A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

march 9, 1976

The Lake County Board of County Commissioners convened in regular session on Tuesday, March 9, 1976, at 9:00 a.m., in the Commissioners’ Room, Courthouse, Tavares, Florida.  Present were:  Thomas J. Windram, Chairman; C.A. “Lex” Deems; J. M. Hoskinson; Glenn C. Burhans; and James R. Carson, Jr.  Others present were: James C. Watkins, Clerk; Christopher Ford, County Attorney; and Andrea Gambrell, Deputy Clerk.

The Invocation was given by James C. Watkins, Clerk, and the Pledge of Allegiance was led by Glenn C. Burhans.

courthouse

Mr. Jack Jones, Architect, appeared before the Board to present to the Commissioners, for their approval, change orders issued during the construction of the new Lake County Courthouse.  Mr. Jones briefly reviewed each item.  On a motion by Commr. Carson seconded by Commr. Hoskinson and carried unanimously, the Board approved the change orders as submitted by the Architect and authorized the Chairman to sign same.  These change orders are attached to the original Contract between Lake County and the General Contractor and filed in Contracts 1975.

Discussion was held regarding the installation of push bars on the doors in the present Courthouse to be used as an exit for those remaining in the building after hours as well as a Fire Exit.  On a motion by Commr. Burhans seconded by Commr. Hoskinson and carried unanimously, the Board approved the installation of three Fire Exit doors in the existing Courthouse, one will be placed on the East side, the second on the West side and the third will be located on the North side of the building.

roads subdivision

Mr. Donoghue, County Engineer, appeared before the Board regarding the request for signs on Palmetto Circle in the Eustis Heights Subdivision.  He reminded the Board that only half of the road is maintained by the County and the residents are requesting “NO TRUCKS,” “CHILDREN AT PLAY” and Speed Limit signs.  Mr. Donoghue stated that the signs were justified and suggested that they be installed.

On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board approved the installation of the requested signs on North Palmetto Circle.  The signs that are to be placed on that portion of the road maintained by the County will be installed at the County’s expense and the cost for the signs being placed on that portion of the road not in the maintained system will be the responsibility of the residents at a cost of $81.94.  The Board also adopted a resolution establishing a speed limit of 20 mph on North Palmetto Circle in the Eustis Heights Subdivision.

contracts and agreements

Mr. Donoghue requested approval of a partial draw from the Escrow Account of Country Club Ridge Subdivision.  On a motion by Commr. Burhans seconded by Commr. Carson and carried unanimously, the Board approved the partial payment in the amount of $12,280.30, in accordance with the executed Escrow Agreement, for improvements completed at County Club Ridge Subdivision.

roads-subdivision

The County Engineer presented to the Board a cost estimate in the amount of $1,495 for requested repairs to Laralack Avenue and Paterson Street in Bassville Park.  On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board approved the above cost estimate subject to the total cost being paid for by the residents and with the understanding that the County will be under no obligation for the continued maintenance of the road.  The Board directed that the work to be done upon the funds being received by the Finance Department.

communications

Commr. Windram presented to the Board notices he had received from the State Department of Environmental Regulations.  These were referred to Mr. William Hennessey for his review if necessary.

reports

Commr. Windram presented to the Board for its information the Building Report for the month of February.  This was read and filed.

roads-state

Commr. Windram informed the Board that a letter had been written to the Department of Transportation directing them to stop all negotiations on land involved in S 452 A until the problem regarding the appraisals could be resolved.

civil defense

Commr. Windram presented to the Board a resolution from Mr. Donald Quagliotti, Civil Defense Director, regarding the allocation of funds from the State to the Civil Defense Preparedness Agency.  Commr. Hoskinson stated that he would like to confer with Mr. Quagliotti about the matter before formal action is taken.

planning and zoning

Mr. Willett appeared before the Board regarding the services the County will render in assisting the various cities with their Comprehensive Plan.  At this time the following alternatives were suggested:

1.      The County would supply the professional staff and the cities would supply the clerical and printing costs . . . at an approximate additional cost of $46,000 a year in salaries, $3,000 for equipment and $300 in travel expense.

 

2.      The financial responsibility would be computed according to the size of the city . . .the cost to the County would be approximately $80,000 per year for three years; however, some of this funding could be provided through CETA.

 

3.      To operate on a contract basis

 

4.      The County continue its own plan . . . and have no involvement with the cities’ plan.

 

At this time Mr. Willett stated that the Department is examining every source of funding available and requests guidance as to which alternative the Board would like the Planning Department to concentrate its efforts.  On a motion by Commr. Hoskinson seconded by Commr. Carson and carried unanimously, the Board instructed the Planning Department to negotiate with the cities on the implementation of alternative #1 as stated above and to keep the Board informed of the Department’s progress.

