A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
october 8, 1974
The Lake County Board of County Commissioners convened in regular session on Tuesday, October 8, 1974 at 9:00 a.m. in the Commissioners’ Room, Courthouse, Tavares, Florida with the following members present: James R. Carson, Jr., Chairman, C. A. Deems, J. M. Hoskinson, Thomas J. Windram, and Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Andrea Gambrell, Deputy Clerk.
The Invocation was given by James C. Watkins, and the Pledge of Allegiance was led by James R. Carson, Jr.
minutes
On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the minutes of the regular meeting of September 17, 1974 were approved as amended. Amended copy is on file in the Minute folder of September 1974. Commr. Hoskinson was absent for the vote.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried, the minutes of the Special Meeting of September 30, 1974 were approved as submitted. Commr. Hoskinson was absent for the vote.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the minutes of the regular meeting of October 1, 1974 were approved as amended. Amended copy is on file in the minute folder of October 1974.
communications
Commr. Carson presented to the Board an invitation from the Division of Youth Services for its Open House on October 23, 1974 from 1:00 p.m. to 4:00 p.m.
reports – official
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the annual reports from the Lake County Chamber of Commerce, Leesburg General Hospital, and Lake County Forestry Project were accepted.
bids
The advertised time having arrived and the proper proof of publication having been read, the Clerk was instructed to open the following sealed bids:
ASPHALT MATERIAL:
E.A. Mariani Asphalt Bid Received (firm for 30 days)
Central Oil Company No Bid
TRAFFIC PAINTS & RELATED PRODUCTS
3 M No Bid
Thomas C. O’Shea Assoc. Bid Received (firm for 90 days)
Dave Smith & Company Bid Received
Share Corp. Bid Received
Lee Chemical Corp. Bid Received
Armstrong Smith Paints Bid Received (firm for 6 months)
Fruitland Park Paint Bid Received
De-Oxx Bid Received
ALUMINUM AND STEEL CORRUGATED CULVERT PIPE
No Bids Were Received
road closing
At 10:30 a.m. the Board discussed the Road Closing which had been postponed from October 1, 1974 to this time. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, that portion of Hillcrest Street in Shady Dells Subdivision was closed and described as follows:
THAT PORTION OF HILLCREST STREET LYING WEST OF THE SOUTHERLY EXTENSION OF EAST LOT LINE OF LOT 1, BLOCK “A” ACCORDING TO THE PLAT OF FIRST UNIT OF SHADY DELLS AS RECORDED IN PLAT BOOK 6, PAGE 19, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA.
SALARIES AND WAGES
Commr. Windram brought to the attention of the Board that Mrs. L. Morgan, Secretary to the County Engineer, was making an annual salary below that of a Clerk Typist and suggested that she be brought into line with the rest of the employees. On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the salary of Mrs. L. Morgan, Secretary to the County Engineer, be raised to $6,000 a year effective October 1, 1974.
ordinances
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, Ordinance 1974-6 was placed for its second reading by title only as follows:
AN ORDINANCE AMENDING THE ZONING REGULATIONS OF LAKE COUNTY, FLORIDA, ORDINANCE 1971-6, AS AMENDED TO DATE, BY ADDING A NEW PROVISION REQUIRING CENTRAL SEWAGE FACILITIES BE LOCATED A MINIMUM 100 FEET FROM ANY PROPERTY LINE AND TO INCLUDE A VEGETATIVE BUFFER OR DECORATIVE FENCING.
On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, Ordinance 1974-6 was passed on its second reading.
