A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
february 11, 1975
The Lake County Board of County Commissioners convened in regular session on Tuesday, February 11, 1975, at 9:00 a.m., in the Commissioners’ Room, Courthouse, Tavares, Florida. Present were: Thomas J. Windram, Vice Chairman; C.A. “Lex” Deems; Glenn C. Burhans; and James R. Carson, Jr. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Andrea Gambrell, Deputy Clerk. Jim Hoskinson, Chairman, was detained for the beginning of the meeting.
The Invocation was given by James C. Watkins, Clerk, and the Pledge of Allegiance was led by James R. Carson, Jr.
bonds
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously by those present, the following Contractor Bonds were approved:
410-75 Kuron McMinn dba Mac Drywall Company
1252 Burt French dba B. French Electric
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the following Contractor Bonds were cancelled:
1151-74 James E. McKnight
673-74 Richard Groesser
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the Deputy Sheriff Bonds for Shirley A. Dempsey and James Lutrell.
commissioners
At 9:20 a.m. Commr. Hoskinson arrived for the meeting.
bonds
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the cancellation of the Deputy Sheriff Bond for James R. Flynt.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the Bond for Beulah Savage as a member of the Northwest Lake County Hospital District.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the Bond for Robert Roy Meador, Jr. as a member of the Board of Trustees of Lake Sumter Community College.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the cancellation of one of the Bonds for S.L. Kilgore as a member of the Northwest Lake County Hospital District.
minutes
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the minutes of the regular meeting of January 16, 1975 were approved as amended. Amended copy is on file in the Minute Folder of January 1975.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the minutes of the Special Meeting of January 20, 1975 were approved as amended. Amended copy is on file in the Minute Folder of January 20, 1975.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the minutes of the regular meeting of January 21, 1975 were approved as amended. Amended copy is on file in the Minute Folder of January, 1975.
outdoor recreational facilities
Mr. Ross Van Dellen, Chairman of the Bikeways Committee in Eustis, appeared before the Board to discuss with the Board the need for bikeways in Lake County.
Points of discussion were the cost of securing the necessary right of way, where the funds would come from to build the bicycle trails, a commitment from each City for its cooperation and financial assistance for the trails within its limits, and where these bicycle trails would be built in relation to the highways.
Commr. Hoskinson stated that consideration had been given to this matter and that the Board was aware that there were DOT funds available for the construction of these trails; however, it was a case of priorities and that a highway which carried 10,000 vehicles a day should be given first consideration.
licenses and permits
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the following Utility and Driveway Permits:
PERMIT NO. PERMITTEE PURPOSE ROAD
702 Florida Telephone Corp. Aerial Cable 5-7581
711 Florida Telephone Corp. Aerial Cable S-466A
712 Florida Telephone Corp. Aerial Cable S-439
714 Florida Telephone Corp. Buried Cable 4-4955
2-200 Geophysical Service Vibroseis Survey Various Rd. R/W Dist. 2
driveway permits
5-101 E.J. Spagenberg 5-7528
5-102 Joe Dafeik S-445
2-103 Merle Nelson S-468
3-104 Arnold Geiselman S-19A
5-105 Delila Walter S-439
3-106 Ralph C. Cotrell, Jr. 3-1255
5-107 Stanton W. Wilson 5-8376
1-108 Carl F. Cooper S-466A
roads – county
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved for two warning signs to be placed on Dixie Avenue in Fruitland Park.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board established a speed limit on Eagles Nest Road of 40 mph from the intersection of Highway 27 to 900 feet past SR 466-B and a 30 mph speed limit from this point to the end of Eagles Nest Road, which is DR 1-6611. The Board adopted a resolution stating the same.
roads – state
Mr. Donoghue presented to the Board a letter from the Department of Transportation stating that it had received a request from the City of Leesburg to encourage alternative truck routes around Leesburg. The DOT will require some assistance from the County to implement this request. On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved for the Public Works Department to erect the necessary signs as outlined by the DOT regarding this request.
accounts allowed
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved for Michael Donoghue, Director of Public Works; Alfred Ponds, Road Superintendent; Fred Bollenberg, Veterans Service Officer; the Clerk; any Commissioner; and the County Attorney to travel to the State Association of County Commissioners Mid-Year Conference in Jacksonville from March 8-11, 1975.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved for Michael Donoghue, Director of Public Works, to attend the Storm Water Management Workshop in Gainesville on February 26-27, 1975 and approved the advance registration fee of $50.
maps and plats
The Chairman announced that the advertised time had arrived for the closing of the Plat of the Crestview Subdivision. The Clerk read the proof of publication for the vacation of this Plat described as follows:
ALL OF THE CRESTVIEW SUBDIVISION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 6, PAGE 41, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; AND LOTS 4, 5, 6, 7, 8, AND 9 OF LAKEVIEW SUBDIVISION AS PER PLAT THEREOF RECORDED IN PLAT BOOK 6, PAGE 99, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA.
