A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
march 13, 1975
The Lake County Board of County Commissioners convened in regular session on Thursday, March 13, 1975, at 9:00 a.m., in the Commissioners’ Room, Courthouse, Tavares, Florida. The following members were present: Thomas J. Windram, Vice Chairman; C.A. “Lex” Deems; Glenn C. Burhans; and James R. Carson, Jr. The Board was notified that Jim Hoskinson, Chairman, would be approximately one half hour late and requested that the Vice Chairman preside over the meeting until his arrival. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Andrea Gambrell, Deputy Clerk.
The Invocation was given by James R. Carson who also led the Pledge of Allegiance.
resolutions
Commr. Windram stated that the Cities of Groveland and Mascotte are making applications to the Department of Housing and Urban Development for grant funds under Title I of the Housing and Community Development Act of 1974. Commr. Windram stated that the Planning Department has drawn up a resolution expressing Lake County’s support of the Cities of Mascotte and Groveland for making such application. On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the Board adopted the above resolution as drawn by the Planning Department and presented by Commr. Windram.
courthouse
Commr. Deems stated that he and Jack Jones, Architect, had talked with Mr. Duncan regarding the moving of his building. He stated that they had approached the matter of having the moving of this building as a joint effort of the County as well as Mr. Duncan due to the fact that a better price on the moving of this building could be received by Mr. Duncan himself. Commr. Deems stated that he will keep the Board informed on the development of this idea.
public health
Commr. Deems reported that about two weeks ago the Board referred to him the letter from Mr. Colteryahn regarding the advance payment which an individual was required to pay if he wished service from Town and Country Refuse. He stated that he had discussed the matter with Mr. Colteryahn and a representative from Town and Country and that the matter had been resolved.
county employees
Commr. Burhans stated that he had been contacted by Phil Yoder, Director of Mosquito Control, requesting that the County permit the operator of the Lady Lake Landfill, Elzie Floyd, to work overtime for one week only to train Lonnie Simmons, the new operator of the Mosquito Spray Truck. On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved the above request.
appropriations
Commr. Burhans presented an application to the Manpower Board for Title VI money for the purpose of public works projects, which will utilize 101 employees.
commissioners
At 9:45 A.M. Jim Hoskinson, Chairman, arrived at the Board meeting.
appropriations
Commr. Burhans requested approval from the Board to submit this application to the necessary authority for receipt of available funds. The Chairman stated that this discussion would be resumed following the opening of advertised bids.
bids
The Clerk read the proof of publication regarding the bids for the MVI Uniform Contract. He stated there were three bids and they are as follows:
Marion Rentals $1.00 per shirt
(2 year contract) $5.00 for five changes
National Linen $.50 per shirt
$2.50 per set of five changes
Softwater $2.50 per week for 11 new shirts
cleaning five shirts per week
The Clerk stated that Softwater requested that there be a change in paragraph #5 stating that any new employee will be expected to have shirts within seven working days instead of seven calendar days.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board referred these bids to the County Engineer for his recommendation.
appropriations
The Board resumed the discussion of the proposed Public Works projects involving CETA VI money. On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board tabled action on this matter until March 18, 1975. Commr. Burhans voted “no.”
chamber of commerce
J. Carl Smith, Executive Director of the Lake County Chamber of Commerce, appeared before the Board to extend an invitation to each Board member to participate in the opening ceremonies of the 54th Annual Lake County Fair.
oklawaha water control
Commr. Carson stated that he had been in contact with representatives from the St. John’s River Water Management District and he has set up an appointment for them to appear before the Board to discuss the transfer of Lake County from the Southwest Florida Water Management District to the St. John’s River Water Management District on the afternoon of March 24, 1975. Discussion was held. It was requested that Commr. Carson try to establish another meeting date due to the fact that a quorum of the Board could not be present.
