A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
november 8, 1977
The Lake County Board of County Commissioners convened in regular session on Tuesday, November 8, 1977 at 9:00 a.m., in the Board of County Commissioners’ Room, Courthouse, Tavares, Florida. Present were: C.A. “Lex” Deems, Chairman; Thomas J. Windram; Glenn C. Burhans; James R. Carson, Jr.; and J. M. Hoskinson. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Jennifer Kennedy and Andrea Gambrell, Deputy Clerks.
The Invocation was given by James C. Watkins, Clerk, and the Pledge of Allegiance was led by Glenn C. Burhans.
animals
Commr. Deems brought to the attention of the Board a problem at the Animal Shelter. He stated that the Humane Society is fearful of depleting its budget to pay for the boarding of the animals it is attempting to have taken from the owner due to the fact that there are over 12 dogs on the owner’s property, and she is not able to properly care for the animals. Discussion was held.
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved that the boarding feed for the above-mentioned animals be set at $2.00 a day per animal on a one-time basis pertaining to these animals only.
contracts and agreements
Commr. Deems stated that he had spoken with Mr. Barwick of Postal Colony and that Mr. Barwick has sent to him a record of costs for the care of the grove at that Log House Landfill as well as the price received from the fruit harvested from this grove. In view of the cost that has been put into the grove by Postal Colony, the Chairman recommended that the County accept the renewal of the contract on the same basis as in the past; however, it was requested that Mr. Barwick be requested to contact the Board of County Commissioners next year to discuss the renewal of this contract before any checks are issued and sent to the County Finance Department.
checks accepted
Commr. Carson presented to the Board a check made out to Lake County from Cablevision of Leesburg in the amount of $4,352.65 which represents Lake County’s share of the franchise from October 1976 through September 1977.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board accepted the above-mentioned check subject to this amount coinciding with the contract on file.
appointments
Commr. Deems presented to the Board a letter from the Division of Community Affairs informing Lake County that it must appoint or reappoint representatives to represent Lake County on the District VI Manpower Planning Advisory Board. Discussion was held. Commr. Burhans suggested that Mr. Horace B. Williams be reappointed to serve as the Client Representative.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board appointed the following to serve as Lake County’s representatives on the Manpower Planning Advisory Board: Commissioner Glenn C. Burhans, Public Representative; Mr. Robert Hunsucker, Agency Representative; and Mr. Horace B. Williams, Client Representative.
It was requested that each person be written a letter informing them of their appointment and that Mr. McTier, who represented the Agency Sector last year, be written a letter of appreciation for his service.
animals
Commr. Windram discussed with the Board the policy and procedure the Animal Shelter uses in the adoption of animals at the Animal Shelter. Discussion was held. The Board requested Commr. Windram and Mr. Ford, County Attorney, to review this procedure and report back to the Board with a recommendation.
county employees
Mr. Larry Ogle, representing Open Door Inc., appeared before the Board to present to Mr. Harry Spooner, Lake County CETA Coordinator, and his staff a letter of appreciation for their assistance in helping to become a reality the operation of Open Door, Inc.
east central florida regional planning council
Commr. Hoskinson reported to the Board that the East Central Florida Regional Planning Council felt that it was necessary to create a Wekiva River Coordinating Committee. He informed the Board of the members that would comprise this committee and stated that he and Commr. Windram were selected to serve on this committee and that he, Commr. Hoskinson, had been elected as Chairman. He stated that the first meeting of this committee would be held in the Board’s Conference Room on November 9, 1977, at 9:00 a.m.
courthouse
At this time, Commr. Hoskinson informed the Board that there had been some changes in the location of the offices in the old Lake County Courthouse. He stated that the Personnel Offices had been moved to the Old Chamber Building and now occupied the space that was designated for the Legislative Delegation Offices and that the Legislative Delegation Offices would be located in the office space allocated to the Personnel Office on the First Floor of the Old Lake County Courthouse.
county buildings/courts
Commr. Hoskinson discussed with the Board the moving of the Juvenile Detention Center. He stated that according to the information he has received, it is not possible to reverse this decision and that the Juveniles were in the process of being transferred to Ocala.
bids/accounts allowed/autos and trucks
Mr. Knuckles appeared before the Board with the tabulation of the bids received for the purchase of two 1 ½ ton trucks and Automotive Repair Parts and Service.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board accepted the low bid from D.C. Waters Ford for the above trucks in the amount of $13,120.18 which includes the trade-in of Property Numbers #3321 and #3654.
