A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS
january 11, 1977
The Lake County Board of County Commissioners convened in Regular Session on Tuesday, January 11, 1977 at 9:00 A.M., in the Board of County Commissioners’ Room, Courthouse, Tavares, Florida. Present were: C.A. Deems, Chairman; Thomas J. Windram, James R. Carson, Jr., Glenn C. Burhans and J.M. Hoskinson. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; Sharon Mitchell and Andrea Gambrell, Deputy Clerks.
The Invocation was given by James C. Watkins and the Pledge of Allegiance was led by James R. Carson.
minutes
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the minutes of the regular meeting of December 14, 1976, were approved as amended.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the minutes of the regular meeting of December 21, 1976, were approved as amended.
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the minutes of the special meeting of January 3, 1977, were approved as submitted.
roads-subdivision
Mr. Robert Andrew, County Engineer, appeared before and informed the Board that Lakeview Acres was a recorded Subdivision with which there were a few problems. He stated that the developer has submitted an affidavit stating that there are only two outstanding bills pertaining to the subdivision and is therefore requesting the release of $10,800 from the Escrow Agreement. He stated that this has met the approval of the County Attorney’s Office.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the release of $10,800 from the Escrow Account of Lakeview Acres Subdivision as recommended by the County Engineer and the County Attorney.
roads – county
Commr. Carson reported to the Board that he had contacted the Department of Transportation regarding their policy pertaining to the maintenance of beacon lights. He stated that the DOT does not have the manpower to maintain blinking lights and if such maintenance is needed they contract it out to private companies which have the equipment necessary to repair the above mentioned type of light. Commr. Carson further stated that the County could not use its Secondary Road Funds to contract with private companies to maintain these lights.
At this time, Commr. Carson stated that he felt it was necessary to have a blinking light installed on South Street near the Oak Park Elementary School due to the number of children that cross this road. However, Commr. Carson suggested that the County install the light through local funds because if the DOT erected this light the cost would be approximately 50 percent higher due to the procedures they must follow. He further stated that it might be possible that the City of Leesburg or the School Board would maintain the light after it is installed by the County.
Commr. Hoskinson presented to the Board a request from various fruit growers for permission to purchase clay from the County for the repair of Live Oak Island Road which is an old road used to haul fruit. The Board members stated that Mr. Ford, County Attorney, as instructed them that the County could not sell clay to private individuals.
The Board referred this matter to the County Engineer for his attention and if something can be worked out for the County to assist in this problem he was directed to return the matter to the Board for formal action.
Commr. Burhans reported to the Board that he had met with the people in Astor regarding the condition of their roads. He stated that their main concern was the condition of Seventh Avenue. No further action was taken at this time.
public health
Doctor June Murray, Director of the Lake County Health Department, appeared before the Board regarding the creation of Home Health Care Services Program in Lake County with the use of Title I, PSE Funds.
She informed the Board that in order to establish such a program a Certificate of Need must be obtained from the Health Services Agency which takes approximately 60 days to process. She stated that there is a problem in that HAS will not issue the required Certificate for a temporary program. She, therefore, requested approval to apply for this certificate under the name of the Board of County Commissioners.
Discussion was held regarding the programs for Home Health Care Services which are slated to begin in Lake County, the advantages and disadvantages of these other Home Health Care Services being established as profit making and privately operated. The Board discussed the percentage of bad debts that would be incurred through this Home Health Care Program.
Doctor Murray informed the Board that Medicare would pay the actual cost of the Home Health Care visit by the organization. She further stated that it is hoped this will become an ongoing program and it has been indicated by representatives of the Waterman Memorial Hospital and the South Lake Community Hospital that when the funding for this program ends an organization would be formed to pick up this Home Health Care Program if the County was unable to take it on as a County responsibility. Further discussion was held.
