A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

AUGUST 13, 1974

The Lake County Board of County Commissioners convened in regular session on August 13, 1974 at 9:00 a.m., in the Commissioners’ Room, Courthouse, Tavares, Florida.  The following members were present: James R. Carson, Jr., Chairman; C.A. Deems; J.M. Hoskinson; Thomas J. Windram; and Glenn C. Burhans.  Others present were:  James C. Hunter, Deputy Clerk; Christopher C. Ford, County Attorney; and Andrea Gambrell, Deputy Clerk.

The Invocation was given by Evan Porter, Deputy Clerk, and the Pledge of Allegiance was led by James R. Carson, Jr.

planning and zoning

The Chairman brought to the attention of the Board that he had received a letter from Glenn Y. Middleton, Building Official, concerning recommendations to the Board of Examiners.

On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, the Board appointed the following persons to serve on the Board of Examiners:  James Sheddon (reappointment), Jesse Dooley (reappointment), Herb Spell, John H. Moore, Robert Eubanks, and Robert Hamel.

On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the appointment of Seldom Hanks to replace Mr. Morton Barns on the Board of Examiners to take effect at the beginning of the new term.

On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, a resolution was adopted commending Mr. Morton Barns for his service while appointed to the Board of Examiners.

county property

Mr. Steve Kelly appeared before the Board inquiring about the rules and regulations governing a rock concert at the Lake County Fairgrounds.  The County Attorney covered briefly the highlights of the County Ordinance regarding concerts of this type.  However, after discussing with Mr. Kelly the number of tickets he would have printed and the duration of the concert, the County Attorney stated that this Ordinance did not affect their venture and the only regulations he would have to adhere to would be those of the Fairgrounds and the regulations of the Eustis Police Department with regard to such entertainment.

indigents

On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, the following changes were approved on the Indigent list:           

CANCEL        George Hull for Carl Powell              Dist #3                        $60.00

ADD                Dalton Payne for E. Williams            Dist #2                        $75.00

ADD                Mary Sanders for Walter Mays         Dist #1                        $60.00

ADD                Ben Christy for H. Williams              Dist #1                        $40.00

 

safety council

Mr. James C. Hunter, Deputy Clerk, reported to the Board on the Safety Study Program available to the counties through the Governor’s Highway Safety Council.  He stated that an application must be submitted before July 1, 1975 to be included in the program for the State’s next fiscal year.  Mr. Hunter added at this time that the County was too late to be included in the 1974-75 program.  On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, the County Engineer was designated the Agent for the County to make application to the Governor’s Highway Safety Council for a traffic study to be made in Lake County.

appropriations

Mr. Evan Porter, Deputy Clerk, appeared before the Board to report on his meeting with Mr. Tom Hardy, State EEA Administrator.  Mr. Porter stated that he was advised that the best way to transfer the available funds to the municipalities would be to place them in direct contact with Mr. Hardy and his staff.  Mr. Porter informed the Board that Leesburg was receiving separate funds in the amount of $99,500.  This would in no way alter the original amount allocated to Lake County in the amount of $103,040.00.

On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, Lake County relinquished its claim on the EEA Funds that are available to the County in order for these funds to be made available to the municipalities who are willing and able to qualify under the State Regulations and Rules for the distribution and use of the money, and that the Clerk’s staff cooperate with the cities in assisting them in any way possible.

At this time Commr. Carson stated that he had spoken with Glyn Faircloth regarding the CETA I Program.  Commr. Carson said he would like the Board to officially designate Mr. Faircloth the Administrator of this program.  On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, the Board designated the Florida Department of Commerce, specifically its Division of Florida State Employment Service to be the Administrative Agent for the entire CETA I Program which consists of thirty-three vocational training slots plus six on-the-job training slots.

Mr. Evan Porter reported on the CETA II Program at this time.  He stated that Lake County is allocated $252,000.00 of which five percent of this may be used for administration.  Commr. Carson gave a brief outline of the program.  Mr. Porter discussed with the Board the desired goals of the program.  On motion of Commr. Burhans, seconded by Commr. Hoskinson and carried, the Board designated the Clerk’s Office to be the coordinator of the CETA II Program for the hiring of employees for budgeted County positions.  Commr. Hoskinson voted “no.”

county employees

Michael Willett, Planning Director, presented to the Board a letter from William L. Dubbs to Glenn Y. Middleton requesting permission to take the State Exam for the Florida Construction Industry Licensing Board for a Class B Contractor’s License and the County pay for the examination cost of $150.00.  On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the above request with the County paying the examination cost, subject to Mr. Dubbs entering into an employment contract with Lake County for 12 months.

east central florida regional planning council

Commr. Hoskinson brought to the attention of the Board the position being vacated by Mr. Charles Strickland on the East Central Florida Regional Planning Council Board.  On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, Mr. Dan Robuck, Attorney, was appointed to fill the vacated position of Mr. Charles Strickland effective immediately.