licenses and permits
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the following Utility and Driveway permits:
Permit No. Permittee Purpose Road
704 Florida Telephone Corp. Buried Cable Leesburg Blvd.
705 Florida Telephone Corp. Buried Cable Fruitland Park Blvd.
706 Florida Telephone Corp. Buried Cable Lynn Ave.
707 Florida Telephone Corp. Buried Cable 1-6304
708 Florida Telephone Corp. Buried Cable 1-6304
709 Florida Telephone Corp. Buried Cable S-466A
710 Florida Telephone Corp. Buried Cable 1-7310
713 Florida Telephone Corp. Aerial, Cable 1-6008
2-202 City of Leesburg Water Line 2-4608
2-203 Sumter Electric Inc. Electric Line SR 565
3-204 Florida Power Corp. Single Wire Line S-448A
Crossing
3-206 City of Tavares Water Main S-452
5-205 City of Umatilla Water Lines 5-7864, 66, 67
Driveway Permits
1-109 John Skineer 1-6412
1-112 Nancy C. Hartkop 1-6412
1-114 Z.B. Emerson 1-6412
4-111 Matsche Construction Company 4-4260
4-113 Johnnie Crowley S-19A
5-110 John E. Gardner S-450
roads-county
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board adopted a resolution establishing a speed limit on DR 5-6655 of 25 MPH from SR S-452 to the bridge and 20 MPH from the bridge to the end of the road.
roads-state
Mr. Donoghue presented a request for a pedestrian crossing to be established on S-450, south of Umatilla. On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board authorized pedestrian crossing signs to be placed on S-450 at a cost not to exceed $116.36 and that the school signs be taken down because the school is no longer in existence.
Mr. Donoghue brought to the attention of the Board a request to have the “No Thru Trucks” sign on the extension of SR 439 taken down. It was the opinion of the Board that this sign did not prohibit grove owners who owned land on this road from hauling their fruit, transporting supplies or other livelihood needs. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved to leave the above mentioned signs where they presently exist.
bids
Mr. Donoghue presented his recommendations regarding the paint stripper. He stated that Davis-Weil Manufacturing Company was the low bidder and that he had tried their product and it proved to be satisfactory, and would recommend that their bid be accepted at $4.63 per gallon in five gallon pails, F.O.B. Tampa. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the bid of Davis-Weil upon the recommendation of the County Engineer.
roads-subdivision
Mr. Donoghue presented a request for grading Perch, Lackey, and Bass Roads in Dexter Estates. Mr. Donoghue stated that the total cost would be $27.00. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the above work be done as soon as the cost for the work is received by the Finance Department. The County is under no obligation for the continued maintenance of these roads.
roads-state
On a motion by Commr. Windram, seconded by Commr. Burhans and carried, the Board approved the typical section of the bridge approach over Blackwater Creek as requested by the Department of Transportation. Commr. Carson was absent for the vote.
county material
The County Engineer requested authorization to dispose of the scrap metal that is left over from the sign shop. The County Attorney stated that this type of metal could be declared surplus and sold to junk dealers as they pass through the County. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board declared the scrap metal at the sign shop as surplus and authorized the County Engineer to sell this surplus material to any junk dealer at the best possible price rather than taking it to the landfill for burial.
roads-subdivision
Mr. Donoghue presented a revised cost estimate of $1,120 for road work on Oak Street in the Hilltop Subdivision, Unit 2. On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the revised cost estimate, of which the total amount will be paid for by the residents, and authorized the work to begin when the above amount is received by the Finance Department. Further, the County will be under no obligation for the continued maintenance of this road.
county property
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the painting of the livestock building at the Fairgrounds at a cost not to exceed $1,100.00
roads-subdivision
Mr. Donoghue presented a revised cost estimate for Cypress and Bay Streets in the Riverwood Subdivision. He stated the total cost is $7,370 and that the work would be done on a 1/3 – 2/3 cost participation basis because the roads will be brought up to County standards. The County will pay 1/3 of the cost and the residents will pay 2/3 of the total cost. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the above cost estimate and authorized the work to begin as soon as the residents’ share of the cost is received by the Finance Department; and that these roads be taken into the County maintained system upon the completion of the work.
