A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

OCTOBER 1, 1974

The Lake County Board of County Commissioners convened in regular session on Tuesday, October 1, 1974 at 9:00 a.m. in the Commissioners’ Room, Courthouse, Tavares, Florida.  The following members were present: James R. Carson, Jr., Chairman, Thomas J. Windram, C. A. Deems, J. M. Hoskinson, and Glenn C. Burhans.  Others present were:  James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Andrea Gambrell, Deputy Clerk.

The Invocation and Pledge of Allegiance was given by the Chairman.

minutes

On a motion by Commr. Windram seconded by Commr. Burhans and carried, the minutes of the regular meeting of September 10, 1974 were approved as amended.  Commr. Hoskinson was absent for the vote.

On a motion by Commr. Burhans seconded by Commr. Windram and carried, the minutes of the regular meeting of September 17, 1974, were postponed to a future meeting.

roads maintenance

Commr. Windram presented to the Board a check in the amount of $18 from Mr. James Harris of Gertrude Place in Mount Dora for the repair of a portion of road on a publicly dedicated right of way in front of his driveway.  On a motion by Commr. Windram seconded by Commr. Deems and carried unanimously, the Board accepted the check and authorized the work to be done when the County forces are in the area pursuant to road maintenance.

Mr. Roy Magus appeared before the Board regarding a road in the Pitman area.  Mrs. Grace Parker was present and briefed the Board on the history of the area.

Mr. Ford, County Attorney, stated that the dispute involved would have to be solved through private court action.  Commr. Burhans stated that he would contact the residents involved and try to remedy the problem.

road closings

On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried unanimously, the Board postponed the advertised road closing until 10:10 A.M.

At 10:10 A.M. the County Engineer presented to the Board a petition to close a portion of Hillcrest Street in the Shady Dells Subdivision.  The Clerk stated that proof of publication had been received and is on file.  The description of the road is as follows:

THAT PORTION OF HILLCREST STREET LYING WEST OF THE SOUTHERLY EXTENSION OF EAST LOT LINE OF LOT 1, BLOCK A, ACCORDING TO THE PLAT OF FIRST UNIT OF SHADY DELLS AS RECORDED IN PLAT BOOK 6, PAGE 19, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA.

 

On a motion by Commr. Windram seconded by Commr. Burhans and carried unanimously, this case was postponed until 10:30 A.M. on October 8, 1974, because the members had a question regarding access to a platted lot if this road was closed.

On a motion by Commr. Deems seconded by Commr. Hoskinson and carried unanimously, the Board approved advertisement to petition to close a portion of First, Second, Third, Fourth, Fifth, Sixth and Seventh Streets in the Phillipsburg Subdivision.

roads county

Mr. Fred Harpster appeared before the Board regarding the moving of DR 5-8871.  Commr. Deems stated that if this road was to be moved it would have to be of benefit to all the property owners.  Mr. Harpster was requested to confer with the County Engineer and the County Attorney on this matter.

On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried unanimously, the Board approved the cost estimate of Lakeland Avenue in Bassville Park as submitted by the County Engineer.  The Board authorized the work to begin after the residents’ share of the funds had been received by the County and after completion of the work it would be taken into the County Maintained System.  It was requested that the record show that the property in the area is predominately owned by individual homeowners.

On a motion by Commr. Burhans seconded by Commr. Windram and carried, the Board approved the Public Works Department to install 25 feet of culvert to remedy the drainage problem on #5-6828 subject to the proper easement being obtained.

On a motion by Commr. Windram seconded by Commr. Hoskinson and carried, the Board approved the cost estimate as presented by the County Engineer for Curelia Drive in Eustis, and authorized the Public Works Department to commence with the work after the residents’ portion of the funds had been received.  This road will be taken into the County maintained system after the work is completed.  Commr. Deems was absent for the vote.

schools

Commr. Windram presented to the Board a request from the Mount Dora Police Department for two “School Zone” signs and Crosswalks painted on Lincoln Avenue at Unser which is the portion maintained by the County.  On a motion by Commr. Windram seconded by Commr. Deems and carried unanimously, the Board approved the above request.

