A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
MARCH 12, 1974
The Board of County Commissioners of Lake County, Florida, convened in regular session in the Commissioners’ Room, Courthouse, Tavares, Florida, on Tuesday, March 12, 1974, at 9:00 o’clock A.M. with the following members present: James R. Carson, Jr., Chairman; C.A. Deems; J. M. Hoskinson, Thomas J. Windram; Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; Debby Potter, Deputy Clerk, and Andrea Gambrell, Deputy Clerk.
The meeting was called to order by the Chairman. The Invocation and Pledge of Allegiance was led by James C. Watkins, Clerk.
minutes
Minutes of the following meetings were approved:
Moved by Commr. Deems seconded by Commr. Hoskinson and carried, the minutes of the October 2, 1973, meeting were approved as amended. Amended copy on file.
Moved by Commr. Hoskinson seconded by Commr. Deems and carried, the Minutes of the October 9, 1973, meeting were approved as amended. Amended copy on file.
The Minutes of the February 5, 1974, meeting were reviewed by the Board and are to be resubmitted as amended to the Board for its approval.
Moved by Commr. Hoskinson seconded by Commr. Deems and carried the Minutes of the February 12, 1974, meeting were approved as amended. Amended copy on file.
It was requested that the February 19, 1974, Minutes be postponed for approval until March 19, 1974.
Moved by Commr. Hoskinson seconded by Commr. Burhans and carried the Minutes of the Special Meeting on February 22, 1974, were approved as amended. Amended copy on file.
tax assessor
The Clerk brought to the Board’s attention that the space now furnished to James Howze Company and his employees was not adequate. On a motion by Commr. Windram seconded by Commr. Deems and carried, the Clerk was authorized to check into office rental space for Mr. Howze and his employees and that the County will supply the necessary tables for them to work on. It was suggested that the Clerk contact Mr. J. Carl Smith, Director of the Lake County Chamber of Commerce, about securing the tables.
contracts and agreements
Christopher C. Ford, County Attorney, presented to the Board the revision of the Contract between the County and Gutmann, Dragash and Matz Architects, Inc., in joint venture with Jack Jones Architect, Inc. Each change was explained by the Attorney and a list of these changes as well as the contract are on file in the County Commissioners’’ office in the Courthouse. A question was raised concerning the labor cost of the workers due to the fact that Federal Funds are involved, and the County Attorney was asked to check into this matter and report back to the Board. It was asked of Mr. Jones if he would be able to supply the Finance Department with a projected draw schedule in order to allow these monies to accumulate interest until needed. Mr. Jones said he would do this.
Discussion was then held concerning the Clerk of the Works salary in connection with the construction time. There is a possibility that the construction time will have to be extended because of the uncertainties in the economy and ability to obtain supplies. On a motion by Commr. Deems seconded by Commr. Windram and carried the following article will be added to the Contract. “After twenty (20) months of construction the owner shall bear one-half (1/2) the actual cost (not to exceed $1,000 per month to the owner) of the Clerk of the Works. The County may terminate the position of the Clerk of the Works any time after 20 months of construction, at its discretion, after receiving the advice of the Architects.”
Later in the day Christopher C. Ford returned with the corrected Contract. On a motion by Commr. Hoskinson seconded by Commr. Deems and carried, the Contract was approved subject to Statutory Regulations that the County Attorney will inform them of at the March 19, 1974 meeting.
At this time Commr. Windram reported on his conversation with Mr. Kirkpatrick concerning spot deliveries to County Facilities. Mr. Jack Kirkpatrick would be willing to perform this service at a nominal fee. On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried, Commr. Windram and the County Attorney were authorized to negotiate with Mr. Kirkpatrick on the leasing of the facilities.
planning and zoning
Mr. Edward Weaver, member of the Planning and Zoning Commission appeared before the Board for a public hearing to consider his removal as a member of the Planning and Zoning Commission. The County Attorney was called upon to instruct the Board on its procedure in this matter. Christopher C. Ford stated that there are no strict guidelines that govern this situation; the Board of County Commissioners, however, have granted Mr. Weaver a public hearing. After hearing testimony on both sides of the issue the Board of County Commissioners may arrive at whatever decision they feel appropriate.
