A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

january 16, 1975

The Lake County Board of County Commissioners convened in regular session on Tuesday, January 16, 1975, at 9:00 a.m., in the Commissioners’ Room, Courthouse, Tavares, Florida. Present were: J. M. Hoskinson, Chairman; Thomas J. Windram; C.A. “Lex” Deems; Glenn C. Burhans; and James R. Carson, Jr. Others present were: Christopher C. Ford, County Attorney; and Andrea Gambrell, Deputy Clerk.

The Invocation and the Pledge of Allegiance was led by Commr. Carson.

communications

Commr. Carson presented to the Board a letter from the State of Florida Department of Revenue stating that due to the economic conditions affecting Intangible Tax receipts, the Estimating Committee has projected an additional $1,000,000 decrease in Intangible Taxes for revenue sharing for the fiscal year 1974-1975. The Board requested that a copy of this be given to the Finance Department.

Commr. Hoskinson presented to the Board a letter from the St. John’s Water Management District requesting that a liaison between the District and the Board of County Commissioners be appointed to serve on this Board. Commr. Hoskinson appointed Commr. Carson to serve in this capacity.

Commr. Hoskinson brought to the attention of the Board an upcoming meeting in Tallahassee regarding the 1980 census. He suggested that someone from the Planning Department be appointed to attend this meeting. Commr. Deems will contact the Planning Department regarding this matter and report back to the Board.

state agencies

Mr. Burhans stated that there is going to be a meeting of the Manpower Advisory Board at the Seminole County Courthouse in Sanford and would like authorization for Evan Porter, Administrative Deputy Clerk, to attend. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, travel was approved for Evan Porter to attend the above-mentioned meeting on January 20, 1975.

accounts allowed

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved travel for Mary Valentine to attend the Advanced Seminar on Programming and Budgeting for the Civil Defense Department in Sebring on February 3 & 4, 1975.

schools

Commr. Windram stated that he had been contacted by the Tavares High School requesting approximately six loads of sand and six loads of clay for its ball field. Commr. Windram informed the Board that the County would not be responsible for the spreading of the sand and clay. On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the above request by the Tavares High School. The property that this clay and sand will be placed on belongs to the School Board and is available for public use.

tax valuation and equalization

Commr. Carson informed the Board that the Board of Tax Adjustment had completed its hearings and that the Tax Assessor would not be protesting any of the changes made. He further stated that the Tax Bills may be in the mail within thirty (30) days.

road closings

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the advertisement for the vacation of Poinsettia Avenue in Sunset Park Subdivision to be heard by the Board on February 4, 1975 at 10:00 a.m.

county agents

Mr. Donoghue, County Engineer, presented to the Board a request from Fred Bollenberg, Veterans Service Officer, for the following identification signs to be used for the offices that have been relocated from the Pioneer Building:

VETERANS SERVICE OFFICE – CHECK IN HERE

ASST. VETERANS SERVICE OFFICE

VETERANS SERVICE OFFICER

EMERGENCY PLANNING (Civil Defense)

LAKE COUNTY WATER AUTHORITY

LAKE COUNTY SAFETY COUNCIL

SENATOR JIM GLISSION – LEGISLATIVE OFFICES

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved for the Public Works Department to have the above-mentioned signs made with a change in the last sign which will read LEGISLATIVE OFFICES.

LICENSES AND PERMITS

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the following Utility and Driveway Permits:

PERMIT NO. PERMITEE PURPOSE ROAD

665 Florida Telephone Corp. Buried Cable 1-6602

2-217 City of Leesburg Service Line S-468

2-218 City of Leesburg Force Main S-44A

4-207 Florida Gas Company Gas Main & Service Line 4-4955

1-201 City of Leesburg Aerial Circuit 1-5433

driveway permits

Oneal Construction Co. 1-4518

Oneal Construction Co. 1-6304

Roy L. Wolff 2-5007

Posey Kise 3-3143

Albert Godeke S-19A

county employees

Mr. Donoghue requested permission for Arthur Tucker to attend Lake Sumter Community College two hours a week. Mr. Donoghue assured the Board that his absence would not hold up any projects that he would normally be working on during this time. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved Arthur Tucker’s attendance of a course at Lake Sumter College for one semester at two hours a week provided he make up the work time lost.

roads – county

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved for two (2) cattle crossing signs to be placed on Sloane Ridge Road (DR 2-1503) which is a County-maintained road.

maps and plats

Commr. Deems reported to the Board on the meeting regarding the Subdivision Escrow Agreements. He recommends that a check list type procedure would be used with a copy of the plat, Engineer’s letter, Planning Director’s letter, County Attorney’s letter, copy of performance bond, Escrow Agreement, copy of a one year quality bond and a copy of the check list to be given to the Clerk for the Board’s records. He stated that there would be no further escrowing on a per lot basis. The money for the construction of public improvements should be in cash escrow held by the County or in a performance bond for the full cost (full cost being 110 to 120 percent of the estimated expenses). However, it could be on a phase basis, but before any particular phase receives final approval for recording of the plat, there must be either actual improvement installed or full cash or bond completion guarantees. On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board adopted the new procedure for the handling of Escrow Agreements as presented by Commr. Deems.

road closings

Commr. Carson brought to the attention of the Board a letter from Subin, Shams, Rosenbluth & Morgan, Attorneys at Law, requesting a rehearing on the closing of a prescriptive road in Section 14, Township 20 South, Range 24 East. Discussion was held.