Commr. Windram presented to the Board another request from the Umatilla High School requesting assistance in the grading and claying of portions of the athletic field.  On a motion by Commr. Burhans seconded by Commr. Windram and carried unanimously, the Public Works Department was authorized to perform the necessary work in grading and claying portions of the Umatilla High School Athletic Field within the framework of the Road and Bridge schedule.

On a motion by Commr. Burhans seconded by Commr. Windram and carried, the Board approved the updating of School Crossings in the City of Eustis on Kurt Street.  Commr. Deems was absent for the vote.

ordinances

At 11:00 A.M. Michael Willett, Planning Director, presented to the Board the following Ordinances for the Board’s consideration.  The Clerk stated that proof of publication had been received and was on file.

On a motion by Commr. Windram seconded by Commr. Hoskinson and carried unanimously, the Board placed for its first reading Ordinance 1974-6 by title only as follows:

AN ORDINANCE AMENDING THE ZONING REGULATIONS OF LAKE COUNTY, FLORIDA, ORDINANCE 1971-6 AS AMENDED TO DATE, BY ADDING A NEW PROVISION REQUIRING CENTRAL SEWAGE FACILITIES BE LOCATED 100 FEET FROM ANY PROPERTY LINE AND TO INCLUDE A VEGETATIVE BUFFER OR DECORATIVE FENCING.

 

Discussion was held.  Points of discussion were the Board having the authority to review the site plans for Central Sewage Facilities and be able to vary the distance of the footage from the property line, have a minimum of 100 feet that the facility must be placed from a property line, and have at least a six foot chain-link fence around the structure.

On a motion by Commr. Deems seconded by Commr. Hoskinson and carried unanimously, the Board passed Ordinance 1974-6 on its first reading by title only as amended.

On a motion by Commr. Hoskinson seconded by Commr. Deems and carried unanimously, the Board placed for its first reading Ordinance 1974-7 by title only as follows:

AN ORDINANCE TO PROTECT THE PUBLIC HEALTH AND SAFETY OF THE CITIZENS OF LAKE COUNTY, FLORIDA, BY PROVIDING FOR:  THE CONSTRUCTION, MAINTENANCE, AND USE OF A COUNTY POUND AND REQUIRING:  IMPOUNDING AND PER DIEM FEES; THE VACCINATION OF DOGS; THE PURCHASE OF COUNTY LICENSE CERTIFICATIONS AND TAGS; THE EXEMPTION OF SEEING EYE DOGS; CONFINEMENT OF FEMALE DOGS IN HEAT; THE QUARANTINE OF CERTAIN ANIMALS; THE SEIZURE AND DESTRUCTION OF AT-LARGE, UNCLAIMED AND VICIOUS ANIMALS; THE TREATMENT OF INFECTED OR INJURED ANIMALS; PROHIBITING IMPROPER CARE OF ANIMALS; PROVIDING FOR THE OPERATION OF THE ORDINANCE WITHIN A MUNICIPALITY; VIOLATIONS OF ORDINANCE TO BE MISDEMEANORS.

 

Points of discussion from the people present at the meeting were the enforcement of the Ordinance, the price of the proposed tags, the purpose of recording the information, the position of the hunters and the conditioning they must give their animals prior to the hunting season.  The names and address of those citizens that appeared before the Board concerning this Ordinance are on record in the Board of County Commissioners’ Office at the Courthouse, Tavares, Florida.

On a motion by Commr. Deems seconded by Commr. Hoskinson and carried unanimously, the Board passed Ordinance 1974-7 as amended by title only.

maps and plats

On a motion by Commr. Windram seconded by Commr. Hoskinson and carried, the Board approved the recording of the Plat of North Harbor Acres and directed the Chairman and Clerk to sign same.  Commr. Deems was absent for the vote.

