MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS
TUESDAY – may 9, 1972
The Board of County Commissioners of Lake County, Florida, convened in regular session on Tuesday, May 9, 1972, at 9:00 a.m. in the County Commissioners’ Room, Courthouse, Tavares, Florida, with the following members present: Thomas J. Windram, Chairman; James R. Carson, Jr.; C. A. Deems; J. M. Hoskinson; and Kenneth VanAuken. Others present were: Christopher C. Ford, County Attorney; Fred M. Harpster, County Engineer; J. C. Watkins, Planning Director; Frank E. Owens, Clerk of the Circuit Court; and Norma H. Coven, Deputy Clerk.
The meeting was called to order by the Chairman, and the invocation was given by Commr. Carson and the Pledge of Allegiance to the Flag was recited.
appointments
Chairman Windram announced he is in receipt of a letter of acceptance from C. E. Duncan to serve on the Judiciary Advisory Board, and Dewey Burnsed has indicated his willingness to serve. Mr. Deems said Mr. Gorman has also indicated he will serve.
Chairman Windram filed letters from various municipalities giving the names of representatives to the Oklawaha River Basin Improvement Council, advising that one representative will be picked from the group to serve on the Council.
county planner
Mr. Watkins appeared before the Board and introduced his wife, and submitted written notice that he is resigning as Planning Director and will be a candidate for the Office of Clerk of the Circuit Court. The Chairman asked Mr. Watkins to remain on the job until his replacement can be found. Mr. Watkins agreed to the request with the understanding that his resignation become effective by July 11, 1972, the date he plans to qualify. On motion of Commr. Carson, seconded by Commr. Hoskinson and carried, the resignation was accepted with regrets.
On motion of Commr. Carson, seconded by Commr. Deems and carried, a resolution was adopted expressing the appreciation of the Board on behalf of Lake County for the outstanding service Mr. Watkins has performed while employed as Planning Director.
Public health
Mr. Odell Warren, representing Service Facilities Corporation, appeared and asked for a public hearing by the Board to consider franchising central sewage and water systems. Chairman Windram informed Mr. Warren the Board would like to see the preliminary report prepared by Schweizer Associates, and asked Mr. Warren to check with Mr. Watkins on the report.
Later in the day Mr. Watkins returned and reported that the East Central Florida Regional Planning Council has completed the feasibility study and will get the cities’ comments before presenting same to the Board.
State agencies
Commr. Deems advised the OEO bus system has run into financial difficulties. They are having problems getting federal funds and have been turned down by the State. They are asking for assistance through our garage facilities. Attorney Ford reported the first year of operation will end June 30th and they have asked for an extension of six months to one year. Commr. VanAuken said he does not think the Board should consider the request, because when the program was presented to the Board, it was made clear that the Board would not aid in any way. On motion of Commr. Deems, seconded by Commr. Carson and carried, the Board approved in-kind services to the OEO consisting of servicing of equipment in county garages such as washing, oil and grease until June 30, 1972. Commr. VanAuken voted “no.”
licenses and permits
T. Keith Hall, Tax Collector, and Earl Aylor were present and advised the Governor signed into law an act repealing Chapter 205 with the exception of the exemption section. Mr. Hall said in the past the County has issued state and county occupational licenses, with the county getting two-thirds of the fees and the state getting one-third. Since April 24, have not issued any occupational licenses and the county will not receive any revenue in the future unless there is some action by this Board. On motion of Commr. Hoskinson, seconded by Commr. Carson and carried, the Attorney was instructed to draft an ordinance under emergency procedures, relating to occupational license taxation to establish license fees. Mr. Hall reminded the Board that the publication must include classifications and rates.
indigents
On motion of Commr. Hoskinson, seconded by Commr. VanAuken and carried, the following change was approved to the present indigent list:
District No. 3 – Decrease Nathaniel Jones to $20.00.
opinions – legal
Commr. Carson advised the Board that on April 22, 1972, Inland Fruit Company, in which he holds stock, was a partner in forming Inland Equipment Company. Inland Equipment Company acquired the franchise formerly held by Hodges Equipment Company who was the International Harvester dealer, and prior to April 22, 1972, did business with Lake County. He stated that the bids for two pickup trucks, which were awarded to Hodges Equipment Company, were taken on March 7, 1972, which was prior to the time the company was acquired by Inland Equipment Company. Mr. Ford, County Attorney, stated that it is his opinion that Inland Equipment Company cannot do business with the County in the future or make bids. The Attorney will research the conflict of interest laws.
