MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
january 9, 1973
The Board of County Commissioners of Lake County, Florida, convened in regular session on Tuesday, January 9, 1973, in the Commissioners’ Room, Courthouse, Tavares, Florida, at 9:00 A.M. with the following members present: C. A. Deems, Chairman; James R. Carson, Jr., J. M. Hoskinson, Thomas J. Windram, and Glenn C. Burhans. Others present were: Christopher C. Ford, County Attorney; Fred Harpster, County Engineer; Joseph Flynn, County Planner; James C. Watkins, Clerk of Circuit Court, Norma H. Coven, Deputy Clerk, and Bethany A. Ragland, Deputy Clerk.
The Chairman called the meeting to order and the invocation was given by Commr. Windram. The Pledge of Allegiance to the Flag was recited.
minutes
On motion of Commr. Carson seconded by Commr. Windram and unanimously carried, the minutes of the meeting of December 7, 1972, were approved as submitted.
On motion of Commr. Carson seconded by Commr. Hoskinson and unanimously carried, the minutes of the meeting of December 12, 1972, were approved as submitted.
On motion of Commr. Carson seconded by Commr. Burhans and unanimously carried, the minutes of the meeting of January 2, 1973, were approved as submitted.
On motion of Commr. Carson seconded by Commr. Hoskinson and unanimously carried, the minutes of the meeting of January 3, 1973, were approved as submitted.
county employee
On motion of Commr. Hoskinson seconded by Commr. Windram and unanimously carried, the Board authorized Alfred Ponds, Road Superintendent, to carry over his unused annual leave from 1972; said leave to be used by end of March 1973.
legislature
Commr. Carson asked the Attorney to check on the proposed legislation concerning computerized or mechanized absentee balloting.
Mr. Ford, County Attorney, recommended that a luncheon or dinner meeting be set up with the Board of County Commissioners, representatives of the press, and the legislative delegation to discuss the legislation that the Board is interested in prior to the Public Hearing on proposed legislation scheduled on January 25, 1973. The Chairman requested the Attorney to set up this meeting.
pollution control
Commr. Hoskinson reported that he has received complaints from residents of the Ferndale area in regards to an odor in this vicinity. It was reported to him that the Minute Maid plant has been disposing a residue in a lake in this area. Mr. Phil Edwards, from Pollution Control Department, appeared before the Board and stated that about a year ago Minute Maid was disposing a residue in an isolated, low, marshy area in the Ferndale vicinity. At that time, the Pollution Control Department asked them to discontinue this operation. He reported that the Department just recently checked this area after receiving complaints regarding the odor and their investigation revealed that no such disposal operation was taking place.
state agencies
On request of Mr. Grubbs, Forestry Service, and on motion of Commr. Hoskinson seconded by Commr. Carson and unanimously carried, the Board gave permanent approval for the Forestry Service to maintain fire lanes on County property north of Astatula.
appointments
Commr. Hoskinson appointed the following to the Central Florida Regional Planning Council open space committee: Mr. Leonard Sever, Mrs. Harvey Heise and Mr. Ray Robbins.
road and bridge department
Commr. Hoskinson informed the Board that he has received a request from residents of Tropical Shores Subdivision to haul off the hyacinths that the residents have removed from the canal and placed on the bank. He stated that it would take approximately twelve truck loads to haul them away. On motion of Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, the Board authorized the Road and Bridge Department to remove the hyacinths in Tropical Shores Subdivision, subject to proper hold harmless agreement with the property owners involved. The Engineer stated that the trucks will go in on vacant lots to remove the hyacinths from the bank of the canal.
indigents
The Board approved the following changes to the present indigent list:
CANCEL: Jessie Ree Anderson, Dist. #2, $40.00
insurance
Commr. Carson advised the Board of letter received from Bob Boswell Agency concerning Group Insurance Contract. As representative of Time Insurance Company, he recommended raising the room benefits on the plan to at least $40 per day from the present $25. The monthly cost for this increase to be $1.50 for individual employees and $4.50 for employees with dependents. Commr. Carson moved that the benefits be increased from $25 to $40, with the County picking up the $1.50 increase; the employees paying the additional increase of $3.00 for their dependents, and grant Mr. Boswell permission to contact the individual County employees to see if they desire the additional coverage on their dependents. The motion was seconded by Commr. Hoskinson and unanimously carried.