On a motion by Commr. Deems seconded by Commr. Hoskinson and carried unanimously, the Board approved for recording the First Replat of Royal Trails and directed the Chairman and Clerk to sign same.

recess and assembly

The Board adjourned for lunch at 12:45 P.M.  The Chairman announced that the Public and Press were invited to join the Commissioners for lunch on a Dutch-treat basis at the Chateau Restaurant.  The Board reconvened at 1:30 P.M.  Commr. Deems was absent for the afternoon session.

roads-state

The County Engineer presented to the Board a letter from the Department of Transportation requesting comment on the proposed detour of traffic to SR 44A while work is being done on the Blackwater Creek Bridge.  On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried, the Board requested the Engineer to write to the DOT stating that the Board of County Commissioners had no objection to this proposed detour.

Commr. Windram brought before the Board on behalf of Commr. Deems a letter regarding a flashing beacon on SR 33 and SR 48.  Commr. Windram stated that according to the minutes of October 2, 1973, no action was taken.  He requested that the Board submit a formal request to the DOT in the form of a Resolution for a study to be made to determine if a beacon light is warranted.  On a motion by Commr. Windram second by Commr. Hoskinson and carried, the Board adopted a Resolution requesting for such a study to be done.

contracts and agreements

Mr. Donoghue, County Engineer, presented to the Board a letter from the Standard Oil Company stating that they would be able to continue their contract with Lake County due to the emergency Allocation Petroleum Act at a slightly higher price for the coming year.  On a motion by Commr. Hoskinson seconded by Comm. Burhans and carried, the Board approved entering into the renewal and extension of the Standard Oil Contract.

Commr. Carson presented to the Board a letter and agreement from the Department of Community Affairs regarding available funds for the Lake County Legal Aid Society.  Commr. Carson stated that the Board had approved the concept of this organization about three weeks ago and this contract was sent to the Board for its approval of the grant application.  Due to the fact that it had to be returned to the Department of Community Affairs prior to the first meeting in October the Chairman stated that he signed the grant approval and mailed it to the proper authorities.  A copy of this Agreement is filed in the Contract file of 1974.

The Clerk presented to the Board an Agreement between Lake County and the Department of Health and Rehabilitative Services regarding the Cadet Program.  There was a letter informing the Board that the State would reimburse Lake County for its share of the funds to operate this program.  On a motion by Commr. Burhans seconded by Commr. Windram and carried, the Chairman and Clerk were directed to sign the Agreement as set by the Department of Health and Rehabilitative Services.

public health

Commr. Carson presented to the Board a letter from the Department of Health and Rehabilitative Services regarding the monetary refund for the services of the Medical Examiner.  This was referred to Mrs. Doris Babb.

state agencies

Commr. Carson presented to the Board a letter from the Department of Community Affairs regarding a grant approval or disapproval for the Lake Community Action Association.  This was referred to Mr. Hayes.

sheriff

On a motion by Commr. Windram seconded by Commr. Hoskinson and carried, the Board approved the request from the Sheriff for 1/12 of his Budget for the 1974-1975 Fiscal Year.

licenses and permits

Commr. Carson presented to the Board a letter from the United States Department of Agriculture Forest Service stating that the Special Use Permit is amended to include claying County Roads in addition to Forest Service Road 72.

Commr. Windram presented to the Board three gun permits for persons at the Atlantic Bank of Eustis.  On a motion by Commr. Windram seconded by Commr. Hoskinson and carried, the Board approved gun permits for W. K. Haight, Bette Sue White and Bette Kennedy.

