A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

may 23, 1975

The Lake County Board of County Commissioners convened in regular session on Friday, May 23, 1975, at 9:00 a.m., in the Commissioners’ Room, Courthouse, Tavares, Florida. Present were: J. M. Hoskinson, Chairman; Thomas J. Windram; C.A. Deems; Glenn C. Burhans; and James R. Carson, Jr. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Debby Potter, Deputy Clerk.

The Invocation was given by James C. Watkins, Clerk, and the Pledge of Allegiance was led by James R. Carson, Jr.

accounts

Commr. Hoskinson stated that $200,000 of new deposits needed to be placed and wanted the Board’s opinion of depositing up to $100,000 in the Savings and Loan Associations in Lake County. They have an interest rate of 5 ¾ percent. Commr. Windram was concerned that the County would not be able to withdraw the money when it was needed. The Citizens National Bank of Leesburg and the Exchange Bank of Clermont have an interest rate of 5 ½ percent and the $200,000 of new deposits will be divided between the two banks. After further discussion and on motion of Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board requested the Clerk to investigate the placing of funds in Savings and Loan institutions and what the terms and conditions would be. He would report to the Board for future policy decisions.

soil survey

Mr. Jerry Joiner, Conservationist, and Noel E. Griffin, Jr., representing the Soil and Water Conservation Supervisors, appeared and presented the Soil Survey of the Lake County area that was started in 1968. Mr. Joiner stated that there are approximately 3,000 copies on hand and would like space to store these books. Commr. Carson recommended that he contact the Clerk regarding space.

Commr. Carson stated that the Resource Conservation and Development Project will be heard in Sanford on June 6, 1975. Commr. Carson made a motion indicating that Lake County would like to become a member of the multi-county district for receipt of funding under the Soil Conservation Service guidelines. Commr. Burhans seconded the motion. Commr. Hoskinson stated that it now being the time advertised for bids, this discussion would have to be postponed to another time. Commr. Carson retracted his motion.

bids

It now being the time advertised for bids, the Clerk opened the bids for the crawler tractor. Commr. Carson read the proof of publication. The bids are as follows:

Dewind Fiat-Allis 11B $52,386.00

Rozier Caterpillar D6C $57,402.00

State Tractor International TD-15C $49,499.00

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the bids were referred to Mr. Donoghue, County Engineer, for study and recommendation to the Board.

road maintenance

Commr. Hoskinson stated that Doris Babb, Deputy in Charge of Finance Department, has made arrangement to refund the excess money left from the East Lake Harris Estates paving project. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Finance Department was authorized to refund the money to the East Lake Harris Estates Association.

public health

Mr. Bill Hennessey, Pollution Control Director, appeared regarding two sewer plant locations. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the site location for the sewer plant for American Cheerleaders Academy was approved.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the site location for a sewer plant for Four Square Mobile Home Park was approved. The Board stated that the approval of the location does not necessarily mean approval of the project.

Mr. Hennessey stated that he had received a letter from a sales representative for sewer plants and he was interested in purchasing our plant. Mr. Ford, County Attorney, stated that our plant should be appraised. Mr. Hennessey said he will contact Dick Newman regarding the appraisal and report to the Board later in the day.

insurance

Commr. Carson stated that the Insurance Committee had discussed County insurance procedures with Mr. Buddy Bourlay and had come up with recommendations for the Board. After study of the memorandum and on motion of Commr. Windram, seconded by Commr. Deems and carried unanimously, item one was approved. The Clerk is to contact the insurance company for code classifications and give it to Mr. Donoghue so the employees of the Road and Bridge Department will be listed under the correct code.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, item two was approved stating the name of Lake Memorial Nursing Home should be the same on all policies.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, item three was approved removing the liability coverage for unlicensed equipment.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, item four was approved. Under Inland Marine Coverage it is to be a $200 deductible policy instead of $50 deductible.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, item five was approved and a rider is to be added to our current General Liability Policy and the funds for this are to be transferred from Contingency.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, item six was approved and a general “umbrella” type policy in the amount of $1,000,000.00 will be considered in the next insurance bids.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, item seven was approved and the Board requested that Mr. Buddy Bourlay make recommendations as to the rewriting of the compensation specifications.