No one appeared in opposition to the vacation of this Plat. On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the vacation of the Plat of the Crestview Subdivision.
roads – easements
Mr. Donoghue presented to the Board a request from a resident by the name of Mrs. Wells for an easement which would enable her to obtain legal access to a piece of property she had purchased. On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, this matter was referred to Commr. Deems for his attention and recommendation to the Board.
roads – county
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the cost estimate of Cumbermore Lane located in the Three Lakes area as presented by the County Engineer. The Board approved for the work to begin when the residents’ share of the cost is received by the Finance Department and that this road be taken into the County-Maintained system upon its completion.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the cost estimate of Cypress Street in Riverwood Subdivision. The Board approved that this work is to begin when the residents’ share of the cost is received by the Finance Department and that this road be taken into the County-Maintained System upon its completion.
maps and plats
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the recording of the SR 50 Survey Map from east of the City Limits of Clermont to the Orange County line.
roads – county
Commr. Windram reported to the Board that there is a right of way on the south side of SR 44 east of Eustis. Apparently, the trees that border this right of way have grown and are hindering the passage along this right of way. He stated that the owner of the trees, Mrs. Charles Treewiller, has given the County permission to trim the trees in question. On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved for the County to trim the trees on the above-mentioned right of way.
animals
Mr. Donoghue asked if the County was still going to pick up animals within the municipal limits of a particular city. Mr. Ford stated that according to the Ordinance, an agreement may be signed by the City allowing the Animal Control Officer to collect these animals. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board requested that the County Attorney draw up a temporary agreement in accordance with the Ordinance regarding this matter and present it to the Board later in the day.
MVI
Commr. Windram brought to the attention of the Board that a car was damaged during its inspection at one of the MVI Stations and wanted to know if the County was covered under its new insurance policy for such an incident. This was referred to the County Attorney for his attention, and the Board requested that he report back to the Board his findings.
planning and zoning
Mr. King Helie of the King Helie Planning Group appeared before the Board regarding the Land Planning Report for Lake County. He stated that due to the economic situation, his staff had dropped from 33 planners to six and that the staff member in charge of Lake County’s report had left the firm to take a position in Miami. Mr. Helie stated that he would be able to confer with Mr. Willett within the next 10 days and have a completed document for the Board in approximately one month. Mr. Helie was placed on the Board’s agenda for the delivery of his report for Lake County on April 8, 1975 at 10:00 a.m.
correspondence
Commr. Hoskinson stated that the Clerk had received a letter from Mr. Taylor, an applicant for the position as the Civil Defense Director, requesting a sizeable increase in salary after six months and that the County assume the cost of his moving expenses. The Board requested the Clerk to write to Mr. Taylor informing him that there are no provisions in this budget year for an increase in this salary and that it is County Policy not to assume moving costs for prospective employees.
accounts allowed
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved travel for any Commissioner, Clerk, Legal Counsel, and the County Planner to attend the meeting in Gainesville on Land Use Planning February 25 & 26, 1975.
outdoor recreational facilities
Commr. Hoskinson stated that he had been contacted by some residents in Clermont stating that they had not seen the fish food being put out in the nearby lakes. Commr. Carson stated that he knew fish food had been bought and would look into the matter.
schools – misc.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved for the prison crew to help the Mount Dora High School with work around its ball field when the crew is available.
roads – county
Commr. Windram stated that the people on Curelia Drive were upset over the confusion regarding the paving of this road. The Board requested that Commr. Windram inform the residents that the road can be paved at its present 14-foot width without being taken into the County-Maintained System or they can pay the additional money needed to widen the road to required County specifications so that after paving it may be taken into the County-Maintained System.
fire district
Commr. Windram stated that the City of Eustis has rescinded its Fire Protection to homes outside the city limits. Commr. Windram stated that he had received a few calls from citizens affected by this action, and he told them that it might be possible for the County to assist the residents on the matter with an Interlocal Agreement between the County and the City of Eustis. He therefore has requested Mr. Hoppe, City Manager of Eustis, to ask the City Council if they are interested in an agreement of this sort and will report to the Board as soon as this information is received.
building department
Commr. Hoskinson asked Mr. Ford, County Attorney, to express his comments on the procedure that Mr. Dan Robuck, Attorney, has suggested an individual take when he or she has a complaint against the work of a particular contractor.