On a motion by Commr. Windram seconded by Commr. Burhans and carried, the Board directed the Chairman to sign the Special Use Permit for Alco Road #5-9587.

county employees

On a motion by Commr. Hoskinson seconded by Commr. Windram and carried, the Board approved the annual leave for Michael Willett, Planning Director, from October 16-29, 1974.

appointments

Commr. Carson appointed Commr. Windram to fill the Chairman’s position on the Canvassing Board to convene at 9:00 A.M. on October 2, 1974, in the Office of the Supervisor of Elections, Courthouse, Tavares, Florida.

building department

Mr. Glenn Middleton, Building Official, appeared before the Board and stated that he had been contacted by some of the municipalities requesting that the County take over their Building Inspections.  He reported to the Board that the County does the Building Inspection for Howey and they are required to conform to the certain specifications regarding this matter.  The Board stated that if the other municipalities wished to have the County do this work for them they will have to conform to the requirements necessary and be willing to pay for this service.

bids

The County Engineer reported to the Board that the Company that the County use under contract with for the MVI Uniforms as now under new ownership.  He reported that the quality of the uniforms were not the same.  On a motion by Commr. Windram seconded by Commr. Burhans and carried, the Board authorized the Engineer to advertise for bids for uniform service.

road material

Mr. Donoghue, County Engineer, stated that McCain Sales bid had been accepted and was to supply the County with a certain portion of its sign materials.  However, the prices quoted were firm for only 90 days and requested permission to stockpile as much as possible for the next 90 days.  This met with no objection from the Board.

On a motion by Commr. Hoskinson seconded by Commr. Windram and carried, the Board approved obtaining free clay from Bob Wade Ford in Clermont subject to the Hold Harmless Agreement being signed as outlined by the owner.

Commr. Hoskinson stated that upon advice from the County Attorney he wanted it in the record that he has recently purchased an automobile from Bob Wade Ford.

county buildings

The Clerk presented to the Board a letter from the Division of Youth Services stating that the contract on the Youth Services Building could not be executed until the two fire violations were remedied.  James C. Watkins, Clerk, informed the Board that this had been corrected.

elections – general and primary

On a motion by Commr. Windram seconded by Commr. Hoskinson and carried, the Board approved the payment of $10,432.62 to the Clerk’s and Inspectors for their service at the designated polling places on September 10, 1974.

Discussion was held regarding the voting on Fire Districts for Lake County and the taxing of them.  On a motion by Commr. Burhans seconded by Commr. Windram and carried, the Board approved placing a straw vote on the November 5, 1974, Ballot worded as follows:

1.     Do you favor the creation of Tax Districts for Fire Protection with the power to levy taxes up to 3-1/2 mils ($3.50 per $1,000 Tax Assessment valuation) on all property within the taxing district?  YES or NO

 

2.     Do you favor the creation of Tax Districts for Fire Protection with the power to levy taxes up to 3-1/2 mils ($3.50 per $1,000 of Tax Assessment) on all buildings and constructed improvements within the taxing district and a lesser milage and levy on farm or unimproved lands.  YES or NO.

 

Commr. Hoskinson voted “no” because he thought that the milage was too high.

 

insurance

On a motion by Commr. Windram seconded by Commr. Burhans and carried, the Board approved the advertisement of insurance bids for October 15, 1974, at 10:00 A.M.

communications

Commr. Carson read a letter from a resident on Lake Catherine thanking the Board for its attention to the Hyacinth on that lake.

right of way – roads

The Clerk presented to the Board a County Deed, Resolution, and Temporary Construction Easement and Right of Way Map for State Road 33 and 50.  Mr. Larry Morey, Assistant County Engineer, stated that these were regular forms that had to be approved and signed before the DOT began work on the project.  On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried, the Board authorized the Chairman, Clerk and any or all Commissioners to sign and complete the necessary forms.

machinery and equipment

Mr. Donoghue stated that as of October 1, 1974, all open-bed trucks had to be covered.  He reported that the Department had not purchased the manually operated frame needed to lift the canvas over the open-bed truck.  On a motion by Commr. Windram seconded by Commr. Hoskinson and carried, the Board declared an emergency and approved the purchase of the manually operated frames in the amount of $5,694.00.

animals

On a motion by Commr. Burhans seconded by Commr. Hoskinson and carried, the Board approved that the total cost for the fencing needed at the animal shelter be changed from $300 to $385.