Discussion was held on the bids pertaining to the County Vehicle Repair Parts and Service. Mr. Knuckles suggested that all four bids be accepted. On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board accepted the recommendation of the Purchasing Director and accepted all four bids which were received.
courthouse
Mr. John Dickerson, Architect, appeared before the Board regarding the close out of the Courthouse Documents. At this time, he also requested that the General Contractor be paid for the work which he has performed.
The Board brought to the attention of the Architect the items in the Courthouse which were not in working order. Mr. Dickerson stated that there was a Performance Bond in effect for one year and assured the Board that those things which were not in working order would be corrected. The Board reviewed with Mr. Dickerson the list of items which needed attention in the Courthouse. Mr. Dickerson again assured the Board that these items would be corrected. Further discussion was held.
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board approved for the checks which were written last week to the Architects and the General Contactor to be released.
county buildings
Commr. Hoskinson again discussed with the Board the decision of the State to close the Juvenile Shelter in Lake County. The Board considered fighting this action in Court. It was the feeling of those present that if the County fights this decision, the operation of the Shelter may be given to the County with the County being responsible for the funding of the operation in accordance with the State Rules and Regulations.
It was requested for Mr. Ford to research the possibility of an administrative appeal.
resolutions
Mr. Watkins discussed with the Board some potential changes which the Constitutional Revision Committee is considering making involving the duties of the Clerk. It was discussed that some counties have problems in the relationship between the Clerk and the Board of County Commissioners; however, Lake County is not one of them. Further discussion was held. Mr. Watkins presented to the Board a proposed resolution which requests that no changes be made by the Constitutional Revision Commission pertaining to the duties of the Clerk.
On a motion by Commr. Windram, seconded by Commr. Carson and carried, the Board adopted the aforementioned resolution as presented by the Clerk. Commr. Hoskinson voted “no.”
funds – transfer
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the transfer of $10,000 from the Fine and Forfeiture Contingency Account to “Salaries, Deputy Sheriff and Assistants” due to incorrect addition on the budget request of the Sheriff.
budgets
On a motion by Commr. Windram, seconded by Commr. Carson and carried, the Board approved the following transfers as of September 30, 1977 for the year end closing adjustments:
General Revenue
Transfer $89,588.25 from Contingency to the following accounts the amount stated:
$197.65 to 2101102 Salaries & Matching
$19,526.73 to 2101105 Contributions
$1864.16 to 2101106 Hospitalization
$2588.46 to 2101108 Unemployment Compensation
$322.70 to 2101328 Travel Expense
$1587.79 to 2101333 Legal Advertising
$13,178.57 to 2101335 Telephone
$438.89 to 2103334 Commissions, Fees & Costs
$3,393.78 to 2212334 Commissions
$91.88 to 2320205 Office Supplies & Expenses
$13,732.45 to 2320334 Commissions, Fees & Costs
$712.48 to 2322402-2 Equipment
$252.80 to 2441341 Contracted Services
$157.46 to 2552333 Advertising
$101.39 to 2552335 Telephone
$6,295.98 to 2552402 Equipment
$9,968.61 to 2670102-1 Salary Custodian & Matrons
$109.03 to 2670204 Misc. Expense
$1112.68 to 2670341 Contracted Services
$4650.00 to 2670402 Equipment
$20.24 to 2780328-1 Travel Expense Planning Commission
$93.00 to 2780328-2 Travel Expense Appeal Board
$693.27 to 2991102-1 Salary Service Office
$68.14 to 2991205 Office Supplies and Expenses
$66.08 to 3440102-3 Salaries Building Inspectors
$338.38 to 3440338 Maintenance of Equipment
$162.24 to 3440341 Contracted Services
$123.00 to 3441305 Payment of Delinquent Fees
$536.48 to 2101402 Equipment
$75.69 to 3991335 Telephone
$375.22 to 3991402 Equipment
$44.70 to 3993102 Salary Secretary
$78.25 to 5106208 Medicine & Drugs
$193.98 to 5106337 Maintenance of Building
$114.39 to 5106338 Maintenance of Equipment
$37.78 to 5106341 Contracted Services
$26.33 to 5220335 Telephone
$33.84 to 5220340 Utilities
$713.34 to 5221308-1 Food
$1302.60 to 5221309-1 Drug
$1339.99 to 5222315 Medicaid – Hospital
$485.30 to 5223210 Household & Kitchen Supplies
$189.00 to 5223330 Insurance & Bonds
$69.97 to 5223337-1 Maintenance of Buildings
$682.23 to 5223338 Maintenance of Equipment
$151.40 to 5223341 Contracted Services
$289.78 to 6102340 Utilities
$264.00 to 6302102-6 Salary Assist. Home Demonstration Agent #1
$215.39 to 6302340 Utilities
$10.31 to 6303205 Office Supplies & Expenses
$3.13 to 6303335 Telephone
$240.86 to 6305102-2 Salaries Water Pollution
$138.10 to 6305201 Gas, Lubricants & Other Propellants
$128.35 to 6305204 Supplies Not Otherwise Specified
fine and forfeiture fund
Transfer $500.21 from Contingency to Account #2332332 “Books, Maps, Etc.”