Item eight was discussed but no action was taken at this time.

planning and zoning

Commr. Hoskinson reported on the cabinet meeting in Tallahassee regarding the Green Swamp. There will be a public hearing in Clermont on June 5, 1975 at the Community Building regarding the Green Swamp. The cabinet hearing will be June 3, 1975 and a decision will be made June 17, 1975. Mr. Ford stated the meeting on June 3, 1975 will be highly important. The Chairman stated that it is now 11:00 A.M. and as there is a scheduled appointment, this matter will be discussed later.

reports

Mrs. Reba Harris, representing the Resource Advisory Committee, appeared and presented the Resource Advisory Committee, Phase II Report. Commr. Hoskinson stated that after the Board has a chance to study the report it will be adopted as the Phase II Report.

planning and zoning

Discussion was resumed regarding the Green Swamp hearings. Commr. Windram was concerned with litigation and who will be paying for it.

Mr. Ford, County Attorney, stated that there are four major issues as follows: there is no geographical justification for imposing rules for the Green Swamp; the condemnation fear and who will pay for litigation; a dwindling tax base and land owners demanding lower taxes; infringement of local government issues. Mr. Ford would like the Board’s approval to work or confer with the attorney for the property owners.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board authorized the County Attorney to confer with the Attorney for the property owners in the Green Swamp.

recess and assembly

The meeting recessed for lunch at 12:07 P.M. The Chairman announced the commissioners would have lunch at the Chateau Restaurant and the press and public were invited on a dutch treat basis. The meeting reconvened at 1:30 P.M.

communications

Commr. Hoskinson stated that he had received a resolution from Sarasota County opposing Senate Bill 603 and House Bill 1741 regarding county home rule control of water and sewer utilities.

Also received was a resolution from Manatee County urging the Florida Legislature to amend or modify the Financial Disclosure Law.

Commr. Hoskinson stated that he had received a request from the Montverde Police Department for use of the surplus radios from the Sheriff’s Department. These radios are being stored until recommendations are received from Mr. Don Quagliotti, Civil Defense Director.

civil defense

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Public Works Department was authorized to move the Civil Defense Shelter supplies from the Mount Dora Community Building to the Umatilla Barn for storage. They were also authorized to move Civil Defense supplies from Eustis High School to the Umatilla Barn.

road maintenance

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board accepted a check in the amount of $21.00 for repair to Central Avenue in Cisky Park and authorized the Public Works Department to do the work.

roads-county

Commr. Deems stated that he had received a request for a culvert to be installed on a publicly dedicated right of way off of SR 470. Commr. Carson was concerned with the fact that the County would be paying for the culvert, which is not County policy. On a motion by Commr. Deems, and seconded by Commr. Burhans, the Public Works Department was authorized to install the culvert at a cost of $345.16. Commr. Windram and Commr. Carson voted “no.” The Chairman announced the motion carried.

planning and zoning

Michael Willett, County Planner, appeared requesting the Chairman’s signature on the assurance of compliance form for Title VI of the Civil Rights Act of 1964. This form goes with the 201 Grant Application. On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Chairman was authorized to sign the above form.

bids

Mr. Donoghue, County Engineer, appeared with recommendations on the bids for a crawler tractor. Upon the recommendation of the County Engineer and on motion of Commr. Carson, and seconded by Commr. Windram, the bid from State Tractor & Equipment Company was accepted as the best and lowest bid in the amount of $49,499.00 for an International TD-15C. Commr. Burhans voted “no.” The Chairman announced the motion carried. Commr. Windram suggested the Clerk confer with Mr. Larry Morey, Assistant Engineer, regarding a cost accounting system for heavy County equipment.

The Board also discussed total cost bidding for County equipment. Commr. Hoskinson stated that he would check with Osceola County regarding its procedures.

zoning

cup 469-4 – lindsley paving company

No one appeared regarding this case. On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and the rezoning was approved, provided a fence was erected along the property line.

18-75-1 – mun wildon cauley

No one appeared regarding this case. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and the rezoning was denied.

15-75-5 – james getford

No one appeared regarding this case. On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and the rezoning was approved.

25-75-1 – planning and zoning commission

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, this case was postponed to June 17, 1975 at 2:00 P.M. or as soon thereafter as possible.

