MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
november 13, 1973
A regular meeting of the Lake County Board of County Commissioners was held on Tuesday, November 13, 1973 at 9:00 in the forenoon at the Tavares Civic Center, Tavares, Florida.
The Chairman called the meeting to order with the following members present: C. A. Deems, Chairman; J. M. Hoskinson; Glenn C. Burhans; James R. Carson, Jr.; and Thomas J. Windram. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Norma H. Coven, Deputy Clerk.
The invocation was given by James C. Watkins, who also led the Pledge of Allegiance to the Flag.
communications
Chairman Deems read a letter from the Governor regarding the Regional Manpower Board. The Board of County Commissioners is to recommend three representatives from Lake County to be appointed by the Governor to the Manpower Board. They need the recommendation by December 15, 1973. Commr. Burhans recommended Glyn Faircloth from the Public Sector and Virgil Hawkins from the Client Sector. The Chairman appointed Mr. Faircloth and Mr. Hawkins with Commr. Burhans to represent the Agency Sector.
road and bridge department
Commr. Burhans recommended a letter of appreciation be sent to Miss Hester commending the Road and Bridge Department for the excellent job they did in regard to the Veterans Day Parade. This was referred to the Clerk.
county property
Chairman Deems presented a request from the Chief of Police in Lady Lake to use the County property in back of Carlton Village (the clay pit) as a rifle range. The request was denied, and Commr. Carson is to notify the police chief.
communication
The Clerk was directed to write a letter of appreciation from the Board to Bill Horan for housing the Marine Band over Veterans Day weekend.
county property
Larry Morey presented a request from Mr. Sparks to purchase County property located near the Board of Public Instruction bus garage. Mr. Morey is to notify Mr. Sparks that the County is not interested in selling the property.
reports – official
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the annual mileage report was referred to the Engineering Department for handling.
Jacquelyn Hester presented a report on the Veterans Day Parade. It was read and filed.
election – primary
The Clerk read a letter from the City of Fruitland Park requesting the use of the voting machine in their primary election. On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the request was approved.
indigent
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the following were added to the present indigent list:
District #3 Walter Ivey $40
District #3 Barbary Stegall $40
bonds – misc
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the firearm bond for M. D. Swain was referred to the State’s Attorney office.
meeting
The Chairman read a notice from the Division of State Planning that a meeting of the Governor’s Council on Criminal Justice Advisory Council will be held on November 29, 1973 and advising that a representative from the County must attend if the County intends to apply for funds for the communication system. Copies of the notice are to be sent to all the Criminal Justice Committee members.
The Clerk read a notice from the Southwest Florida Water Management District that the Oklawaha Basin Board will meet Friday, November 16, 1973 at the Agriculture Center at 2:00 p.m.
animals
The Clerk read a letter from Doris A. Dudney expressing gratitude to the Commissioners for recognizing the need for a humane shelter for lost or stray animals. It was read and filed.
Glenn Middleton appeared and presented a revised drawing of the animal shelter and reported the construction is under way.
auto and trucks
The Clerk presented a request from the Tax Assessor for the Board to purchase a four-wheel drive vehicle for use by his office. The Tax Assessor has withdrawn his previous commitment to participate in the cost of the vehicle. The County Attorney feels this is a reasonable request this year due to the tax reassessments. The Board also discussed leasing a vehicle. It was referred to Commr. Carson.
suits affecting the county
Christopher Ford, County Attorney, stated the Court has filed judgment against L. T. Stewart for nonpayment of landfill charges. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Attorney was directed to pursue the suit.
ordinance
The Chairman announced that it was the time advertised to consider a proposed ordinance requiring sand and rock trucks to be covered.
Richard H. Langley, proponent, appeared and stated that Mr. Jones of AAA was ill and unable to appear, and he was not prepared to make a full presentation today and requested continuance of the hearing.
It was the Board’s opinion that the hearing has been advertised, and the people who are for or against the ordinance should be heard today.
Commr. Carson read the proposed ordinance in its entirety. The following people appeared and opposed the ordinance:
C. H. Dillingham
Robert A. Moore
Paul A. Wolf
W. A. Barnes
R. M. Marshall
Bobby Peters
B. L. Wilkes, Jr.
W. a. Lynch
W. R. Hancock
Russell W. Anderson
A representative of Keystone Trucking
The following people appeared in support of the ordinance:
Richard H. Langley
W. O. Boone
C. E. Heppberger
The County Attorney recommended the Board set a date for hearing Mr. Jones of AAA. On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board will hear Mr. Jones at 9:30 a.m. on November 20, 1973 regarding the proposed ordinance for covering sand and rock trucks.
