A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS

TUESDAY – AUGUST 10, 1971

The Board of County Commissioners convened in regular session in the Commissioners’ Room, in the Courthouse, Tavares, Florida, on Tuesday, August 10, 1971, at 9:00 o’clock in the forenoon, with the following members present: J. M. Hoskinson, Chairman; James R. Carson, Jr.; C. A. Deems; Thomas J. Windram and Kenneth VanAuken. Others present were Clerk of the Court, Frank E. Owens; Deputy Clerk, Bernice P. Conner; County Attorney, Christopher C. Ford.

The meeting was called to order by the Chairman, and the invocation was delivered by Commr. Carson, after which the Pledge of Allegiance to the Flag was given.

minutes

On motion of Commr. Carson seconded by Commr. VanAuken and carried, the Minutes of the meetings held on April 19, 1971 and April 23, 1971 were approved as read.

bonds

Attorney Ford brought to the attention of the Board an apparent misunderstanding with the First State Bank & Trust Company of Eustis, as to deposits and investments of racetrack funds. Attorney Ford was instructed to arrange a meeting with some of the Bank Officers for the purpose of discussing the matter. Later in the day, Attorney Ford informed the Board that he had made arrangements with the Bank Officers to meet with the Board on September 7th at 11:00 A.M., the first meeting of the Board in September, to discuss the Paying Agent Contract and the method of investment of the racetrack funds.

inventory

With reference to the Clerk’s request to dispose of NCR #117, the Board instructed the Clerk to check with the National Cash Register Company to ascertain if the NCR #117 had any value whatsoever.

On motion made by Commr. Windram seconded by Commr. VanAuken and carried County Property No. 4576, a Briggs Stratton Engine, was declare surplus and ordered disposed of to junk and for use for spare parts.

On motion of Commr. Windram seconded by Commr. Carson and carried County Property No. 3643, a desk clock, was declared surplus and ordered disposed of to junk.

On motion of Commr. Windram seconded by Commr. Carson and carried, the Board authorized the transfer of County Property No. 2014, a Thermo fax, from the Office of the Supervisor of Elections to the Pioneer Building.

water authority board

At the suggestion of Commr. Carson, the Clerk was directed to write a letter to J. F. “Bill” Herlong, Jr., Chairman of the Oklawaha Water Authority Board, thanking said Board for their cooperation and assistance in the operating of the locks and dams and the altering of the water levels in Burrell’s Lock; also the correcting of the situation with reference to the back flow of water in Dead River.

meetings

The Lake County Planning and Zoning Comm. Has requested a joint meeting with the Board of County Commissioners, regarding the new Zoning Regulations. This meeting has been set for the fourth Tuesday of this month, August 24^th, at 10:00 A.M.

On motion by Commr. Windram seconded by Commr. VanAuken and carried, the regular meeting of September 14^th was cancelled and a meeting for September 10^th was set for 9:00 A.M. for the purpose of paying bills only. Commr. Carson and Commr. Deems opposed the Motion.

voting machines

At the request of the Student Government Association of the Lake-Sumter Community College and on motion of Commr. Windram seconded by Commr. Carson and carried, the Board granted permission for the use of two voting machines for their Student Government Elections on September 10, 12 and 13, subject to approval of the Supervisor of Elections and subject to their paying the transportation charges.

bids

It now being the time advertised to receive Bids on the sale of Surplus Mosquito Control Equipment, the Chairman directed the Clerk to open and tabulate the Bids. Whereupon, Clerk Owens reported receiving the following Bids:

Bid from Wendell R. Mohr for County Property #2191, International Crawler Tractor, for $817.00.

Bid from Wendell R. Mohr, for County Property #3841, for a 1958 Chevrolet Dump Truck, for $150.00.

Bid from D. W. Campbell, for County Property #2110, a 1951 Willys Jeep for $136.00. Alternate Bid on County Property #2108, a 1950 Willys Jeep for $136.00.

Bid from J. R. Grant of Grant’s Crawler Parts & Service Inc. for County Property #2191, a TD9 International Crawler Tractor, for $400.00; County Property #3863, a 1959 Oliver Dozer, for $75.00; County Property #3823, a John Deere Dozer, for $100.00.

Also there was a bid from J. R. Grant on a Two Wheeled Trailer for $75.00. This is County Property but was not on the advertised list in the Notice to Bidders.