On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved for Doctor June Murray to apply for the necessary Certificate of Need in the name of the Lake County Board of County Commissioners for the operation of the proposed Home Health Care Services Program. The Clerk was requested to assist Doctor Murray in any way possible.
At this time, Doctor Murray stated that a fee schedule had to accompany the application for Certificate of Need and she suggested that a charge of $18.00 per visit be charged when the visit is made by a Registered Nurse and a $12.00 fee be charged when the patient is visited by a Health Aide. On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the above fee schedule as recommended by Doctor June Murray.
grants
Mr. Willett, Director of Planning, appeared before the Board to discuss the Title 2, Anti Recession Funding, as it pertains to the Public Works Act. He stated that there are certain conditions to these funds; however, a loophole has been found which would enable the County to place these funds into the salary account and transfer the money that was budgeted by the County for salaries into another budget which would allow the County to plan projects which it could not do with the Title II funds. The Board felt that it was “playing games” with these funds by placing them in the salary budget. Discussion was held on what the Board could and could not do with these funds. It was discussed if these funds could be used to absorb some of the increase in the County Group Health Plan or use it to re-strip roads.
insurance
Due to the above discussion, Commr. Carson stated that the Insurance Committee was planning to recommend to the Board that it continue its Group Health Plan with the Time Insurance Company. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the recommendation of the Insurance Committee. Commr. Carson stated that he would report to the Board next week as to the Committee’s recommendation on what percentage, if any, of the increase it would recommend the County absorb as well as look into the possible use of the Title 2, Anti Recession Funding for this purpose.
grants
Mr. Willett stated that the only other item he needed to bring before the Board was approval to apply for the 701 Community Assistance Program Funds which will be used by the County in assisting the Cities of Tavares, Mount Dora and Eustis with its Comprehensive Plan. On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved for the Planning Department to apply for the above mentioned 701 Funds.
bonds
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request of Mr. James Makin to place a mobile home on the same property on which his conventional dwelling is being built subject to the proper bond being posted and with the understanding that the mobile home will be removed immediately upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners.
county employees
Commr. Windram reported to the Board that Mr. Ted Wicks in the Pollution Control Department had received a job offer from a private company and was presenting this information to the Board for discussion. After much discussion it was moved by Commr. Windram, seconded by Commr. Burhans and carried, that the salary of Ted Wicks be raised to $13,000 a year effective January 1, 1977. Commr. Deems and Commr. Carson voted “no.”
ordinance
On a motion by Commr. Windram, seconded by Commr. Carson and carried, the Board postponed consideration of the two Sign Ordinances until 11:15 A.M. Commr. Hoskinson was absent for the vote.
accounts allowed
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved for the following vouchers to be paid:
General Revenue 620-864 NW Ambulance 2
Fine & Forfeiture 98-146 DWI School 5-6
Road & Bridge 186-273 Revenue Sharing 3
Auto Inspections 43-61 COR (Co. Bldg.) 4-6
COR (Armories) 1 Section 8 2-6
Youth Vol. Counselor 5 Fish Conservation 3-9
NE Hospital 4-5 CETA 28-42
NE Ambulance 2-3
accounts allowed
On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board approved the payment of Sheriff McCall’s salary in the amount of $2,240.66 as well as the 1/12 draw of his budget in the amount of $152,648.31.
tax refund
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the application of Mildred C. Todd for the reimbursement of unclaimed redemption monies in the amount of $39.89 and $7.99. The Clerk stated that the application was signed by Mrs. Todd and the Tax Collector and was in order.
bonds
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the following contractor bonds were approved:
6-77 W.H. Watson dba F& W Plumbing
1205-77 James E. Shirely dba Shirley Construction
1385-77 Lee Phillips dba Nylonize of Lake County
1399-77 James E. Russell dba Electrical Contractor
1490-77 Edward Lynum, Jr. (General Contractor)
1491-77 Harry Hough dba Mechanical Contractor
1492-77 Warren E. Phelps dba Phelps Electric Company
1493-77 John Miller dba Aqua Services, Inc.