Transfer $592.75 from Contingency to Account #2321205 “Office Supplies & Expenses.”
road & bridge fund
Transfer from Contingency to the following account the amounts stated:
$.08 to 4101102 Salary County Engineer
$2354.50 to 4102107 Workmen’s Compensation
$484.37 to 4102108 Unemployment Compensation
$379.83 to 4102207 Tools & Implements Small
$235.15 to 4102333 Books, Maps, Etc.
dwi school fund
Transfer $236.15 from account #3993341, Contracted Service to account #3993205, Office Supplies & Expenses.
c.o.r. (county building) fund
Transfer $11,000 from account #26070341-3, Contracted Service Moving Expense to account #2670341-4, Contracted Service – Landscaping.
Transfer $2565.28 from account #2670341-3 Contracted Service – Moving Expense to account #2670341-5, Contracted Service – Paving Parking Lots.
state aquatic weed control fund
Transfer $36.10 from account #6304102 Salaries to account #6304402, Equipment.
state ii landfill
Transfer $5644.10 from account #4210102-1, Salaries to account #421-0201-1, Gas, Lubricant & Other Propellants.
Transfer $1269.19 from account #4210105-1, Matching Cost to account #4210201-1, Gas, Lubricants & Other Propellants.
Transfer $434.26 from account #4210105-1, Matching Costs account #4210338-1, Maintenance of Equipment.
Transfer $700.00 from account #4210402-1, Equipment to account #4210338-1, Maintenance of Equipment.
ceta vi projects
Transfer $2,370.64 from Account 5348265, “Materials” to Account #5348102, “Salaries”
Transfer $1,216.18 from Account #5348105, “Matching Costs” to Account #5348102, “Salaries.”
general revenue
Local Mosquito Control
Transfer $1,780.92 from Account #4212338-3, “Maintenance of Equipment” to Account #4212201-3, “Gasoline, Lubricants & Other Propellants.”
Transfer $85.06 from 4212328-3, “Travel Expense” to Account #4212204-3-2, “Miscellaneous Expense.”
Transfer $214.03 from 4212328-3, “Travel Expense” to Account #4212340-3, “Utilities.”
Transfer $17.50 from Account #4212209-3, “Medical & Surgical Supplies” to Account #4212334-3, “Commissions, Fees & Costs.”
budgets/appropriations
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the amended budget for CETA Title I PSE Fund due to the County receiving more CETA Funds than were anticipated when the Budget was prepared.
budgets
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the amended budget for the EDA Grant due to the receiving of federal funds.
bonds
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the following Contractor Bonds:
473-78 Guy John Love
896-78 True Temp, Inc.
1592-78 Earl J. Kerby dba Tri City Construction Company
1594-78 Raymond Walker (Residential)
1596-78 Warren A. Monday dba Tara Mobile Homes, Inc.
1598-78 W.D. Watson dba F & W Plumbing
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the cancellation of the following Contractor Bonds:
24-76 James Lenhart
1111-76 Caroll M. Walter
458-76 Curtis Batson dba Riviera Pools of Florida, Inc.