Mr. Frederick Catalano, Attorney for Mr. Weaver, stated that they objected to the hearing and asked that they be allowed to withdraw their request. Mr. Ford stated that the hearing had been scheduled and proper notification given, therefore, it should proceed so that the matter may be disposed of. Commr. Carson asked that the people appearing in support of Mr. Weaver’s removal from the Planning and Zoning Commission contain their comments to the matter at hand. Mr. Howard H. Grisham, Rt. 1, Box 42, Astor, appeared before the Board to testify against Mr. Weaver. He stated that Mr. Weaver was not following the Zoning law of the Board to which he is appointed. Mr. Grisham stated that Mr. Weaver was operating a business in an agricultural zone and that he also had several trailers parked on his property neither of which is permitted under “A” Zoning. Mr. Weaver, at this time testified on his own behalf. Mr. Weaver assured the Board that he does not earn his livelihood from the small shop he has at his home. He further stated that this shop was existing when he bought the property several years ago, and that he charges a small amount for his service only to cover the expense of operating the machines he has. In answer to the accusation that he had several trailers parked on his property, Mr. Weaver stated that he only had two trailers parked in his yard, one belonged to his sister who was passing through Central Florida and the other belonged to a lifelong friend who had come to Florida to visit him for a while.
At this time Commr. Burhans stated that after several complaints he visited Mr. Weaver and asked for his resignation. Mr. Weaver admitted that he had a problem getting along with people and that he would resign.
Christopher C. Ford suggested that the Code Enforcement Officer investigate these accusations and report back to the Board on March 19, 1974, at 9:30 A.M. The Board requested that this be done.
ZV74-6 Colonial Penn Hawthorne
No one appeared in support or objection to this case. Nature of the complaint refers to the fact that the mobile homes are too close to one another. Code Enforcement Officer found twenty four (24) mobile homes or additions in violation. On a motion by Commr. Deems seconded by Commr. Windram and carried, Colonial Penn Hawthorne was found in violation and given thirty (30) days to comply with the Building Code, and that any additional mobile homes will be subject to the same violation. The County Attorney was instructed to notify them that they have been found in violation of the Building Code.
ZV 74-7 Gene A. George
Nature of the complaint refers to the fact that Mr. George is keeping horses on his property. Mr. George appeared before the Board on his own behalf. On a motion by Commr. Deems seconded by Commr. Burhans and carried, Mr. George was found in violation and given thirty days to relocate the horses. It was suggested that if he had any difficulty to contact Mr. Willett or Mr. Henderson of Planning and Zoning.
ZV 74-8 Maynard Kregor
The Code Enforcement Officer stated that this violation had been corrected. On a motion by Commr. Deems seconded by Commr. Burhans and carried this case was dismissed without prejudice.
ZV 74-9 Ellis Smith
Mr. Paul Jett of Yalaha appeared before the Board stating that the Smiths were operating a business in an agricultural zone. Mrs. Ellis Smith appeared before the Board in her own behalf. Mrs. Mary Wiggins appeared before the Board to support the character of Mr. and Mrs. Ellis Smith. On a motion by Commr. Windram seconded by Commr. Deems and carried Mr. Ellis Smith was found in violation and given thirty days to cease operation.
Christopher C. Ford, County Attorney, reported that he and his assistant were going to attend a special meeting in Tallahassee on March 13, 1974 concerning the Three Rivers Project.
ordinances
Mr. Ford presented to the Board a proposed Ordinance that would make the Planning and Zoning Commission and provides for an appeal to the Board of County Commissioners. It was requested that this be brought to the Board of County Commissioners at its April 9, 1974, meeting.
roads-county
The prescribed time having arrived for the advertised Road Closing, the Public Hearings began:
The Petition to close Acorn Road in Astor Forest Campsites was denied without prejudice. Notice of Publication has not been received and no one appeared in support or objection concerning this Petition. It was denied on a motion by Commr. Deems seconded by Commr. Hoskinson and carried.
Mr. and Mrs. George Conn appeared before the Board on the closing of unnamed roads in the Phillipsburg Subdivision. Advertisement is on file. No one appeared to object. It was moved by Commr. Windram seconded by Commr. Burhans and carried to adopt a Resolution to close, vacate, and abandon the following roads described below:
The unnamed street, approximately 20 feet in width bordering the West side of Lot 57. The unnamed street commencing at the Southwest corner of Section 32, Township 18 South, Range 28 East and extending East to the Southeast corner of said Section 32, and the bordering lots 57, 58, 59, 60, 61, 62, 63, and 64, including those portions of 7th, 6th, 5th, 4th, 3rd, 2nd and 1st streets extending South of the above numbered lots.