law library
Commr. Carson informed the Board that charges for the Xerox machine in the Law Library were $1,885.42; fees collected amounted to $1,691.02; subsequently costing the County a total of $174.90. He feels the machine is well placed and that the supplement the Board of County Commissioners made toward the operation of said machine was nominal.
roads
Commr. Burhans requested that the Engineer present a more detailed estimate on the road leading into the School Board environmental site.
complaints
Commr. Burhans informed the Engineer that employees of the landfill operation were eating breakfast during working hours in District #5 and asked the Engineer to notify his employees to cease this practice.
legislature
Representative Dick Langley appeared before the Board and announced that on January 25, 1973, the local delegation is holding an open meeting to discuss impending legislation. Representative Langley asked for the Commissioners’ support of his Tarpaulin Act requiring the sand and gravel trucks to tie down their loads.
meetings
The Clerk advised that the County Judge has requested use of the Commissioners’ Room on the last Thursday of each month, which is the same time that the Planning and Zoning Commission meets. The Board instructed the Clerk to check regarding the Planning and Zoning Commission using the conference room at the Agriculture Center.
Commr. Deems suggested that the next meeting of the Board of County Commissioners be held in a larger room to accommodate all persons interested in the zoning reclassification hearings. The Clerk was requested to check to see if it is possible to obtain the Circuit or County Court room during the afternoon of the hearings.
Commr. Windram presented letter from Dr. Andrews regarding a meeting to be held on January 22, 1973, at 7:30 p.m. at Waterman Memorial Hospital regarding Comprehensive Health Plan. Letter was referred to Commr. Hoskinson.
right of way – roads
The Engineer presented letter from Richard B. Sherman asking whether there is a deeded road in Johns Lake area. The Attorney stated that there appears to be a 15 foot road reservation, but said that he feels Mr. Sherman should be advised to check with his attorney to make a determination in his behalf.
appraisals
Commr. Carson stated that he talked with Mr. Price and he is not agreeable to accepting the appraised value for his property.
mvi stations
Commr. Burhans stated that he visited the MVI station in Eustis and informed the Board that the station had patrons waiting for 1-1/2 hours to get their vehicles inspected. It was explained that January was one of the peak periods for the MVI Stations.
roads – county
The Engineer presented letter from Mr. William R. Lacy requesting the County establish a clay road giving him access to his property in District #4, 4 miles East of Eustis. The Engineer recommended that the road be built at his expense on county right of way.
state agencies
Mr. Harpster, County Engineer, reported on the request from the Division of Driver Licenses regarding acquisition of Lake County Clerks of Lake County property near the Agriculture Center for construction of a driver license examining office and off-street driving range. He feels that this would be an asset to Lake County. The Board felt that they should not tie up this property in view of future expansion of County facilities. The Board discussed offering the Division the Astatula landfill property for placement of the examining station in lieu of the property requested.
public health
Mr. Harpster presented landfill franchises for W&R Garbage and Trash Service #10, Montverde, and Earl Ray Lewis #5, Lady Lake. On motion of Commr. Hoskinson, seconded by Commr. Burhans, and unanimously carried, the Board authorized the Chairman to sign the garbage franchises.
deeds
On recommendation of the Engineer, and on motion of Commr. Hoskinson seconded by Commr. Carson and unanimously carried, the Board authorized recording of right of way deed for Bruce Hunt Road when the deed is properly witnessed.
roads – state
On motion of Commr. Hoskinson seconded by Commr. Carson and unanimously carried, the Board adopted a resolution to furnish DOT the necessary rights of way, borrow pits and easements for that portion of Section 11522-2601, State Road S-44-C, extending from State Road 500-A Northerly to State Road 500 on the East line of Section 23, Township 19 South, Range 26 East and authorized the Clerk and Chairman to sign the right of way contract.
Commr. Hoskinson moved that the Engineering Department be authorized to cooperate with the City of Clermont in running traffic counts on the 2-lane portions of Highway #50. The motion was seconded by Commr. Windram and unanimously carried.