473-71 Guy John Love
1309-76 Charles R. Coleman
1314-77 Robert J. Nali dba Rober J. Nali Construction Company, Inc.
1365-76 Ronald W. Thomley
contracts and agreements
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the Chairman to sign the necessary assignment forms and leases which will turn the responsibility of the rental payment for the “out” buildings rented by the Tax Collector to the County.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved and authorized the Chairman to sign the necessary documents as presented by the Clerk and reviewed by the County Attorney’s Office.
animals
The Board discussed with the County Attorney the status of the suit which was served on the Board of County Commissioners pertaining to the puppies which were destroyed by the Animal Shelter.
Mr. Ford stated that he had received no further communication on this matter, but informed the Board that a copy of this suit has been forwarded to the County’s General Liability Insurance Carrier.
commissioners
At 11:30 a.m. Commr. Hoskinson excused himself from the meeting.
roads – county
Mr. Ford presented to the Board a resolution pertaining to the A.B. Merritt Road which returns to Mr. Adkins certain lands on this road which were given to the County for road purposes but not used. Discussion was held. The Board requested that the resolution be amended to state that the County does not mean to destroy any prescriptive rights on this road. The Board requested that this resolution also state that the County has no intention of destroying any prescriptive rights on this road.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board adopted the above-mentioned resolution as amended.
recess and reassembly
At 11:40 a.m. the Chairman announced that the Board would adjourn for lunch at the Park Restaurant. The public and press were invited on a dutch treat basis. The Board will reconvene at 1:30 p.m.
grants/bids
At 1:30 p.m. Mr. Andrew, County Engineer, appeared before the Board pertaining to the awarding of the EDA Grant Funds for the paving of roads in Lake County. It was recommended the Superior Asphalt be awarded Projects 5 & 6; All American Construction Company be awarded Projects 2 & 3; and Square G be awarded Projects1 & 4. The total of all the low bids comes to $483,139.30.
It was stated that all the necessary forms had not been completed by the construction companies. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried, the Board awarded the bids as stated above, as recommended by the County Engineer and authorized the Chairman to sign same subject to the County Attorney’s office approving of the completion of the necessary forms.
Commr. Carson was absent for the vote.
lake county property appraiser
On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried, the Board approved Certificates of Error and Correction 5-09108 through 5-09150. Commr. Carson was absent for the vote.
appropriations
Commr. Burhans brought to the attention of the Board that the CETA Program was assisting the Lake Mack area in the pouring of a concrete slab for the volunteer fire department in this area. He stated that the slab was to cost $960.86; however, the cost is slightly more and requested the Board approve the amount of $1233.82 for the above-mentioned slab.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the above request as presented by Commr. Burhans.
bonds
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the request of Charles Nix to live in a mobile home on the same piece of 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.
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the six-month extension of the mobile home bond for Frank Williams, subject to the proper bond being posted again and with the understanding that the mobile home will be removed upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners.
On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved a six-month extension of the mobile home bond for Charles J. Walter, subject to the proper bond being posted again and with the understanding that the mobile home will be removed upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners.
zoning
zoning violation 77-66 langley fruit company
No one appeared before the Board regarding this case. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board found the Langley Fruit Company in violation, declared the violation a public nuisance and gave them 30 days to comply with Ordinance 70-1.
zoning violation 77-69 joseph piazza
No one appeared before the Board regarding this case. On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board found Mr. Piazza in violation, declared the violation a public nuisance and gave him 30 days to comply with Ordinance 71-6.
zoning violation 77-70 mr. zdzislam hokaszewski
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. Hokaszewski in violation, declared the violation a public nuisance and gave him 30 days to comply with Ordinance 70-1.
zoning violation 77-71 Mr. Dick kinsey
No one appeared before the Board regarding this case. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board found Mr. Kinsey in violation, declared the violation a public nuisance and gave him 30 days to comply with Ordinance 71-6.
zoning violation 77-72 tex merritt
Mr. Merritt appeared before the Board and stated that the travel trailer had been removed from the property in question. He stated that he does store the travel trailer on this property from time to time and may use it while it is parked there. However, he assured the Board that power was not hooked up to the travel trailer. Discussion was held.
