MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
TUESDAY – april 11, 1972
A regular meeting of the Board of County Commissioners of Lake County, Florida was held Tuesday, April 11, 1972, in the Commissioners’ Room, Courthouse, Tavares, Florida, 9:00 a.m. with the following members present: Thomas J. Windram, Chairman; James R. Carson, Jr., C. A. Deems, J. M. Hoskinson and Kenneth VanAuken. Also present were County Attorney Christopher C. Ford, County Engineer Fred M. Harpster, County Planning Director James C. Watkins, Clerk of the Circuit Court Frank E. Owens, and Deputy Clerk Norma H. Coven.
The meeting was called to order by the Chairman, the invocation was given by Commr. Hoskinson, and the Pledge of Allegiance was recited.
On a motion by Commr. VanAuken, seconded by Commr. Deems and carried, the minutes of the meeting of Feb. 15, 1972 were approved as amended.
Commr. VanAuken reported he has received several inquiries regarding the establishment of fire districts. The Fire Chiefs in the cities are interested in this and want to see it accomplished.
Commr. VanAuken also said he has received inquiries concerning the operation of the low cost bus system and have assured them the County does not participate in the operation in any way.
Chairman Windram presented a letter from Congressmen Lou Frey and Bill Chappell indicating there will be a meeting of the Oklawaha River Basin Improvement Council in Eustis on April 21, 1972 at 2:30 p.m., and hopefully the agreement will be signed at this meeting. The Chairman instructed Mr. Watkins to contact the cities for their reaction to the agreement. It is the Board’s concern that the local funding will be the responsibility of the county governments involved, and the counties are far outnumbered by other agencies. Funds will be assessed on the number of square miles in the Basin, but the voting will not be on this basis. Mr. Windram said he will discuss this further with Congressman Frey’s office today.
It now being the time advertised to consider an Ordinance for the regulation and control of refuse collection and disposal. Wallace DeDier, Tavares City Administrator, was present and said a problem may arise in the City where a private concern and the City serve a mobile home park. A discussion followed, and amendments to the Ordinance were made on recommendation of the Attorney. On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried, the ordinance, which has been duly advertised with proof of publication on file, as amended was placed on its first reading by title, said title being:
REFUSE AND GARBAGE DISPOSAL ORDINANCE
A bill to be entitled an ordinance relating to the regulation and control of the accumulation, burning, collection, disposal and transportation of garbage in Lake County in all areas not within the boundaries of any municipality; providing for definitions; providing for franchises and their renewal; providing for the terms and conditions of such franchises, and the method of operation of said franchises; providing for the suspension or relinquishment of franchises; providing the equipment requirement for franchises; providing the method of operations of the franchises; providing for franchise fees; requiring franchises for the collection, hauling, or transportation of refuse for hire, permitting the County to provide a disposal site; providing for landfill fees; providing for agreements between municipalities and/or certain industries, and the County for landfill use fees; providing for customer responsibilities; declaring the violation of the ordinance a misdemeanor and authorizing the Board of County Commissioners by suit to enjoin the violation of the ordinance; providing the Board of County Commissioners with regulatory powers; providing that the ordinance shall be liberally construed; providing the severability clause; and providing an effective date.
On a motion by Commr. Carson, seconded by Commr. Deems, the Ordinance was approved as amended and will be further considered on a second reading on May 2, 1972. The motion carried.
It now being the time advertised to receive bids for road resurfacing, the Chairman directed the Clerk to open and tabulate the bids; whereupon, Clerk Owens reported receiving bids from the following:
Basic Asphalt & Construction Corp.
Carroll Contracting Co., Inc.
Marion Construction Co.
The bids were referred to the County Engineer for study and recommendation, on the motion by Commr. Hoskinson, seconded by Commr. Deems and carried.
The only change to the present indigent list was the change of Nonnie Mae Price from District #2 to District #3.
Verna Eastwood, Welfare Director, presented a notice from the Orange County Tumor Clinic that no Lake County patient will be admitted unless written authorization is given that the County will approve the hospitalization. Also, a notice that the Clinic will be closed June 30, 1972. Mrs. Eastwood recommended that Dr. Hall be notified to send the tumor patients to Gainesville after June 30, 1972.
