A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

february 18, 1975

The Lake County Board of County Commissioners convened in regular session on Tuesday, February 18, 1975, at 9:00 a.m., in the Commissioners’ Room, Courthouse, Tavares, Florida. The following were present: J.M. Hoskinson, Chairman; C.A. 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. Absent was Thomas J. Windram who was out of town.

The Invocation was given by James C. Watkins, Clerk, and the Pledge of Allegiance was led by James R. Carson, Jr.

civil defense

Mr. Floyd Risley, an applicant for the position as the Civil Defense Director, appeared before the Board for an interview. He gave a brief outline of his past experience in this field.

building department

Commr. Hoskinson presented to the Board a letter from Mr. Glenn Middleton, Building Official, stating that Jack Griner, whose Certificate of Competency the Board revoked on February 4, 1975, had made all the necessary corrections on specific contracting jobs as requested by the Board of Examiners. Therefore, the Board of Examiners requests that the Board of County Commissioners reinstate his Certificate.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously by those present, the Board rescinded its action involving the Certificate of Competency of Mr. Jack E. Griner. This is subject to the approval of the County Attorney.

appropriations

Mr. Watkins, Clerk, stated that he had hired a Clerk Typist under the CETA II funds to take care of the clerical work for the CETA II Program. He stated that he had planned to pay this individual the same way that other Board employees are paid. This met with the approval of the Board.

public health

Mr. Donoghue, County Engineer, appeared before the Board and requested that Mr. Donovan Sweeney, who has been in the garbage collection business for over 10 years in Lake County, be granted a franchise. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously by those present, the Board approved the franchise for Mr. Donovan Sweeney on the basis that he has been in the same area conducting the same business for more than ten years.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously by those present, the Board approved a franchise for G&B Septic Tank Service, meeting all County requirements, upon the recommendation of the County Engineer.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board revoked the garbage franchise of the following:

Franchise #4 Florida Development & Attractions

Franchise #5 Earl Ray Lewis

Franchise #15 Roscoe Odum

supplies

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved for a sign to be placed at the Astatula Landfill stating “Keep Off Reforestation Project by Boy Scout Troop #14.”

municipality

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously by those present, the Board approved that the Paisley Civic Association be allowed to repaint and restore the directional wooden signs used in the “Chain ‘O Lakes” area and that they be located according to the direction of the County Engineer.

county employees

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the renewal of the Notary Public Commission for June Lewis at a cost of $20.00.

schools-misc

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously by those present, the Board approved that the school zone and signs be removed on SR S-450 south of Umatilla. The County Engineer was instructed to research the possibility of erecting a “Pedestrian Walking” sign on this road.

outdoor recreational facilities

Mr. Donoghue reported to the Board on his findings regarding the request to make Lake Lena a private lake by a resident who lives on the lake front.

He stated that there are public dedicated roads leading to this lake and that these roads would have to be closed to make it a private lake. The Board requested that Mr. Donoghue write to Mrs. Velma Hollins who made the request and explain the situation to her.

planning and zoning

The Board discussed briefly the status of the matter involving the Green Swamp as an area of State Critical Concern.

Mr. Ford, County Attorney, confirmed the question asked by Commr. Carson and stated that the Board members would have a right to express their views to the Cabinet or its aides when they held meetings on this matter. Commr. Carson requested that Mr. Willett, Planning Director, keep him informed of the time and date of all meetings held on the Green Swamp by the Cabinet or its aides.

accounts allowed

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved any or all necessary travel for any Commissioner when it involves County business.

bids

The advertised time having arrived, the Board opened the sealed bids for paint stripper. The Clerk read the proof of publication. The bids are as follows:

COMPANY PRICE PER GALLON

Davis Weil Inc. $4.63

B&B Chemical Co. $7.10 (2-10 five gallon pails)

$6.90 (11 or more five gallon pails)

$5.40 (1-3 fifty-five gallon drums)

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board referred these to the County Engineer for his attention and recommendation to the Board. At this time the Board suggested that the County Engineer purchase a gallon of the product manufactured by the low bidder on the open market to see if it would be satisfactory.

public health

Commr. Hoskinson presented to the Board the resignation of Doctor Charles F. Bradley as the Director of the Lake County Health Department. Commr. Hoskinson requested that Commr. Windram receive a copy of this letter.

correspondence

Commr. Hoskinson presented to the Board a letter from the Department of Health and Rehabilitative Services regarding the Title VI money for the benefit of the aged. The Board requested that Doctor Kauffman, appointed to the Committee of the Aging by the Board, be sent a copy of this letter as well as all Commissioners.

county employees

Discussion was held with regards to the bond of County Employees who are Notary Publics. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board rescinded its action of earlier this morning and instructed the Clerk and the Attorney to institute the procedure where the Board would bond its employees holding a Notary Commission.