At this time Mr. Willett discussed with the Board the meeting he attended in Tallahassee regarding the Green Swamp.  He informed the Board that the Division of State Planning had not made a formal statement on its opinion of the Green Swamp report.  Mr. Willett further stated to the Board that he is under the impression that the Division is dissatisfied with the report.

Discussion was held on the “rebirth” of real estate activity in Lake County and the problem that could be encountered by purchasers of property in the Green Swamp area.  Mr. Willett asked if the Planning Department should pressure the Division of State Planning for a formal comment.  It was the opinion of the Board that Mr. Willett should wait a month or two before requesting the Division to take action on the Green Swamp report.

accounts allowed

On a motion by Commr. Deems seconded by Commr. Carson and carried unanimously, the Board approved travel for Michael Stearman, Associate Planner, to attend a workshop on subjects regarding the Community Development Block Grant in Jacksonville on March 15-16, 1976.

purchasing department

Commr. Deems brought to the attention of the Board a purchase made by the Purchasing Department to which he objected.  Discussion was held and Commr. Deems stated that he would investigate the matter.

accounts-refused

Commr. Deems presented to the Board a request from Mr. Glenn Middleton to join the Florida Association of Government Purchasing Officers and to attend a four day conference in Hollywood Beach.  Commr. Deems stated that he would like to discuss this with Mr. Middleton before formal action is taken by the Board.

public health

At this time the Board discussed the charges billed to the County by various hospitals for daily room rates for the indigents of Lake County who are placed in the various hospitals.  Commr. Windram stated that he had discussed with the Finance Department the medical bills charged to Lake County and informed the Board that there would be a requested transfer in relation to this matter presented to the Board later in the day for formal action.

Commr. Burhans stated that he would like to have the County Attorney research the question of whether or not the Health Department must follow the various Building Codes.  He stated that the City of Umatilla is upset because its codes are not being recognized.

At this time Commr. Windram informed the Board that he had been told by Mrs. Austin from the Family Planning Service in Eustis that the Health Programs which are under the direction of Doctor June Murray are very successful and well organized.

Commr. Windram also presented to the Board a letter from Doctor June Murray which was a brief report on the progress of the programs sponsored by the Lake County Health Department.

ordinance

At 11:00 A.M. the Chairman announced that the advertised time had arrived to discuss an Ordinance amending Lake County Animal Control Ordinance 1975-1.

The Deputy Clerk read the proof of publication.  The title of the Ordinance is as follows:

AN ORDINANCE AMENDING ORDINANCE 1975-1, THE LAKE COUNTY ANIMAL CONTROL REGULATIONS, BY DEFINING A KENNEL AS ANY PLACE OF BUSINESS WHERE DOGS ARE KEPT FOR SALE, BREEDING, OR BOARDING PURPOSES, OR ANY RESIDENTIAL PREMISES WHERE FIVE OR MORE DOGS ARE KEPT OR MAINTAINED, AND PROVIDING THAT EVERY PERSON WHO OWNS A KENNEL SHALL PAY AN ANNUAL LICENSE FEE TO OPERATE THE KENNEL, EXCEPT THAT ANY PERSON OWNING SUCH KENNEL MAY ELECT TO LICENSE INDIVIDUAL DOGS IN LIEU OF PURCHASING A KENNEL LICENSE.

 

At this time Commr. Hoskinson stated that he did not have a chance to review this Ordinance with the County Attorney and would like to postpone it to a time and date certain.  The Chairman asked if there was anyone present in the audience who would object to this postponement.  There was no one present in the audience at this time who voiced an objection to this postponement.  On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried unanimously, the Board postponed this Ordinance until April 13, 1976, at 11:00 A.M.

resolutions

Commr. Windram presented to the Board a resolution from Orange County requesting the Legislature amend 197.241 (5) F.S. which would return to the County, instead of to the State, the land which the County has had to obtain a tax deed due to nonpayment of taxes.

On a motion by Commr. Hoskinson seconded by Commr. Carson and carried unanimously the Board adopted a similar resolution stating same and requested that this resolution be forwarded to the Governor, the Cabinet and the Lake County Legislative Delegation as well as the State Association of County Commissioners.

road closings

Commr. Hoskinson stated that in 1963 the Board of County Commissioners closed a road within the Edgewater Beach Subdivision and the resolution which was recorded described the width of the road in error.

