A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
may 11, 1976
The Lake County Board of County Commissioners convened in Regular Session on Tuesday, May 11, 1976, in the Commissioners’ Room, Courthouse, Tavares, Florida, at 9:00 A.M. Present were: Thomas J. Windram, Chairman; C.A. Deems, J.M. Hoskinson, Glenn Burhans and James R. Carson, Jr. Others present were: James 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. Burhans, seconded by Commr. Carson and carried unanimously, the Minutes of the Regular Meeting of April 13, 1976, were approved as amended.
public health
Commr. Windram asked if any action had been taken on the letter received by the County from Leesburg General Hospital informing the Board that after July the Medical Examiner would no longer be allowed to use the Hospital Morgue in the performance of his duties as the District Medical Examiner.
Commr. Deems requested the Board authorize him to speak with the proper authorities at the Hospital because he felt that the County could obtain an extension of time with regards to this cut off date. He also stated that the County should pursue the possibility of using some of the money it receives from the State for reimbursement of the Medical Examiner Bills to construct a morgue.
minutes
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Minutes of the Regular Meeting of April 20, 1976, were approved as amended.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Minutes of the Special Meeting of April 27, 1976, were approved as amended.
At this time the Board requested that the Minutes of the Special Meeting of April 29, 1976 be rewritten.
planning and zoning
Mr. Watkins, Clerk, asked if the Board would like him to make arrangements to have another room available for the meeting on May 18, 1976, when it will hear the Rezoning case involving Larens Glass. The Board concurred with the Clerk on this matter and requested that he make arrangements to have another room in the Courthouse available for this particular hearing.
Discussion was held and it was decided that at the beginning of the rezoning cases on May 18, 1976, the Board would announce that the hearing regarding the Glass Plant would be held in another room and request that all interested parties proceed to the designated room which would allow the citizens involved in the other rezoning cases to listen and present comments on these cases.
Mr. Willett presented to the Board a request from Mr. Ben Davis to live in a mobile home on the same piece of property on which his conventional dwelling is being built. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request of Mr. Ben Davis subject to the necessary 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.
accounts allowed
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, travel was approved for Michael Willett to attend the 17th Annual Planning & Zoning Conference in Tampa from May 26-29, 1976.
roads – county
Mr. George Smith from the Department of Transportation, appeared before the Board to discuss Lake County’s cash flow status.
At this time, Mr. Smith asked if the Board would adopt a resolution approving for the DOT to acquire right-of-way for the Apopka-Beauclair Bridge and the Haines Creek Bridge through Secondary Road Funds. He stated that the right-of-way involved at the Apopka-Beauclair Bridge would be for detour purposes during the construction of the bridge and the right-of-way at the Haines Creek Bridge would be for minor realignment. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board adopted a resolution approving the above as requested by Mr. Smith.
Mr. Smith presented to the Board for discussion the matter involving S 452 A. Commr. Windram requested that this item not be discussed at this time.
Mr. Smith concluded reviewing with the Board the cash flow sheet based on Lake County’s Five Year Road Program which it presented to the DOT in March of this year.
Commr. Hoskinson stated that two weeks ago there had been a request to change the name of DR 3-3844 from Mansfield Drive to County Drive. He stated that he had reviewed the matter and had no objections to this change. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved for the Public Works Department to change the name of DR 3-3844 from Mansfield Drive to County Drive as requested by the residents.
mvi
Commr. Windram presented to the Board safety recommendation for the Minneola MVI Station and County Barns 2 & 3 from the County Insurance Carrier. These were referred to Mr. Morey for his attention.
accounts allowed
Mr. Morey, Acting Public Works Director, presented to the Board a sewer assessment from the City of Tavares in the amount of $3,795.50. He stated that if this bill is paid by Friday, May 14, the County would receive a four percent discount. He further informed the Board that he had reviewed the bills and that they were in order. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved for the above mentioned bill to be paid by Friday.
communications
Commr. Windram presented to the Board a resolution from Hendry County opposing the County organizational structure of the Department of Health and Rehabilitative Services. This was read and filed.
Commr. Windram presented to the Board a resolution from Seminole County requesting the State Legislature to restore Sovereign Immunity. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board adopted a similar resolution stating same and requested the Clerk forward it to Lake County’s Legislative Delegation.
accounts – refused
Commr. Hoskinson presented to the Board a travel voucher from Mr. Fred Bollenberg, Veterans Service Officer, for a trip he made to Tallahassee. He stated that the Finance Department had informed him that prior approval had not been received for this travel and told the Board that he would look into the matter.
animals
Commr. Hoskinson reported to the Board that he had spoken further with the Police Chief of Wildwood and they had arrived at a tentative agreement. The City of Wildwood agreed that it would pay for the boarding of the animal at a cost of $2.00 a day per animal and a disposal charge of $5.00 per animal. He stated that Wildwood has an Ordinance designating a holding period of three days and according to the County Attorney’s Office Lake County could observe this holding period involving the dogs received by Wildwood.
