering department

C. E. Middlebrooks appeared regarding North Harbor Acres on the Wekiva River.  The canal in the adjoining subdivision overflows when it rains and washes out Mr. Middlebrooks’ roads.  The culvert is too small to handle that much water.

Mr. Middlebrooks offered the County easement to install a larger culvert.

Commr. Carson recommended the employment of a consulting engineering firm to help solve this problem and recommended Fred Harpster since he is familiar with the problem.  It was referred to Larry Morey.

resolution not classified elsewhere

On the motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, a proclamation was adopted proclaiming the month of October as United Appeal Month.

ordinance

Richard Langly appeared and requested the County to adopt an ordinance requiring sand and gravel trucks to be covered.  On the motion of Commr. Burhans, seconded by Commr. Windram and carried unanimously, a public hearing will be held on November 13, 1973 at 10:00 a.m. for this matter and all interested parties are to be notified.

The County Attorney submitted an ordinance changing the time the Board of Zoning Appeals meets.

On the motion of Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, an emergency ordinance was placed on first reading by title only, said title being as follows:

            An Emergency Ordinance Amending the Zoning Regulations of Lake County Florida, Amending the Change of Time the Board of Zoning Appeals Meet.

 

On the motion of Commr. Burhans, seconded by Commr. Carson and carried unanimously, the emergency ordinance was approved on first reading.

On the motion of Commr. Windram, seconded by Commr. Carson and carried unanimously, the emergency ordinance was placed on second reading by title only.

On the motion of Commr. Burhans, seconded by Commr. Carson and carried unanimously, the emergency ordinance was approved on second reading.

On the motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, the emergency ordinance was placed on third and final reading by title only.

On the motion of Commr. Carson, seconded by Commr. Windram and carried unanimously, the emergency ordinance was approved on third and final reading.

recess and assembly

The meeting recessed at 12:15 p.m. and the Chairman announced the Commissioners will have lunch at the Silver Lake Golf and Country Club and the press and public are invited on a dutch-treat basis.  The meeting reconvened at 1:40 p.m.

county tax collector

Keith Hall, Tax Collector, appeared and apprised the Board of the expense and trouble that his office is having because of the increase in the Fine and Forfeiture Fund.  The Chairman explained to Mr. Hall that the Board seriously considered the inconveniences of the increases, but there was no other way.

reports – official

Keith Hall, Tax Collector, received a letter from the Comptroller requiring all officers to change their fiscal year from a calendar year to October 1 to September 30 and file an annual report to the Board of County Commissioners by the 15th of October.  Mr. Hall received a letter from the Department of Revenue stating the Tax Assessor and Tax Collector are exempt from this provision until next year.  Mr. Hall will submit his annual report in January.

water levels

Joe Flynn submitted a letter from the Southwest Water Management District regarding the high water level for some lakes in the Oklawaha chain.  It was read and filed.

county employees

The Clerk reported that he has investigated the landfill operation being transferred to the Finance Department and recommends that it remain in the Public Works Department and keep R. S. Alderman as Landfill Clerk.  On the motion of Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Clerk’s recommendation was approved.

licenses and permits

James H. Williams appeared and requested a permit to fill in a borrow pit on his property on Lake Sellers.  He has already made an application to the Internal Improvement Trust Fund and was asked to apply to the Board of County Commissioners for a permit.

The County Attorney recommended proof of title insurance be supplied to the Board.

Later in the day Mr. Williams returned with Chester Crum who said that he had title insurance on Mr. Williams’ property dated September, 1961.  Referred to the Engineer and Pollution Control to look at this problem.

Larry Morey presented a request from J. L. Painter to alter a drainage ditch on the east side of S-466A and District Road 1-5410.  Alfred Ponds, Road Superintendent, recommended a permit be issued to J. L. Painter for him to do the work.

The County Attorney recommended a use permit be issued with the work done according to specifications approved by the Engineering Department and under the supervision of the Road Superintendent.

roads – county

Larry Morey presented a drainage release from the Ohio Street Extension, DR 4-5469 for the Chairman to sign.  On the motion of Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Chairman was authorized to sign.

Larry Morey presented a request from Florida Citrus Groves Corporation for the County to solve the drainage problem on North Grassy Road, DR 3-1944.  It was referred to the Engineer.

Commr. Burhans submitted a request for two “Children Playing” signs for DR 5-7778.  On the motion of Commr. Burhans, seconded by Commr. Carson and carried unanimously, the request was approved with the stipulation that Commr. Burhans will indicate where the signs will be placed.

salary and wages

On the recommendation of Mr. Watkins that the Landfill operation remain in the Public Works Department and retain Mr. Alderman to handle the work and on the motion of Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, Robert S. Alderman, Landfill Clerk, will receive an annual salary of $5,784.

petition

Commr. Carson presented a request from the Ocala Yacht and Boat Club asking that the Oklawaha River be made navigable and safe for small pleasure boaters.  On the motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, the petition was approved.

building department

The Chairman read a letter from Florida Roofing, Sheet Metal and Air Conditioning Contractors Association, Inc. concerning a minimum standard building code to be presented at the next session of the Florida Legislature.  They would like a copy of the Lake County Building Code.  The letter was referred to the Building Official.

bonds

On the motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, firearm bonds were approved for the following:

            Samuel D. Johnson

            Jean E. Morse

            Irving F. Morse

            Samuel Willard, Jr.