The County Engineer presented another revised cost estimate of $225.00 for grading Forest and Pine Tree Roads in the Joanna Shores Subdivision. On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the above cost estimate, of which the total cost will be paid for by the residents, and authorized the work to begin when the money is received by the Finance Department. The County will be under no obligation for the continued maintenance of these roads.
public health
Mr. Donoghue requested permission to advertise the notice regarding the County’s application to the State Department of Pollution Control for temporary operating permits for its landfills. On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the above request.
autos and trucks
The County Engineer discussed with the Board the purchase of a number of trucks for use by the Public Works Department. The Board was concerned over the number of vehicles that were requested. Commr. Deems stated that he would like to confer with the County Engineer on this matter and would report to the Board his findings at a later date.
roads-state
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request from the Department of Transportation regarding the installation of two crossing signals at the railroad crossing on SR 470 and SR S-561A. The County is to provide 10 percent of the funds for installation plus yearly maintenance.
animals
Mr. Vernon Manning, a resident of Griffin Shores Subdivision, appeared along with a number of other residents regarding a neighbor’s dogs, which are creating a nuisance in the area. He presented a document which places certain restrictions on this land which was drawn up by the owner before the lots were sold. Mr. Ford, County Attorney, stated that for the County to take any action on the neighbor in question he would have to be in violation of a County ordinance or Zoning regulation. He further stated that the restrictions placed on the land are a private covenant and this problem would have to be settled in private court litigation. The Board stated that it would have Mr. Henderson, Code Enforcement Officer, investigate their complaint and report to the Board in the event that it is a County violation.
recess and assembly
At 12:00 noon the Board adjourned for lunch at the Chateau Restaurant. The public and press were invited to attend on a dutch treat basis. The Board reconvened at 1:30 P.M.
county employees
Mr. Evan Porter, Administrative Deputy, appeared before the Board to thank them for giving him the opportunity to make application to attend the Labor Relations course on behalf of Lake County conducted by the National Association of Counties.
water pollution
Mr. William Hennessey, Pollution Control Director, appeared before the Board and requested permission for Mr. S.W. Williams to apply for a permit to build a seawall on a lot adjacent to Lake Minnehaha and Monte Vista Canal. He stated that the Pollution Control Department did not feel that this would have a deleterious effect on the environment. However, the County has one problem: the County has an easement on a part of the property on which this wall is to be built and Mr. Williams is willing to sign a Hold Harmless Agreement for any damage caused to the wall or other improvements which he constructs on this easement. Discussion was held. The matter was referred to the County Engineer and the Director of Pollution Control for their attention.
Mr. Hennessey presented a request for an after the fact permit for Mr. James Denslow from the Internal Improvement Trust Fund for work which he has completed in the flood plain of Lake Kirkland. He stated the Department of Pollution Control had no objection to the granting of this permit provided the ponds remain where they are and the slope is to be reduced to allow a heavy growth of natural vegetation. Until this vegetation takes over, all banks are to be seeded and/or sodded to limit erosion. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved for Mr. Denslow to apply for an after the fact permit in accordance with the recommendation of the Pollution Control Officer as stated above.
county employees
Mr. Hennessey requested that Mr. Ted Wicks be given the title of Assistance Pollution Control Officer, due to his capabilities and work performance but did not request an adjustment in salary. Discussion was held. On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved that Mr. Ted Wicks be given the title of Field Supervisor with no adjustment in salary.
zoning
zoning violation 74-87 – talmage fussell
Mr. Bill Henderson, Code Enforcement Officer, stated that Mr. Fussell was scheduled to appear before the Board of Zoning Appeals and, therefore, recommended that this case be postponed. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board postponed this case until April 8, 1975 at 2:00 P.M. or as soon thereafter as possible.