Commr. Carson stated that Mrs. Saunders, whose property borders this road should be contacted before any action is taken. Commr. Carson will talk with Mrs. Saunders and report back to the Board her feelings.

courthouse

Mr. Ford, County Attorney, presented a copy of Mr. Carl Duncan’s appraisal of his property. He stated that he would like a commissioner to accompany him when he speaks to Mr. Duncan. Commr. Hoskinson requested Commr. Deems assist Mr. Ford regarding this matter.

outdoor recreational facilities

Mr. Michael Willett, Planning Director, and Mrs. Nancy Chrissinger appeared before the Board regarding funds that are available for Boating Improvements. Mrs. Chrissinger stated that they had a variety of projects for which these funds could be used. The Board requested that this proposal be reworked including the use of some of these funds for County facilities. Mr. Willett stated that they would be glad to work up a two-year proposal to present to the Board. Mrs. Chrissinger and Mr. Willett will return to the Board on February 18, 1975 at 11:00 a.m.

ordinance

At 11:00 a.m. the Chairman announced that it was time for the third reading of the Animal Control Ordinance.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board placed Ordinance 1975-1 on for its third and final reading by title only:

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 CERTIFICATES 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.

No one appeared before the Board in opposition or in favor of this Ordinance.

Mrs. A. Turner; Mrs. Peggy Hasley; Mr. C.M. Ganann, Animal Control Officer and Mrs. Dorothy Gross, Director of the Animal Shelter, appeared before the Board. Points of discussion were: when will the Ordinance go into effect, the difficulty of catching vicious animals, the importance of having tags to locate the owner of the animals.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board adopted Ordinance 1975-1 on its third and final reading as amended by title only.

recess and reassembly

At 12:00 Noon the Chairman announced that the Commissioners would have lunch at the Chateau Restaurant and that the public and press are invited on a Dutch-treat basis. The Board reconvened at 2:00 p.m.

zoning

zoning violation 74-85 - c.v. griffin groves

Mr. C. A. Duncan, Attorney, appeared before the Board and stated that his client had stopped using the property in question as a landfill. He stated that he and his client, Mr. C. V. Griffin, were in the process of obtaining the necessary permit which would allow him to use this land as a landfill. The Board stated that this would have to be covered, even though they were in the process of obtaining permission to use this land as a landfill. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board gave Mr. Griffin 90 days to cover the property he had previously been using as a landfill.

zoning violation 74-87 – talmage s. fussell

Mr. Skipper Babb, Attorney, appeared before the Board on behalf of his client Mr. Talmage S. Fussell. He requested that this case be postponed to enable him to file the necessary papers for a zoning variance. On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, this case was postponed until March 13, 1975 at 2 p.m. or as soon thereafter as possible.

zoning violation 75-2 – ruby deal

No one appeared before the Board regarding this case. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, Ruby E. Deal was found in violation and declared a public nuisance and given 30 days to comply with Ordinance 70-1.

zoning violation 75-1 – evelyn kerchofer

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board found Evelyn Kerchofer in violation, declared her a public nuisance and gave her 30 days to comply with Ordinance 71-6.

zoning violation 75-3 – J.F. Williams

Mr. J. F. Williams appeared before the Board regarding this case. He stated that the truck in question would be moved to a new location within the next couple of months. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board found Mr. Williams in violation and declared him a public nuisance and gave him 90 days to comply with Ordinance 70-1.

zoning violation 75-4 – gene a. george

Mr. George appeared before the Board and stated that he was having problems getting delivery on the fence the he had ordered. He stated that he was having it shipped from Chicago and should be able to get it up in about two weeks. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board found Mr. George in violation and declared him a public nuisance and gave him 30 days to comply with Ordinance 1971-6.

zoning violation 75-5 – marjorie goodbread

No one appeared before the Board regarding this case. On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, Marjorie Goodbread was found in violation and declared a public nuisance and was given 30 days to comply with Ordinance 71-6 and 70-1.