At this time Dick Hennings, Acting County Attorney, stated it had to be determined if the Board could rescind the resolution or if the entire road closing had to be re-advertised.  Commr. Hoskinson requested that a copy be made for each Board member and that the Attorney investigate the matter and report to the Board the proper procedure to follow in this matter.

courthouse

The Clerk requested permission to make available to the press the telephone in the Office of the Board of County Commissioners on March 9, 1976, to enable them to report on the Election returns.  This met with the approval of the Board.

accounts allowed

On a motion by Commr. Deems seconded by Commr. Burhans and carried, the Board approved the payment of $1,010 to the Florida Telephone Corporation for work done in preparing the telephone equipment in the Sheriff’s Department for hookup to the new Courthouse system.  This was inadvertently omitted from the General Contractors Contract and should be paid from the Revenue Sharing funds.  Commr. Carson abstained from the discussion and the vote because he is a member on the Board of Directors of the Florida Telephone Corporation.

funds-transfer

On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried unanimously, the Board approved the following transfers from Contingency in the General Revenue Fund:

$200 to #2101338 “Maintenance of Equipment” and $300 to #2101201 “Gas and Lubricants”

 

$20,000 to #5221309-3 “Inpatient Hospital Services”

 

On a motion by Commr. Deems seconded by Commr. Carson and carried unanimously, the Board approved the transfer from Contingency in the Road and Bridge Fund of $16,709.00 to #4102330 “Insurance.”

bonds

On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the following Contractor Bonds were approved:

1406-76           Daryl L. Carbaugh – Residential Contractor

  501-76           Willard Aldridge – Aluminum Products Installation

1405-76           Charles Krazit – Building Contractor

 

On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board approved the cancellation of Contractor Bond 987-75 John McCown.

licenses and permits

On a motion by Commr. Carson seconded by Commr. Hoskinson and carried, the Board approved the gun permits and the $500 Bond for the following:

Clarence H. Williams                                                  R. P. “Johnny” Jarnagin

Charles C. Strickland                                                  Willie Mae Barrett

Joan D. Spooner                                                          Iona M. Burhans

 

Commr. Glenn C. Burhans abstained from voting because one of the applicants was his wife.

On a motion by Commr. Hoskinson seconded by Commr. Carson and carried unanimously, the Board approved the gun permit and $500 Bond for Samuel Grant.

animals

The Clerk presented to the Board a resolution establishing the spaying program in Lake County.  The Board discussed changes that it felt were needed in the resolution and requested that the County Attorney draw a Contract in addition to the Resolution designating the Friends of the Animal Shelter as the body operating the spaying program.  No formal action was taken on the resolution at this time.

recess and reassembly

At 12:00 Noon the Chairman announced that the Board would adjourn for lunch at the Mount Dora Motor Lodge.  The public and press were invited on a Dutch-treat basis.

sewer plants

Mr. William Hennessey, Pollution Control Director, appeared before the Board with a request to approve the sewer plant location for Camp Horizon.  On a motion by Commr. Carson seconded by Commr. Hoskinson and carried, the Board approved the sewer plant location for Camp Horizon as presented and recommended by the Director of Pollution Control.  Commr. Deems was absent for the vote.

commissioners

At 1:50 P.M. Commr. Deems arrived for the afternoon session.

accounts allowed

On a motion by Commr. Burhans   seconded by Commr. Hoskinson and carried unanimously, the Board approved for the following vouchers to be paid:

 

GENERAL REVENUE            1107-1378       ROAD AND BRIDGE             385-479

FINE AND FORFEITURE          179-219        MVI                                           92-109

FISH CONSERVATION              9 & 10         NORTHEAST HOSPITAL                  7

NORTHEAST AMBULANCE              7         REVENUE SHARING                   9-11

EMERGENCY MED. SERVICES         1

 

On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board approved travel for Mary Hamner, Lake County Nursing Home Administrator, to attend a 15 hour required education course for Administrator Licensure in Miami from March 23-27, 1976.

On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board approved travel for Martha Alexander, Food Service Supervisor of the Lake Memorial Nursing Home, to attend an educational instruction course for food service supervisors’ permit in Gainesville April 8-9, 1976.