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, Ordinance 1974-7 was placed on its second reading by title only as follows:
AN ORDINANCE TO PROTECT THE PUBLIC HEALTH AND SAFETY OF THE CITIZENS OF LAKE COUNTY, FLORIDA, BY PROVIDING FOR THE CONSTRUCTION, MAINTENANCE, AND USE OF A COUNTY POUND AND REQUIRING: IMPOUNDING AND PER DIEM FEES; THE VACCINATION OF DOGS; THE PURCHASE OF COUNTY LICENSE CERTIFICATES AND TAGS; THE EXEMPTION OF SEEING EYE DOGS; CONFINEMENT OF FEMALE DOGS IN HEAT; THE QUARANTINE OF CERTAIN ANIMALS; THE SEIZURE AND DESTRUCTION OF AT-LARGE, UNCLAIMED, AND VICIOUS ANIMALS; THE TREATMENT OF INFECTED OR INJURED ANIMALS; PROHIBITING IMPROPER CARE OF ANIMALS; PROVIDING FOR THE OPERATON OF THE ORDINANCE WITHIN A MUNICIPALITY, VIOLATIONS OF ORDINANCE TO BE MISDEMEANORS.
On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, Ordinance 1974-7 was passed on its second reading by title only.
Later in the day, the County Attorney presented to the Board an emergency ordinance, and Commr. Burhans was absent from the Board meeting from 3:15 p.m. to the end of the day.
On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried, the Board declared that an emergency existed which required the adoption of an Emergency Ordinance by a unanimous (four-fifth) vote of the Board of County Commissioners, with Commr. Burhans being absent.
On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried, the Board placed for its first reading Ordinance 1974-8 by title only as follows:
AN ORDINANCE REPEALING LAWS OF FLORIDA, CHAPTER 29218 WHICH PROVIDED FOR ADVERTISING AND COMPETITIVE BIDDING ON PURCHASES IN EXCESS OF $1,000 ON CONTRACTS OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA.
On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried, the Board passed Emergency Ordinance 1974-8 on its first reading by title only.
On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried, the Board placed Emergency Ordinance 1974-8 on for its second reading by title only.
On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried, the Board passed Emergency Ordinance 1974-8 on its second reading by title only.
On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried, Emergency Ordinance 1974-8 was placed for its third and final reading by title only.
On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried, Emergency Ordinance 1974-8 was passed and adopted by the Board of County Commissioners on its third and final reading by title only.
roads – county
Mr. Michael Donoghue, County Engineer, reported to the Board the drainage problem on Britt Road #4-4981. On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved for the necessary work to be done and requested that the Engineer attempt to obtain cost participation from the residents if it was possible.
licenses and permits
On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried, the Gun Permit for Manual Adams was cancelled. Commr. Burhans was absent for the vote.
Mr. Ford, County Attorney, brought to the attention of the Board a request from the Board of Examiners to obtain an injunction against a Mr. T. A. Smith who is not licensed to work in Lake County. On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried, the Board approved for the County Attorney to take the necessary action to enforce the Lake County regulations of this matter. Commr. Burhans was absent for the vote.
On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried, the Board approved the Utility and Driveway Permits as follows:
PERMITS PERMITTEE PURPOSE ROAD
647 Florida Telephone Corp. Buried Cable 5-6759
660 Florida Telephone Corp. Buried Cable S-565
664 Florida Telephone Corp. Buried Cable 5-9883
667 Florida Telephone Corp. Buried Cable 2-1213
671 Florida Telephone Corp. Aerial Cable 5-8046
673 Florida Telephone Corp. Buried Cable 5-6860
677 Florida Telephone Corp. Buried Cable & Subgrade 1-5209
Crossing
678 Florida Telephone Corp. Buried Cable 1-5309
679 Florida Telephone Corp. Buried Cable & Subgrade 1-5408
Crossing
680 Florida Telephone Corp. Buried Cable 1-5308
681 Florida Telephone Corp. Aerial Cable 1-5110
685 Florida Telephone Corp. Buried Cable 5-9884
690 Florida Telephone Corp. Aerial Cable 3-3358
1-207 City of Leesburg Gas Main S-466A
1-208 City of Leesburg Gas Main 1-6304
1-209 Sumter Electric Corp. Distribution Line 1-8010
1-210 City of Leesburg Gas Main 1-6304
1-210 City of Leesburg Gas Main Lynn Fruitland Park Blvd and Crystal Lk. Drive
1-211 City of Leesburg Electric Distribution Line 3-2257
DRIVEWAY PERMITS:
Hugh H. Barrington 5-7991
Gerald L. Menotte S-466
Sumter Electric Coop. S-450
Jack Burton S-44A
Zeke Evans 4-4581
Edward Weaver 8-9587
Cleveland Harris S-439
Zeke Evans 3-4157
recess and reassembly
At 12 noon the Commissioners adjourned for lunch. The Chairman announced that the public and press were invited to join the Commissioners for lunch at the Silver Lake Golf and Country Club on a Dutch-treat basis. The Board reconvened at 1:30 p.m.