lake county property appraiser
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board approved the Certificates of Error and Correction 5-9008 through 5-9016 as submitted by Ed Havill, Property Appraiser.
accounts allowed
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the release of $75,500 payable to the Waterman Memorial Hospital Association, Inc. This represents the available funds raised in the Northeast Lake County Hospital Tax District.
county employees
Mr. Watkins reported to the Board that it was necessary for the Board to direct the Personnel Department to accept applications for the position of Custodian for the Courthouse because Wayne Reed, Courthouse Custodian, did not report to work or call in with an excuse for three days and has been discharged from his position and Mr. Bill Hamner, also a custodian, has submitted his resignation effective February 1, 1977, to accept a position with the Lake County Sheriff’s Department.
The Board directed the Clerk to inform the Personnel Department to begin accepting applications for the position of the Courthouse Custodian and review the top three applicants with Commr. J.M. Hoskinson.
ordinances
At 11:15 A.M. the Chairman announced that the time had arrived for the Board to consider two postponed Sign Ordinances.
Mr. Willett was present and reviewed with the Board the various changes that had been made in the Ordinance. Discussion was held regarding the section of political signs.
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board placed the Ordinance on the floor for discussion. No one appeared before the Board to present comments on this Ordinance.
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board approved for the Ordinance to be placed on the floor for its first and only reading by title only which is as follows:
AN ORDINANCE REGULATING OUTDOOR ADVERTISING; DEFINING OUTDOOR ADVERTISING; PROVIDING FOR TEMPORARY SIGNS; REGULATING THE LOCATION, SIZE, AND PLACEMENT OF THE SIGNS; PROVIDING FOR A SYSTEM OF PERMITS FOR REGULATING OUTDOOR ADVERTISING AND PROVIDING FOR CHARGES FOR SAID PERMITS; PROVIDING FOR THE REGULATION OF SIGNS ALONG FEDERAL – AID PRIMARY HIGHWAYS IN ACCORDANCE WITH THE FEDERAL HIGHWAY BEAUTIFICATION ACT OF 1965; PROHIBITING CERTAIN TYPES OF SIGNS; PROVIDING FOR A PHASE OUT PERIOD FOR NON-CONFORMING SIGNS AT THE ENACTMENT OF THE ORDINANCE; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board adopted the above Ordinance by title only as amended.
The Chairman announced that the scheduled time had arrived for the Board to consider an Ordinance amending the Zoning Regulations regarding the size and location of signs.
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board placed this ordinance on the floor for discussion.
No one appeared before the Board to present comment on this Ordinance.
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board placed the above mentioned Ordinance on the floor for its first and only reading by title only which is as follows:
AN ORDINANCE AMENDING THE ZONING REGULATIONS OF LAKE COUNTY, FLORIDA, ORDINANCE 1971-6, AS AMENDED TO DATE, BY DELETING THE FOLLOWING SECTIONS REGARDING THE SIZE AND LOCATION OF SIGNS: 40.83, 40.84, 60.13, 61.13, 62.13, 62.23, 63.13, 64.13, 645.13, 65.13, 665.13, 67.13, 68.13, 69.13, 610.13, 611.13, 70.30; DELETING THE WORDS “EXCEPT SIGNS WHICH SHALL MAINTAIN A TWENTY-FIVE FOOT SETBACK” FROM THE FOLLOWING SECTIONS: 60.140, 61.140, 62.140, 62.240, 63.140, 64.140, 645.140, 65.14, 665.140, 67.140, 68.140; AND DELETING THE WORDS “OTHER THAN THE PROJECT IDENTIFICATION SIGN WHICH MAY BE PLACED NOT LESS THAN TWENTY-FIVE FEET FROM THE HIGHWAY RIGHT-OF-WAY” FROM SECTION 66.150; PROVIDING FOR A SEVERABILITY CLAUSE,
PROVIDING FOR AN EFFECTIVE DATE.