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the County Attorney is to draft an amendment to the Lake County Building Department Rules and Regulations regarding contractor certification in the field of Journeyman Electrician, Journeyman Plumber, and Class “B” mechanical. It will be advertised for hearing on December 4, 1973.
public health
The Clerk submitted a resolution from Okaloosa County requesting the legislative delegation advocate the funding of the Medical Examiner Officer by the State of Florida. It was read and filed.
The Clerk reported the Emergency Medical Council would like to apply for the Emergency Medical Services Grant. The application must be in before November 15, 1973. The Clerk recommended that in our application we ask what County funds will be required.
recess and reassembly
The meeting recessed for lunch at 11:40 a.m., and the Chairman announced the Commissioners will have lunch at the Silver Lake Golf and Country Club. The public and press are invited on a Dutch-treat basis. The meeting reconvened at 1:30 p.m. in the Commissioners Room, Courthouse, Tavares.
bids
It now being the time advertised to receive bids on Hot Asphaltic Concrete Plant Mix, the Chairman asked the Clerk to open and tabulate the bids. Bids were received from the following:
MAC ASPHALT CORPORATION
ASPHALTIC PAVERS, INC.
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the bids were referred to the Public Works Department for recommendation and study with particular interest on Type A Fine and EA 200.
It now being the time advertised to receive bids on the Brake Testing Machine, the Chairman asked the Clerk to open and tabulate bids. Bids were received from the following:
C.L STEINER
MAUREX EQUIPMENT
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the bid from Maurex Equipment for $3,483.50 was accepted.
building department
Glenn Middleton reported that at the October 3, 1973 meeting of the Board of Examiners, they unanimously decided that specialty contractors be certified by the H H Block Examination instead of the system accepting two letters from general contractors.
Glenn Middleton stated that the Florida Legislature passed a law, 1973, Smith Bill 553 C73-182, requiring the use of tie downs on mobile homes. Mr. Middleton said in view of the fact that Lake County does not have a tie down law, Chapter 1-MH has been prepared by incorporating the State Law requirements and the requirements of the Department of Highway Safety. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, a resolution was adopted amending the Building Code.
zoning
ZV 73-14 DAN W. MILLER JUNK CARS AND CHICKENS
Dan Miller appeared and stated he inherited the chickens when he bought the property.
The Chairman asked Mr. Miller if he could supply evidence that the chickens were on the property prior to 1966, and Mr. Miller said yes. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the complaint was referred to Mike Willett in order to give Mr. Miller time to present his evidence.
zv 73-15 pearl hilliard junk in the yard
Mrs. Shaw, representing her mother, appeared and stated she had moved the junk cars, but the man living in one of the buildings won’t move. The County Attorney recommended she get an attorney and get the man evicted.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, Pearl Hilliard was found in violation and given 30 days to clear up the property.
zv 73-16 johnnie johnson junk cars
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, Johnnie Johnson was found in violation and given 30 days to remove the cars.
zv 73-17 Mr. and mrs. freeman junk cars and doing business in residential area
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, Mr. and Mrs. Freeman were declared in violation and given 30 days to clear up the problem.
zv 73-1 james smith failure to tie two mobile homes together
Mr. Smith appeared and stated he has permits for both mobile homes and both septic tanks. He presented a permit which calls for the two mobile homes to be connected by a breezeway.
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, James Smith was declared in violation and given 90 days to tie the two homes together.
roads – state
Bill Gray representing the Department of Transportation appeared regarding the drainage problem on SR S-48, Astatula Road. During the construction of the road, the 60-inch pipe was elevated 21 inches higher than originally planned. On a motion by Commr. Carson, seconded by Commr. Windram and carried, a resolution was adopted authorized the DOT to use secondary gas tax funds to correct the problem. Chairman Deems voted “no” and announced the motion carried.
Larry Morey, Acting Engineer, requested that a portion of S-445, south of Montverde where the railroad tracks have been abandoned, be added to the present road resurfacing contract. On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the request was approved predicated on the fact that the Board previously approved the work.
Commr. Hoskinson reported there is a dangerous railroad crossing located on S-448A at the Post Office in Lake Jem. Commr. Carson recommended a letter be sent to the Seaboard Cost Line stating the safety factors involved and ask for their recommendation. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the County Attorney is to write the letter.
veteran service officer
A request for Fred Bollenburg to attend the annual Civil Defense Conference in Tallahassee on November 28-30, 1973 was referred to Commr. Burhans.