Louis George, Chairman of the Board of Examiners and Robert F. Oatman appeared and made a recommendation to the Board that the National Electrical Code of 1971 be adopted effective May 1 1972 with two revisions. On a motion by Commr. Carson, seconded by Commr. Deems and carried, a resolution adopting the National Electrical Code of 1971, effective May 1, 1972, with the following two revisions was approved:
1. The main disconnect shall be located outside at the meter.
2. All service and panels under 250 amps shall be controlled by breakers only.
youth services project
Chairman Windram commented on the report on the Youth Services Project that there are many duplications in the report due to the number of state, federal, and county agencies working on the report. Mr. Watkins said the local office is in the process of working on the duplications.
boundaries – precincts
On the recommendation of Commr. Hoskinson, the Attorney was instructed to research the statutory requirements concerning the reapportionment providing that precinct lines must conform to all district lines and that no precinct shall lie partially within and partially without a municipality.
roads – county
Commr. Hoskinson initiated a discussion relative to an applicant for a Conditional Use Permit for a sand mining operation north of SR 474. They will need an entrance road into the operation that will withstand the hauls made by the sand trucks. The applicants will furnish the right of way if the County will participate in the cost of the construction. On the recommendation of the County Engineer that this is presently a County-maintained prescriptive road and that the road be built to County specifications by a private contractor, the County will participate in the construction costs to a certain amount. Mr. Watkins was instructed to make the owners and applicants aware of the County’s feelings in this matter.
Commr. Carson reported he referred an inquiry from an Orlando insurance agent regarding bidding on County coverage to the Clerk’s Office, who advised him the requirements are that the Agent of Record must be a resident of and licensed in Lake County. He still maintains he meets the requirements. Attorney Ford said this has been County policy for a number of years, and the facts as outlined in his letter do not qualify him to meet the requirements.
On the recommendation of Commr. Deems, the Engineer was instructed to notify the Coca Cola Co. to redraft the right of way deed on Sugar Loaf Mountain Road removing the provision that Lake County will blacktop the road immediately.
Chairman Windram submitted a letter from the Chairman of the Board of Visitors advising that the discrepancies in the report by the Division of Youth Services have been corrected. The Health Certificate issued by the Division of Youth Services was filed with the Fire Marshal certificate and Dietitian report to follow.
ambulances – civil defense
Mr. Watkins was instructed to investigate the possibility of acquiring a helicopter for ambulance service under federal funding.
Chairman Windram announced there will be three public meetings to discuss the regulation of commercial fishing in the St. Johns River, which were on April 17 in Deland, on April 18 in Palatka, and on April 19 in Eustis.
Chairman Windram said he has a request from the Director of the Mental Health Center for office space and utilities in a County building in Tavares. He will notify him this will be considered during the budget hearings for next year.
road and bridge department
The Chairman informed the Board that a property owner on Burrell Road while clearing his land removed a corrugated metal pipe to a catch basin, and the Engineer has recommended that the County replace the pipe since it was rusted and that the owner pay the cost of the installation. Mr. Carson said the individual caused the problem, and he should be responsible for replacing the pipe. On a motion by Commr. Deems, seconded by Commr. VanAuken and carried, the Engineer was instructed to replace and install the pipe and to bill the owner for the cost of the pipe.
recess and reassembly
The meeting recessed for lunch at 12:00 noon and reconvened at 1:30 p.m. to take up the remaining items of business.
roads – state
The Clerk submitted a Memorandum of Agreement with the Department of Transportation for the construction of SR 25 from Middlesex Avenue to Sunshine Avenue in Leesburg and intersection improvements at SR 500 with the cost of same to be paid from Lake County’s secondary funds in the amount of $1,500,000 and to be repaid by the Department of Transportation in three equal yearly payments beginning in July 1973. On a motion by Commr. Carson, seconded by Commr. Deems and carried, the agreement was approved, and the Chairman and Clerk authorized to execute the same.
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried, the Engineer was instructed to request the Department of Transportation to make a study of SR 40 from the St. Johns River westerly 3 or 4 miles and recommend a reduction in the speed limit.
roads – county
On the recommendation of the County Engineer and on a motion by Commr. Carson, seconded by Commr. Deems and carried, a resolution was adopted establishing a maximum speed limit on the following County roads and canal (and appropriate signs erected):
County Road #5-5942 in Grandview Heights 45 mph
County Road #5-6960 in Dona Vista 25 mph
County Road Holiday Haven Canal 5 mph
On the recommendation of the County Engineer, a check was accepted for $30 from Edward P. Senac, reimbursement for granting an extension of County-maintained road #3-0840.