On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the above Ordinance was adopted by the Board on its first and only reading by title only.
autos and trucks
Commr. Windram presented to the Board a memorandum from the Personnel Department regarding the condition of the 1969 Ford and requested that the Board consider the purchase of another vehicle for this Department. The Board discussed whether this Department needed a vehicle. It was stated that the vehicle is used mainly by Mr. Spooner, CETA Coordinator, in monitoring the various CETA positions in the municipalities.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the Purchasing Department to advertise for the purchase of a midsize vehicle for the Building Department and transfer one of the new Chevetts from the Building Department to the Personnel Department. The Board also directed that the 1969 Ford be used as a trade in on the new vehicle. The time and date for the acceptance of bids shall be determined by the Clerk.
appointments
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the appointment of Mrs. Blanche Etheredge to the Planning and Zoning Board.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board directed the Clerk to write a letter of commendation to Mr. Ed Weaver, member of the Planning and Zoning Board, and inform him of his termination as a member of the Planning and Zoning Board.
roads – county
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board adopted a resolution approving the installation of a blinking light at the intersection of SR 33 and SR 48 at S470, and agreed that it would be maintained by the County.
appointments
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board reappointed Mr. Jay M. Vander Meer as a member of the Planning and Zoning Commission. His term will run in accordance with Ordinance 1976-4.
recess and reassembly
At 12:00 Noon the Chairman announced that the Board would adjourn for lunch at the Silver Lake Golf and Country Club. The public and press were invited on a dutch treat basis.
road closing
At 1:30 P.M. the Chairman announced that the advertised time had arrived for the Board to consider the Closing of DR 1-7917 the description of which is as follows:
THE WEST 66 FEET OF SECTION 6, TOWNSHIP 18 SOUTH, RANGE 25 EAST, LAKE COUNTY, FLORIDA; THE NORTH 66 FEET OF THE WEST 1500 FEET OF GOVERNMENT LOT 3, LESS THE WEST 66 FEET THEREOF IN SAID SECTION 6; BEGIN AT THE SOUTHWEST CORNER OF GOVERNMENT LOT 4, SECTION 6, TOWNSHIP 18 SOUTH, RANGE 25 EAST, LAKE COUNTY, FLORIDA, RUN THENCE NORTH 89 DEGREES 50’ 10” EAST 1878 FEET, ALONG THE SOUTH LINE OF GOVERNMENT LOT 4, THENSE NORTH 29 DEGREES 04’ 45” WEST TO A POINT THAT IS 66 FEET NORTH OF THE SOUTH LINE OF GOVERNMENT LOT 4, THENCE SOUTH 89 DEGREES 50’ 10” WEST TO THE WEST LINE OF GOVERNMENT LOT 4, THENCE SOUTH 66 FEET TO THE POINT OF BEGINNING, LESS THE WEST 66 FEET THEREOF; THE NORTH 400 FEET OF THE WEST 66 FEET OF GOVERNMENT LOT 1, SECTION 7,
TOWNSHIP 18 SOUTH, RANGE 25 EAST, LAKE COUNTY, FLORIDA.
No one appeared before the Board in opposition to this road closing. Mr. Ford, County Attorney, stated that he had received from Larry Taylor, Attorney representing Mr. McKay, the WARRANTY DEED on the land that is being given to the County by Mr. McKay in trade for the closing of DR 1-7917.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board adopted a resolution closing DR 1-7917.
deeds
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board accepted the WARRANTY DEED from Mr. McKay on land which was used in trade for the closing of DR 1-7917.
resolutions/animals
At this time, Mr. Ford presented to the Board a resolution regarding the sale and/or disposal of neglected or mistreated animals. He stated that he would like the Board members to study this resolution. No action was taken at this time.
