A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
JANUARY 3, 1978
The Lake County Board of County Commissioners convened in regular session on Tuesday, January 3, 1978, 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, Deputy Clerk.
The Invocation was given by James C. Watkins, Clerk, and the Pledge of Allegiance was led by James R. Carson, Jr.
TRANSFER
OF CHAIRMANSHIP
At 9:05 a.m. Commr. Deems announced that the time had come to turn the Chairmanship over to the 1978 Chairman-elect, Commr. James R. Carson, Jr. At this time the actual transfer of seats took place, along with the acknowledgement of the new Vice Chairman, Commr. J.M. Hoskinson.
SUPPLIES/SURPLUS
Commr. Burhans brought before the Board a letter from Philip Yoder, Director, Mosquito Control, requesting various items be declared surplus and put out to bid as scrap metal. Discussion followed.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board declared the materials listed in Mr. Yoder’s letter of December 30, 1977, as surplus, stressing special attention should be given to the steel plates mentioned on the list, and authorized a sale for disposal of the items after Commr. Deems has time to check with Road & Bridge and see if they have any items which could be added to the list.
SCHOOLS/OUTDOOR RECREATION
Commr. Hoskinson brought to the attention of the Board a request from Clermont High School to have their football field sanded down. They have sand which has been donated, but no grader available.
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board approved for 4-8 hours of grader time on the football field at Clermont High School to do the necessary work. This is to be done at the County’s convenience.
COURTHOUSE/COMMUNICATIONS
Commr. Hoskinson presented to the Board plans for a central mail room to be located on the first floor of the new courthouse. Discussion followed concerning the necessary equipment required, plus who would be served by this service. Commr. Hoskinson informed the Board that the mail room would eliminate the need for the various Post Office Boxes they now have, plus it would establish a routine and orderly fashion in the distribution of not only incoming and outgoing mail, but also all inter-office correspondence.
On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved the plans for a County and Board of County Commissioners’ mailroom as outlined (an approximate expenditure of $3,412 for mailing machine and scales, $12.00 monthly service contract, and approximately $20.00 per month meter rental), to be manned by a CETA employee not to exceed an annual salary of $7,000.00. It was further approved for the clerk’s various Departments to be included in this mailroom plan at whatever future time he sees fit.
COURTHOUSE/COMMUNICATIONS
Mr. Watkins presented to the Board a letter from the Florida Public Service Commission informing us of a new charge amount to $40 per month for us. The Board requested Mr. Watkins work with all Department Heads to streamline our credit card needs and report back to them.
MACHINERY AND EQUIPMENT
Mr. Watkins presented to the Board a request for new machinery in the Traffic Department which would greatly streamline their procedures, and through attrition eventually eliminate three positions.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved Mr. Watkins’ request to lease one 6/450 Information Processor along with one 6240 Magnetic Card Selectric typewriter to make up the System 6 IBM System at a cost of $1091.00 per month.
PLANNING AND ZONING – CUP571-5 –
LAURIER BEARD
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the amended CUP as presented by Michael Willett. The amended portion of the CUP provided for a $15,000.00 escrow fund for whatever safety improvements are needed prior to additional building permits being issued and with the understanding that a legal description of the land would be submitted upon requesting additional permits.
BOND
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved for Daniel Cangialosi 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.
BOND CANCELLATIONS
On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board approved the cancellation of the mobile home bonds held by the following people:
Darrell Story Charles Voss
Patrick Venable James Garris
Julius Shelton Glenn Burhans
Donald Dormire Clark Johnson
Everett Wiggins Mary Temple
Clarence L. Wright
Commr. Burhans abstained from voting due to the fact he held one of the bonds to be cancelled.
CONTRACTOR BONDS
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the following Contractor Bonds:
220-78 – Ira D. Starkey (Building Contractor, Class B)
455-78 – James Sampson (Painting)
1343-77 – Bartlett Brothers Roofing Co., Inc. (Aluminum)
1494-78 – Larry Nelson dba Nelson Electric
1510-78 – Walter A. Ondrizek (Residential, Class C)
1586-78 – Jimmie L. Weekly (Specialty/Sign Painting)
1605-78 – J. Donald Miles (Plumbing Contractor)
1606-78 – Jack Osborn (Brightwater Pools, Inc.)
