A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
DECEMBER 5, 1978
The Lake County Board of County Commissioners convened in Regular Session on Tuesday, December 5, 1978 at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Courthouse, Tavares, Florida. Present were Commissioners: James R. Carson, Jr., Chairman; C.A. “Lex” Deems; Glenn Y. Middleton; Thomas J. Windram; and Glenn C. Burhans. 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 and the Pledge of Allegiance was led by Commr. Carson.
Discussion was held regarding the Minutes of November 14, 1978.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the November 14, 1978, Minutes were approved as amended with the exception of the Insurance section on the bottom of page 3 and top of page 4, which the Board requested be rewritten and presented for approval December 12, 1978.
Discussion was held regarding Jackson Haddox’s need for an additional phone at the Agriculture Center. It was pointed out that if long distance calls were placed on the County SunCom lines, the long distance budgeted monies could be applied towards the cost of an additional phone for ASCS.
accounts allowed/signs/department of emergency services
Discussion was held regarding four (4) quotations received by Mr. Lewis, Emergency Services Director, for the lettering of a sign blank identifying the new County Emergency Operating Center on Sinclair Avenue. Quotations are as follows:
Merry Sign Company - $60.00
Porter Sign Company - $42.00
Signs by Glenn - $36.00
County Public Works - $33.53
On a motion by Commr. Windram, seconded by Commr. Middleton and carried unanimously, authorization was given for Signs by Glenn to do the Emergency Services Sign. Under discussion it was pointed out that although Public Works’ estimate was lower than Signs by Glenn, the blank we are printing on is too large for our Public Works sign oven.
mosquito control department
Commr. Windram brought to the attention of the Board a problem which exists for Lou Mack, a Eustis resident, whose four property lots in the Hogan’s Subdivision of Eustis are unsuitable for building because of a County Mosquito Control drainage ditch cutting diagonally across the property. Ms. Mack’s present house has been condemned by the City and she is in a position to build a new home on her lots, except for the drainage ditch creating problems. Commr. Windram stated he had contacted Phil Yoder, Mosquito Control Director, who stated two-days work would be required to move the ditch and allow Ms. Mack to pursue her plans.
On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, authorization was given for two-days work to move the above-mentioned drainage ditch on Ms. Mack’s property. Commr. Windram requested Mr. Jerrell, Eustis City Manager, be contacted to make sure once the ditch is relocated Ms. Mack would indeed be able to obtain the necessary building permits.
Commr. Middleton reported to the Board he had received requests from the cities of Lady Lake and Montverde for animal control within the city limits. Discussion was held and it was decided the Mayors would be written and informed that the County cannot expand its services within their corporate limits.
Discussion continued regarding Animal Control’s equipment and the contract Danny Tanner has authorizing his picking-up and boarding large animals. It was feeling of the Board that Mr. Tanner should continue his duties as outlined in his present contract since he has the equipment to do so.
Commr. Deems stated he had received communications from the offices of the East Central Florida Regional Planning Council requesting a replacement be named for Commr. Hoskinson’s position as quickly as possible.
Discussion was held regarding Ray Robbins’ letter of resignation from the Planning and Zoning Commission. It was pointed out that this letter was submitted when Mr. Robbins qualified as a candidate for the Lake County School Board. Commr. Deems pointed out the possibility, because of Mr. Robbins’ defeat in the election, his availability for reappointment to the Planning and Zoning Commission.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, subject to attorney review, Ray Robbins was reappointed to the Planning and Zoning Commission, District # 2.
appointments/district iii mental health board, inc.
Commr. Carson brought to the attention of the Board a letter received from the President of the District III Mental Health Board, Inc. informing us Father Terry W. Jackson’s appointment to the Mental Health Board was due to expire on December 31, 1978.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, because of Father Jackson’s active and interested membership on the Mental Health Board, Father Jackson was reappointed for a two-year term. (January 1, 1979 – December 31, 1980)
contracts and agreements/district iii mental health
Brief discussion was held regarding the status of the Contract with the Mental Health Board. Mr. Ford, County Attorney, stated it was his feeling everyone favored the local agreement. Earlier discussion regarding this matter was in the meeting of October 17, 1978, Minute Book 28, Page 359.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, authorization was given to enter into the local Agreement with District III Mental Health.