On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, a resolution was adopted commending Mr. Strickland for his service while on this Board.

On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, Mrs. Nancy Crissinger was appointed as alternate for Michael Willett, Planning Director, on the Project Review Board.

recess and assembly

The Chairman announced the Board would recess for lunch and reconvene at 3:00 p.m.  The Chairman invited the press and public to join the Commissioners for lunch at Bittners on a Dutch-treat basis.

ordinances

Mr. Michael Willett, Planning Director, appeared before the Board to answer any questions the Board may have regarding Ordinance 1974-2 amending the Zoning Rules and Regulations regarding setbacks.  James C. Hunter, Deputy Clerk, stated that this public hearing had been properly advertised and proof of publication was on file.

The Chairman asked if there was anyone present in the audience who would like to speak to the Board concerning this Ordinance.  Mr. John Burgess appeared before the Board and stated that he was in favor of the change.

On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, Ordinance 1974-2 was placed on first reading by title only as follows:

an ordinance amending the zoning regulations of lake county, florida, ordinance 1971-6, by amending structure setbacks as follows:  delete “property adjacent to state; federal and county streets, roads, or highways shall maintain a fifty (50) foot setback line from the highway right of way for any structure except signs which shall maintain a twenty five (25) foot setback”, in the following paragraphs 60.140, 61.140, 62.140, 63.140, 64.140, 645.140, 65.140, and 67.140.  and insert the following: “property adjacent to state and federal highways shall maintain a fifty (50) foot setback on the highway right of way for any structure except signs which shall maintain a twenty five (25) foot setback.  property adjacent to roads other than state or federal highways shall maintain, for any structure, a setback of sixty two (62) feet from the center line of the roadways, or twenty five (25) feet from the road right of way, whichever is greater.”  delete:  in the case of easements for ingress and egress however, stated the setback shall be sixty two (62) feet from the center line of such easements from the following paragraphs:  60.141, 61.141, 62.141, 63.141, 64.141, 645.141, and 67.141.  and insert the following:  in the case of easements for ingress and egress, where such easements have been legally created, the setback shall be sixty two (62) feet from the center line of such easement.

 

On motion of Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously by those present, Ordinance 1974-2 was approved on first reading by title only.

On motion of Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously by those present, Ordinance 1974-3 regarding Mobile Homes was postponed until August 20, 1974 at 11:00 a.m.  No one appeared before the Board objecting to the postponement.

zoning

zv 74-51 – bernice dryer

Mrs. Bernice Dryer appeared before the Board on her own behalf.  On motion of Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously by those present, the Board declared Mrs. Dryer in violation and given 30 days to comply with Ordinance 1971-6.

zv 74-52 – randy r. turner

No one appeared regarding this case.  On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, Mr. Turner was found in violation and given 30 days to comply with Ordinance 1971-6.

zv 74-53 – john r. baker

Mr. Baker appeared before the Board on his own behalf.  Mr. Michael Willett, Planning Director, was present and stated that Mr. Baker had mobile homes on his property but that he was in violation due to the number of mobile homes he had on each lot.  Mr. William Henderson, Code Enforcement Officer, stated that Mr. Baker was not the only one present that was cited for the same violation.  It was the Board’s opinion that these cases should be postponed until the Planning Department had time to check into the matter further and report to the Board definite recommendations.  On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, Zoning Violations 74-53, 54, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, and 67 were postponed until September 10, 1974 at 2:00 p.m.

zv 74-68 – harold parks

No one appeared before the Board regarding this case.  On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried, Mr. Parks was found in violation and declared a public nuisance and given 30 days to obtain a contract which would bring the building in question up to the standards of the Southern Building Code or make arrangements to have it demolished, otherwise it will be brought to the Building Official for it to be condemned and torn down.

zv 74-71 – gary n. brown

No one appeared before the Board regarding this case.  On motion of Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously by those present, the Board found Mr. Brown in violation and declared him a public nuisance and gave him 30 days to comply with Ordinance 1971-6.

zv 74-72 – don driggers

Mr. Driggers appeared before the Board and stated that the property in question was held up in the legal proceedings and requested that he be given a little more time to settle this matter.  On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, action was postponed for 30 days.

sheriff

Commr. Carson presented to the Board a letter from Sheriff Guy C. Bliss.  The Sheriff states that due to rising cost of foods and materials he requests approval to increase the Booking Fee to $2.50 and the Housing Fee to $7.50 per day.  On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the increases as requested by the Sheriff’s Department effective October 1, 1974.