On motion by Commr. Carson seconded by Commr. Windram and carried, the matter of the Bids was referred to the County Engineer and Commr. Deems and they were authorized to negotiate the sale of any of the items on the list.

road closings

It now being the time advertised for a Public Hearing to consider a Petition to close and vacate the following portion of Otter Road, as shown on the Plat of Astor Forest Campsites (Unrecorded):

For a Point of Reference, commence at the Southwest corner of Section 2 according to the plat of “MANHATTAN” as recorded in the public records of Lake County, Florida, in Plat Book 2, at page 2. Proceed thence S. 89°29’34” E. on the South boundary of said Section 2, a distance of 5,280.30 feet to the Southeast corner thereof; thence North, a distance of 5,953.49 feet; thence East, a distance of 2,176.23 feet to a point on the Easterly right-of-way line of Pecan Road and to the POINT OF BEGINNING. From the POINT OF BEGINNING THUS DESCRIBED, A PROCEED THENCE North a distance of 50.00 feet; thence East a distance of 116.89 feet to the edge of a 50 feet wide canal; thence South along said canal a distance of 50.00 feet; thence departing from said canal West a distance of 116.89 feet to the POINT OF BEGINNING. All lying and being situate in Section 24, Township 15 South, Range 27 East, Lake County, Florida.

On motion by Commr. Carson seconded by Commr. VanAuken and carried, the request for closing said portion of road was denied for the following reasons: (1) The County has not received a Deed to the road; (2) There is no public dedication to rights of way on the road; and (3) There is no recorded Plat; therefore, the County would have no interest.

county judge – juvenile division

On motion by Commr. Carson seconded by Commr. Deems and carried a Resolution endorsing application for Modified Youth Service Complex for Lake County was approved and adopted and the Clerk directed to send copies of same to Judge Milton.

county employees

Judge Milton brought to the attention of the Board that the Assistant Juvenile Counselor, Louise R. Shay, had submitted her resignation effective August 31, 1971 and requested an interim appointment of an Assistant Counselor for September 1^st to assume the duties of Counselor on October 1^st.

On motion by Commr. Carson seconded by Commr. Windram and carried, the Board adopted a Resolution commending Mrs. Shay for her many years of service.

On motion by Commr. Deems, seconded by Commr. VanAuken and carried, the Board approved the employment of a replacement for Mrs. Shay to assume duties as soon as possible and to become a permanent employee of the Juvenile Court.

merit board

Chairman Hoskinson appointed Commr. Deems to serve as a Member of the Merit Board.

budget

It now being the time advertised for a Public Hearing on the Budget for the fiscal year beginning October 1, 1971, and ending September 30, 1972 and no one having appeared to object to said Budget, on motion by Commr. Windram seconded by Comr. Deems and carried, the Board approved and adopted the tentative Budget as advertised.

pollution control

At this time Phil Edwards, Pollution Control Officer and Joe Hill, Chairman of the Pollution Control Dept., appeared before the Board to request that it take action regarding a pileup of hyacinths at the Beauclaire Canal Lock leading from Lake Apopka to keep Orange County from opening the Locks and Spillway and letting the hyacinths drift into the lakes of Lake County. Mr. Edwards stated that Orange County had sprayed the hyacinths and they were dead and dying and that if they were allowed to sink, they could create a substantial source of nutrient pollution both in the Canal and further downstream as they were pushed to Lake Dora and Lake Beauclaire by future discharges.

On motion by Commr. Windram seconded by Commr. VanAuken and carried, Attorney Ford was authorized and directed to seek voluntary cooperation by State Agencies with Lake County on this problem, and in the event such cooperation could not be secured, he was instructed to file legal proceedings to prevent the opening of the Locks and Spillway, thereby letting the pollution drift into the Lake County lakes.

oeo

On motion by Commr. Carson, seconded by Commr. Windram and carried, the Chairman of the Board was authorized and directed to sign Application for the Headstart Program.

On motion by Commr. Carson seconded by Commr. Deems and carried, the Chairman of the Board was authorized and directed to sign the Day Care Continuing Contract with the OEO.

recess and reassembly

The meeting recessed at 12:15 P.M. and reconvened at 1:30 P.M. to take up the remaining items of business.

building dept.

Bob Oatman appeared before the Board with reference to the Building Codes of Lake County. On motion by Commr. Carson seconded by Commr. VanAuken and carried, the Board, since the result of the poll of the Board of Examiners showed all Ayes with reference to the Southern Standard Building Code 1969 Edition with its amendment and the Southern Standard Plumbing Code 1967 Edition with amendments, approved and adopted it as the Building Code of Lake County to take effect October 1, 1971.

laws & legislature

On motion by Commr. Carson seconded by Commr. Deems and carried, a Resolution notifying the Dept. of Administration that the Board strenuously objects to the Dept. of Administration diverting some $16,652,571.00 of funds, which were intended by the Legislature of the State of Florida for the Cities and Counties of the State of Florida, was adopted and the Clerk directed to send copies of said Resolution to Representative Vernon C. Holloway and to all of the local Legislators.