Mr. Ford stated that the procedure as established is a good one and that if the individual exercises the right to go against the Contractor’s Bond, he should waive any liability rights against the County as suggested by Mr. Robuck.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved that an individual may take action against the surety bond posted by a contractor provided he sign a Hold Harmless Agreement against the County.
recess and reassembly
Commr. Hoskinson announced that he would be absent for the afternoon session due to a meeting in Tallahassee that he had to attend where he had to appear to testify before the house transportation meeting.
Commr. Windram, Vice Chairman, announced that the Commissioners would have lunch at the Silver Lake Golf and Country Club. The public and press were invited on a Dutch-treat basis.
licenses and permits
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously by those present, the Board approved the Gun Permit for Mr. Henry Adams.
reports
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board acknowledged the receipt of the Financial Statements of the County Health Unit Trust Fund from July 1, 1974 through December 31, 1974.
accounts allowed
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved travel for Mrs. Mary Hamner, Nursing Home Administrator, to attend the 1975 Seminar for Licensure in Orlando from March 9-12, 1975 and approved the advance registration fee be paid.
cancellation of warrants
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the cancellation of General Revenue Warrant #1037 payable to Cal Hegstrom in the amount of $78 due to the check being lost and approved the issuance of a new check in the same amount.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the cancellation of General Revenue Warrant #1139 payable to Doris Milligan in the amount of $32.20 because the check had been mutilated and authorized issuance of a new check in the same amount.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved cancellation of General Revenue Warrant #1173 payable to C & M Radiator Shop because of duplicate payment.
funds – transfer
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the transfer of $161.91 from “Contingency” in the Fine and Forfeiture Fund to #2101603 “Refunds.”
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the following transfers in the General Revenue Fund were approved:
$5000 from Contingency to #3670102-3 “Salary Assistant Custodian”
$2900 from Contingency to #5106102-1 “Salary Animal Control Worker”
$900 from Contingency to #5106201 “Gas, Lubricants and Other Propellants”
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the following transfers in the General Revenue Fund in the LOCAL LANDFILL BUDGET:
$2988.05 from #4210337-2-2 “Maintenance of Grounds” to #4210338-2 “Maintenance of Equipment”
$2011.95 to #4210201-2 “Gasoline, Lubricants and Other Propellants”
From #4210401 – Construction Building in the General Revenue Fund to:
#4210341-2 “Contracted Services $5907.00
#4210105-2 “Matching Costs” $73.00
#4210204-2 “Miscellaneous Expense” $620.00
#4210220-2 “Insurance & Bonds” $1250.00
#4210405-2 “Safety, Marking & Identifying Devices” $150.00
water pollution
Mr. William Hennessey, Pollution Control Director, appeared before the Board regarding two dredge and fill permits. He stated that he had no objection to these two permits being approved. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously by those present, the Board approved the dredge and fill permit for Mr. Paul Wolf of Clermont upon the recommendation of the Pollution Control Director.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the dredge and fill permit for Jeffrey H. Gitomer upon the recommendation of the Pollution Control Director.
Mr. Hennessey presented to the Board four letters for the Chairman’s signature to be sent to the Trustees of the Internal Improvement Trust Fund stating that the Board approved the dredge and fill permits for Mr. Gitomer, Mr. Wolf, Mr. Gibbs, and Mr. Varnes. The Board authorized the Vice Chairman, Commr. Windram, to sign these letters in the absence of the Chairman.
resolutions
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously by those present, the Board adopted a resolution granting per diem for the Pollution Control Board members.
accounts allowed
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved that the following vouchers be paid:
General Revenue 821-1097
Fine and Forfeiture 129-167
Road and Bridge 309-435
Construction Trust 1-10
County Outlay Reserve (County Buildings) 3-4
accounts allowed
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously by those present, the Board approved travel for any Commissioner, County Attorney, and the Clerk to attend the seminar on Managing Public Employee Collective Bargaining at Florida State University March 3-5, 1975.
zoning
zoning violation 74-84 cypress cove resort
No one appeared before the Board regarding this case. It was moved by Commr. Burhans that Cypress Cove be found in violation and declared a public nuisance and given 90 days to comply with Ordinance 71-6. Commr. Windram announced that this motion died for a lack of a second.
It was moved by Commr. Carson that Cypress Cove be found in violation and declared a public nuisance and given 45 days to comply with Ordinance 71-6. Commr. Windram announced that this motion died for lack of a second.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously by those present, the Board found Cypress Cove in violation and declared it a public nuisance and gave the owners 60 days to comply with Ordinance 71-6, which is to remove all the mobile homes in excess of 15.
zoning violation 75-13 talmage s. fussell
No one appeared before the Board regarding this case. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously by those present, the Board found Mr. Fussell in violation and declared him a public nuisance and gave him 30 days to comply with Ordinance 70-1.