Jacquelyn Hester, Administrative Assistant, presented a request from Fred Bollenburg for a filing cabinet. This was referred to the Clerk, James C. Watkins.
county engineer
Jacquelyn Hester, Administrative Assistant, presented two applications for the Public Works Director. These were filed.
commissioners
Jacquelyn Hester, Administrative Assistant, presented badges requested by Commr. Hoskinson to the Commissioners. On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the individual Commissioners will pay for their badges.
roads – county
Larry Morey, Acting Engineer, stated the County needs right-of-way on District Road 5-7528 but cannot obtain all of it. The Board advised him that no improvements be done until the right-of-way is obtained.
Larry Morey, Acting Engineer, reported there is a drainage problem in Merrills Quarters, Southeast of Umatilla, and the Engineering Department has come up with a cost estimate of $1,937 for draining the road into the existing canal. The cost estimate was based on the acquisition of drainage easements and material costs. On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the cost estimate was approved and work authorized.
permits
Larry Morey, Acting Engineer, presented utility permits and driveway permits for recording. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the permits were approved for recording.
maps and plats
Larry Morey presented a revised plat of Crooked Oaks Estates for recording. Letters of approval from the Health Department and Pollution Control Director were presented. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the plat was approved and the Chairman and Clerk were authorized to sign the plat.
deeds
Larry Morey presented a request from the Department of Transportation for the County to release Murphy Act Deed No. 2266. Commr. Carson moved that Murphy Act Deed No. 2266 not be released. Commr. Hoskinson seconded the motion. The motion was withdrawn on the recommendation of Commr. Windram that the property in question be viewed.
county buildings
On the recommendation of the Clerk and on the motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, office space in the Pioneer Building was designated for the Welfare Office, and the office is to be painted.
courthouse
The Board discussed the report that the County Attorney and the Clerk presented regarding the Architects for the County Courthouse Complex. Commr. Hoskinson recommended I S K Reeves, President of Architects Design Group, as a consultant to the Board. Commr. Hoskinson was asked to contact Mr. Reeves on this.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the budget was amended for the final year adjustments for 1972-1973.
funds – transfer
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board approved the transfer of $50 from Office Supplies Expenses #3993402 in the General Revenue Fund for a DWI School project.
accounts
A request from the County Extension Agent to purchase two used or reconditioned industrial sewing machines for use in the upholstery class at a cost of $750 from Gulf Fabric, Tampa was approved on a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously.
The Clerk read an invitation from the Division of Mental Health for the Commissioners to attend a workshop on the complications of enactment of the Baker Act in Orlando on December 4, 1973 at 9:00 a.m. The Clerk presented a request for Kathy Yeomans and Yvette Young to attend this meeting.
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Clerk is to notify the Division of Mental Health that December 4, 1973 is a regular meeting day for the Board of County Commissioners, and the Commissioners will be unable to attend. Travel for Kathy Yeomans and Yvette Young was approved.
The Clerk presented a request from the Finance Department to refund Mr. Grady Smith $30 for a storage tank that he purchased at the County Auction for surplus items, and he never received the tank. On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the refund was approved.
The Clerk submitted the Sheriff’s requisition for $10,394, which is the difference between the original budget and the amended budget for October. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the requisition was approved subject to the proper amount being in the budget.
The Clerk submitted the Sheriff’s requisition for $73,662.08 for November. The requisition was approved on a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, subject to the proper amount being in the budget.
Larry Morey, Acting Engineer, presented a request from Asphalt Pavers, Inc. for partial payment of $73,718.95 for road resurfacing. On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the request was approved.
Larry Morey, Acting Engineer, presented a request for repairs on the International Tractor 175 used at the Clermont landfill. A cost estimate was received from Crawler Rail and Roller Company for $1,570.04. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the request was approved for County property #2189 to be repaired.
The Clerk read a request from John W. Boyd, Juvenile Detention Supervisor, to pay Deborah Ainsworth for 16 hours of relief duty at the Juvenile Shelter. On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the request was approved.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the bills were approved to be paid.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the following vouchers were approved:
General Revenue 990-1361
State II Landfill 13-14
State I Mosquito Control 15
Auto Inspection 92-115
Fine and Forfeiture 158-201
Road and Bridge 377-409
Fish Conservation 20-21
NE Lake Hosp. Ambulance 6
NW Lake Hosp. Ambulance 8
checks received
Two checks, one in the amount of $17.92 and one in the amount of $32.93, were accepted from the Supervisor of Elections for reimbursement for furnishing voters lists on the motion by Commr. Carson, seconded by Commr. Windram and carried unanimously.
There being no further business to bring before the Board, the meeting adjourned at 5:20 p.m.
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chairman
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Clerk