Commr. Hoskinson stated that he was contacted by George Howard, Southern Fruit Company, regarding surfacing of road which links County Road 3-0854 and 3-1067. The Board requested Commr. Hoskinson to contact the Fruit Company representative with offer to surface the road on 50/50 basis on the next contract letting; the County to maintain and take care of drainage and washouts.
soil survey
Jerry Joiner, representing Lake Soil and Water Conservation District, appeared before the Board and informed the Commissioners of a Soil Survey Conference which is scheduled for January 17, 1973, at the County Agricultural Center and solicited the Commissioners’ support in an effort to accelerate the publication of the Lake County Soil Survey.
bonds – Miscellaneous
The Clerk made recommendation to the Board that firearm bond applications be referred to the Sheriff’s Department for his recommendation prior to coming before the Board for approval. The County Attorney stated that he will have a written legal opinion re approval procedures for firearm bonds very soon, and stated that the Florida Statutes make the Board of County Commissioners responsible for the approval of these bonds. Commr. Windram moved that the approval or disapproval of firearm bonds be made by the Board until a procedure for same can be established. The motion was seconded by Commr. Carson, and unanimously carried. On motion of Commr. Hoskinson seconded by Commr. Carson and unanimously carried, bonds for carrying firearms were approved for the following:
B. T. Cheatham
Sylvester Wise
Helen Irene Miller
Louis Burg (2)
George J. White, Jr.
Commr. Burhans requested that the bond application received from James Allen be referred to the Sheriff’s Department for his recommendation.
recess and reassembly
The meeting recessed for lunch at 11:55 A.M. and reconvened at 1:30 P.M. to take up the remaining items of business.
utilities
Mr. Cooksey, a representative from the telephone company, appeared regarding the courthouse telephone system. It was decided that the toll restrictor will remain on the courthouse phone system but, in the future, the individual making a toll call will go through the telephone company operator to place the call. However, it will be possible for the individual to dial all outside calls that are not toll calls. The Clerk will issue credit cards with fictitious names to each department head and it will be his responsibility to account for all toll calls made using this number.
state attorney
Mr. Gordon Oldham, State Attorney, appeared regarding the delegation of personnel and equipment between the Clerk’s Office and the State Attorney’s Office necessitated by the implementation of Article V. On motion of Commr. Hoskinson seconded by Commr. Carson and unanimously carried, the Board authorized the transfer of two secretaries and salaries for same from the budget of the County Court to the State Attorney’s budget, total amount of $9,090.00.
On motion of Commr. Carson, seconded by Commr. Windram and unanimously carried, the Board approved purchase of the following equipment to be used in the State Attorney’s Office: 3 secretarial desks at $283.50 each, 3 chairs at $75.00 each, carpet in amount of $673.31, 2 Remington Rand electric typewriters at $464.40 each, $90.00 to soundproof door, and $400.00 to remove the glass enclosure in the Supervisor’s Office and install same in the State Attorney’s Office.
bids
Mr. Flynn, Planning Department, came before the Board regarding bids on one 1973 model sedan and one 1973 model pickup truck. He requested that all bids on the sedan, opened on December 19, 1972, be rejected, as he made changes to the bid specifications for sedans to better suit the needs of his department. Mr. Flynn recommended that the bid for the pickup truck be awarded to Cecil Clark as the lowest bidder.
On motion of Commr. Hoskinson seconded by Commr. Burhans and carried, the Board accepted the bid presented by Cecil Clark Chevrolet, Inc., Leesburg, for one 1973 Chevrolet pickup truck for net delivery price of $3,088.17 as the lowest and best bid. Commr. Carson abstained from voting on the truck as he owns interest in a company bidding on the vehicle.
On motion of Commr. Burhans seconded by Commr. Carson and unanimously carried, the Board approved rejecting all previous bids received on December 19, 1972, on one 1973 sedan.