Larry Morey, Acting County Engineer, brought before the Board a request to erect stop signs, school bus signs and to establish a 25 mph speed limit in the Golden Isle Subdivision. On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried, a Resolution was adopted establishing a 25 mph speed limit in the Golden Isle Subdivision and that the stop signs and school bus signs will be erected on County roads in this subdivision as directed by the County Engineer.
vacancies of office
The Chairman, James R. Carson announced that Mr. Donald Newnham was no longer interested in the position as Public Works Director because he had accepted another position. It was moved by Commr. Hoskinson seconded by Commr. Deems that Mr. Michael Donoghue, previously interviewed, be hired at a salary of $18,000 per year for the position of Lake County Public Works Director, this motion was carried with Commr. Burhans voting “no.” The Clerk was instructed to contact Mr. Donoghue. Mr. Watkins reported later in the day that Mr. Donoghue was out of the country and that as soon as he received word from him he would inform the Board.
recess and assembly
The meeting adjourned at 12 noon for lunch. The Chairman announced that the public and press were invited to join them for lunch on a Dutch-treat basis at Harvey’s Hofbrau.
autos and trucks
Mr. William Hennessey, Acting Director of Pollution Control, requested permission to purchase a four wheel drive truck. Due to changes in personnel there is money available in the budget. Commr. Carson stated that money shouldn’t be spent for the mere fact of spending it since it is available. Mr. Hennessey submitted price quotations from local dealers in the area. No action was taken at this time.
indigents
On a motion by Commr. Deems seconded by Commr. Hoskinson and carried the following changes were approved:
CANCEL Loda Allen District #4 $40.00
CANCEL Walter Ivey District #3 $40.00
ADD Barbara Stegall District #3 $40.00
maps and plats
Larry Morey, Acting County Engineer, requested that the Board approve a Plat of Quiet Acres. On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried unanimously, this Plat was approved for recording.
roads-county
Discussion concerning the roads in Crystal Harbor Subdivision resulted in the Clerk being instructed to contact the owners with regard to their unfinished roads where they adjoin Highway 452, asking them when it would be completed. The Hoad for these improvements should be reviewed by the County Attorney.
A letter from Mr. Alfred Ponds, Road Superintendent, was read which requested that the County Engineer assist him with the cost estimates on improvements to the County maintained road DR 3-1965. On a motion by Commr. Burhans seconded by Commr Hoskinson and carried unanimously, this request was approved.
mvi
James C. Watkins, Clerk, brought before the Board the fact that the Brake Machine in Eustis had broken down. After considerable discussion, Commr. Burhans was asked to review the situation and see if he couldn’t straighten it out.
ROADS-STATE
Mr. George Smith of the Department of Transportation appeared before the Board to explain the status of Lake County with regard to the Five Year Work Program. Mr. Smith stated that Lake County has a balance in the Program of $2,438,000.00. Detailed figures will be submitted later in the week. Mr. Smith stated that there are certain projects still to be drawn from this balance and gave a “dooms day” financial picture for Lake County as follows:
July 1974 - Carry over from the 73-74 budget $1,308,500.00
Estimated revenue for 74-75 1,437,600.00
Reimbursement 500,000.00
1974-1975 - Committee on right of way for Highway 50 1,100,000.00
Remainder for secondary funds 1,600,000.00
1975-1976 Available for projects 1,300,000.00
1976-1977 Available 1,436,000.00
$400,000.00 of this will be paid back
1977-1978 - Available 1,100,000.00
1978-1979 - Available 1,200,000.00
bonds
On a motion by Commr. Burhans seconded by Commr. Hoskinson and carried, the Firearm Bonds were approved for the following:
Stephen L. Wagner – self protection
Arnold P. Frady – personal and family protection
Franklin R. Strickland – business protection
Richard Earl Hansen – self protection
R.P. Jarnagin – needs it on job
Willie J. Armstrong – needs it on job
William D. Finlayson, Jr., D.D.S.