 

On the motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, contractor bonds for Certificates of Competency were approved for the following:

            #  76    J. D. Underwood

                77    Sam Thompson dba Thompson Electric Company

              183    William C. Dangler

              193    Joseph R. BonJorn dba Advance Electric Company

              225    Neely Dillon

              244    J. M. Vander Meer

              413    E. C. Jackson dba Jackson and Son

              430    James W. Montgomery

              455    James Sampson

              536    Ronald I. Brown dba Semco Electric Company, Inc.

              889    Paul E. Smyth dba Decorator’s Helper

              940    Benjamin R. Tillman dba Tillman’s Plumbing Service

              248    Buford Creech

              275    Jack E. Griner

              291    Robert L. Wise

              297    Dean Humphrey

              464    W. A. Schroeder

              529    Roderick J. Grills

              575    Charles Blackman

              591    Harry Moody

              599    M. C. Boatwright

              620    Howard E. LaPierre

              671    Quinton O. Downing

              771    Wayne Rowe

              844    M. B. Moore

            1040    Arwood Hollins

            1082    George F. Lyon

            1083    William J. St. John

            1084    Leonard C. White

            1085    Hugh G. Hall

            1086    Donald Waters

            1088    Kenneth Gale Martin

            1087    John H. Moore dba Dixie Mechanical, Inc.  

1089    Elmer H. Wolcott

 

federal agency

The Clerk read a request from the Office of Economic Opportunity for a representative to their program.  The Chairman reappointed Commr. Burhans.

zoning

The Board discussed the policies regarding set back rules.  On motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board interpreted Paragraph 70.291 of the Zoning Regulations to mean, “When a building line has been established by one or more dwellings on a street within a given block, no other structure shall be constructed in front of the mean building line so established within that block.”

The County Attorney recommended the Building Official be advised that it is the Board policy that any variance will be made by the Board and not the Building Department.

bids

Joe Flynn requested the replacement of three vehicles in the Planning Department.  The Board recommended that he advertise for two pickup trucks and trade in the two Matador cars.  Joe Flynn was authorized to draw up specifications.

accounts allowed

Joe Flynn submitted a request for Mylar paper and a storage cabinet at a cost of approximately $1,500.  On the motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the purchase was authorized and transfer of funds from contingency.

Travel for Phil Yoder to attend a Pesticide Safety Course at Ft. Myers, October 24-25, 1973 and a Fall Conference and Training Course at Vero Beach, October 15-17, 1973 was approved on the motion of Commr. Carson, seconded by Commr. Windram and carried unanimously.

The Chairman read a request from Mosquito Control for spraying equipment to be installed on a jeep at a cost of $550 from the Minnesota Wanner Company.  On the motion of Commr. Burhans, seconded by Commr. Carson and carried unanimously, the request was approved.

The Clerk requested $3,000 advance for paying State Trial Witnesses, Insolvent Defense Witnesses and special Court Order Witnesses at the fall term of court.  On the motion of Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the request was approved.

The Clerk presented a request for $50 petty cash fund for Prisoner’s Discharge (Finance).  On the motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, the request was approved.

A request from East Central Florida Regional Planning Council for $2,000 for quarterly contribution was approved on the motion of Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the quarter being from October 1, 1973 to December 31, 1973.

On the motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, the request from the Sheriff for $87,734.72 as requisitioned was approved.

A request for $25 petty cash fund for the Building Department was approved on the motion of Commr. Burhans, seconded by Commr. Carson and carried unanimously.

A request for $25 petty cash fund for the Planning Department was approved on the motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously.

A request for $50 petty cash fund for the Engineering Department was approved on the motion of Commr. Windram, seconded by Commr. Deems and carried unanimously.

A request for $348.95 to repair the air conditioning in the Historical Society Building was referred to the Clerk to obtain two other quotes.

A request for $2,083.33 for the October allotment of the Lake County Chamber of Commerce was approved on the motion of Commr. Windram, seconded by Commr. Burhans and carried unanimously.

A request for $100 petty cash fund for recording fees was approved on the motion of Commr. Hoskinson, seconded by Commr. Windram and carried unanimously.

Travel for Fred Bollenburg, Veteran Officer, to attend the Mid-Winter Conference in St. Petersburg, October 31 to November 2, 1973 was approved on the motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously.

Travel for three clerks in the Veterans Service Office to attend the Mid-Winter Conference in St. Petersburg on November 2, 1973 was approved on the motion of Commr. Burhans, seconded by Commr. Carson and carried unanimously.

county tax assessor

Donald Stephens, Tax Assessor, requested the purchase of a four-wheel drive vehicle to help in field inspection.  He is willing to contribute $3,000 from his contingency fund toward the purchase of the truck.  It was referred to the County Attorney to determine if this is an appropriate expenditure for the Board.

right-of-way – roads

Commr. Burhans reported that Bob Eichelberger is willing to donate a right-of-way on District Road 5-7043 if the County will construct the road for loading ramps.  Commr. Windram recommended this be referred to the Road Superintendent for a cost estimate and recommendation.

There being no further business to bring before the Board, the meeting adjourned at 5:35 p.m.

 

 

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chairman

 

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Clerk