32-75-2 – w. loyd turner

Attorney Welborn Daniels appeared in opposition to the denial. He stated that his client had invested a considerable amount of money to this business and it was strictly a scrap operation and there were no junk sales involved or burning. He also stated the County had condoned the business by issuing a special permit in 1971.

Attorney Arthur Robert, representing property owners on the north and south of this business, appeared in support of the denial. He stated there is considerable noise and some burning from Mr. Turner’s business. The property should be returned to agricultural as is the surrounding property.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and the rezoning was denied.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Code Enforcement Officer is to be informed that action has been taken on this case and to bring this violation before the Board at the next scheduled meeting for Zoning Violations, which is June 10, 1975 at 2:00 P.M.

33-75-1 – planning and zoning commission

No one appeared regarding this case. On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and the rezoning was approved.

34-75-1 – edward a. neal

35-75-3 – planning and zoning commission and neal smith

No one appeared regarding this case. On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and the rezoning was approved.

36-75-2 – dodson manly

No one appeared regarding this case. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and the rezoning was approved.

37-75-5 – john steele, jr.

No one appeared regarding this case. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and the rezoning was approved.

38-75-4 – maurice shams

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, this case was postponed until June 17, 1975 at 2:00 P.M. or as soon thereafter as possible.

39-75-5 – planning and zoning commission

No one appeared regarding this case. On a motion by Commr. Windram, seconded by Commr. Carson and carried, the Board upheld the recommendation of the Planning and Zoning commission and the rezoning was approved. Commr. Burhans abstained from voting because of a conflict of interest. He owns the property in question.

cup 474-5 – agnes persley for st. luke free methodist church

No one appeared regarding this case. On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and the CUP was approved.

cup 475-3 – farrell pearce, agent

No one appeared regarding this case. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and the CUP was approved.

cup 476-4 – henry prescott

Mr. Willett, Planning Director, stated this case had been withdrawn.

cup 477-2 – dr. david sloan

cup 478-1 – william walsh

40-75-3 – frances heacock and richard weis

cup 481-3 – william arnold

No one appeared regarding this case. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and the CUP was approved.

42-75-4 – v.l. sinisi

cup 479-4 – asphalt pavers, inc.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and the rezoning was approved. The Board asked Mr. Willett when the six month time period started and he answered now. Mr. Hooks, representing Asphalt Pavers, stated that he thought the six months did not start until a building permit was issued. Asphalt Pavers will not be ready to start the business for another ninety days. The three months left will not give them enough time to finish their job.

The opinion of the County Attorney was requested. Mr. Ford recommended the wording of the CUP be changed to read “six months from the time the plant begins operations.” Commr. Deems did not feel the wording should be changed.

After discussion and on motion of Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved to reconsider the previous motion to add an amendment.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and the CUP was approved subject to the building permit being issued within 90 days from May 23, 1975 and the effective date of the CUP starts at that point for a six month period.

public health

Bill Hennessey, Pollution Control Director, appeared and stated that Mr. Dick Newman would make an appraisal of the County sewer plant for $100.00. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board authorized Mr. Newman to make the appraisal and be paid an amount not to exceed $100.00 for services rendered.

roads-county

Commr. Windram received a request for road repair on Coronado Drive. On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the letter was referred to Michael Donoghue, County Engineer, to ascertain if the road is a publicly dedicated right of way, and if so, to work up a cost estimate.

road maintenance

On recommendation of the County Engineer and on motion of Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Public Works Department was authorized to put clay on Church Street in Sorrento to enable the fire trucks to get through. The County is not taking over the maintenance of the roads.

accounts

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the purchase of one address-o-graph cabinet for the Agriculture Center at a cost of $524.20 and also the transfer of County equipment from the Tax Collector’s office to the Agriculture Center as follows:

Address-o-graph

Graph-o-type platemaker

Graph-o-type proof machine

hospitals

Commr. Deems stated that he had a set of plans made by George Lewis for a County Morgue. Commr. Deems feels that the morgue should be built next to Leesburg General Hospital and managed by the hospital. After discussion and on motion of Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board authorized Commr. Deems to negotiate with the City of Leesburg and Leesburg General Hospital for land on which to build the morgue.