audit
James C. Watkins, Clerk, informed the Board that the Audit Report for the year 1973-1974 had been received. At this time, he presented to the Board members copies of the answers prepared by the County Attorney and himself in rebuttal to the State Report for the Board’s recommendations and changes.
Discussion was held. A copy of these comments is on file in the Board of County Commissioners Office. On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried, the Board approved the comments to the State Audit Report as amended and authorized that it be sent to the proper authorities. Commr. Burhans was absent for the vote.
zoning
zoning violation 74-41 david smart
No one appeared before the Board regarding this case. Mr. Henderson, Code Enforcement Officer, informed the Board that this piece of property was up for rezoning. . On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board postponed this case until November 12, 1974 at 2:00 p.m.
zoning violation 74-72 don driggers
Mr. Henderson presented to the Board photographs of the area and stated that the condition of the mobile home had improved and that there is still more work to be done. He felt that the violation would not exist after the repairs were completed. On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board dismissed this case.
zoning violation 74-74 j. c. investments tampa, florida
No one appeared before the Board regarding this case. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board tabled action on this case until the Board receives notification of the action taken by the Land Sales Board.
zoning violation 74-76 charlie martin, jr.
Mr. Charlie Martin appeared before the Board regarding this case. He stated that the land had been used for pasture and that is why he had the pigs on his property. Mr. Ford, County Attorney, stated that he would research the possibility of Mr. Martin being able to keep his pigs on the basis that it was a pre-existing use. On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board postponed this case until November 12, 1974 at 2:00 p.m.
zoning violation 74-77 otis jarrett
Mrs. Jarrett appeared before the Board regarding this case. Mr. Martin informed the Board that this was a dry sinkhole, and the neighbors have been filling it with dry glass clippings, cans and boxes. Mr. Charlie Martin appeared before the Board and stated that the hole was full and that it could be covered over with a few truckloads of dirt. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board instructed the Public Works Department to cover the hole with dirt and post “No Dumping” signs subject to the proper easement being signed. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board declared Mrs. Jarrett in violation of Ordinance 70-1 and 71-6 and gave her 30 days to come into compliance.
zoning violation 74-78 william pace
Mr. Willie Walker appeared before the Board regarding this case. On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board declared Mr. Walker in violation and declared him a public nuisance and gave him 60 days to comply with Ordinances 70-1 and 71-7.
zoning violation 74-79 freddie villareal
Mr. Fred Villareal appeared before the Board regarding this case. On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried, Mr. Villareal was found in violation of Ordinance 70-1, declared a public nuisance, and given 30 days to come into compliance.
zoning violation 74-80 paul d. cockerham
No one appeared before the Board regarding this case. On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the Board found Mr. Cockerham in violation, declared him a public nuisance, and gave him 30 days to comply with Ordinance 70-1 and 71-6.
zoning violation 74-81 howard settlemires
Mr. and Mrs. Settlemires appeared before the Board regarding this case. On a motion by Commr. Windram, seconded by Commr. Deems and carried, this case was postponed until November 12, 1974 at 2:00 p.m. in order for Mr. and Mrs. Settlemires to research their deed due to the fact that they may be grandfathered in.
commissioners
At this time, Commr. Burhans stated that he would be absent from the Board of County Commissioners meeting for the rest of the afternoon.
county buildings
Mr. Glenn Middleton, Building Official, appeared before the Board and stated that the Ferndale Community Building belongs to the County and is used as a voting place. At this time, the voting machine is there, yet there are no doors on the building, the electrical work is in need of attention, and other minor repairs are needed. On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried, the Board approved the repairs to the Ferndale Community Building in an amount not to exceed $400.