appraisals

The Clerk presented to the Board an appraisal from D. Carl Smith, Realtor and Appraiser, of the portion of road in Howey which is deeded to the County and which the Mission Inn and Country Club would like to purchase.  On a motion by Commr. Windram seconded by Commr. Burhans and carried, the Board accepted the appraisal and approved for the land to be sold at the price of $100 or more at a public auction on November 5, 1974 at 10:00 A.M. in the Commissioners’ Room, Courthouse, Tavares, Florida.

bonds

On a motion by Commr. Hoskinson seconded by Commr. Windram and carried, the Board approved the following Contractor Bonds:

13-75               Ted Love Carpenter and Contractor

99-75               Dean H. Guerry dba Guerry Cabinet

122-75             Clarence F. Thomas (Plumbing)

225-75             Neely Dillon dba Dillon Septic Tanks and Concrete

323-75             Stanley Ruff dba Artcraft Heath Sign Company

550-75             Arthur Henry Lee (Painting)

616-75             Don Andrews (Electrical)

624-75             Ronald R. Drueger dba Ron’s Mobile Home Service

628-75             Lamar Mathis dba Lamar Mathis

770-75             W.C. Halback dba Wall Plumbing and Heating Inc.

801-75             James L. Stinson dba Stinson’s Electric

799-75             Robert L. Corron

915-75             David A. Perry dba Allan Electric Co., Inc.

975-75             James H. Hoover (Electrical)

966-75             Joseph F. Furrer dba Coolway, Inc.

1100-75           Arthur Jones (General)

1135-75           Charles C. Iden (General)

1216                Charles R. Eshbaugh dba R & J Paint Contractor

1217                Jimmy F. Gobble (Roofing Contractor)

1218                Larry D. King (Mechanical)

1219                William R. Capranicia dba Quality Electric

1220                Larry I. Smith dba Smith Drywall

1221                Rita A. Henry (Masonry)

 

On a motion by Commr. Windram seconded by Commr. Hoskinson and carried, the following Contractor Bonds were cancelled:

185-74             Bill Rector

390                  T. Graham Phillips (Electrical)

425-74             William Frederick Jackson

474-74             Mr. William Jarrett dba Bill’s Aluminum

498                  Bert R. Moore (Painting)

779                  John M. Shearer dba Shearer Electric Co.

855-72             Jimmie Terrell dba Triplet Cabinets

929-74             James F. Rhodes, Jr., dba Venetian Marble and Tile

971-74             John H. Holland dba Tri-County Aluminum

1035                Paul E. Day (Building)

1039                Clair E. Lewis (Building)

1095                Raymond E. Olds (Carpenter)

1135                Charles C. Iden

1157                William S. Eisenbrandt, Jr. and Son

 

state attorney

On a motion by Commr. Hoskinson seconded by Commr. Windram and carried, the Board approved the payment of $100 to the State Attorney Office for the purchase of stamps, subject to the County Attorney researching the State Statute regarding the County’s responsibility to this office.

accounts allowed

On a motion by Commr. Burhans seconded by Commr. Windram and carried, the Board approved the payment of $3,000 to the Clerk for the payment of State Trial Witnesses.

On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried, the Board approved the following petty cash warrants:

$50.00 to the Road and Bridge Fund in the Finance Department

$50.00 to the General Revenue Fund in the Finance Department

$50.00 to the Building Department

$25.00 to the Planning Department

 

On a motion by Commr. Burhans seconded by Commr. Hoskinson and carried, travel was approved for the temporary clerk in the Veterans Service Office to travel to the Veterans Service Officer Mid-Winter Conference at the Sheraton-Bel Air Motel in St. Petersburg, Florida on October 9-11, 1974.

accounts-other

On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried, the Board approved the cancellation of Warrant #2964 in the amount of $150.

On a motion by Commr. Windram seconded by Commr. Burhans and carried, the Board decided that it was not within their authority to approve payment of the medical bill to Doctor Boggus for the treatment of a scratched arm of an Animal Shelter Volunteer.  Commr. Hoskinson voted “no.”

There being no further business to be brought before the Board, the meeting was adjourned at 5:55 p.m.

 

 

_________________________________

 chairman

 

___________________________

Clerk