Discussion occurred regarding letters the Board members have been receiving recently regarding the establishing of a Housing Finance Authority. Several consulting firms are interested in giving presentations to the County regarding the establishment of this “Authority”. Mr. Ford stated he had talked with one firm for several hours and he briefed the Board on exactly what the goals of this program would be. It was the feeling of the Board that they were not at all interested in establishing a Housing Finance Authority within the County at this time, since the people it ideally would benefit would be those subject to feel a financial squeeze first; thus defeating a successful financial aid program.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the County Attorney was instructed to respond to all Financial Consultants and Investment Bankers and report that Lake County, at this time, is not interested in a Housing Finance Authority Program.
accounts allowed/nursing home
Mr. Gary Knuckles, Purchasing Director, appeared before the Board regarding an emergency situation existing at the Nursing Home. Discussion occurred.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, it was declared an emergency exists at the Lake Memorial Nursing Home and immediate steps should be taken to correct the problems.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, Mr. Knuckles was authorized to contract with Audio Visual Systems, the Winter Park firm who originally installed the Nursing Home intercom system, in an amount not to exceed $3,300.00, covering the rebuilding of that system to eliminate the emergency which exists – no communication between patient and staff.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, authorization was given for the building and installing of an identifying sign, similar to the Welfare Department sign, for the Nursing Home.
Discussion was held regarding progress being made on the installation of the fire alarm system in the Old Courthouse. Mr. Knuckles stated he is having a problem in getting the contractor to stay on the job. It was requested the Clerk write a letter to Windale Associates and remind them they were contracted because of an “emergency situation” and we must insist they complete their proposal with a timely fashion.
autos & trucks
Mr. Knuckles informed the Board that he was having problems locating 1978 vehicles and he would have to start “shopping” ’79 vehicles to fill last week’s requests from the Public Works Department (Minute Book 28, Page 425).
county policy/escrow accounts
Mr. Watkins presented a proposal regarding the handling of Contractor Escrow Accounts.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board adopted the following policy:
1. Escrow deposits or Surety Bonds will be accepted along with the properly exercised Escrow Agreement at a regular Board of County Commissioners’ Meeting.
2. Escrow deposits will be deposited into a common Board of County Commissioners’ Escrow Trust Account which will follow the procedures of other Board accounts. Warrants will require the signatures of the Chairman of the Board of County Commissioners and its Clerk.
3. Payments will be authorized by the Board of County Commissioners upon the certification of the Developer-Contractor and the County Engineer that work has been done satisfactorily and all bills have been paid to date. Default and further determinations will follow the existing Escrow Agreement.
4. Interest earned by the investment of such Escrow deposits will be returned to the Developer at the appropriate time.
At 10:30 A.M. Mrs. Marge Goddard appeared before the Board requesting consideration be given her desire to plat 240 acres into twelve 20-acre parcels with a variance for use of clay roads. Mr. Bob Andrew, County Engineer, stated that this would be a variance from the County’s Subdivision Rules and Regulations. Lenghty discussion occurred.
Commr. Burhans moved that Mrs. Goddard’s request for a variance be granted and she be allowed to divide her land into twelve parcels. Discussion continued.
The feeling of the Board seemed to be that although they sympathized with Mrs. Goddard’s situation, it would be a variation from our rules, combined with problems they felt would develop due to no specifications required for the roads, Commr. Burhans’ motion died for lack of a second.
Upon no further motion being proposed, Mrs. Goddard was invited to meet with the Planning Director, Michael Willett, and the County Engineer, Bob Andrew, at her convenience for guidance in deciding what can be done with her land.
accounts allowed/contracts and agreements
It was brought to the Board’s attention that rent was due, and we presently have no current lease, for the Tax Collector’s office on Bay Street in Eustis.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, authorization was given to pay the October, November, and December rent due ($1,050.00) to James L. Rifkin, c/o Fletcher Bright Co., and have a lease drawn.
It was brought to the attention of the Board through a letter from Robert Pierce, Public Defender, that authorization had not been given to install shelving in the storage room while workmen are renovating a section of the Public Defender’s offices.
On a motion by Commr. Middleton, seconded by Commr. Windram and carried unanimously by those present, this matter was referred to the Building Committee to investigate and bring estimates before the Board. Commr. Burhans was out for the vote.