Mr. Middleton brought to the attention of the Board that when the work is being done at the Bulk Plant with regards to the pumps, he would like to make arrangements to have a “No Lead” pump also installed at this time. On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried, the Board approved the addition of $500 to the $1,200 approved for the work at the Bulk Plant on the Storage Tanks.
appropriations
Commr. Hoskinson stated that he had been appointed by Mr. Jack Simmers of the State Association of County Commissioners to its Revenue Sharing Committee. He stated that it has been requested that the Counties adopt a resolution supporting the continuation of the Federal Revenue Sharing Program. On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried, the Board adopted a resolution stating Lake County’s support in the continuation of the Revenue Sharing Program and requested that a copy of this be sent to our Legislative Delegation.
contracts and agreements
Mr. Ford, County Attorney, presented to the Board the Lease Agreements between Lake County and Mr. Orval Burns and Jesse D. Raines; also, Lake County and Tavares Hardware, Inc. for office space with regards to the resolution of the County Offices in the Pioneer Building.
Discussion was held and the amendments made in each contract are as follows:
TAVARES HARDWARE AND LAKE COUNTY the words “As Is” were added to the lease and the agreement that the County would pay for a percentage of the water and sewage bill.
ORVAL BURNS AND JESSE D. RAINES WITH LAKE COUNTY the addition of the lease was that the County would pay for 3/5 of the total water and sewer bill.
On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried, the Board approved the lease for recording and authorized the Chairman and Clerk to sign said leases as amended.
On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried, the Attorney was authorized to cancel the Lease Agreement with Mac Asphalt if he feels that it would be in the best interest of the County.
advertising
The Clerk presented to the Board the legal descriptions of the property that had been omitted when Royal Palm Beach Colony appeared before the Board regarding its CUP on July 2, 1974. On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried, the Board approved the request for Royal Palm Beach Colony to readvertise its corrected legal descriptions.
county employees
On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried, the Board approved the employment of a part-time employee in the Veterans Service Office from October 8, 1974 to February 8, 1975.
machinery and equipment
The County Engineer stated that he had been requested by the Lake Correctional Institute for the County to assist them in grading and hauling on its property. On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried, the Board approved for the Public Works Department to assist the Lake Correctional Institute for no more than two days with its requested grading. The County Engineer was asked to obtain a written request by the Correctional Institute for his files.
bonds
On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried, the following Contractors Bonds were approved:
2-75 Edward Frank Benwell (Electric Heat and Air)
83-75 James McCutcheon (Building)
106-75 Robert G. Pohlman (Carpentry)
167-75 Luther B. Johnson dba L.B.J. Contractor
259-75 Edward M. Kasell (Electrical)
260-75 Charles E. Shoop dba Shoop Cabinet Shop
303-75 Les Arnold dba Mount Plymouth Builders, Inc.
357-75 Jerry J. Smith dba Jerry J. Smith Tile Contractor
435-75 Paul Boyd dba Yale Ogron Builders Sales of Ocala
889-75 Paul E. Smyth (Painting and Wallpaper)
1021-75 R.E. Kinsey dba Kinsey Steel Buildings, Inc.