On a motion by Commr. Carson, seconded by Commr. VanAuken and carried, the Engineer was authorized to notify the proper parties that the County will grant the necessary right of way across County property southerly from SR 500 to the Warren property subject to the road being built to County standards and that construction will be completed within one year.
Commr. VanAuken requested a recommendation from the Engineer for a maximum speed limit on CR #5-8589, Lake Mack Road, due to a serious accident at the intersection of SR 42.
On a motion by Commr. VanAuken, seconded by Commr. Hoskinson and carried, the following inventory items were transferred from the Commodity Warehouse to the Engineering Dept.:
Property #3004 Manual Typewriter
#3011, 4026 Fire Extinguishers
#563, 796, 797 Filing Cabinets (Steel)
#2903 Hand Truck, Bulletin Board
Notice from Jackson Memorial Hospital that effective March 9, 1972, the per diem rate for Medicaid inpatient care is $99.74 was read and filed.
Discharge Notifications from the W. T. Edwards Tuberculosis Hospital were filed as follows:
John H. Gilyard was discharged with medical advice on Jan. 13, 1972.
Rollin F. Byrd was discharged with medical advice on Jan. 15, 1972.
Eva P. Poole was discharged with medical advice on Jan. 15, 1972.
Willie Campbell expired Feb. 25, 1972.
Herbert Fields was discharged with medical advice on Mar. 4, 1972.
Louise R. Sheddan was discharged with medical advice on Mar. 22, 1972.
E. Mitchell was discharged with medical advice on March 23, 1972.
Elmer C. Hale was discharged against medical advice on March 26, 1972.
Lee N. Torrence expired April 12, 1972.
J. Wayland Divine expired April 16, 1972.
bonds – misc.
Contractors’ bonds for Certificates of Competency were approved for the following on a motion by Commr. Deems, seconded by Commr. VanAuken and carried:
No. 53 – Renewal – Santy Williams dba Santy Williams Roofing Contractor
480 – Renewal – David R. Campbield dba Leesburg Signs
807 – New – Thomas Kelly, III (Painting & Dry Wall)
808 – New – Jerry T. Ashcraft dba Ashcraft Masonry
809 – New – Robert A. Huggins (General)
Mr. Harpster informed the Board that the price established for the Clermont Landfill of 40 cents per cu. yd. has been passed on to the collectors in the area.
On the recommendation of the County Engineer and on a motion by Commr. Deems, seconded by Commr. Hoskinson and carried, the Board accepted the bid of Macsphalt Corp. as the lowest and best bid to resurface County roads according to specifications in the total sum of $524,595.50.
On a motion by Commr. Carson, seconded by Commr. VanAuken and carried, the Engineer was authorized to advertise bids for a dragline and bucket for the landfill operation. Bids to be received May 16.
Mr. Harpster presented an opinion of the value of L. M. “Stew” Prince on the frame dwelling located on County property in Umatilla, said opinion being that $100 - $150 would be a fair price to get the house removed from the property. Bids for the sale of the house and the removal of same were approved.
Mr. Edwards and Mr. Harpster were authorized to work up the requirements needed to correct effluent from the Courthouse disposal plant to comply with the law.
On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board approved the employment of an Assistant Superintendent and Assistant Matron at the Juvenile Shelter at an annual salary of $7,100.00 to be paid from EEA funds.
Mr. Harpster was instructed to contact the employees working under the Surplus Commodity Program that are being phased out and attempt to place them in other areas of county government.
On a motion by Commr. Deems, seconded by Commr. Carson and carried, annual leave and compensatory time for Julia Schaal was approved from April 10 to April 28, and leave without pay until June 12 was approved.
On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried, annual leave was approved for Polly Jane Merrick from June 5 through June 12, and the request for an additional nine days without pay was left to the discretion of the Planning Director.
The Engineer was authorized to employ temporary help in his office at $2.50 per hour while his secretary is on sick leave.
A letter from Attorney Ben F. DuBois, Apopka, relative to regulations for commercial fishing in Lake County lakes was presented, and the Clerk was instructed to inform him that Lake County has no ordinance or regulations pertaining to commercial fishing and that the rules and regulations are implemented and enforced by the Florida Game & Fresh Water Fish Commission.