tax collector

On motion of Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously by those present, the Board approved the payment of $32.07 to T. Keith Hall, Tax Collector, for redemption of two tax certificates from Arthur Hutt which certificates were liens on property belonging to the County.

insurance

Mr. James C. Hunter, Deputy Clerk, presented to the Board a letter from the Law Firm of Robertson, Williams, Duane and Lewis, regarding the suicide death of Charles D. Posten.  On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, this matter is to be turned over to the County Insurance Agent.

licenses and permits

On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, the following Utility and Driveway Permits were approved:

Permit No.      Permittee                                Purpose                                   Road

631                  Florida Telephone Corp.        Buried Cable                           4-6280

632                  Florida Telephone Corp.        Buried Cable                           5-5929

634                  Florida Telephone Corp.        Buried Cable                           4-5174

635                  Florida Telephone Corp.        Buried Cable                           4-5478

636                  Florida Telephone Corp.        Buried Cable                           4-5174

638                  Florida Telephone Corp.        CXR Site                                 2-1604

640                  Florida Telephone Corp.        Buried Cable                           S-561A

642                  Florida Telephone Corp.        Buried Cable                           3-1741

643                  Florida Telephone Corp.        Buried Cable                           5-6655

644                  Florida Telephone Corp.        Buried Cable                           2-2005

645                  Florida Telephone Corp.        Buried Cable                           S-439

646                  Florida Telephone Corp.        Buried Cable                           2-1629

661                  Florida Telephone Corp.        Subgrade Cable Crossing       S-468

662                  Florida Telephone Corp.        Buried Cable                           2-4705

1-206               Sumter Electric Corp.            Power Line                             S-466A

2-212               Sumter Electric Corp.            Power Line                             2-1213

2-213               City of Mascotte                     Water Lines                            2-1310

2-214               City of Mascotte                     Water Lines                            Orange Street

4-205               Sumter Electric Corp.            Power Line                             4-5781

5-201               Sumter Electric Corp.            Distribution Line                    5-7581

 

Driveway Permits

Zeke L. Evans                                                                                                 4-4161

H.W. Hall                                                                                                       S-44A

Douglas W. Braun                                                                                          1-5913

Joyce McCoy                                                                                                  SR-439

Frank A. Mavis                                                                                               S-44A

Danny Dowless                                                                                               S-466

Winter Park Federal Savings and Loan Assoc.                                             Eudora Road

                                                                                                                       

deeds

On motion of Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously by those present, the Board approved the release of Murphy Act Deed No. 2467.

On motion of Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously by those present, the Board approved the release of Murphy Act Deed No. 2849 and No. 2855, but would retain a 50 foot right of way.

On motion of Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously by those present, the Board approved the release of Murphy Act Deed No. 2706.

county employees

Commr. Carson brought to the attention of the Board a letter from William Hennessey, Acting Pollution Control Director, regarding school attendance for Mr. Kenneth Wicks during the day.  On motion of Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously by those present, the Board approved the attendance of day school for Mr. Kenneth Wicks provided the time loss during the week in his job be made up within the week it is taken.

right-of-way – easements

On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved an easement for Sumter Electric on the County Clay Pit in Astatula.

road-names

Mr. Michael Donoghue, County Engineer, stated that he had been contacted regarding a name change of a street in the Hill Subdivision.  The Board requested Mr. Donoghue to inform the residents that before the County is able to change the name of a street it must receive a petition with the signatures of 100 percent of the residents stating that they have no objections to the changing of the street name.

roads-county

The County Engineer presented a letter from the Florida Baptist Encampment, Inc. requesting 25 loads of fill dirt to rebuild its road through their grounds.  The Board requested the County Engineer to write to Rodney B. Small, Camp Director, and tell him that the County is unable to assist private organizations in this manner.

The County Engineer informed the Board that he had worked up a cost estimate for the repaving of Oak Lane and Habor Drive in Picciola Harbor.  The total cost would be $7,686.00 of which $2,562 would be paid for by the County and $5,124 by the residents.  On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the cost estimate and instructed the County Engineer to notify the residents of their share of the cost and that the work was to begin after the funds had been received by the Finance Department.

The County Engineer is to inspect the roads before taken into the County maintained system.

Mr. Donoghue reported that it would cost $293.00 to fix Fifth Street in Astor.  On motion of Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously by those present, the Board approved the repair of this road if the cost of the repair is paid for by the residents.