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the cancellation of the following contractor Bond:
1547-77 – Charles Oliver Cornstock, Jr. (Heating and A/C)
REPORTS
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board accepted the monthly Youth Programs, Inc. status report (Nov.).
CHECKS ACCEPTED
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board accepted a $2.50 voucher from Ray Blanchette to cover precinct lists.
ACCOUNTS ALLOWED
On a motion by Commr. Deems, seconded by Commr.. Burhans and carried unanimously, the Board approved the travel request for Glenn Middleton to attend the Florida Atlantic University 26th Annual Conference for Building Officials held in Tampa, Florida, February 25, 1978 – March 2, 1978, at a cost of $200. This was a budgeted item and a preregistration fee of $45.00 is required.
INDIGENTS
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the following change on the Indigent List:
Dist.1 Add Janice Fayson for Jesse Freeman $40.00
Dist 1 Add H.J. Guess for Leah Ritzel $28.50
Dist 1 Add Leola Gamble for Catherine Sapp $34.60
Dist 1 Add Perry Kelley for Carnell Mathis $18.00
Dist 1 Add Mr. William Green for W. Portwood $60.00
Dist 1 Add Johnny Johnson $40.00
Dist 1 Add Charles Chastain for Ray Wright $60.00
Dist 1 Cancel Marietta Trailer Park for Bobby Lee McDonald $72.80
Dist 1 Cancel Advance Mortgage Company for Helen Owens $75.39
Dist 4 Add Mel Carlson for Janie Howard $49.00
ACCOUNTS ALLOWED
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved payment of the following vouchers:
General Revenue 868-102 6
County Trans. Trust 190-22 2
Fine and Forfeiture 161-18 3
Auto Inspection 46-54
Road and Bridge Special Assessment 1
DWI School 9-10
Title II Anti-Recession 4- 5
State I Mosquito 1
State II Mosquito 1
Fish Conservation 3
Northeast Hospital Ambulance Dist 3- 5
CETA Title VI Projects 81
Section 8 48-6 9
Block Grant 1
MEETINGS
Commr. Hoskinson brought to the attention of the Board an Energy Conservation Workshop, January 23, 1978, in Orlando at 9:00 a.m.
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board authorized the Clerk to notify the appropriate people so that the County would be represented at this workshop.
ORDINANCE
At 10:00 a.m. the Chairman announced that the advertised time had come for the consideration of the Alcoholic Beverage Regulation Ordinance. It was noted that the proper proof of publication was on file.
On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Board placed the Ordinance on the floor for discussion on its first and only reading by title only.
Commr. Hoskinson moved that the times be changed on Page 2 from 2:00 a.m. and 7:00 a.m. to 2:30 a.m. and 7:00 a.m. Discussion followed. The motion died for lack of a second.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved adoption of this Ordinance as presented by title only as follows:
LAKE COUNTY, FLORIDA; DEFINING ALCOHOLIC BEVERAGES; DEFINING ESTABLISHMENTS DEALING IN ALCOHOLIC BEVERAGES; PROVIDING FOR OPENING AND CLOSING HOURS OF ESTABLISHMENTS DEALING IN ALCOHOLIC BEVERAGES; PROVIDING FOR AN EFFECTIVE DATE.
No one present discussed this Ordinance with the Board, but once it was adopted two people in the audience thanked the Board for the action which they had taken.
RECESS AND REASSEMBLY
At 10:25 a.m. the Chairman announced a ten-minute recess. The Board reconvened at 10:35 a.m.
ACCOUNTS
ALLOWED
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the purchase of 4 each 3-panel folding screens to be used by the Agriculture Center. The cost is $31.99 each from Sears, totaling $127.96. They were approved in this year’s budget and presented to the Board for approval by Gary Knuckles.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved a purchase request from Gary Knuckles for the Agriculture Center for one Royal typewriter at a cost of $675.00. this was a budgeted item. Their old typewriter will be utilized as an extra in the County.