county buildings and grounds

Commr. Burhans stated that he had received a request from J. Carl Smith, Executive Director of the Lake County Chamber of Commerce, for the County to extend the chain link fence at the Lake County Fairgrounds. This was referred to Mr. Donoghue, County Engineer, for his attention and requested that he report to the Board his recommendation.

planning and zoning

Commr. Deems stated that several weeks ago he had received a resume from Mr. Joe Knight. Commr. Deems stated that he had discussed with Mr. Willett the possibility of hiring Mr. Knight as an Associate Planner under the CETA II Funds. Discussion was held. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the employment of Mr. Joseph Knight as an Associate Planner under the CETA II Funds effective immediately at a salary of $10,000 a year.

courthouse

The advertised time having arrived, the Board opened the bids for the contracting and sub-contracting of the Duncan Building. The Clerk read the proof of publication and the bids are as follows:

CONTRACT #1-BUILDING MOVING

Starbyrd and Morton, Inc. $40,000.00

CONTRACT #3-LANDSCAPING

Johnson and Smith, Inc. $1,326.00

Arborform $558.00

CONTRACT #4-PLUMBING

F&W Plumbing $1,750.00

(this bid includes air conditioning

and heating)

CONTRACT #5-HEATING AND AIR CONDITIONING

True Temp $189.82

Al’s Heating and Cooling $425.00

St. Louis Sales and Service $245.00

CONTRACT #6-ELECTRICAL WORK

Electric Services $45.00

The Board referred these bids to Mr. Jack Jones, Architect. Discussion was held as to the total time and cost of moving the building in question. The Board suggested that Mr. Ford, Commr. Deems and Mr. Jones talk with Mr. Duncan about the various costs of the moving and report back to the Board on or before March 4, 1975.

outdoor recreational facilities

Michael Willett, Planning Director, and Nancy Chrissinger, Associate Planner, appeared before the Board to discuss the proposed projects for the monies the County will receive from the Boating Improvement Fund.

Mrs. Chrissinger stated that all the cities except Clermont have submitted projects for which these funds may be used. At this time, Mrs. Chrissinger explained to the Board how the funds would be received and stated that after the work on a particular approved project had been completed the Department of Natural Resources would then inspect the completed work.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board authorized the Planning Department to submit an application for the Boating Funds available to Lake County and approved the submitted projects of Astatula, Howey-in-the-Hills, Leesburg and Mount Dora but stated that the Mount Dora project may not exceed $6,000 upon the recommendation of the Planning Department.

recess and reassembly

At 12:00 Noon the Board adjourned for lunch. The Chairman announced that the Commissioners would have lunch at the Holiday Inn located at Highway 19 and 27. The public and press were invited on a dutch treat basis.

animals

Mr. Skip Babb, Attorney, appeared before the Board on behalf of the City Council of the City of Umatilla regarding the enforcement of the Animal Control Ordinance within the City Limits. Discussion was held. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board adopted the temporary agreement, as presented by the County Attorney on February 11, 1975. This agreement is to be signed between the County and any municipality wishing the enforcement of Ordinance 1975-1 within its corporate limits.

planning and zoning

Commr. Hoskinson announced that the advertised rezoning hearings would be postponed until 2:10 P.M.

Commr. Hoskinson read a memo from Michael Willett reminding the Board that it must hold a DRI hearing on the Regional Shopping Center to be built in Lake County. The Board established April 22, 1975 at 9:00 A.M. for this meeting.

89-74-1 r-1-7 & r-1-5 to all r-1-5 van curler, p&z

Mrs. Nancy Horton, Mrs. La Voy, Mr. J. Parker, Mrs. L. McCardy, Mrs. Fay Lawrence, and Mr. Huston Hales appeared before the Board and stated that they were not in favor of this rezoning and did not wish it to be changed to allow mobile homes to be moved into this area.

Mr. George Quimby and Mrs. Sheldon appeared before the Board and stated that there were some mobile homes in the area and that they were in favor of rezoning the section under consideration to allow property owners to move in their mobile homes.

At this time the Board requested comments from the Planning and Zoning Department. Mr. Willett stated that the Department was not in favor of rezoning the portion of property originally described but would consider rezoning the portion North of Pala Verda and East of Sunshine Avenue to R-1-5.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously by those present, the recommendation of the Planning and Zoning Commission was upheld and the rezoning was denied.

135-74-5 rmrp to a p&z commission

Mr. Howard Gresham appeared before the Board on behalf of the owners who were in Ohio. He stated that the owners of this property wish it to remain RMRP for future investment and use. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously by those present, the recommendation of the Planning and Zoning Commission was overturned and the rezoning was denied.

At this time, Mrs. John Hendrix stated that her case hearing was 2-75-4 and that she was a school bus driver and had to report at the school to begin driving the children home in 20 minutes. She asked if it would be possible to hear her case at this time. The petitioners present involved in the cases on the agenda prior to Mrs. John Hendrix stated that they did not mind if her case was heard at this time.