On motion of Commr. Carson seconded by Commr. Windram and unanimously carried, the Clerk was authorized to advertise for bid one sedan submitting the new specifications; bids to be opened on February 6, 1973.
bonds – miscellaneous
Contractors’ Bonds for Certificates of Competency were approved on motion of Commr. Carson seconded by Commr. Windram and unanimously carried for the following:
Alan William Mielke (Carpentry & Roofing)
Carl C. McClellan dba Florida Shingle & Hot Roof
John C. Lucas dba Lucas Construction Company
Lewis P. Shelton (Specialty)
On motion of Commr. Hoskinson seconded by Commr. Carson and unanimously carried, the Board cancelled the Public Official Bond on behalf of Frank Forrest Meech.
hospitals
On motion of Commr. Carson seconded by Commr. Hoskinson and unanimously carried, the action of the Chairman and Clerk in granting petition to the W. T. Edwards Tuberculosis Hospital was approved for Carrie Belle Sapp.
Discharge Notifications from W. T. Edwards Tuberculosis Hospital were received on the following individuals and filed with the Board:
Irene Page – discharged with medical advice on December 6, 1972
Thomas Creamer – discharged with medical advice on December 6, 1972
Norman D. Wagner – expired on December 12, 1972
Lillie M. Monroe – discharged with medical advice on December 15, 1972
Booker T. Young – discharged with medical advice on December 18, 1972
inventory
On motion of Commr. Hoskinson seconded by Commr. Carson and unanimously carried, a mattress, Item #1780, from the Supervisor of Elections Office was approved to be dropped from the property records.
hospitals
Chairman Deems advised the Board that he contacted Mr. Lewis, Governor’s representative for emergency ambulance service, regarding South Lake Memorial Hospital’s grant request for federal funds to aid in the purchase of an ambulance. Mr. Lewis advised that their grant request be signed by the Chairman of the Board of Trustees of the South West Hospital District and note on the bottom of the request that this is a Governor’s appointed Board.
suits affecting county
On recommendation of the County Attorney and on motion of Commr. Hoskinson seconded by Commr. Windram and unanimously carried, the Board authorized the Clerk to advertise the exchange of land involved in the Britzuis lawsuit.
legislation
The Attorney recommended that a credit card be assigned to the local legislative delegation for making calls concerning Lake County business. The Board will discuss this matter at the dinner meeting being arranged by the Attorney.
contract and agreements
The Attorney informed the Board that he checked the agreement between Lake County and Environmental Design Group, Inc., regarding facilities study and recommended approval. On motion of Commr. Carson seconded by Commr. Hoskinson, and unanimously carried, the Board authorized the Chairman to sign the Environmental Design Group, Inc. Agreement in amount not to exceed $14,000.00 for the study of the courthouse complex.
appointments
On recommendation of the Attorney, the Chairman reappointed Commr. Hoskinson to act as liaison for the courthouse complex.
accounts allowed
On motion of Commr. Windram seconded by Commr. Hoskinson and unanimously carried, the Board approved purchase of a hand truck to be used at the Lake County Fair Grounds.
On motion of Commr. Hoskinson seconded by Commr. Carson and unanimously carried, the Board authorized Murry Lowe to obtain gasoline for his truck from the prison crew pump at Mosquito Control and authorized an annual transfer of $120.00 to cover same.
On motion of Commr. Carson seconded by Commr. Windram and unanimously carried, the Board approved purchase of one secretarial desk at $283.50, and one chair at $75.00 for Judge McCormick’s Office.
On motion of Commr. Hoskinson seconded by Commr. Windram and unanimously carried, the Board approved Mr. Flynn’s request to hire Mrs. Shirley M. Burke as secretary to Director of Planning at an annual salary of $6,000.00 effective January 10, 1973.
On motion of Commr. Hoskinson seconded by Commr. Windram and unanimously carried, the Board approved purchase of used Florida Jurisprudence at $595.00 from Frank M. Merville and used Florida Statutes Annotated at $345.00 from Henry Pringle for Judge Aulls’ Office.
On motion of Commr. Carson seconded by Commr. Windram the Board authorized expenditure of $3,200.00 for remodeling work to be accomplished in Judge McCormick’s Office. The motion carried.
On motion of Commr. Carson seconded by Commr. Hoskinson and unanimously carried, the Board authorized payment of $592.95 to F&W Plumbing for repairs to plumbing in the Lake County Jail.
On motion of Commr. Windram seconded by Commr. Carson and unanimously carried, the Board approved payment to Clerk of Circuit Court $2,205.00 for filing fees in orders of dismissal in uniform support cases.