On a motion by Commr. Windram, seconded by Commr. Middleton and carried unanimously, the following Holiday list was approved for 1979:
Monday, January 1, 1979 – New Year’s Day
Monday, February 19, 1979 – Washington’s Birthday
Monday, May 28, 1979 – Memorial Day
Wednesday, July 4, 1979 – Independence Day
Monday, September 3, 1979 – Labor Day
Monday, November 12, 1979 – Veteran’s Day
Thursday & Friday, November 22 & 23, 1979 – Thanksgiving
Tuesday, December 25, 1979 – Christmas Day
contracts and agreements/jail
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board accepted L.C. Lipps proposal to provide engineering services plans, and specifications, along with ten hours of on-site inspection, to connect the chiller air conditioning units of the Old Courthouse and the Jail. Payment of $800.00 to be paid in full within 30 days after plans have been delivered.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board accepted the following checks from the Supervisor of Elections office:
$10.00 from Campaign Account of Claude E. Smoak
$25.00 from Campaign of Charles W. “Chick” Gregg
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board accepted a check in the amount of $4,438.37 from Indian Lake Fruit Company, per our Agreement with them regarding the harvesting of fruit from the clay pit off Rt. 19.
suits affecting the county
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board authorized the Ford, Cauthen & Robuck bill, in the amount of $4,025.38, to be sent to the Department of Transportation for payment. This bill pertains to Division of Administration, State of Florida Department of Transportation, and Lake County VS Thrifty Markets, Inc., et al Civil Action No. 75-509.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the following was approved:
261-79 Helmut L. Eidel and Tri-City Electrical Contractor, Inc. (Electrical)
304-79 Allen M. Wiley (Building Contractor)
919-79 L.T. Westerbrook (Mechanical)
1405-79 Krazit, Charles H. D/B/A Krazit Construction (General)
1549-79 Robert E. Everatt, Jr. D/B/A Leisure Pool Service (Swimming Pool)
1668-79 Albert L. Walker D/B/A Walker Construction (General)
1694-79 Howard J. Meginley, Sr., Meginley Construction Co., Inc. (General)
1699-79 Kirk G. Bengston (Class A Air Conditioning)
1701-79 David K. Henderson (Concrete Forming and Placing)
1702-79 Donald A. Jensen D/B/A Jenco Pools (Swimming Pool)
1703-79 Linda E. Winkelman (Residential Builder)
1705-79 Michael L. Fisher (Building Contractor)
1710-79 John D. Adams (Aluminum Specialty)
1712-79 David C. Edenfield (Residential)
1713-79 Juan Torres D/B/A J&L Electrical (Electrical)
1715-79 Hagood, Inc. (Residential Class C)
cancellation of contractor bonds
196-77 Norman G. Shrode, Sr. D/B/A Shrode Plumbing & Mechanical Co., Inc. (Plumbing)
357-79 Jerry J. Smith
394-77 Sam Powell D/B/A Coachwood Colony (General)
496-78 Aubrey M. Long
675-79 James W. Crabtree
797-78 Edward B. Plotner D/B/A Plotner’s Aluminum Construction (Building)
799-76 Robert L. Corron D/B/A Cement Finishing (Concrete Contractor)
843-79 John McDuffie
1066-73 Jack P. Bratten D/B/A Plant City Electric, Inc.
1124-78 Bruce Tomon D/B/A B.A.T. Construction (Contractor License Bond)
1194-76 David H. Hamilton D/B/A David Hamilton, Inc.
1386-76 Clifford Twetan D/B/A Griffwood Associates (General)
1490-78 Edward Lynum, Jr. (General)
1494-78 Larry Nelson D/B/A Nelson Electric (Electrical)
1530-77 Kenneth R. Martin D/B/A Adair Pools, Inc.
1605-78 J. Donald Miles D/B/A Lees Plumbing
1613-79 John Brunson & Clyde Brunson D/B/A Clyde Brunson & Sons (Electrical)
1644-78 Gregory Lee Crawford (Electrical)
1651-78 Milton Chessler D/B/A AAA Electric Service
1665-78 Hubert Jack Rayburn (Insulation)
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the November 17 & 22, 1978, Traffic-Criminal Department Distribution of Revenue Reports.
suits affecting the county
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously by those present, authorization was given to forward to the Department of Transportation the Ford, Cauthen & Robuck bill in the amount of $9,364.13 RE: Civil Action 75-1368, Division of Administration, State of Florida, Department of Transportation, and Lake County VS Chester C. Fosgate. Commr. Burhans was out for the vote.