Commr. Hoskinson stated that the dog would be delivered to the Animal Shelter once a week; however, before the delivery of the animals Mrs. Rouse would have to be contacted to find out if the shelter could handle the quantity to be delivered and she would be allowed to adjust the number of dogs to be delivered according to the Shelter capability to accommodate the animals. The agreement would be for approximately 45-60 days, would include a Hold Harmless clause and would contain a clause which would allow the Contract to be extended if it met with the approval of the Board.
The proposal met with approval of the Board and Commr. Hoskinson stated that he would pursue the matter further and present to the Board a final document for its approval as soon as possible.
fairgrounds
Commr. Burhans stated that a request to paint the flagpoles at the Fairgrounds had been referred to him and requested approval for Mr. Carl Bartlebaugh to paint the two flagpoles at the Fairgrounds at a cost of $75.00. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the above request was approved.
accounts allowed
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved travel for Phil Yoder to attend the Florida Anti Mosquito Association Conference in Jacksonville, June 18-19, 1976.
ordinance
Commr. Burhans stated that he had presented to the Board a proposed Ordinance from the Cattlemen’s Association prohibiting the shooting of firearms over road right-of-ways. He stated that this had been referred to the County Attorney.
Mr. Ford, County Attorney, stated that there is a State Law which prohibits the shooting of firearms over paved roads. He stated that he would research the matter further and forward to each Commissioner a copy of the Orange County Ordinance.
bonds
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the following Contractor Bonds:
1423-76 Charlene B. Norquist – General Contracting
1424-76 Frank G. Lopes – Roofing
courthouse
Mr. Watkins presented to the Board a letter from J. Carl Smith, Executive Director of the Lake County Chamber of Commerce, regarding the ceremony for the placing of pictures in the Fourth Floor Courtroom. He suggested that this be held on Memorial Day, May 31, 1976 at 11:00 A.M. This met with approval of the Board and requested that the Clerk send to each Commissioner a note reminding them of this date.
accounts allowed
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved the request from Jackson Haddox, County Extension Agent, for six delegates to attend the 4-H Adult and Teen Leadership Forum in Gainesville, June 28 – July 1, 1976.
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the request from Jackson Haddox for four 4-H members and one adult leader to attend the National 4-H Citizenship Short Course in Washington D.C. June 20-26, 1976.
hospitals
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the admission of Enoch Ragin to the A.G. Holley State Hospital.
funds-transfer
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved the transfer of $7.50 from “Office Supplies and Expenses” to “Dues and Memberships Account” in the Civil Defense Budget.
licenses and permits
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the Gun Permit and $500 bond for Hortensia R. Hall.
accounts allowed
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved payment of the Architects bill in the amount of $2,924.02 which is in accordance with their Contract.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved payment of the General Contractor’s bill in the amount of $148,988.50 which is in accordance with their Contract.
resolution
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board adopted a resolution opposing a proposed bill providing for the imprisonment of an individual in the County Jail if the total accumulative sentences of the prisoner does not exceed five years. The Board requested that this be sent to our Legislative Delegation.
courthouse
Discussion was held on the possible increase of trunk lines into the Courthouse. No action was taken at this time.
ordinances
Mr. Ford, County Attorney, presented to the Board copies of an Ordinance regarding the jury system. He stated that Judge Booth was in favor of the change and would have Dan Robuck confer with him further on the matter. Mr. Ford requested the Board members review the Ordinance.
accounts allowed
Mr. Ford presented to the Board information he had received on a volume being made available on Developments, Court Decisions and Commission Rulings in Florida Public Employee Law. He stated that the subscription would cost of $200 a year and requested permission for the County to subscribe to it for one year. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the above request of the County Attorney.
contracts and agreements
Mr. Ford presented to the Board the Contract between Lake County and the City of Eustis regarding the Fairgrounds. He stated that the Contract had been rewritten and had a few comments and suggested changes. Discussion was held. On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board approved the above Contract as amended by the County Attorney and authorized the Chairman and Clerk to sign same upon it being retyped.
state agencies
Commr. Carson introduces to the Board, Bonnie Bentley who is the new Lake County Coordinator for Youth Programs, Inc.
Mrs. Bentley invited the Commissioners to attend a banquet and assist in presenting awards to the Lake County Youth Programs Volunteers. She stated that it would be held at the Western Sizzler in Leesburg on Wednesday, May 26, 1976 at 7:00 P.M. The Board requested that the Clerk prepare a memorandum reminding the Commissioners of this date.
lake county property appraiser
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the Certificates of Error and Corrections 4-16583 through 4-16600.
recess and reassembly
At 12:00 Noon the Chairman announced that the Board would adjourn for lunch at the Silver Lake Golf and Country Club. The public and press were invited on a dutch treat basis.
maps and plats
The Chairman announced that the advertised time had arrived for the Board to consider the vacating of a plat.