On motion of Commr. Windram seconded by Commr. Carson and unanimously carried, the Board approved travel expenses for J. A. Haddox to attend DARE Conference in Gainesville, January 31 and February 1, 1973.
On motion of Commr. Carson seconded by Commr. Windram and unanimously carried, the Board approved travel expenses for L. L. Hulett, incurred when obtaining signatures of the Oklawaha River Basin Improvement Council Agreement, December 8-13, 1972, in amount of $63.30.
On motion of Commr. Carson seconded by Commr. Windram and unanimously carried, the Board approved payment to Tax Collector $18,533.40, commission on 1972 tax roll.
On motion of Commr. Carson seconded by Commr. Windram and unanimously carried, the Board approved payment to Tax Assessor $20,000, advance commissions on 1973 tax roll.
On motion of Commr. Carson seconded by Commr. Hoskinson and unanimously carried, the Board approved payment to Department of Agriculture $10,666.82 for fire control assessments for 1972-1973.
On motion of Commr. Carson seconded by Commr. Windram and unanimously carried, the Board approved payment to Lake Sumter Community Mental Health Center $30,000 as requested.
On motion of Commr. Carson seconded by Commr. Hoskinson and unanimously carried, the Board authorized Commr. Deems to negotiate with Mr. Aubrey Hayes to replace Miss Eastwood as County Welfare Director at an annual salary of $7,000, effective March 1, 1973.
On motion of Commr. Hoskinson seconded by Commr Carson and unanimously carried, the Board authorized payment of $650.00 to Leesburg Armature for repairs to compressor of the heating and air conditioning system in the courthouse.
On motion of Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, the Board approved payment to Medicaid for month of October 1972 in amount of $7,759.47 and month of November 1972 in amount of $7,755.75.
On motion of Commr. Carson seconded by Commr. Hoskinson and unanimously carried, the Board approved payment of the following vouchers:
General Revenue 528-743
Auto Inspection Fund 37-54
Youth Services 23-31
Fine and Forfeiture 44-79
Road & Bridge Fund 224-324
NE Hospital District 3
NE (Ambulance) 5-6
NW (Ambulance) 5-6
funds – transfers
On motion of Commr. Carson seconded by Commr. Hoskinson and unanimously carried, the Board approved the following fund transfers:
FINE & FORFEITURE FUND
Transfer $2,467.60 from Contingency to Acct #2323402-2 (Eq. Judge Aulls)
Transfer $2,512.01 from Contingency to Acct #2332402 (Eq. St. Attorney)
Transfer $9,090.00 from Acct #2323102-2 to Acct #2332102 (Salaries State Attorney’s Office)
GENERAL REVENUE FUND
Transfer $2,250.00 from Contingency to Acct. #2101305 (State fee on Marriage Licenses)
checks received
Revenue Sharing Check received from Secretary of the U.S. Treasury in the amount of $224,890.00 for period July 1, 1972 through December 31, 1972.
communications
Letter from Mr. Roberts, Division of Health, concerning meeting to be held on January 10, 1973 regarding proposed social services complex was read and filed.
Notice from Public Service Commission regarding application of Florida Telephone Corporation for an increase in rates and charges was read and filed.
Notice from Division of Florida Land Sales regarding application for exemption, Lake Frances Estates, was read and referred to the Engineer and Planning Department.
Letter from Joel O. Kimrey regarding Hydrologic Records for Lake County was read and filed.
reports
Annual Report from Lake County, County Judge, for three months ended December 31, 1972, was filed with the Board showing no refund to the County.
Nutrition Survey of County and Municipal Detention Facilities, dated November 10, 1972, was filed with the Board.
The following reports were received from the Public Works Department:
A. Engineering
B. Survey Crews
C. MVI
D. Road and Bridge
E. Solid Waste Management
civil defense
On motion of Commr. Carson seconded by Commr. Windram and unanimously carried the Board authorized Fred Bollenberg permission to attend emergency Preparedness Seminars on February 13-15 and May 1-3, in Thomasville, Georgia, at no expense to the County.
There being no further business to bring before the Board, the meeting adjourned at 3:50 o’clock p.m.
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clerk chairman