2-75-4 a to cp john hendrix

No one appeared before the Board in opposition to this rezoning. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.

136-74-5 r-1-5 to lm l.t. brennand

Lou Tally, Attorney for Mr. Brennand, appeared before the Board regarding this case. He stated that his client had no idea of the objection to this rezoning and would, therefore, request permission to fix up the buildings already on the property and use them for storage in his business.

Mr. Michael Hatfield, Attorney representing the owners in the area, stated that this area was zoned R-1-5 and these buildings were grandfathered in on a nonconforming use basis and if they were repaired, the building would have to be brought up to the Building Codes and that this area has been established as residential.

On a motion by Commr. Deems, seconded by Commr. Carson and carried, the recommendation of the Planning and Zoning Commission was upheld and the rezoning was denied. Commr. Burhans voted “no.”

400A-5 cup for a pud royald palm beach colony

Mr. Dan Robuck, Attorney sitting in for the County Attorney, stated that there were only three words added to paragraph #10. He stated that the Planning and Zoning Commission had requested that this be postponed until the next meeting in March because, due to illness, it was not possible for the Planning and Zoning Commission to review the document. Discussion was held. Mr. Bud Ritmanic, Developer for Royal Palm Beach Colony, expressed his opinion that it has taken almost two years to produce this document and that although he was not pleased with the postponement, he wanted everyone involved to inspect the document.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously by those present, the Board postponed this case until March 18, 1975 at 2:00 P.M. or as soon thereafter as possible.

1-75-4 rr to a p&z commission

No one appeared before the Board in opposition to this rezoning. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously by those present, the recommendation of the Planning and Zoning Commission was upheld and the rezoning was approved.

3-75-1 rr to rm barbara mckinney

Mr. Edward Volkman appeared before the Board in favor of this rezoning.

Mr. James C. Watkins, resident of the area, appeared before the Board in opposition to the rezoning.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously by those present, the recommendation of the Planning and Zoning Commission was upheld and the rezoning was denied.

464-5 cup in a raymond shaffner

Mr. Shaffner appeared before the Board regarding this case. No one appeared before the Board in opposition to this rezoning.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously by those present, the recommendation of the Planning and Zoning Commission was upheld and the CUP was approved.

4-75-4 r-1-7 to a Dr. charles hawthorne

5-75-4 rr to rp carolyn brown

No one appeared before the Board in opposition to this case. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and the rezoning was denied.

465-1 cup in rr g.e. carrico

Mr. Willett informed the Board that this application had been withdrawn by the petitioner. No action was taken.

6-75-4 a to rr jewell snell

7-75-4 r-1-7 to a albert gay

No one appeared before the Board in opposition to the postponement of this case. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously by those present, the case was postponed to April 15, 1975 at 2:00 P.M. or as soon thereafter as possible.

outdoor recreational facilities

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously by those present, the Board adopted a resolution approving the projects for which the Boating Improvement Funds will be used as submitted by the Planning Department earlier in the day.

planning and zoning

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously by those present, the Board adopted a resolution authorizing Michael Willett, Planning Director, to apply for the available Federal money under Community Improvement Funds.

public health

Commr. Hoskinson presented to the Board a letter from Mr. R.M. Colteryahn of Umatilla objecting to the advance payment required by Town and Country Refuse. He further stated that after the payment is made, the collection is not made on the designated days. This was referred to the County Attorney and Commr. Deems for their attention.

municipal corporations

Commr. Deems read to the Board a memorandum from Michael Willett regarding planning assistance to the cities. In the past, the County has charged the cities $10.00 an hour for planner’s time. Mr. Willett would like the Board to approve a policy whereby the Department does not have to charge the cities for staff assistance but will charge for material, printing costs or any other unusual expenditure. Also, each project would be negotiated with the cities as they require the services rather than have a contract executed. Discussion was held. It was moved by Commr. Deems that the Board approve the policy whereby the Planning Department will charge the cities for unusual expenditures and will offer to the cities all normal planning services within its capabilities which would not include activities classified as “Zoning Administration.” Each project will be negotiated with the City as the services are required and the project will be approved by the Board of County Commissioners. A member of the Planning Department will not attend any meetings held by a municipality unless they request that a representative be present. This motion was seconded by Commr. Carson.

Discussion was held as to the extent of time the Planning Department would devote to a particular city project. Commr. Deems stated that in view of this discussion, he would like to pursue the matter in more detail and, therefore, Commr. Deems withdrew his motion and Commr. Carson withdrew his second.

bonds

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

983-75 Edwin S. Pratt dba Allweather, Inc.