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously by those present, approval was given on a $2,071.29 final payment to Square G. Construction for Project # 229, Lake Mack Road. Commr. Burhans was out for the vote.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously by those present, signature authorization on the Subgrantee Request for $7,263.00 in Helpline funds was approved. Commr. Burhans was out for the vote.
On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the Certificate of the Canvassing Board as submitted by the Supervisor of Elections’ office.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the following changes were approved to the Indigent List:
CANCEL Mrs. Lucille Cyrus – District # 1 – for Kenneth Doyle $55.00
CANCEL Marietta Motel – District # 1 – for Delores Albritton $55.00
ADD John Baker – District # 2 – for Lawrence Christian $45.00
On a motion by Commr. Middleton, seconded by Commr. Windram and carried unanimously, the Board approved payment of the following vouchers:
General Revenue……………………………………….. 473-641
Fine & Forfeiture……………………………………….. 46-70
County Transportation………………………………….. 117-164
Fish Conservation……………………………………….. 1-2
Northeast Hospital……………………………………….. 2
Title II Anti-Recession…………………………………... 5-8
Youth Volunteer…………………………………………. 1
CETA Title I……………………………………………... 41-60
CETA Title II……………………………………………. 47-64
CETA Title III…………………………………………… 12-16
CETA Title VI…………………………………………… 36-52
CETA Title IV Projects…………………………………. 35-54
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board accepted a check in the amount of $1,668.40 from the Lake County Chamber of Commerce for rental received from the Expo. Building. (Good Sam Club - $993.44; Golden Gem - $674.96)
accounts allowed/pollution control department
Mr. Ted Wicks, Acting Director of Pollution Control, appeared before the Board regarding his department initiating an air quality monitoring system in the county. Mr. Wicks stated he felt by retaining one employee he would be able to start the program on a limited basis, so that next year, when the Environmental Protection Agency awards federal grants, Lake County would have an operable program and be better able to monitor air quality testing.
Discussion was held regarding the training of this employee, equipment requirements, as well as exactly what the Department would be measuring. It was Mr. Wicks’ feeling that Lake County would in all probability fall into the same regional area as Orlando, which recently failed to meet federal Environmental Protection Agency air quality standards. Mr. Wicks stated by initially gathering particulate analyses data, we would be able to go to a hydrocarbon analyses, hopefully under a federally-funded program, which would aid in avoiding future air quality problems by directly controlling traffic patterns.
accounts allowed/travel/pollution control
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, travel authorization was given for David Rosenau, Pollution Control Department, to travel, via private automobile, to Charleston, West Virginia, December 11 – December 15, 1978, to the Air Pollution Training Institute for a 100 percent federally-funded training session. The County will be paying Mr. Rosenau’s travel and per diem expenses, anticipated at $400.00.
accounts allowed/machinery & equipment/pollution control
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, authorization was given for the Pollution Control Department to purchase two air quality monitoring machines at a cost of $500.00 each.
recess and reassembly
At 12:00 Noon the Chairman announced the Board would adjourn for lunch at Turner’s Restaurant. The Board reconvened at 2:00 P.M.
HEARING ZV-78-114 – Mrs. Bessie E. Brautcheck
This case was postponed from last month to enable Mr. Willett to go onto the property and inspect the vehicles in question.
Mr. Gunnard C. Brautcheck was present and discussed the zoning violation ordinances with the Board. Under discussion it was discovered that Mr. Brautcheck had not permitted Mr. Willett to inspect the vehicles in question, for reasons he had outlined in last months meeting – fear of disease getting into his cattle. Commr. Windram discussed our ordinances with Mr. Brautcheck and suggested that possibly Mr. Brautcheck could have “driven” Mr. Willett close enough to the vehicles in question to inspect them, since obviously his vehicles enter the pastures. Mr. Brautcheck stated he would have had no objection to that, had it occurred to him. Discussion continued in which Mr. Brautcheck told Commr. Windram he would take care of the vehicles which should not be on his property.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, this case was dismissed, based on the assurances of Mr. Brautcheck that the violation will in fact be cleaned up in thirty days.