zoning violation 75-14 w. lloyd turner
Mr. Turner appeared before the Board regarding this case. Mr. Henderson, Code Enforcement Officer, stated that the Board had approved this business to operate in this area on a temporary basis. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously by those present, the Board found Mr. Turner in violation and declared him a public nuisance and gave him 30 days to comply with Ordinance 70-1 and 71-6.
zoning violation 75-17 albert james
Mr. James appeared before the Board regarding this case and stated that he would like some time to locate some property where he could have his commercial vehicles on the premises during the winter months. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously by those present, the Board postponed this case for 90 days.
zoning violation 75-18 david e. hall
Mr. Hall appeared before the Board and stated that he was not running a commercial business. He further stated that he was painting and repairing buses for the Church of God at no cost to the Church. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board found Mr. Hall in violation, declared him a public nuisance and gave him 90 days to cover the automobiles in question and to finish painting the buses for the Church of God.
zoning violation 75-19 john jarrell
Mr. Hugh Hadley, a resident of the Astor area where this violation exists, appeared before the Board and stated that Mr. Jarrell was using his property as a commercial venture for which it is not zoned. Mr. John Jarrell did not appear before the Board in his own defense.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board found Mr. Jarrell in violation, declared him a public nuisance and gave him 30 days to remove all vehicles used in the commercial business and to cease the business operation immediately.
zoning violation 75-20 g.o. ulmer
Mr. Ulmer appeared before the Board regarding this case. He stated that the truck in question is used for spare parts to repair the operational truck in running order and that the only repair work he does is on his own vehicles. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously by those present, the Board found Mr. Ulmer in violation, declared him a public nuisance and gave him 30 days to comply with Ordinance 70-1 and 71-6.
zoning violation 75-21 john f. spillane
No one appeared before the Board regarding this case. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board found Mr. Spillane in violation, declared him a public nuisance and gave him 30 days to comply with Ordinance 70-1 and 71-6.
budget
Mr. Ted Cassidy appeared before the Board representing the Lake Sumter Mental Health Center. He stated that he, along with several other individuals, were appearing before the Board to request additional funds in order to match Federal Funds available to this organization.
Mr. Ramon Ubieta, Director of the Lake Sumter Community Mental Health Center, appeared before the Board and outlined some of the present and future programs which the Center now operates and hopes to initiate. Discussion was held.
The Board stated that it would be impossible to allocate additional funds to the Center in this Fiscal Year; however, the Board did suggest that he contact Mr. Watkins, Clerk, to check into the possibility of the Center being eligible to use some of the CETA II money available to aid in the expense of needed personnel.
civil defense
Mr. Donald Quagliotti, an applicant for the position as the Civil Defense Director, appeared before the Board for his scheduled interview. Mr. Quagliotti gave a brief outline of his experience with Civil Defense and the Disaster Preparedness Programs.
Mr. Richard Waters, also an applicant for the position as the Civil Defense Director, appeared before the Board for an interview. He, too, gave a brief outline of his past experience in this field.
appropriations
Mr. Watkins, Clerk, presented to the Board an updated position summary under the CETA II Program. He requested that the Board members review these positions and authorize the Clerk’s office to resubmit to the State a revised summary with regards to these funds.
Commr. Windram expressed his concern that no one be hired to fill these positions except by people meeting the requirements under CETA II Funds, because he would like to be able to liquidate these positions should the CETA II funds not be continued after June 30, 1975. He also suggested that any person hired under this program be requested to sign a statement stating that they are aware that the job and salary for which they are to be hired may not exist after June 30, 1975 should the federal funds for the operation of this program not be renewed.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the revised list of requested positions for the CETA II Funds as presented by the Clerk and amended by the Board and authorized the Clerk to return to the State, through which the County receives these funds, the unused monies.
funds – transfers
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously by those present, the Board approved the transfer of $1,137.45 from Contingency in the General Revenue Fund to #4210402-1 “Equipment” in STATE II LANDFILL to conform with the State budget.
animals
Mr. Ford, County Attorney, presented to the Board a Temporary Agreement between the County and municipalities with regards to the pickup of dogs within the city limits. Mr. Ford suggested that the Board study this document and make a decision regarding this matter on February 18, 1975.
Commr. Deems stated that they had requested that the Animal Control Officer be instructed not to pick up any animals within the limits of a municipality. In view of the delay regarding the implementation of a Temporary Agreement as previously discussed, it was moved by Commr. Burhans, seconded by Commr. Carson and carried that the Animal Control Officer be informed that he will continue picking up animals within a municipality upon request.
correspondence
Commr. Windram presented to the Board a letter from the Tavares High School expressing its appreciation for the assistance the County gave them in the refurbishing of its ball field.
There being no further business to be brought before the Board, the meeting was adjourned at 5:00 p.m.
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J.M. Hoskinson, chairman
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James C. Watkins, Clerk