1112-75 Michael Bowers (General Contractor)

1253-75 Franklin Reaves (Awning & Aluminum Erection)

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the cancellation of Contractor Bond 951-75 for Fred E. Carroll.

licenses and permits

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously by those present, the Board approved the $500 Firearm Bond for Alvin Knight.

hospitals

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

licenses and permits

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously by those present, the Board approved the $500 Firearm Bond for Howard Fox.

county property

Mr. Watkins reported to the Board that his office had checked into the request for two air conditioners at the Office of the Mosquito Control Department. He stated that they will be used in the Map Room and the Entomology Lab. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously by those present, the Board approved that two air conditioning units be transferred from surplus County property to the Mosquito Control Department.

county buildings and grounds

Mr. Watkins reported to the Board that the upper shaft and the shaft diameter of the chiller pump for the air conditioning unit for the Courthouse and Jail are badly damaged. Mr. Watkins reported that it would cost approximately $400-$500 for this repair. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously by those present, the Board approved for the necessary repairs to be made at a cost not to exceed $500.

appropriations

The Clerk reported that he had talked with Ramon Ubieta regarding the use of CETA II funds at the Mental Health Department. He reported that Mr. Ubieta could use two Clerk Typists at a salary of between $5,000 and $5,200. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the above mentioned positions to be placed on the approved schedule position list for CETA II Funds.

The Clerk presented to the Board a request from Jackson Haddox, County Extension Director, for an assistant to help in the Expanded Nutrition Program at a salary of $6,000 under the CETA II Funds. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously by those present, the Board approved that this request be placed on the approved position summary schedule.

bonds

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously by those present, the Board approved the Bond for Marian P. Edwards as a member of the Northwest lake County Hospital District.

accounts allowed

Mr. Watkins stated that the Finance Department needs an account out of which it may pay the CETA II employees. It was recommended that a special account be set up and transfer approximately $30,000 from Contingency until June 30, 1975. He stated that Mrs. Babb, Deputy in Charge of the Finance Department, must have a disbursement account in order to be reimbursed for these funds. Commr. Carson was concerned over the balance in the Contingency Account in the General Revenue Fund. The Board requested that Mrs. Babb be present for this discussion.

funds-transfer

On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved the transfer of $20,000 from “Contracted Services” #6306341 to “Equipment” #6306402 in the Fish Conservation Fund for the purchase of the Metal Fish Marking Device which was approved on February 4, 1975. Commr. Hoskinson voted “no.”

accounts-allowed

Mr. Ford, County Attorney, stated that there was going to be a PERC School held in Tallahassee and Orlando. He suggested that someone from the Clerk’s Office attend this meeting.

Mr. Hoskinson stated that the people who need this education are the supervisors. Mr. Ford stated that he did not believe that there would be any meetings on this level and it would be up to the County to get this information back to the supervisors and foremen.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously by those present, the Board approved travel for Mr. Ford, County Attorney, and Mr. Evan Porter, Administrative Deputy, to attend this PERC School in Orlando March 17-18, 1975 at Kahler Plaza.

Mrs. Babb arrived for the discussion on the setting up of an account out of which the CETA II employees would be paid. Mrs. Babb stated that the County’s revenue sharing had been cut approximately $200,000 in its Revenue Account.

The Board requested Mrs. Babb find unexpended money in other budgets to place in a CETA II salary account until these funds are reimbursed. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved for the salary of CETA II employees whose salary was not provided for in the 1974-1975 budget be paid for the month of February out of unused salary funds in the General Fund budget.

appraisals

Mr. Ford discussed with the Board the appraisal of the 40 acres west of the Astatula Landfill. Mr. Ford stated that it would be about 60 days before he could obtain an appraisal of this land. The Board requested that the Clerk contact Mr. Art George of Bowman and Bowman and request that he do this appraisal.

public health

Mr. Ford presented to the Board a petition from Morton Aulls, Attorney for Krygoski Construction Company, Inc., requesting a rehearing regarding the location of the sewage treatment plant at the Wisconsin-Michigan Subdivision.

Mr. Ford stated that the Board could not grant a rehearing but could schedule a meeting to consider rescinding its action.

The Board requested that Bill Hennessey, Director of Pollution Control, and Michael Willett, Planning Director, look into this matter and report back to the Board on March 4, 1975.

autos and trucks

Mr. Ford stated that he had received more information on the surplus vehicles given to the County. He stated that if the County accepts these vehicles, the title must remain in the County’s name for two years and the County must supply a tag. The Board felt that the organization using the vehicle must supply the insurance for it.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the County shall issue license tags to these surplus vehicles upon proof from the organization using the vehicle that the said vehicle is insured at no less than the standard coverage the County places on its vehicles.

There being no further business to be brought before the Board, the meeting was adjourned at 6:40 p.m.

___________________________

J.M. Hoskinson, chairman

__________________________

James C. Watkins, Clerk