zoning violation 75-7 – samuel rednour

Mr. Rednour appeared before the Board regarding this case. He stated that the trucks in question were driven back and forth to work by his sons who lived at home. No action was taken by the Board on this case because there was no code prohibiting the parking of commercial vehicles on an owner’s property when the vehicles are used to drive to and from a place of business.

zoning viiolation 75-5 – marjorie goodbread

Marjorie Goodbread arrived for the Zoning Violations later in the day. On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board rescinded the action previously made with regards to this case.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board postponed this case until March 13, 1975.

zoning violation 75-8 – Kenneth Pearson

No one appeared before the Board regarding this case. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board found Mr. Pearson in violation and declared him a public nuisance and gave him 30 days to comply with Ordinance 70-1 and 71-6.

zoning violation 75-12 – s.n. knight

Mr. Clark Krueger, Consulting Engineer, appeared before the Board regarding this case. He requested that this case be postponed in order to obtain the necessary papers to operate a Labor Camp. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board found S. N. Knight in violation and declared him a public nuisance and gave him 30 days to comply with Ordinance 70-1 and 90 days to comply with Ordinance 71-6.

county employees

Comm. Hoskinson brought to the attention of the Board that the National Association of Counties was sponsoring a four-month program in Washington D.C. on Labor Management. He stated that the only involvement the County would have for the cost of this program would be to continue the salary of the nominee picked to attend this course from Lake County and to finance the cost of the two visits home during the four-month period. Mr. Ford, County Attorney, stated that in his opinion, it was a very good program and that a name should be submitted to Washington D.C. for consideration. Commr. Hoskinson stated that he has spoken with Mr. Watkins and that he suggested Mr. Evan Porter to be Lake County’s nominee. On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved Evan Porter to be Lake County’s nominee to attend the Labor Management Program in Washington D.C. and authorized the Chairman and Clerk to make the necessary applications.

county property

Mr. Guilford appeared before the Board regarding the purchase of a piece of property belonging to the County described as follows:

THAT PORTION OF LOT D, BLOCK 7 LYING NORTH OF THE MEANDER LINE OF LAKE DORA, BEING A PORTION OF TAVARES IN SECTIONS 29 AND 26 EAST OF TALLAHASSEE MERIDIAN.

Discussion was held. On a motion by Commr Carson, seconded by Commr. Deems and carried unanimously, the Board declared this property surplus and of no value to the County.

On a motion by Commr Carson, seconded by Commr. Deems and carried unanimously, the Board authorized that a letter of appraisal be obtained on this property.

county property

Commr. Deems brought to the attention of the Board that the City of Tavares is interested in a portion of the county’s wet well and three pumps. Mr. Donoghue, County Engineer, was present during this discussion. The Board requested that Mr. Donoghue look into this matter and report back to the Board.

water levels

Mr. William Hennessey, Pollution Control Director, appeared before the Board regarding the Petition received on the artificial lowering of the water level on a small lake in Section 14, Township 18, Range 26. He stated that he had contacted Mr. Key Scales, owner of the grove whose irrigation was lowering the water level. Mr. Scales has agreed to place a stake in the lake indicating a point at which the water level would be two feet above the present “artificially lowered” water level. The owners will allow the lake to refill, and when pumping is resumed agree not to lower the level below the indicated point (two feet above what it is on this date.)

accounts allowed

Mr. Phil Yoder, Director of Mosquito Control, appeared before the Board and requested approval for the purchase of an Air Boat and a Mechanical Invert Pump for his Department. He stated that he had no firm price on the Air Boat but could obtain one on the pump. The Board requested that he receive a definite price on the pump and submit it to the Board for its consideration.

Later in the meeting, Mr. Yoder phoned to inform the Board that the pump would cost $1,980 F.O.B. Minnesota. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the purchase of a compact Mechanical Invert Pump Pak for Aquatic Spraying at $1,980 F.O.B.

state agencies

Mr. Evan Porter, Administrative Deputy Clerk, appeared before the Board regarding the CETA II program.

He stated that he had just received word that there are new funds available under CETA Title VI that had already been allocated. He stated that he had been requested to sign this new contract approving the release of these new funds to the LCCA, Red Cross, School Board and the City of Leesburg. He further informed the Board that they would be the sub grantee; therefore, the County would be responsible for these funds. Mr. Porter stated that he had no prior knowledge of the availability of these funds, nor did he have any information on the application for these funds by the above-mentioned agents. The Board members decided that no action would be taken at this time but would wait for Evan Porter to report to the Board his findings about this money under CETA after attending the meeting in Sanford on Monday, January 20, 1975.

bonds

On a motion by Commr Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the following Contractor Bonds:

626-75 John Hamilton (Sanitation Service)

1098-75 John H. Martin (Masonry)

1140-75 Robert L. Hamel (Specialty)

1104-75 Roger W. Bohannon dba Weatherite Air & Heating

1245-75 George H. Vining dba Von-Aire, Inc.