Perry Harrell – self protection
Paul V. Hudson
James E. Wallace – self protection
Robert J. Giachetti
On a motion by Commr. Burhans seconded by Commr. Hoskinson and carried by Deputy Sheriff, bonds were approved for the following:
Leroy Oliver
John P. Collins
On a motion by Commr. Windram seconded by Commr. Deems and carried the following contractor Bonds were cancelled:
Readus Fry #909
David Shelly #281
Don Andrews #916
licenses and permits
On a motion by Commr. Deems seconded by Commr. Hoskinson and carried, the Utility and Driveway Permits were approved as follows:
PERMIT NO. PERMITTEE PURPOSE ROAD
549 Florida Telephone Corp. Buried Cable 2-4606 &
2-4707
550 “ “ “ “ “ Cypress Shores
551 “ “ “ “ “ 2-3131
552 “ “ “ “ “ 2-3130
553 “ “ “ “ “ 2-3131
554 “ “ “ “ “ 2-3128
555 “ “ “ “ “ 2-3224
556 “ “ “ “ “ 2-3223
557 “ “ “ “ “ 2-3129
558 “ “ “ “ “ 2-3127
559 “ “ “ “ “ 2-3024
560 “ “ “ “ “ 2-3127
561 “ “ “ “ “ 2-3127
562 “ “ “ “ “ 2-3126
563 “ “ “ “ “ 2-3225
564 “ “ “ “ “ 2-3226
565 “ “ “ “ “ 2-3023
566 “ “ “ “ “ 2-4006
569 “ “ “ “ “ 2-0426
570 “ “ “ “ “ 5-7975
571 “ “ “ “ “ 5-7977
572 “ “ “ “ “ S-450
573 “ “ “ “ “ 5-7974
574 “ “ “ “ “ 5-7874
575 “ “ “ “ “ 5-7873-A
576 “ “ “ “ “ 5-7873
577 “ “ “ “ “ 5-7776
578 “ “ “ “ “ 5-7778
579 “ “ “ “ “ 5-7973
580 “ “ “ “ “ 5-7973
581 “ “ “ “ “ 1-4523
1-4621
582 “ “ “ “ “ 2-2009
1-201 City of Fruitland Park Water Line 1-6006
2-205 City of Leesburg Water Main SR 44A
3-2-3 K & L Contractors, Inc. Water Main 3-1838
DRIVEWAY PERMITS
Harley G. Morse 5-6329
Donn Powell Cypress Drive
Forrest J. Crosby Crystal Cove
Wm. Hoffman Cypress Drive
Joe Duncan Cypress Drive
Christi Miller 1-78-7
The Board did not approve the following Driveway Permits because they were on the State right of way:
John B. Stalnaker Old Highway 50
Allan Sibernagel S-452
William J. Woods 439
Mid-State Precooler 448 A
correspondence
The Clerk presented a Resolution from the City of Leesburg supporting the fuel rationing plan.
Commr. Carson presented a letter to the Board from the Robert W. Norman, President of the Molokai Residents Association, supporting the Physicians and Surgeons Ambulance Service.
The Clerk brought to the Board’s attention a Resolution from Charlotte County proposing a fee for the filing of petitions to the Board of Tax Adjustment and requesting the support of the other County Commissions and School Boards.
accounts-other
Commr. Hoskinson brought before the Board a voucher from the Regional Planning Council in the amount of $2,096.00. On a motion by Commr. Burhans seconded by Commr. Deems and carried, it was decided to withhold these until determination can be made as to how the suit with the East Central Regional Planning Council will be financed.
accounts allowed
Travel was requested from Mr. L. L. Hulett to attend a meeting in Orlando for Pollution Control on March 23-25, 1974. On a motion by Commr. Windram seconded by Commr. Deems and carried, travel was approved.
Commr. Deems presented a request from Jacquelyn Hester, Administrative Assistant to the Public Works Department, to underwrite the H. H. Block Associates of Gainesville, Florida, in the amount not to exceed $1,500.00 while in the County administering tests for the licensing of contractors. On a motion by Commr. Deems seconded by Commr. Windram and carried authorization was approved for the necessary transfer of funds to be paid back through the receipts received during this testing.
On a motion by Commr. Burhans seconded by Commr. Hoskinson and carried unanimously, Voucher No. 274 was approved for a new range at the Agriculture Center.
On a motion by Commr. Deems seconded by Commr. Burhans and carried unanimously, $350.02 was approved for removal and replacement of four (4) doors at the nursing home.
On a motion by Commr. Windram seconded by Commr. Deems and carried, $2,000 was approved for reimbursement to Blondy’s Inc. for the surety bond they put up for repairs to Highway 452.
On a motion by Commr. Deems seconded by Commr. Windram and carried unanimously, check #980 and #981 in the amount of $6.30 each, were cancelled.
On a motion by Commr. Burhans seconded by Commr. Deems and carried unanimously, $11,984.18 was approved for the January Medicaid Bill.
On a motion by Commr. Burhans seconded by Commr. Windram and carried unanimously, $51,000 was approved to be paid to Waterman Memorial Hospital Association, Inc. from money raised in the Northeast Lake County Hospital Tax District.
On a motion by Commr. Deems seconded by Commr. Burhans and carried it was moved to pay the following bills:
General Revenue 990-1316
State 2 Landfill 13 and 14
State 2 Mosquito Control 15
Auto Inspection 92-115
Fine and Forfeiture 158-201
Road and Bridge 377-409
Construction Trust Fund 5
Fish Conservations 20-21
NE Lake County Hospital District 5
NE Lake County Ambulance 6
NW Lake County Ambulance 8
On a motion by Commr. Burhans seconded by Commr. Windram and carried unanimously, travel was approved for any Commissioner, Clerk, or member of the Planning and Zoning Commission to attend the Special Planning and Zoning meeting in Orlando on May 22, 1974.
There being no further business to bring before the Board, the meeting was adjourned at 7:30 p.m.
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chairman
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Clerk