HEARING ZV-78-121 – Mr. Harold Illing
Mr. Steve Richey, an attorney representing Mr. Illing, was present and assured the Board his client had every intention of moving the fence and clearing the violation, but that he needed some additional time to have a survey made.
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, based on Mr. Richey’s assurance the fence would be moved within thirty days, this case was dismissed.
HEARING ZV-78-120 – Mr. James Wallace
No one present had any comments for the Board regarding this Hearing.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, Mr. Wallace was found in violation and granted thirty (30) days in which to comply with Ordinance 70-1.
HEARING ZV-78-123 – Mr. Bill Seibert
Mr. Bill Seibert was present to discuss the lack of a fence around his swimming pool with the Board. Discussion occurred in which Mr. Seibert stated he was not aware he needed a fence but was willing to comply with the county ordinance.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, Mr. Seibert was declared in violation of Ordinance 71-6 and granted thirty (30) days to comply.
HEARING ZV-78-127 – Mr. Ronald Hartman
No one present had any comments for the Board regarding this Hearing.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, Mr. Hartman was declared in violation and granted thirty (30) days in which to comply with Ordinance 70-1.
HEARING ZV-78-131 – Mr. Jackson Morgan
Mr. Richard Langley, attorney representing Mr. Morgan, was present to discuss this violation with the Board. Discussion occurred in which Mr. Langley pointed out that the second mobile home on the lot was used very infrequently by his clients who were a husband-wife long distance trucking team. It was pointed out to Mr. Langley that in spite of infrequent use, one mobile home was all that was permitted on the lot in question.
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, Mr. Morgan was declared in violation and given sixty (60) days to remove the mobile home or come into compliance.
At the conclusion of the above hearing, Mr. Langley asked that consideration be given to the feasibility of holding traffic court in the south section of the county. Mr. Watkins stated he felt Judge Booth might be favorable to the idea and he would investigate it again.
HEARING ZV-78-132 – Mr. Thomas Harrison
Mr. Thomas Harrison was present to discuss his home with the Board. Discussion occurred.
Commr. Burhans moved this case be postponed sixty (60) days in an attempt to try to work out a solution.
Lengthy discussion continued in which Mr. Harrison pointed out that after his F.T.U finals next week, he would be on semester break and had hoped to wall two sides of the mobile homes.
At this time Commr. Burhans changed his earlier motion for postponement from sixty (60) days to one week, to allow the Planning Director and County Attorney time to visit Mr Harrison’s home and check certain building permits and codes. This case was postponed to December 2, 1978, time to be decided upon by Mr. Willett and Mr. Harrison. This motion was seconded by Commr. Middleton and carried unanimously.
planning and zoning
At this time a Mrs. Margaret Davenport, Lot 10, Hobby Hill Subdivision, appeared before the Board requesting they adopt a law which would control the positioning of mobile homes in subdivisions. Mrs. Davenport says she is unable to sell her home because of the “eye sore” next to her, an oddly positioned mobile home. Mrs. Davenport also questioned several permits which had been issued to the mobile home.
Mrs. Casburn, Code Enforcement Officer, informed Mrs. Davenport that the mobile home in question had been cited for a violation and they had obtained a permit to enlarge their home and come into compliance.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, a check in the amount of $33.53 was accepted as surplus from the campaign account of Elsie Zellman. The Board requested it be established this check should, in fact, come to the county.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Certificates of Error and Correction on the 1978 Tax Roll numbered 5-19976 through 5-20100 were approved. (It was requested the Property Appraiser show the taxpayers name on Certificate 19-412003.)
Mr. Ford briefed the Board on the Green Swamp situation. He stated that his office along with the County Planning Department and Pollution Departments had attended meetings at the request of the Legislative Delegates.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board ratified the Attorney, Planning Director, and Pollution Control Director’s attendance at the Friday evening Green Swamp meeting, along with approving travel, if requested by the Legislators, for the Planning Director and Attorney to travel to Tallahassee for meetings.
Discussion was held requesting “spur-of-the-moment” travel which is sometimes necessary by CETA personnel.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, approval was given for “spur-of-the-moment” travel by CETA personnel to be cleared with the Liason Commissioner prior to departure when time does not permit ratification by the entire Board.
There being no additional business to be brought to the attention of the Board, adjournment was at 3:50 P.M.
James R. Carson, Jr., Chairman
James C. Watkins, Clerk