LAKE COUNTY PROPERTY APPRAISER
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved Certificates of Error and Correction on the 1977 tax roll numbered 5-19626 through 5-19737.
LICENSES
AND PERMITS
On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board approved the following Utilization and Driveway Permits:
PERMIT PERMITTEE PURPOSE ROAD
931 Fl. Telephone Corp. Aerial and Buried Cable 1-7009
988 Fl. Telephone Corp. Aerial Cable 1-5306
989 Fl. Telephone Corp. Buried Cable 3-1146
4-367 Affiliated Service Corp. 8-in. Water Main C-44c
990 Fl. Telephone Corp. Buried Cable C-466A
991 Fl. Telephone Corp. Buried Cable & Subgrade Cros. 1-5313
994 Fl. Telephone Corp. Buried Cable 5-5727 and 5-5725
996 Fl. Telephone Corp. Buried Cable 2-1207
995 Fl. Telephone Corp. Buried Cable Crossing S-565
981 Fl. Telephone Corp. Buried Cable paralleling &
Crossing 5-8165
980 Fl. Telephone Corp. Buried Cable 5-7958
982 Fl. Telephone Corp. Buried Cable 5-7961
998 Fl. Telephone Corp. Buried Cable 3-1837
997 Fl. Telephone Corp. Buried Cable 5-8998-A
3-368 Fl. Telephone Corp. KV Primary Line Old SR 50
4-369 City of Mount Dora Overhead and Underground Elec S-44c
DRIVEWAY PERMITS
3-356 City of Tavares C-4140
1-357 C.E. Raburn – Family Market S-473
4-358 John A. Miller S-44B
4-359 Tommie L. Breedlove 4-5263
4-360 Affiliated Service Corporation C-44c
Commr. Carson abstained from the vote because he is a member of the Board of Directors of the Florida Telephone Corporation.
BIDS/ACCOUNTS ALLOWED
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the request to advertise NOTICE TO BIDDERS for Design Building Project in the amount of $21,779.20 covering the Ruby Street Parking Lot.
COUNTY ROADS
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board approved for Lake Tavares Road 3-4353 (Anderson Rd.) to be put on the current road improvement priority list and proceeded with as quickly as possible since the necessary right-of-way has now become available to us.
ROAD CLOSING
Discussion occurred regarding the legal description for the request to advertise for vacation of Edgewood Drive.
On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the board granted permission for the above road to be advertised for vacation. The Board further requested that the County engineer and County Attorney talk with adjacent property owners to be sure they understood that because of the way the lots were situated they could not be divided at a later date due to the fact there would not be public access available to them all then.
PLATS
On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board approved for the Chairman to sign the Lake Dora Oaks Subdivision Plat, along with the escrow agreement and necessary multi-signature bank cards.
PERMITS AND FRANCHISES
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the Garbage Collection Franchise applications for A.L. Beightol and Sam Joles.
ROADS
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the request of Mr. James W. Swann, Lee Acres Subdivision off of SR 439 to grade his road on a one-time basis as follows: 70 c.y. clay @ $3.00 for $210 along with 8 hours grader @ $26 for a total of $418. Work will begin subject to the funds being received by the Finance Department and with the understanding that the County will not be responsible for continued maintenance on this road.
ROADS/COUNTY-STATE
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved release of Road Reservations from the following Deed Numbers as requested from the Department of Transportation:
#1804, all but 33’ from centerline of DR5-7870
#439, all but 33’ from centerline of Riverview Ave. and Brassie Drive
#2251, all but 33’ from centerline of Apawamis Drive
#2417, all but 33’ from centerline of Brassie Drive
#2498, all but 33’ from centerline of Pine Valley Drive
#2519, all but 33’ from centerline of Lake Street
#2810, all but 33’ from centerline of Fifth Avenue
#2858, all but 33’ from centerline of Sixth Street
all but 33’ from centerline of North Street
#2009, all but 50’ from centerline of 500-A
#2704, all but 56’ from centerline of SR 46
RECESS AND REASSEMBLY
At 11:50 a.m. the Chairman announced the Board would adjourn for lunch at the Park Grill Restaurant. The public and press were invited on a dutch-treat basis.