Right of way easements
Mr. George Hovis, Attorney, appeared requesting the Board’s approval to release timber rights for Poynter-Harder Construction Company, Inc. Mr. Ford, County Attorney, recommended that the Board disclaim any interest in the timber rights which were reserved in 1950 in order to avoid a law suit which he feels the County would almost certainly lose. On motion of Commr. Deems, seconded by Commr. VanAuken and carried, the request to release the timber rights was approved.
Public health
Mr. Harpster, County Engineer, stated that he reviewed Chapter 10-D of the Florida Administrative Code regarding the requirements for using plastic pipes in absorption fields and recommends that plastic pipe materials be authorized for use as absorption field material provided they comply with sizes shown in Chapter 10-D FAC, the National Plumbing Code, and the Department of Commerce Commercial Standards. Commr. Deems reported that Dr. Hall is attempting to obtain a report from other counties who are using the plastic pipes.
roads – county
The County Engineer reported that Mr. Clayton Weir, who represents Mr. Leroy Bronson in the release of road reservations (Bronson Road), has submitted additional information and can therefore recommend to the Board that these road reservations be released. The motion was made by Commr. Deems to approve the release of the road reservations, seconded by Commr. Hoskinson and carried.
Mr. Harpster, County Engineer, presented to the Board a proposed plan to install a corrugated metal pipe arch culvert in the Montevista Canal under Bronson Road No. 1038, for an estimated cost of $40,000.00. Mr. Harpster recommended that the construction be by contract and released for bids.
leases – county property
Mr. Harpster reported that Lake County Property, Lot #143, First Addition to Astor has been declared surplus and advertised for sale. A portion of this land has been leased to the VFW organization and he recommends that the recent payment on the lease be rejected in order to accept the bids on June 6, 1972. On motion of Commr. Carson, seconded by Commr. VanAuken and carried, the VFW will be notified and the lease will be terminated.
roads – county
Mr. Harpster presented a letter from Mr. Victor Baker, President of the Lake Harris Shores Civic Association, requesting that 25 MPH speed limit be established on all streets in the subdivision. Commr. Hoskinson moved that a resolution be adopted to establish a 25 MPH speed limit in Lake Harris Shores Subdivision, seconded by Commr. Deems and carried.
The adoption of a resolution to establish 25 MPH speed limit on Lincoln Avenue in Western Shores Subdivision was approved on motion of Commr. Carson, seconded by Commr. VanAuken and carried.
The Board adopted the policy of charging $15.00 per sign to be erected on dedicated right of way, which will include installation.
On recommendation by the County Attorney, a motion was made by Commr. Hoskinson, seconded by Commr. VanAuken and carried, that County Road 4-5768 be realigned to the public dedicated right of way and abandon maintenance on the prescriptive portion.
Mr. Morse’s request to release Murphy Deed Reservations SR 561-561A, 12th Street, Clermont, was referred to the County Attorney.
Recess and reassembly
The meeting was recessed for lunch at 12:05 p.m. and reconvened at 1:30 p.m. to take up the remaining items of business.
Road and bridge department
A request was made by the Sunrise Workshop, a non-profit corporation which assists the poor and indigent, and which the county has assisted in the past, for sand and clay in the amount of approximately $150.00. On motion of Commr. Carson, seconded by Commr. Hoskinson and carried, the request was approved.
Bonds – misc.
Contractors’ bonds for Certificates of Competency were approved for the following on motion of Commr. Carson, seconded by Commr. VanAuken and carried:
#817 – Harold Edward Hughes dba Bud Hughes Construction
#818 – A. R. Webb dba Kool Aluminum and Mobile Home Service
licenses and permits
Use Permits, filed by the County Engineer, were approved on motion of Commr. Carson, seconded by Commr. VanAuken and carried, as follows:
To City of Leesburg, Public Works Department, for construction and maintenance of 8-inch sanitary sewer line along (135 feet) and across the roadway westward from existing manhole at CR #1-4307 intersection.
To Sumter Electric Coop, Inc. of Sumterville, Florida, for construction and maintenance of an underground 7.2 KV power distribution line.