zoning violation 75-5 – marjorie goodbread
Mr. Henderson reported that the area had been cleaned up and that the violation no longer existed. On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, this case was dismissed.
zoning violation 75-22 – joe ross
Mr. and Mrs. Ross appeared before the Board regarding this case. They stated that their mobile home is the only place they have to live and that they have the materials to build a home as soon as the necessary permits could be obtained. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, Mr. Ross was found in violation and given 90 days to comply with Ordinance 70-1 and 71-6.
zoning violation 75-23 – Mid florida lakes
Mr. Robert Dell’Orso, representative of Mid Florida Lakes, appeared regarding this case. Discussion was held. On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the owners of Mid Florida Lakes were found in violation and declared a public nuisance and given 60 days to conform with Ordinance 71-6 by removing four feet of the double garage in question to allow ten feet between the coaches. The Board requested the Code Enforcement Office notify the tenant as well as the owners as to the Board’s decision.
zoning violation 75-23A – otis m. lee
Mr. Lee appeared regarding this case and requested time in which to remedy the violation. On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board postponed this case until May 13, 1975 at 2:00 P.M. or as soon thereafter as possible.
zoning violation 75-24 – joyce gillhouse
Joyce Gillhouse appeared regarding this case. The Board explained to her that when this property was rezoned to R-1-7, the animals she had at that time were grandfathered in; however, she could not add any more animals. On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, Ms. Gillhouse was found in violation and declared a public nuisance and given 60 days to comply with Ordinance 71-6.
zoning – cont.
The Board requested Mr. Henderson report on the complaint of dogs in the Griffin Shores Subdivision earlier this morning. Mr. Henderson stated that he had inspected the area and it was clean and that no violation existed and would, therefore, be a private court matter among them.
public health
Mr. Morton Aulls, Attorney representing Krygoski Construction Company, appeared regarding his petition for a rehearing involving the location of the sewage plant of the Wisconsin-Michigan Mobile Subdivision. Points of discussion were: the decline of the value of the property belonging to an adjoining owner; the possibility of amending Ordinance 1974-6 requiring that adjoining property owners be notified when approval of a sewage system is coming before the Board; the possibility of relocating this sewage plant; and the area of the spray field.
Mr. Aulls introduced Mr. Ed Waite, Real Estate Appraiser, who stated that this plant would definitely affect the value of the adjoining property owner. Mr. Aulls also presented an affidavit from Thelma B. Simpson, owner of Riley’s Trailer Park in Lake County, which stated that after the installation of a local sewage treatment plant the value of her property was reduced. This can be verified through the Lake County Property Appraiser’s Office.
Mr. Ford, County Attorney, stated the Board could not reconsider the case at this time, but could rescind its action of January 7, 1975.
Discussion was held. It was the feeling of the Board that this incident might remedy some of the same problems in the future, but it could not rescind its approval of two months ago because the owners had received all necessary approval and were in compliance of Ordinance 1974-6; therefore, on a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board agreed not to take any action regarding this matter.
oklawaha water control
Mr. Al Marshall, representing the Lake County Water Authority, appeared regarding the transfer of Lake County to the St. John’s Water Management District. He stated that the Water Authority was in favor of the transfer and would hope that the Board would do everything they could to avoid a delay in the scheduled transfer day of July 1, 1975.
public health
Commr. Windram brought to the attention of the Board that when the Northeast Lake County Ambulance Service was transferred from Lennon’s to Waterman it was stated in the minutes of October 30, 1974 that Lennon’s would operate this service on a month to month basis until it was taken over by Waterman and would be paid 1/12 of the 1974-1975 Budget beginning November 1, 1974. He stated this was a misunderstanding and, therefore, on a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved that when the money becomes available Lennon’s be paid 1/12 of the 1974-1975 Budget for that unpaid portion of October and November, excluding any funds that were budgeted for equipment.