The Deputy Clerk read the proof of publication regarding the petition to vacate a portion of the plat of Royal Trails Unit number one (1). The description of the plat is as follows:
LOTS 12 THROUGH 16, BLOCK 100; LOTS 1 AND 2, BLOCK 101; AND LOTS 8 THROUGH 14, BLOCK 102; ACCORDING TO THE PLAT OF ROYAL TRAILS UNIT NUMBER (1), RECORDED IN PLAT BOOK 19,
PUBLIC RECORDS OF LAKE COUNTY, FLORIDA.
Two representatives of Royal Trails appeared before the Board. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved for the aforementioned portion of a Plat to be vacated.
Commr. Windram, at this time asked the representative from Royal Trails why District Road 4-7991 & 5-7991, still required a locked gate. The representatives could not answer this. Commr. Windram requested that the proper authorities be notified that the Board would like an explanation for the locked gate blocking the aforementioned district road because it was the Board’s contention that the locked gate was no longer needed for construction purposes.
zoning
ZONING VIOLATION 76-57 Sylvia Coffaro
Mrs. Sylvia Coffaro appeared before the Board regarding this case. She informed the Board that she would disconnect the electricity from the travel trailer on the property as requested by the Code Enforcement personnel. On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, Mrs. Caffaro was found in violation, the violation was declared a public nuisance and was given 30 days to comply with the Ordinance 1971-6.
ZONING VIOLATION 76-47 Mr. and Mrs. Glenn Nugent
Mr. Greg McMann, Attorney representing Mr. and Mrs. Nugent, appeared before the Board regarding this case. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board postponed this case until July 13, 1976 at 2:00 P.M. or as soon thereafter as possible.
ZONING VIOLATION 76-48 Fred and Richard Hartman
Fred and Richard Hartman appeared before the Board regarding this case, and stated that they had already moved a majority of the vehicles off their property. On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, Fred and Richard Hartman were found in violation, the violation declared a public nuisance and given 60 days to comply with Ordinance 1970-1 and 1971-6.
ZONING VIOLATION 76-49 Roy White
Mr. Roy White appeared before the Board regarding this case. On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, Mr. White was found in violation, the violation declared a public nuisance and was given 30 days to comply with Ordinance 1970-1.
ZONING VIOLATION 76-50 Katherine Ross
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 Katherine Ross in violation, the violation was declared a public nuisance and she was given 30 days to comply with Ordinance 1970-1 and 1971-6.
ZONING VIOLATION 76-52 Ward Surdevant
Mr. Ward Sturdevant appeared before the Board regarding this case. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board found Mr. Sturdevant in violation, the violation declared a public nuisance and was given 30 days to comply with Ordinances 1970-1 and 1971-6.
ZONING VIOLATION 76-53 H.S. Singletary
Mr. H. S. Singletary appeared before the Board regarding this case. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board found Mr. Singletary in violation, the violation declared a public nuisance and gave him 90 days to comply with Ordinance 1971-6.
ZONING VIOLATION 76-55 Kay Roessler and Dora Pines Estates
Mrs. Kay Roessler appeared before the Board regarding this case, and stated that she was the property owner, but the additional mobile home, a portion of which was located on her property, she believed was owned by Dora Pines Estates. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board found Dora Pines Estates in violation and the violation declared a public nuisance and gave them 30 days to comply with Ordinance 1971-6. Commr. Deems and Bernie Langin, Zoning Administrator, stated that they would research the ownership of the mobile home.
ZONING VIOLATION 76-60 Walter B. Kaminski
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. Kaminski in violation and the violation declared a public nuisance and gave him 30 days to comply with Ordinance 1970-1.
accounts allowed
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the following vouchers to be paid.
General Revenue 1679-1947 Aquatic Weed Control 1-2
Road and Bridge 575-681 North East Hospital 9-10
Fine & Forfeiture 274-316 North East Ambulance 10-11
Auto Inspection 134-156 North West Ambulance 6
Revenue Sharing 14-15
indigents
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the following Indigent changes:
ADD: CREOLA DAVIS FOR JOHNNY SCOTT LEE $50.00 D-1
ADD: CHARLIE ELLER FOR FRANK WATLEY $45.00 D-3
CANCEL: AVERY WALDON FOR BARBARA MC COY $33.00 D-4
CANCEL: WILLIAM ABBOTT FOR KENNETH DEREMO $40.00 D-5
There being no further business to be brought before the Board, the meeting was adjourned at 3:05 P.M.
_____________________________
Thomas j. windram, chairman
________________________
James C. Watkins, Clerk