contracts

On motion by Commr. VanAuken seconded by Commr. Deems and carried, the Board approved and accepted a nine month Contract with the Department of Transportation, as amended by Attorney Ford, with reference to the maintenance of secondary roads by the DOT, as recommended by the County Attorney; and authorized and directed the Chairman and Clerk of the Board to execute same.

ordinances

On motion by Commr. Windram seconded by Commr. VanAuken and carried, Ordinance 1971-5 was placed on first reading by title only, same being:

AN ORDINANCE TO BE ENTITLED AN ORDINANCE RELATING TO MUSICAL OR ENTERTAINMENT FESTIVALS; PROVIDING FOR DEFINITIONS; REQUIRING OCCUPATIONAL LICENSES; REQUIRING THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY TO ISSUE SPECIAL ENTERTAINMENT PERMITS AS A CONDITION PRECEDENT TO ISSUANCE OF OCCUPATIONAL LICENSES; SETTING MINIMUM STANDARDS AND CONDITIONS FOR THE ISSUANCE OF THE PERMITS; SETTING FEES; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY OF PROVISIONS; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE.

On motion by Commr. Windram seconded by Commr. Deems and carried, the Board authorized and directed the Clerk to advertise a Public Hearing on said Ordinance to be held on September 21^st, at 11:00 o’clock in the forenoon.

roads – county

The Board referred to Commr. Deems and Mr. Harpster for study, Affidavits with reference to a road in Sec. 29, Tp. 22 S.R. 24 E.; which road has been used by the public for over twenty years.

A request from Apshawa Groves, Inc. for off the road loading facilities was referred to Chairman Hoskinson and Mr. Harpster for study.

bonds – misc.

On motion of Commr. Windram seconded by Commr. Carson and carried, Bonds for contractors for Certificates of Competency were approved for the following:

#554 - Willie J. Adams

#613 - Everett W. Poling, dba Poling’s Electrical Service

#614 - Dominic Pupello, dba Pupello’s

#615 - Joe Taylor, dba Skyline Mobile Homes, Inc.

#616 - Don Andrews (Mechanical)

#616 - Don Andrews (Electrical)

#617 - Joseph T. Huett, Jr., dba Huett Paving Company

#618 - Glenn Morton

#619 - L. T. Brennand, Jr., dba L. T. Brennard, Inc.

#620 - Howard E. LaPierre, dba LaPierre Alum. Co.

On motion of Commr. Carson seconded by Commr. VanAuken and carried, Bond was approved for the following: John L. Massey, Deputy Sheriff.

On motion of Commr. Windram seconded by Commr. VanAuken and carried, Bond for carrying firearms was approved for Robert L. Barth.

insurance

The Clerk read a letter from The Travelers Insurance Company in which it set forth its recommendations for Employee Safety in operations associated with the Mosquito Control and Maintenance Departments. The Board instructed the County Engineer to talk to Mrs. Babb of the Finance Department, with reference to the recommendation for buying safety shoes.

state agencies

The Clerk was instructed by the Board to notify Terrell Davis, County Forester, that the Board would appreciate his contacting Jim Watkins and Phil Edwards with reference to a training session on Tree Conservation and Landscaping in Suburban Development for Lake County Developers, City Park Dept., County Engineering Staff, Planning & Zoning Dept., and the Air and Water Pollution Control Dept.

compensation

The Board instructed Commr. VanAuken to check and report back at the next meeting on the fact that compensation in conjunction with salary is to be paid to Robert S. Alderman, Commodity Warehouse Supervisor, for 52 weeks.

permits

The following Use Permits filed by the County Engineer, were approved on Motion by Commr. Deems seconded by Commr. Carson and carried:

No. 297, to Florida Telephone Corp. for the construction and maintenance of buried cable paralleling and crossing a portion of County Road #2-1412 in Groveland, Florida.

Road No. 5059, between Tavares and Eustis, 8” Sanitary sewer

No. 283, Florida Telephone Corp., Road #5437, for the construction and maintenance of buried cable along with subgrade crossings under the road between Tavares and Lisbon.

florida public service commission

The following Orders were filed:

A. Order denying Application of Seaboard Coast Line Railroad Co. for authority to dualize its station agencies at Mt. Dora and Tavares.

B. Order instituting investigation of the service rendered and equipment and facilities supplied by Florida Telephone Corporation.

reports

The following Reports were filed:

a) Cigarette Tax Collection and Distributions for May

b) Veterans Service Officer for July

c) MVI Report for July

d) Audit Report of City of Leesburg Ambulance Service as of May 31, 1971

e) Mileage report of Robert S. Alderman, Commodity Warehouse Supervisor

f) Mileage report of Louise R. Shay, Pat R. Kicklighter & W. T. Mills, Juvenile Counselors, for the month of May 1971

g) Road construction report of County Engineer for the period of July 1, 1971 to July 30, 1971

h) Lake County Welfare Report for the month of July 1971

indigents

There were no changes to the present indigent list.

communications

Letter from Fred M. Harpster, County Engineer, attaching Road Construction Crew work schedule for the month of August.