#354 to Florida Telephone Corp., Leesburg, Florida, for construction and maintenance of buried cable.
To Amoco Production Company of Sebring, Florida, for the construction and maintenance of vibroseis survey in search of oil and gas.
communications
Chairman read letter from Leesburg Jaycees which stated that a Clean-Up Committee meeting will be held on May 18, 1972, to discuss future civic group projects.
The Clerk, Mr. Owens, read letter of appreciation from Knox Glass regarding zoning decisions.
Letter from Field Director, Boy Scouts of America, Central Florida Council was read requesting use of prisoners to clear some property at Camp La-No-Che in Paisley, Florida. This request was referred to the Attorney.
Notice from the Florida Public Service Commission in reference to a public hearing in Leesburg, May 30-June 2, regarding the Florida Telephone Corp. application to increase intrastate telephone rates and charges.
Clerk presented copy of Attorney General’s opinion regarding Hospital Lien Law Ordinance.
hospitals
On motion of Commr. Hoskinson, seconded by Commr. Deems and carried, the action of the Chairman and Clerk in approving applications to the W. T. Edwards Tuberculosis Hospital for the following was approved:
Clifton Walter Snell
Jeff Lee Burns, Sr.
insurance
The Deputy Clerk was requested to write a letter to the State Insurance Commissioner asking for recommendations regarding minimum rating Lake County should require on insurance bids. In the past, Lake County required A+AAAAA and has received indications that this may be higher than is necessary for competitive bidding.
It was the Attorney’s opinion that elected officials could be covered under Workmen’s Compensation if no prohibition under the law is found. The Attorney will review the law.
Road closing
The Clerk read Notice of Intention to Close and Vacate Alley which was received from the City of Umatilla. The correspondence stated that the said alley is adjacent to county property. The Umatilla City Council will consider the road closing on May 16, 1972. The matter was referred to the County Attorney.
fire control districts
The Board discussed with the County Attorney procedures for establishing fire control districts. The Attorney will investigate further.
meetings
Mr. Watkins informed the Board that a two-week Leadership Seminar on Drug Abuse is scheduled for June in Miami, Florida. The expenses for those attending will be paid by the State. The Board asked that Mr. Watkins reply stating that the Board is interested, but does not know who will represent Lake County at this time.
ordinances
An ordinance providing for liens in favor of operators of hospitals supported or aided by local tax revenue was considered at this time. On motion of Commr. VanAuken, seconded by Commr. Hoskinson and carried, the ordinance was placed on second reading by title only; said title being:
An ordinance providing for liens in favor of operators of hospitals supported or aided by local tax revenue in Lake County upon causes or action, suits, claims, counterclaims and demands accruing to patients therein, or their legal representatives, and upon judgments, settlements and settlement agreements, on account of injuries of such patients, for all reasonable charges for hospital care, treatment and maintenance necessitated by such injuries; providing for method of perfecting and enforcing such liens, and for the recovery costs, and reasonable attorney’s fees in any action enforcing such liens; requiring claims for lien to be recorded and fees for recording; providing that no release or satisfaction shall be valid as against lien unless lien holder joins therein or executes release; providing that acceptance of release or satisfaction of any cause of action, suit, claim, counterclaim, demand or judgment and any settlement in absence of release or satisfaction of lien shall prima facie constitute impairment of such lien, and giving lien holder right of action at law for damages on account of such impairment, and providing for recovery from one accepting release or satisfaction or making settlement; exempting from provisions of this act matters within purview of workmen’s compensation act of this state.
On motion of Commr. Hoskinson, seconded by Commr. Deems and carried, the ordinance was approved on second reading by title only.
Accounts allowed
Commr. Hoskinson reported that he received a call from Mr. Gene Smith, Triangle Metal and Paper Salvage Yard. His salvage yard is designated as a disposal area. Mr. Smith holds a contract with the County for the pickup of junk automobiles. Commr. Hoskinson presented a bill from Mr. Smith in the amount of $152.12 for disposal of 60,000 pounds of salvage materials. Mr. Smith stated that he had not billed the County for some time. Commr. Hoskinson said he asked Mr. Smith to bill the County monthly in the future. On motion of Commr. Deems, seconded by Commr. VanAuken and carried, the bill for $152.12 was approved to be paid.