The Board reconvened at 2:00 p.m.
ROAD CLOSING
At 2:00 p.m. the Chairman announced the time had arrived for the Board to consider the closing of Hodges Road. The proper proof of publication was received and reads as follows:
That part of a County Roadway described as follows: The south 50 feet of the North 250 feet of the East 62.87 feet of Government Lot 3 in Section 26, Township 19 South, Range 26 East, Lake County, Florida.
On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board approved the closing of the above road. Mr. Hodges was present and briefly discussed this road with the county Engineer and County Attorney regarding zoning and the next steps he will take.
COUNTY FAIRGROUNDS
Commr. Burhans brought before the Board three bids on the electrical work required at the fairgrounds. The bids were for $2175, $1937, and a low bid from Advance Electronics at $1305.
On a motion by Commr. Burnhans, seconded by Commr. Windram, the Board accepted Advance’s low bid with the understanding Commr. Burhans was to make sure they knew they were bidding on the same things the other two bidders had bid on. Discussion followed. The Board expressed the desire that the Fair Association work very closely with the Board of County Commissioners on any future buildings which may be built out at the fairgrounds. At this time the Chairman suggested it might be wise to gather additional information and vote on these bids at next week’s meeting. Commr. Burhans withdrew his motion and Commr. Windram withdrew his second.
COUNTY BUILDINGS
Commr. Windram informed the Board that the Health Department Parking Lot in Clermont needs repairs at an estimated cost of $1750. Discussion followed and it was decided to advise the County Engineer to get some firm contract prices and report back to the Board.
COUNTY EMPLOYEES/POLLUTION
CONTROL/SCHOOL
On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board approved for Ted Wicks, Acting Director of Pollution Control, to be reimbursed the cost of his semester hours at F.T.U., an estimated cost of $15 per credit hour for a total of $120 this semester. The Board further approved the use of his county vehicle for transportation subject to his signing the employee contract from the County Attorney’s office.
RESOLUTIONS
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board adopted a Resolution commending the Leesburg High School Baseball Team for their outstanding 1977 accomplishments.
ROADS/DEEDS/RIGHT OF WAY
The County Attorney suggested that a Mr. Raymond William’s request that a road right of way he deeded us in 1967 be deeded back to him be referred to the County Engineer. The legal description was quite lengthy and at this time the Attorney was unable to determine exactly where the road was, except in the Lake Jem area. It was decided to refer this to Bob Andrew to determine whether we have any need for this road or not.
SUITS AFFECTING THE COUNTY
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved for the County Attorney to participate in the suit against the Tax Adjustment Board and also to defend the Tax Collector in this suit filed by W.M. Gurley dba Williams Distributing Company.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the request of the Tax Collector, T. Keith Hall, that the County Attorney represent him to have a tax deed declared void. Under the statutes the Tax Collector must initiate suit. Mr. Ford recommended that dollar-wise it would be advisable for the County if he were allowed to handle this suit for the Tax Collector.
CONTRACTS AND AGREEMENTS
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board authorized the Chairman to sign the Agreement between the Tax Collector and the Board of County Commissioners enabling the Tax Collector to purchase gasoline at a reduced price.
SUITS AFFECTING THE COUNTY
On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the Board authorized the County Attorney to take whatever action is necessary to uphold the enforcing of the Alcoholic Beverage Ordinance which was passed earlier in the day. Mr. Ford stated he may have to intervene in a suit in order to protect the Ordinance in another suit brought against the Sheriff. At this point he had only heard rumors as to possible lawsuits, but suggested he be given the authority to act should he need to. It was the Board’s feeling the County Attorney be authorized to vigorously defend its earlier action.
There being no further business to be brought before the Board, the Chairman announced adjournment at 2:37 p.m.
BOARD OF COUNTY COMMISSIONERS
_____________________________________
James R. Carson, Jr., Chairman
_________________________
James C. Watkins, Clerk