Letter from H. P. Boggs, District Traffic Operations Engineer of the DOT, giving an analysis of the requested survey at Intersection of SR 500-A and Golden Triangle Shopping Center in Mount Dora.

Copy of letter from Southwest Florida Water Management District, approving the design and construction of a deflection vane in Dead River between Lakes Harris and Eustis in accordance with recommendation of U.S. Geological Survey. Referred to Pollution Control Officer.

Copy of letter from Dr. J. Basil Hall, with copy of Resolution, regarding the flow of hyacinths from Lake Apopka into the lakes of Lake County.

Letter from the Department of Natural Resources with reference to a Cooperative Agreement with the U.S. Geological Survey.

Letter from the Department of Health & Rehabilitative Services regarding the reorganization of the Division of Family Services.

Copy of letter from the Veterinary Public Health Section of the Dept. of Health & Rehabilitative Service with reference to the Immunization Program to vaccinate all horses statewide against Venezuelan Equine Encephalitis.

Copy of letter from the Lake County Conservation Council regarding the Railroad Ecology Program.

Letter from Harper Plumbing & Heating Co., Inc., recommending the engaging of the services of a consulting firm to redesign the Air Conditioning System in the Courthouse. Referred to the County Engineer.

accounts allowed

On motion by Commr. VanAuken seconded by Commr. Carson and carried, payment was authorized to Commr. Windram for a trip to Charlotte County for the purpose of investigating a landfill program.

On motion by Commr. Carson, seconded by Commr. VanAuken and carried, the Board approved the following:

Travel expenses for Lake County Boys to Junior Citrus Institute, 4-H Camp, Cloverleaf, August 23-27, Alice M. Blackburn Extension Home Economics Agent, in the amount of $25.00.

Travel expenses to 4-H Leadership Camp, Cloverleaf, August 9-12, Alice M. Blackburn, Extension Home Economics Agent, in the amount of $83.50.

Travel expenses for Samuel C. Mazzotta, Planning & Zoning Department, to Casselberry, July 1 and 2 and to DeLand on July 26^th, $22.10.

Travel expenses for Mary M. Hamner, Administrator, Nursing Home, to Clearwater, for Nursing Home Administrative Schooling, September 13-17, $100.10.

Payment to Lake County Chamber of Commerce, $2,083.33, August Allowance.

Payment to Game & Fresh Water Fish Comm. Of $3,623.36 for one-half total of 50 seine hauls as per Agreement dated April 1, 1971.

Travel expenses for Ted Wicks to Tampa for Air Pollution Short Course, August 10-12 in the amount of $75.00.

Replacement of compressor for the heating and air-conditioning system in the Lake County Agricultural Building was declared an emergency and payment to Evans Heating, Air Conditioning & refrigeration Co. in the amount of $1,192.49 was approved with the understanding that the County will be reimbursed by the Insurance Company under the claim.

Payment to Tax Collector of $14,586.49 (50% of Road & bridge tax collected on Real Estate & Personal property in corporate limits of municipalities).

With reference to the Compressor that was struck by lightning on July 13 and burned out, Clerk Owens reported that the Insurance Adjustor wanted the County to Assume 25% of the cost of replacing the Compressor. The Clerk was instructed to contact the Insurance Company and advise them that the County will not compromise on this matter and that the Insurance Company must pay everything the Policy calls for.

The County Engineer was authorized to secure prices for the purchase of an electric calculator.

On motion by Commr. VanAuken seconded by Commr. Windram and carried, travel expenses in the amount of $115.00 were authorized for Emogene Stegall, Chief Deputy Supervisor of Elections, to attend the Florida State Association of Supervisor of Elections Annual Convention at Crystal River August 11-14.

On motion of Commr. Deems seconded by Commr. Windram and carried, travel expenses in the amount of $150.00 were authorized to William T. Mills to attend the Semi-Annual Counselors Conference in Tallahassee, September 29-October 1^st.

On motion of Commr. Carson seconded by Commr. Deems and carried, the following vouchers were approved for payment:

General Revenue Fund	Nos. 2197 - 2419
Mosquito Control – State I State II	47 – 51 56 – 60
Motor Vehicle Inspection	206 – 226
Fine and Forfeiture Fund	245 - 273
Road and Bridge Fund	788 – 871
Fish Conservation	8
Certificates of Indebtedness, Sinking	1
Northeast Lake County Hospital – Ambulance	15
Northwest Lake County Hospital – Ambulance	15

There being no further business to bring before the Board, the meeting adjourned at 6:00 p.m.

_________________________________ _____________________________

CLERK chairman