Notice from the U.S. Coast Guard of an application from Colonial Penn Communities, Inc. for approval of plans to construct a fixed bridge over the Palatlakaha River .7 miles south of Lake Harris was referred to the Planning Director on a motion by Commr. Deems, seconded by Commr. VanAuken and carried. Commrs. Carson and Hoskinson abstained from any discussion or voting on the issue.
On a motion by Commr. Deems, seconded by Commr. VanAuken and carried, the low proposal from Taveirne Draperies to furnish draperies for the Finance Dept. for $343.50 was accepted, plus the purchase of new rods for $48.00.
On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Clerk was directed to notify all County departments or offices receiving bills to be paid by the Board that in the future all bills must be in the Finance Office by 12:00 noon on Friday prior to the second Tuesday in each month.
Travel was approved for Tom Chapman to attend the State Service Officer’s School and Conference in Daytona Beach on April 28-30 and E. F. Bollenburg to attend April 28-May 6 on a motion by Commr. Hoskinson, seconded by Commr. VanAuken and carried.
On a motion by Commr. Deems, seconded by Commr. Carson and carried, travel was approved for P. R. Edwards to attend a seminar in Miami, April 17 and 18.
On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board approved the purchase of drafting equipment for the Planning Department from Simons Office Equipment, Inc. for $125.
Travel was approved for Cooke Gravlee to attend the Division of Youth Services Annual Conference in Boca Raton, April 12-15, on a motion by Commr. Deems, seconded by Commr. Hoskinson and carried.
Request from the Clerk of Circuit Court for a $3,000 advance to pay State Trial Witnesses at Spring Term of Court was approved on a motion by Commr. VanAuken, seconded by Commr. Carson and carried.
Request for advance on the commissions 1972 Tax Roll from the Tax Assessor in the amount of $25,000 was approved on a motion by Commr. Deems, seconded by Commr. VanAuken and carried.
Request from the Lake County Chamber of Commerce for $2,083.33 for April expenses was approved on a motion by Commr. Carson, seconded by Commr. VanAuken and carried.
On a motion by Commr. Carson, seconded by Commr. VanAuken and carried, the Board approved payment to the Game & Fresh Water Fish Commission of $6,580.84 for Lake County’s share of the seining program.
On a motion by Commr. Carson, seconded by Commr. VanAuken and carried, the Board approved payment to Grant Smallwood of $2,980, less 10 percent retainage for painting the interior of the nursing home.
On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board approved the purchase of an asphalt/concrete saw for the Road & Bridge Dept. in the sum of $369 plus $15 freight.
On the recommendation of the Engineer and on a motion by Commr. VanAuken, seconded by Commr. Carson and carried, the Board approved the purchase of 100 decals from the 3M Company at $4.61 each, to be used on all County equipment.
Travel was approved for Fred M. Harpster to attend the Florida Engineering Society Annual Conference in Freeport, Grand Bahama Islands, May 18-21 on a motion by Commr. Carson, seconded by Commr. Hoskinson and carried.
Travel was approved for J. C. Watkins to attend the Flood Control Seminar in Orlando, April 27, on a motion by Commr. Hoskinson, seconded by Commr. Carson and carried.
On a motion by Commr. Carson, seconded by Commr. Deems and carried, the following vouchers were approved for payment:
GENERAL REVENUE FUND No.s 1166-1418
Mosquito Control – State I 1
Motor Vehicle Inspection 117-140
Fine & Forfeiture 161-202
Youth Services Bureau 51-52
Road & Bridge 446-537
Construction Trust 7
Fish Conservation 3
Northeast – Ambulance 9
Northwest – Ambulance 9
funds – transfer
On a motion by Commr. Carson, seconded by Commr. Deems and carried, the following transfers were approved:
General Revenue Fund - $1,250.00 from Acct. #55932.07 and $1,500.00 from Acct. #55933.02 to Acct. #55933.07 to pay for patients at Orange County Tumor Clinic through June 30, 1972.
General Revenue Fund - $75 from Acct. #82282 to Acct. #82182 for Courthouse Equipment.
There being no further business to bring before the Board, the meeting was adjourned at 3:40 p.m.