On a motion by Commr Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the Bond for K. Barbara Wyckoff which is titled ADDITIONAL BOND OF CHAIRMAN COUNTY BOARD OF PUBLIC INSTRUCTION.

On a motion by Commr Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the cancellation of the following Contractor Bonds:

1045 Wayne Hilton Loyd

150-74 James E. Denman dba Denman Heating and Air Conditioning

66-74 Vincent C. Shieber dba L & P Welding Contractor

licenses and permits

On a motion by Commr Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the changing of the Gun Permit for Roland Garnsey, Jr. from a R. G. Industries, Inc. of 25 Calibre, Serial Number PO 53537 to a Florida Firearm Corp. of .25 calibre, Serial Number 023045.

hospitals

On a motion by Commr Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the admission of Ruben Brown to the A.G. Holley State Hospital.

accounts allowed

On a motion by Commr Carson, seconded by Commr. Burhans and carried unanimously, the Board approved for Bonnie C. Jones, Consultant Pharmacist, to attend the Consultant Pharmacist Schooling in Gainesville January 22 & 23, 1975.

On a motion by Commr Carson, seconded by Commr. Windram and carried unanimously, the Board approved for Laurence Sistrunk to attend the National Tropical Foliage Short Course in Orlando, January 20-22, 1975.

reports

On a motion by Commr Carson, seconded by Commr. Burhans and carried unanimously, the Board accepted the monthly report of the Youth Services Program.

county employees

On a motion by Commr Carson, seconded by Commr. Burhans and carried unanimously, the Board accepted the resignation of Mrs. Lucille A. Harper, Clerk-Receptionist at the Lake County Agricultural Department effective January 17, 1975 and adopted a resolution commending her for her service.

courthouse

Commr. Carson presented to the Board a letter from the Florida Surety Association regarding the Prequalifications to Bidders stating that a letter must be submitted by a surety company stating that a particular contractor is bondable in the amount of $4.2 million. Mr. Ford stated that he would write to the Florida Surety Association explaining the intents of the Board of County Commissioners in this matter.

accounts allowed

On a motion by Commr Carson, seconded by Commr. Burhans and carried unanimously, the Board approved for Emogene W. Stegall to attend the FSASE Mid-Winter Conference in Orlando from January 28, 1975 to February 1, 1975.

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

funds – transfer

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the transfer of $10,800 from Contingency in General Revenue to #23101330-1 to pay for the Comprehensive General Liability Insurance.

On a motion by Commr Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the transfer of $2,200 from “Matching Costs” to “Equipment” in the State II Landfill Budget to comply with instructions from the State.

cancellation of warrants

On a motion by Commr Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the cancellation of Warrant #1031 in the amount of $6.20 due to it being mutilated and authorized another warrant to be drawn for the same amount.

accounts allowed

On a motion by Commr Carson, seconded by Commr. Burhans and carried unanimously, the Board approved for the January allotment to be paid to the Lake County Chamber of Commerce in the amount of $2,208.33.

On a motion by Commr Burhans, seconded by Commr. Deems and carried unanimously, the Board approved that the dues be paid to the East Central Florida Regional Planning Council for Lake County’s assessment for the period of October to December 1974 in the amount of $1,186.17.

On a motion by Commr Carson, seconded by Commr. Burhans and carried unanimously, the Board approved payment to the Florida Department of Agriculture and Consumer Services in the amount of $8,666.82 for the Fire Control Assessment.

On a motion by Commr Carson, seconded by Commr. Burhans and carried unanimously, the Board approved payment to the Tax Assessor in the amount of $90,012.50 due him in the second quarter.

On a motion by Commr Carson, seconded by Commr. Deems and carried unanimously, the Board approved payment of the Medicaid Bill in the amount of $16,523.24.

On a motion by Commr Deems, seconded by Commr. Carson and carried unanimously, the Board approved the purchase of 40,261 gallons of Amoco Premium (no-lead) gasoline at $.3550 per gallon to fill the storage tanks at the Bulk Plant in Tavares.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved payment of the advance registration fee in the amount of $30 for the meeting that Mr. Glenn Middleton, Building Inspector, will be attending in Gainesville.

contracts and agreements

Mr. Ford, County Attorney, presented to the Board the lease as drawn by Mr. Roy Christopher, Attorney for the Lake County School Board, on a piece of property that the School Board wishes to lease from the County to park its school buses. Mr. Ford stated that he would like added to paragraph #5 the words “or otherwise use” which deals with the cancellation of the Lease. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the Lease with the School Board as amended by the County Attorney subject to the description of the property being approved by the County Engineer.

There being no further business to be brought before the Board, the meeting adjourned at 6:00 p.m.

___________________________

J.M. Hoskinson, chairman

________________________

James C. Watkins, Clerk