The County Engineer reported that Purchase Order #7208 for fence posts was placed with Mr. J. R. Newbern. He, in turn, ordered them from Mr. C. H. Blitch, Jr., who has billed the Board for the fence posts. On motion of Commr. Carson, seconded by Commr. Deems and carried, the check in the amount of $1,637.96 will be made out jointly to both parties.
On motion of Commr. VanAuken, seconded by Commr. Carson and carried, the Board approved the payment of $15 to the Paisley Community Association for rent of building used in March primary election.
Travel was approved for Bob Stroud to attend meeting with Department of Health and Rehabilitative Service and Governor’s Council on Criminal Justice in Tallahassee, May 10-12. Motion was made by Commr. Carson, seconded by Commr. Deems and carried.
On motion of Commr. Carson, seconded by Commr. Deems and carried, the Board approved payment to Richey Buick-Pontiac, Inc. for four dump trucks, in the amount of $48,442.00.
Travel was approved for Ted Wicks to attend I.F.A.S. Waste Water Workshop in Tampa, May 31 – June 1, 1972. Motion was made by Commr. Deems, seconded by Commr. Carson and carried.
On motion of Commr. Deems, seconded by Commr. VanAuken and carried, the Board approved the payment of $115.00 to Dillion Septic Tank Service for maintenance repairs to the sewage treatment plant.
On motion of Commr. Hoskinson, seconded by Commr. Carson and carried, the request for $348.47 for 4-H members and leader to attend Citizenship Short Course, Washington, D.C. from June 11-17, 1972, was approved.
On motion of Commr. Deems, seconded by Commr. VanAuken and carried, the request for $65.00 for secretarial chair for the Circuit Judge’s Office from Southern Printing Company was approved.
Request from the Lake County Chamber of Commerce for monthly allotment of $2,083.33 was approved on motion of Commr. Hoskinson, seconded by Commr. VanAuken and carried.
Request from the Clerk of Circuit Court for $11,249.00 for Circuit Court Work Fall term of court was approved on motion of Commr. Carson, seconded by Commr. Hoskinson and carried.
On motion of Commr. Deems, seconded by Commr. Hoskinson and carried, payment to Hodges Equipment Company for parts in the amount of $42.87 was approved.
On motion of Commr. Deems, seconded by Commr. Hoskinson and carried, the Board approved payment to Hodges Equipment Company for two pickup trucks in the amount of $6,031.46. Bids were received on March 7, 1972.
On motion of Commr. Deems, seconded by Commr. VanAuken and carried, the following vouchers were approved for payment:
General Revenue Fund Nos. 1419-1622
Motor Vehicle Inspection 141-154
Fine and Forfeiture Fund 203-230
Youth Services Bureau 57-68
Road and Bridge Fund 538-614
Construction Trust Fund 8-10
Fish Conservation Fund 4
NE – Ambulance 10
NW – Ambulance 10
funds – transfer
On motion of Commr. Deems, seconded by Commr. Carson and carried, the transfer of funds from contingency in F&F Fund $4,667.36 to Account #21493, unexpended pro rata share for Public Defender, received in 70/71, was approved.
On motion of Commr. Carson, seconded by Commr. Hoskinson and carried, the transfer of funds from contingency in General Fund $3,015.73 to Account #87682, payment for pickup truck for Building Inspector, was approved.
On motion of Commr. Deems, seconded by Commr. Carson and carried, the transfer of funds from R&B Contingency $100.00 to Account #45112, Commissions, Fees and Costs, was approved.
accounts refused
The Martin Carpet Company will re-lay the carpeting in the Finance Office to the satisfaction of the Board without penalty as soon as possible on motion of Commr. Deems, seconded by Commr. VanAuken and carried.
Checks received
On motion of Commr. Carson, seconded by Commr. Deems and carried, the Board accepted the check from the Clerk of Circuit Court in the amount of $142.48, which was a refund from advance to pay state trial witnesses.
reports
The following reports were filed with the Board:
A. Engineering (April-May Review)
B. Survey Report
C. MVI Stations Report (April)
D. Road and Bridge Report (April)
E. Solid Waste Management Report (April)
F. Cigarette Tax Collections and Distributions (February)
There being no further business to bring before the Board, the meeting was adjourned at 4:00 p.m.
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chairman
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Clerk