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board dismissed this case because the violation no longer existed.
zoning violation 77-73 Mr. William Merritt
No one appeared before the Board regarding this case. On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board found Mr. Merritt in violation, declared the violation a public nuisance and gave him 60 days to comply with Ordinance 71-6.
zoning violation 77-74 jerry bryant
Mr. Bryant appeared before the Board regarding this case. He stated that he has had his hunting dogs on his property for seven years and that he keeps the pens as clean as possible. He informed the Board that no one had notified him that there should be a septic tank installed for the dog pens.
Discussion was held regarding the zoning and the number of animals allowed in this area. Discussion was held regarding what constituted a “normal” number of animals. The Board was informed that the Planning Department several years ago established a “normal” number to be one male dog, one female dog and a normal litter of puppies.
Mr. Joseph P. Whittington, a resident in the area, appeared before the Board and stated that he and his wife live across the street from Mr. Bryant and advised the Board that the odor in the summer time is unbearable.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board found Mr. Bryant in violation, declared the violation a public nuisance and gave him 60 days to comply with Ordinance 71-6 and 70-1.
zoning violation 77-75 Mrs. E.O. Walsh
No one appeared before the Board regarding this case. On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board found Mrs. Walsh in violation, declared the violation a public nuisance and gave her 30 days to comply with Ordinance 71-6.
zoning violation 77-81 Mr. m.a. galbreath
Mr. Willett informed the Board that Mr. Galbreath could not be present due to ill health and requested that this case be postponed until next month.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board postponed this case until December 13, 1977 at 2:00 p.m. or as soon thereafter as possible.
grants
Mr. Willett presented to the Board for its approval a Housing Rehabilitation Contract for Hattie Mae Boyd in the Southeast Umatilla Area in the amount of $1500.
contracts and agreements
Mr. Watkins presented to the Board a letter from T. Keith Hall, Tax Collector, requesting permission to purchase gasoline from the County bulk plant. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the above request and directed the County Attorney to draw the necessary contract.
roads – subdivision
Mr. Ford presented to the Board a Satisfaction of Special Assessment and Lien on Lot 7 in Sunny Dell Park Subdivision. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the above submitted Satisfaction of Special Assessment and Lien as presented to the Board by the County Attorney and authorized the Chairman to sign same.
recess and reassembly
At 2:55 p.m. the Chairman announced that there would be a short recess and the Board would reconvene at 3:00 p.m.
zoning
At 3:00 p.m. the Board opened for discussion the matter involving the Odessey Bottle Club. The Chairman, C.A. Deems, stated that everyone would be given an opportunity to voice their opinion.
Mr. Ford presented to the Board a proposed Ordinance to regulate Bottle Clubs in Lake County. It was stated at this time that the Ordinance had not yet been advertised for public hearing and would not be adopted today.
Discussion was held as to the possibility of obtaining an injunction to halt the operation of the Odessey Bottle Club. Mr. Ford stated that it could not be declared a public nuisance, because it only affected certain people in the area. Mr. Ford attempted to explain the case laws on the books which speak to public nuisances.
Mr. Peter Peterson, Mr. Morris Phipps, Mr. Raymond Bradley, Mrs. Davenport, Mr. Louis W. Fisher, Reverend Chapman, Nel Stevens, Mrs. Nancy Zippirer and Mrs. Georgia Height, residents of the area, appeared before the Board and reiterated to the Board problems which they have encountered with the patrons that frequent the Odessey Bottle Club.
Discussion was held. On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board directed Mr. Ford, County Attorney, to research this matter and attempt to determine if this is a public or private nuisance.
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved the proposed Alcohol Beverage Ordinance to be advertised for December 6, 1977 at 10:00 a.m.
county employees
Mr. Porter, Director of Personnel, appeared before the Board to request an additional Prison Guard position be created at a salary of $7,000 per year. He stated that this position was needed. Discussion was held.
On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved the creation of the above-mentioned position at a salary of $7,000 per year and approved for the position to be filled as soon as possible. The Board also approved that this employee be equipped with the same uniform shirt as is worn by the other prison guards.
There being no further business to be brought before the Board, the meeting was adjourned at 4:30 p.m.
_____________________________
C.A. “Lex” deems, chairman
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James C. Watkins, Clerk