Mr. Donoghue reported that the roads in Orange Blossom Trail were up to County standards and recommended that they be taken into the County maintained system.  On motion of Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously by those present, the above roads were approved to be taken into the County maintained system.

contracts and agreements

The County Attorney, Christopher C. Ford, presented the contract with the State regarding the building being used by the Division of Youth Services.  He stated that it met with his approval.  On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the contract and authorized the Chairman and Clerk to sign.

communications

Commr. Carson presented a letter to the Board from Samuel P. Tousignant objecting to the action taken by the Planning Commission regarding a private airstrip in the Pine Hill Subdivision.  This letter was referred to Michael Willett.

Commr. Carson brought to the Board’s attention a letter from the Department of Transportation acknowledging receipt of the Board’s resolution concerning the drainage problem on SR 44B, Donnelly Street in Mount Dora.

bonds

On motion of Commr. Burhans seconded by Commr. Hoskinson and carried unanimously by those present, the following Contractor bonds for Certificates of Competency were approved:

1204                Richard L. Walker dba Vihlen Electric

1206                Howard N. Benton dba Benton Electric

1207                Leonard R. Goodwin (plumbing)

1208                Kenneth E. Thomas dba Thomas Aluminum

 

On motion of Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously by those present, the following Contractor bonds were approved for cancellation:

9                      Henry W. Walker, Jr. (general)

106                  R. G. Pohlman (building)

138                  Lyle Tinny dba Tinny & Sons

239                  Luther B. Johnson

449                  Jack Eichenburg dba Cee Jay Concrete

455                  James Sampson (painting)

774                  Joseph L. Abrams dba King Mechanical

830                  Wayne Whiddon dba Whiddon’s Masonry

963                  Carl S. McClellan dba Florida Shingle & Hot Roof

1040                Arwood Hollins (heating, air and ventilation)

1087                John H. Moore dba Dixie Mechanical, Inc.

 

On motion of Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously by those present, the following Deputy Sheriff bonds were approved:

John C. Macafee                                             William H. R. Landis

P. D. Church                                                   Darvin L. Aldrich

Edward St. Germain                                       Charles J. Griner

Luther Gay                                                      Yvonne Noling

Prentice Tyndal                                              Curtis W. Heard

W. H. Bill Rickles                                          Robert Spears

Jesse S. Burrow                                              Jerry L. Gehlbach

 

ACCOUNTS

Mr. J. Carl Smith, Executive Director of the Lake County Chamber of Commerce, appeared regarding the purchase of table and chairs for the Exposition Building.  He stated that George Stuart is having a sale on the items that are needed.  He assured the Board that he had contacted suppliers and they confirmed that the price at which these items were on sale were the lowest prices in the area.  On motion of Commr. Hoskinson seconded by Commr Burhans and carried unanimously by those present, Mr. J. Carl Smith was authorized to purchase the following items:

500 chairs @ $3.99 each                                                        $1,995.00

10 chair trucks @ $49.47 each                                                   494.70

66 tables @ $40.73 each (30x96)                                            2,688.18

6 table trucks @ $53.77 each                                                      322.62

 

Mr. Smith was instructed to check with the Finance Department to make sure that there would be no budgetary problems with this purchase.

On motion of Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously by those present, the Board approved the payment of $19,732.19 to T. Keith Hall, Tax Collector for his commissions.

On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved to pay the Leesburg Utilities for the offices of the Lake Memorial Nursing Home, State Attorney’s Office, Public Defender, Motor Vehicle and the County barn, on a flat rate basis as recommended by the Finance Department subject to annual adjustments.

On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the employment of a substitute secretary during Mrs. Gebhardt’s vacation at $2.50 per hour in the Mosquito Control Department.

On motion of Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously by those present, the Board approved the purchase of two desks and two chairs for the Municipal Department at a total cost of $520.72.

On motion of Commr. Hoskinson, seconded by Commr. Burhans, and carried unanimously by those present, the Board approved the purchase of an adding machine for the Municipal Department at $170.55 being the lowest and best price of four quotations.

On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the purchase of a calculator for the Finance Department at $286.35 being the lowest and best price of five quotations.

On motion of Commr. Hoskinson seconded by Commr. Burhans and carried unanimously by those present, the Board approved travel of Evan Porter to Tallahassee on August 9, 1974, regarding the EEA and CETA II Funds.

On motion of Commr. Hoskinson seconded by Commr. Burhans and carried unanimously, the following vouchers were approved for payment:

General Revenue                                                        2319A  - 2607

State II Mosquito                                                        32  - 35

Auto Inspection                                                          213 – 241

State I Mosquito                                                         10

Fine and Forfeiture                                                     351 – 386

Road and Bridge                                                         861 – 955

Capital Outlay Reserve (County Buildings)              6

Northeast Lake County Hospital District                  8

Northwest Ambulance Fund                                      13 – 14

Construction Trust Fund                                            15 - 16

 

 

 

_________________________________

james r. carson, jr., chairman

 

___________________________

James C. Watkins, Clerk