On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board approved travel for Phil Yoder, Mosquito Control Director, to attend the Aquatic Herbicide Applicator Training School in Winter Park on March 30, 1976.

county material

On a motion by Commr. Burhans seconded by Commr. Hoskinson and carried unanimously, the Board approved the request from the District Forester for 30 loads of clay material to renovate its site for facilities at the Paisley Tower.  It is the understanding of the Board that the Forestry Service will load and haul the clay at its own expense.

indigents

On a motion by Commr. Hoskinson seconded by Commr. Deems and carried the Board approved the addition to the Indigent List in District #5 of Maedean Burns for Lilia May Miller in the amount of $50.00.

accounts allowed

On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board approved payment to Jack Jones, Architect, in the amount of $4,230.15 which is in accordance with his contract with Lake County.

On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board approved the payment of $170,672.25 to P & C Thompson Brothers, General Contractors, which is in accordance with their Contract with the County.

zoning

ZONING VIOLATION 76-3  Stella Guerra and Richard J. Webb

No one appeared before the Board regarding this case.  On a motion by Commr. Deems seconded by Commr. Burhans and carried unanimously, Stella Guerra and Richard Webb were found in violation, the violation was declared a public nuisance and they were given 30 days to comply with Ordinance 1971-6.

ZONING VIOLATION 76-16  Edward Meredith

No one appeared before the Board regarding this case.  On a motion by Commr. Carson seconded by Commr. Hoskinson and carried unanimously, the Board found Mr. Meredith in violation, declared the violation a public nuisance and gave him 30 days to comply with Ordinance 1970-1.

ZONING VIOLATION 76-17  Kenneth A. Still

Mr. Willett stated that Mr. Still had complied.  No action was taken.

ZONING VIOLATION 76-18  Margaret C. Watson

No one appeared before the Board regarding this case.  On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board found Margaret Watson in violation, declared the violation a public nuisance and gave her 30 days to comply with Ordinance 1970-1.

ZONING VIOLATION 76-20  A. C. Hanson

No one appeared before the Board regarding this case.  On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board found Mr. Hanson in violation, declared the violation a public nuisance and gave him 30 days to comply with Ordinance 70-1.

ZONING VIOLATION 76-21  H. M. Bales

Mr. Bales appeared before the Board regarding this case.  He stated that he would comply as soon as possible but could not give the Board a definite date.  The Chairman stated that it was not the Board’s intention to create a hardship; however, the Board would have to take some action on the matter but would try and give him enough time to raise the necessary funds needed to purchase the permits and install the required septic tank.  On a motion by Commr. Deems seconded by Commr. Burhans and carried unanimously, the Board found Mr. Bales in violation, declared the violation a public nuisance and gave him 60 days to secure the necessary permits to comply with Ordinance 71-6.  The Board explained that after the permits are obtained he had 90 days to install the necessary equipment for which the permits were issued.

ZONING VIOLATION 76-22  James Stapleton

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. Stapleton in violation, declared the violation a public nuisance and gave him 30 days to comply with Ordinance 70-1.

ZONING VIOLATION 76-24  Howard A. Pruitt

Mr. Pruitt appeared before the Board regarding this case.  He stated that he would be abide by the direction of the Board regarding the elimination of the additional mobile home on his property; however, he requested that he be given time to sell the mobile home.  On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board found Mr. Pruitt in violation, declared the violation a public nuisance and gave him 30 days to comply with Ordinance 71-6.  The Board informed Mr. Pruitt that if he needed more time to sell the mobile home in question he could telephone Mr. Willett who would obtain for him an extension of time from the Board.

ZONING VIOLATION 76-25  Clarence Yoder Property Owner  A. Ackerman

No one appeared before the Board regarding this case.  On a motion by Commr. Carson seconded by Commr. Hoskinson and carried unanimously, the Board found Mr. Ackerman in violation, declared the violation a public nuisance and gave him 30 days to comply with Ordinance 70-1.

ZONING VIOLATION 76-29  Alexander Ackerman

No one appeared before the Board regarding this case.  On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board found Mr. Ackerman in violation, declared the violation a public nuisance and gave him 30 days to comply with Ordinance 71-6.

ZONING VIOLATION 76-40  Roland C. Thayler

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. Thayler in violation, declared the violation a public nuisance and gave him 10 days to comply with Ordinance 71-6.

ZONING VIOLATION 76-41  Roland E. Green

Mr. George Hovis, Attorney, appeared before the Board regarding this case.  He stated that his client would like the opportunity to apply for rezoning and a Conditional Use Permit in order to conduct the type of trailer park he had in mind when the property was purchased.  The Board discussed the fact that this same piece of property had been brought before the Board for rezoning about one year ago by the previous owner and was denied the request for rezoning due to a variety of reasons.  The Board was concerned if there had been a change in the area which would constitute this being presented to the Board again.  Mr. Green, owner of the property stated that they had spoken to all the persons in objection to the rezoning of one year ago and he feels that their worries have been resolved.