accounts
The Clerk stated that the Board requested him to study and recommend a bank that would handle the Revenue Sharing demand account. He stated that he recommends the Bank of Mount Dora because it handled the least amount of County deposits. On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Bank of Mount Dora was designated to handle the demand account of the Revenue Sharing Funds.
commissioners
At 4:20 P.M. Commr. Windram excused himself from the rest of the afternoon session due to a prior commitment.
public health
Mr. Michael Willett, Director of Planning, and Michael Stearman, Assistant Planning Director, appeared to discuss the completion of the 201 Grant application. Mr. Stearman stated the Department has completed the application as far as it is able and a consultant must now be retained to prepare the application for presentation to the Environmental Protection Agency and the State Department of Pollution Control. Mr. Stearman stated that it would cost approximately $3,500 to complete this application, of which $1,446 has been received from the various municipalities for their participation. Discussion was held concerning who would make up the remaining $2,054. At this time, Mr. Stearman briefed the Board on the various in-kind services the County could render.
Commr. Hoskinson stated he would like to receive in writing what the various cities would like the County to do.
Mr. Willett stated that he would report back to the Board on this matter March 18, 1975.
accounts
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the purchase of two IBM Correction Selectric II typewriters at a cost of $648.00 each. One will be used in the Planning Department and the other in the Building Department.
bonds
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the following Contractor Bonds:
410-75 Kuron McMinn dba Mac Drywall, Inc.
1255-75 Alex P. Cameron dba A-C Plumbing
licenses and permits
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved the Gun Permit Bond for Dennis F. Wright, Doris L. McCall, H. Wendell Brock, and Willis V. McCall.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved the Gun Permit for Kenneth Hanes to be changed from a Colt 357 mag. Serial No. J77156 to a Smith and Wesson, 32 caliber, Serial No. 9902.
accounts
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved travel for two instructors and one assistant instructor of the DWI School to attend the “DWI Instructors Symposium” in Orlando at the Howard Johnson, April 6-8, 1975.
county tax assessor
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved the Certificates of Correction and Error Numbered, 10380-10525, as submitted by the Property Appraiser.
accounts
On a motion by Commr. Burhans, seconded by Commr. Carson and carried, travel was approved for Louise Monroe, Consultant Dietitian, to attend a meeting of the Dietetic Association in Pensacola on April 8-12, 1975, at the University Hospital.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the following vouchers for payment:
General Revenue 1098-1349
Auto Inspection 98-129
Aquatic Weed Control 2
Fine and Forfeiture 168-207
Road and Bridge 436-537
licenses and permits
The Clerk stated that Commr. Windram and Judge Aulls would like the Board to reconsider the gun permit application for Willie Sager. The Board had denied this permit on March 4, 1975 due to the investigation report. The Board requested this application be sent through the procedure again for reconsideration and action at a future Board meeting.
public health
Commr. Deems stated the County is presently without a Health Department Director and the County will have to replace him as soon as possible. The Board requested that Commr. Windram look into this matter.
contracts and agreements
Mr. Ford, County Attorney, presented a letter of agreement between Lake County and the Legal Aid Society. He explained that the State will give the grant money to Lake County and the County will forward it to the Legal Aid Society. On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved the Agreement as presented by Mr. Ford and directed the Chairman and Clerk to sign the same.
appraisals
Mr. Ford stated that a letter of appraisal of $160 had been received on the piece of County property which is located in Block 7, north of the meander line and adjacent to Lot “D” in Tavares. On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board authorized the Clerk to sell this property at public auction at a bid not lower than $250.00.
Mr. Ford stated that the appraisal of $36,000 had been received on the 40 acres west of the Astatula Landill. This was referred to the County Engineer and the Pollution Control Officer for their attention.
accounts
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved the payment of a $60.00 bill from Wade H. Payne, Realtor, for the above mentioned appraisals.
There being no further business to be brought before the Board, the meeting was adjourned at 5:30 p.m.
___________________________
J.M. Hoskinson, chairman
__________________________
James C. Watkins, Clerk