roads-state

Commr. Deems stated that the Department of Transportation had given Lake County permission to use secondary funds for purchase of the property on Donnelly Street for a drainage retention area. The County Attorney was requested to set up an appointment with the parties involved.

road maintenance

Commr. Windram stated that he had a memorandum from Mr. Donoghue, County Engineer, regarding the repair of the rip rap on the State built bridge on Lakeshore Drive in Eustis. Mr. Donoghue has drawn up a cost estimate of $1,000 for the repair. After discussion, the Board directed Mr. Donoghue to bring this matter to the attention of the Department of Transportation and ascertain if the County can do the repair and be compensated out of secondary road funds.

accounts

Commr. Burhans presented a request from Aquatic Weed Control to purchase equipment for the Department from State funds. There was discussion as to whether State funds or County funds would be expended. On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board authorized the Clerk to advertise for the equipment as the Board specifies, which is a four wheel drive vehicle, salaries for the remainder year, and herbicides subject to the money being available so the County does not have to allocate additional funds to match State money.

courthouse

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Clerk is to write a letter to the Grand Master of the Masons requesting that they lay the cornerstone of the new Courthouse complex when the foundations are down.

public health

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the following were reappointed to serve as members of the Pollution Control Board: Joe E. Hill, Ralph A. Roane, and Dennis E. Holcomb.

bonds-misc.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the following Firearm Bonds were approved:

Razz Bowen

Palmer Conner

E.R. Jelsma

Marjorie Jelsma

O.T. Jenkins

Charles Dennis Reid

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved cancellation of the Deputy Sheriff bond for Herbert Lawton Nichols.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the contractor bond as follows:

1270-75 John P. Owens dba Owen’s Electric

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the cancellation of the contractor bond as follows:

1244 Forrest E. Williams, Jr.

county building and grounds

The Board discussed the Clerk’s recommendations regarding parking spaces needed for the new Courthouse. A total of 562 spaces were planned and only 388 spaces are available. The Board requested Mr. Watkins to check into prospective parking areas in the vicinity of the new Courthouse.

complaints

The letter from Miss Dorothy Gross regarding $300 in wages she feels is owed to her was referred to the County Attorney, Christopher Ford, for study and recommendation.

accounts

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the Clerk’s fee for fall term of Circuit Court in the amount of $13,700.90.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board accepted a check in the amount of $2,442.96, which is the balance on hand at the end of fall term of Circuit Court.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the purchase of a film for DWI School in the amount of $350.00 total, plus shipping charges from Chicago.

accounts

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved Judge McCormick’s request for the purchase of an IBM typewriter, as approved in his 1974-75 budget.

state agencies

A letter from Mr. John Boyd, Supervisor of the Detention Center, was presented to the Board. He requests the County’s financial assistance in the funding of the Region IV Cadet Program. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board denied Mr. Boyd’s request on the basis that it is a State Agency and it is the State’s obligation to fund the program.

reports

Mr. Watkins, Clerk, presented a report on the radar gun. Discussion was held. No action was taken at this time. The report compared the effectiveness of the radar gun and the vascar units.

contracts and agreements

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the right of way contract from the Department of Transportation for Job 11570-26-3; SR S-454A; from SR 19 to SR S-44A.

property appraiser

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the Certificates of Error and Correction Number 4257 thru 4259.

tax assessments

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board adopted a resolution cancelling taxes on certain land required by the City of Clermont for public purposes.

ordinances

Mr. Christopher C. Ford, County Attorney, presented an emergency Ordinance providing that the Animal Control Office or Sheriff may go on private property to secure large animals.

The Board members stated that they would like a chance to study the ordinance and, therefore, no action was taken at this time.

bids

Commr. Hoskinson stated that he would like the procedures changed for the opening of bids. The majority of the counties have the bids received and opened by the Clerk and after study and recommendation, the bids come before the Board of Commissioners.

Commr. Windram thought this procedure would work for annual bids but other bids should be opened by the Board.

The Board directed the County Attorney to check the legalities and the procedures for the Clerk to receive and open bids.

There being no further business to be brought before the Board, the meeting was adjourned at 5:25 p.m.

___________________________

J.M. Hoskinson, chairman

___________________________

James C. Watkins, Clerk