On a motion by Commr. Hoskinson seconded by Commr. Carson and carried unanimously, the Board postponed this case for 90 days.

ZONING VIOLATION 76-82  Edward Hyatt

No one appeared before the Board regarding this case.  Mr. Willett stated that the Department had contacted Mr. Hyatt and the notice of violation had been received by the violator.

Mr. Willett stated that it looked like there had been no new digging conducted.  He also stated he was within 50 feet of the land owned by the adjacent property owner and suggested that he be required to fill in the land to comply with the 50 foot setback.  Mr. Ford stated that the County has successfully stopped the mining operation and that this situation may become a civil matter.

On a motion by Commr. Deems seconded by Commr. Hoskinson and carried unanimously, the Board found Mr. Hyatt in violation, declared the violation a public nuisance and ordered him to cease and desist the mining operation immediately and the Planning Department was to inform him that the removal of sand is not permitted without the issuance of a Conditional Use Permit by Lake County.

roads-county

The Chairman presented to the Board a petition from the residents of Sleepy Hollow Farms regarding an unpaved road leading to their homes which was eliminated from the County maintained road system.  This was referred to the Chairman and the County Attorney for their attention.

PUBLIC HEALTH

At this time Mr. Ford, County Attorney, discussed with the Board the bills of the District Medical Examiner of which payment has been withheld.  The following recommendations were presented to the Board for approval by the County Attorney:

1.      Offer the District Medical Examiner the sum of $8,945 as full and final payment for his outstanding bills for the 1974-1975 year which amounted to $17,890 subject to the County receiving from him a release from the full payment of his previous bill in the amount of $17,890.

 

On a motion by Commr. Deems seconded by Commr. Burhans and carried unanimously, the Board approved the above recommendation and authorized the funds to be released upon receipt of the necessary document from Doctor William Shutze.

2.      Payment in full of the Medical Examiners bills and all supporting bills up to February 1, 1976.

 

On a motion by Commr. Deems seconded by Commr. Hoskinson and carried unanimously, the Board approved the above recommendation and authorized the funds to be released.

3.      Pay all bills with the exception of the Medical Examiners bill that have been submitted up to March 1, 1976 and authorize Commr. Deems and the County Attorney to draw a contract between Lake County and the Medical Examiner for presentation to the Board as soon as possible.

 

On a motion by Commr. Deems seconded by Commr. Hoskinson and carried unanimously, the Board approved the above recommendation and authorized the funds be released.

At this time the Board discussed the use of State funds for the construction of a morgue.  Mr. Ford stated that he had discussed this matter with an attorney from the Health Department, and it was indicated that the funds received by the State for the Medical Examiner could be used for the purpose of a morgue and stated that he would write to Mr. Ford about the request in about two weeks.

roads-state

Mr. Ford informed the Board that he had written to the Department of Transportation requesting that all negotiations for land involved in the right-of-way for S 452 A be terminated until the situation regarding the appraisals could be resolved.  The Board requested that Commr. Windram continue his efforts to speak with the property owners about the appraisals made on their land.

At this time Mr. Ford informed the Board that he had spoken with several appraisers regarding the possibility of conducting appraisals for the slated project involving Dixie Avenue in Leesburg and everyone he contacted was not interested in undertaking the necessary work involved at the price the County was willing to pay.

Mr. Ford also stated that the Department of Transportation had informed him that Mr. Lee Howard would not be available to conduct the appraisals on Dixie Avenue.  Discussion was held on the alternatives that could be taken with regards to this matter.

On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board approved to allow the DOT Staff Appraiser conduct the appraisals needed in the widening of Dixie Avenue in Leesburg provided that the DOT does not attempt to negotiate or purchase any right-of-way for this project until the appraisals are reviewed and approved by the Lake County Board of County Commissioners.

contracts and agreements

Mr. Ford stated that earlier in the morning the Board had approved a draw from the Escrow Account of Country Club Ridge Subdivision which is being held by the First National Bank in Mount Dora.  He stated that according to the agreement the Board must adopt a resolution to this effect as well as a letter from the Chairman stating same.

On a motion by Commr. Deems seconded by Commr. Hoskinson and carried unanimously, the Board adopted a resolution approving the release of $12,280.30 from the Escrow Agreement was approved by the Board of County Commissioners.

There being no further business to be brought before the Board, the meeting was adjourned at 4:30 p.m.

_________________________________

THOMAS J. WINDRAM, chairman

________________________

James C. Watkins, Clerk