1028-75 Thomas G. Scott dba Wrico Roofing
1033-75 Thomas D. Thompson dba Florida Boat Docks
1040-75 Arwood Hollins dba All Florida Air Conditioning
1095-75 Raymond E. Olds
1222 Frank Dyer
1223 Joe Patrick Smallwood (Sign Erector)
1224 Alvin E. Harris dba Whilco Homes, Inc.
On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried, the following Contractor Bonds were cancelled:
99-74 Dean H. Guerry dba Guerry Cabinet and Fixture Co.
263-74 George E. Harpet (Plumbing)
323-74 Artcraft Heath Sign Company
445 Gerald A. Smith
791-74 Robert M. Vickery dba The Robert M. Vickery Company
825-74 Herman Nickell dba Nickell Housemovers
895-74 Dwight L. Stoffel dba Stoffel Plumbing, Inc.
917 W.O. Unsworth (General Building)
961-74 Jim Cluberhouse dba Cox Craft, Inc.
1041-74 Hubert Hammac dba Hubert Hammac Builder
1043 D.O. Divine and R.L. Evans dba D & E Roofing Co.
1151-74 James E. McKnight (Specialty)
1192-74 Richard L. Hayes dba Cox Craft Inc.
On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried, the Board approved the Bond of Bryon E. Herlong as a member of the Northwest Lake County Hospital District.
James C. Watkins, Clerk, presented to the Board a Bond Form which he suggested be used by the Bonding Agents with regards to the new Gun Permit Applications. On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried, the Board adopted this as the official Bond Form for Lake County Gun Permit Applications.
bids
On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board approved the advertising for two automobiles either 1974 or 1975 models for the Building & Planning Department on October 30, 1974 at 10:00 a.m.
On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board approved the advertising of Insurance Bids on October 30, 1974 at 10:00 a.m.
municipal corporations
Mr. Joseph Sellers, President of the League of Cities, appeared before the Board and stated that it would be of benefit to all the cities and Lake County if attention was given to pooling resources which are available in the operation of both the cities and the County in hopes to save the taxpayers money.
Other city officials that appeared before the Board were Mr. E. Hoppe, Mr. Claude Smoak, and Mr. William Kicklighter.
The Board stated that it would set up a committee and contact the cities regarding a work session in which discussion would be held and attempts could be made for solving solutions to existing problems of local governmental operations.
indigents
On a motion by Commr. Deems, seconded by Commr. Windram and carried, the following changes on the Indigent List were approved:
CANCEL Mary Lee Barret for Andrew Lee Floyd Dist #1 $33.33
CANCEL Luther S. Welce for Bill Jarrett Dist #2 $45.00
accounts allowed
On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried, the Board approved the payment of the Medicaid bill in the amount of $13,670.46.
On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried, the Board approved payment of the bill from Jack Jones, Architect, in joint venture with Gutmann, Dragash and Matz, Architects in the amount of $33,955.00.
On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried, the Board approved travel for Fred Bollenberg to attend the Florida Civil Defense Association Conference at the Sheraton Inn in Orlando on November 6-8, 1974.
On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried, the Board approved the payment of the King Helie bill in the amount of $3,720.00.
On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried, the Board approved travel for Jackson A. Haddox and Laurence Sistrunk to attend the Florida State Horticultural Society 87th Annual Meeting at the Carillon Hotel in Miami on November 5-8, 1974.
On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried, the Board approved the payment of $12,558.72 to the Tax Collector as required by law cited in Chapter 192.102 Florida Statutes 1973 as amended by Chapter 74-234, 1974.
On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried, the Board approved for the following vouchers to be paid:
General Revenue 2871-3162
State II Mosquito 44-46
State I Mosquito 45
State II Landfill 42-43
Auto Inspection 267-286
Fine and Forfeiture 416A-461
Road and Bridge 1046-1152
Northeast Ambulance Fund 16
Northwest Ambulance Fund 20
Capital Outlay Reserve (County Buildings) 7-8
There being no further business to bring before the Board, the meeting was adjourned at 6:55 p.m.
_________________________________
james r. carson, jr., chairman
___________________________
James C. Watkins, Clerk