funds-transfer
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the transfer in the Block Grant Fund of $1,700 from #5346333 “Advertising” to #5346341 “Contracted Services”, transfer $1,300 from # 5346334 “Commissions & Fees” to #5346341 “Contracted Services.”
accounts allowed
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved payment to Jones and Dickerson, Architects, in the amount of $3,977.66 which is in accordance with their contract with the County.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved payment to P & C Thompson Brothers in the amount of $221,445.00 which is in accordance with their contract with the County.
indigents
On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the following changes were approved on the Indigent List:
ADD Hugo Nachbaur for Sharon Howe Dist # 2 $50.00
CANCEL Tom Studer for David Morse Dist # 2 $40.00
CANCEL Arthila William for Ray Wheat Dist # 2 $40.00
CANCEL Lewis Hart for Wilham Montez Dist # 2 $40.00
CANCEL Jimmie Kemp for Patricia Young Dist # 2 $44.00
roads-county/contracts and agreements
Mr. Watkins presented to the Board a maintenance agreement from the Department of Transportation for the maintenance of the blinking light at SR 19/Turnpike/SR 25 (US 27). On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the above agreement and authorized the Chairman and Clerk to sign same.
appointments
Commr. Hoskinson presented to the Board for discussion the matter of the creation of the Commission on the Status of Women. Mr. Ford reiterated his opinion that he did not feel it was a governmental function and did not see the need for its establishment. The Board requested Commr. Hoskinson discuss the merits of the Commission on the Status of Women with other commissioners from other counties at the next State Association of County Commissioners meeting.
zoning
ZONING VIOLATION 76-114 F.A. Dillard
Mr. Willett reported to the Board that Mr. Dillard had the property cleaned up on the 4th of January and on the 5th of January dumping had occurred again. Mr. Robert Stebbins, Attorney for Mr. Dillard, appeared before the Board and stated that it was not the fault of the property owner that this situation existed. Discussion was held. On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board directed that “No Dumping” signs be erected at the site.
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, action on this case was tabled.
ZONING VIOLATION 76-121 W.A. Whaley
No one appeared before the Board regarding this case. On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board found Mr. Whaley in violation, declared the violation a public nuisance and gave him 30 days to obtain the proper building permit.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board waived the need for Mr. Whaley to pay the required fee to obtain the necessary building permit.
ZONING VIOLATION 76-134 Andrew Grimes
No one appeared before the Board regarding this case. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board dismissed this case because Mr. Grimes had obtained the necessary permit.
ZONING VIOLATION 76-139 Edwin T. Mulock & Associates
Mr. Edwin T. Mulock appeared before the Board regarding this case. He stated that there were three violations, two of which have been corrected. He stated that the third violation involves the power box which is located on the property and he is researching the possibility that there may be some recourse against the City of Leesburg regarding this matter.
Mr. Paul Chapman appeared before the Board and stated that he was the person who filed the complaint and voiced his eagerness to have the violation settled. Discussion was held.
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board found Edwin T. Mulock & Associates in violation, declared the violation a public nuisance and gave them 60 days to comply with Ordinance 1971-6.
ZONING VIOLATION 76-143 John Munro
No one appeared before the Board regarding this case. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board found Mr. Munro in violation, declared the violation a public nuisance and gave him 30 days to comply with Ordinance 71-6.
ZONING VIOLATION 77-2 Ronald Ralph
No one appeared before the Board regarding this case. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board found Mr. Ralph in violation, declared the violation a public nuisance and gave him 30 days to comply with Ordinance 70-1.
ZONING VIOLATION 77-4 Thomas Anderson
No one appeared before the Board regarding this case. On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board found Mr. Anderson in violation, declared the violation a public nuisance and gave him 30 days to comply with Ordinance 71-6.
adjournment
There being no further business to be brought before the Board, the meeting adjourned at 2:50 P.M.
_________________________
C.A. “Lex” Deems, Chairman
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James C. Watkins, Clerk