A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

july 8, 1975

The Lake County Board of County Commissioners convened in regular session on Tuesday, July 8, 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 Andrea Gambrell, Deputy Clerk.

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

county property

Commr. Burhans presented to the Board a request from the American Legion in Umatilla regarding repairs on their building which is owned by the County.  Commr. Burhans reported that he had received an estimate from the Building Inspector in the amount of $4,250 for the needed repairs.  Discussion was held.  The Board stated that this matter would be discussed later in the day.

bids

At 9:30 A.M. the Chairman announced that there was an advertised bid at this time.  The Clerk read the proof of publication.  The Chairman asked if there was anyone in the audience who wished to submit a bid.  There being no response, the bids were opened as follows:

            Rice Chevrolet            $3,950.00

            D.C. Waters Ford       $4,031.00

 

Immediately after the bid from Rice Chevrolet was opened, Mr. Lou Carabella, a representative from Rice Chevrolet, stated that his bid did not include the $150 trade-in.  However, the price would be six percent more if he was unable to secure a 1975 model.  Discussion was held.  Mr. Ford, County Attorney, explained to Mr. Carabella that if his company met the specifications and the bid was accepted, his company would be held to the bid he submitted.  Mr. Ford suggested he find out if there is a 1975 truck available that he bid on and inform the County by 3:00 P.M. today if he wished to withdraw his bid.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the bids were referred to the County Engineer to check for the specifications and to report back to the Board with his recommendation.

licenses and permits

Mr. William Hennessey, Pollution Control Director, appeared before the Board regarding a dredge and fill permit requested by Mr. Albert Buse.  Mr. Hennessey stated that his department had no objections to this permit being approved.  On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved for Mr. Buse to apply to the Internal Improvement Trust Fund for a dredge and fill permit upon the recommendation of the Pollution Control Department.

landfills

Mr. Hennessey presented to the Board a letter stating that the State has requested that chemical analyses be done on the test wells at the landfills.  He stated that Orlando Laboratories, Inc. will do the necessary tests at a cost of $165 and the Haines Testing Lab gave him a quote of $132.  He, therefore, requested approved for the expenditure of $132 to conduct the necessary analyses.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the expenditure of $132 for the chemical analyses to be done on test wells at the landfills.  The Board also requested that Mr. Hennessey contact the Orange County Pollution Control Department and find out if they are equipped to run these tests and would be able to do them for Lake County at a lesser cost.

At this time, Mr. Donoghue reported to the Board that he had been able to obtain a 30 day extension on the landfills in Astor and Clermont.

resolutions

Commr. Hoskinson presented to the Board a letter from Mr. Jerry Joiner, District Conservationist of the United States Department of Agriculture, regarding the RC&D Project for the East Central Florida area.  On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board adopted a resolution endorsing the RC&D Project.

accounts allowed

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the following transfers were approved from the General Revenue Fund:

Board of County Commissioners

$1,000 from #2101402 “Equipment” to #2101333 “Legal Advertising.”

 

County Attorney

$2,000 from #2103334 “Commissions, Fees & Costs” to #2103328 “Travel Expense.”

 

Elections

$75.00 from #2441205 “Supplies & Expenses” to #2441331 “Rental of Polling Places.”

$575.00 from #2441333 “Advertising” to #2441338 “Maintenance of Voting Machines.”

 

Local Landfill

$50.00 from #4210337-2-1 “Maintenance of Building” to #4210337-2-2 “Maintenance of Grounds.”

 

Local Mosquito Control

$25.00 from #4212337-3-2 “Maintenance of Grounds” to #4212329-3 “Dues.”

 

Animal Shelter

$600.00 from #5106208 “Medicine & Drugs” to #5106337 “Maintenance of Building.”

$315.00 from #5106326 “Food & Dietary” and $185.00 from #5106402 “Equipment” to #5106210 “Household & Kitchen Supplies.”

 

Welfare Services

$400.00 to #5221308-3 “Welfare Transportation”; $1,200.00 to $5221308-4 “Pauper Burials”; $6,000.00 to #5222315 “Medicaid-Hospital”; $500.00 to #4221308-5 “Other” from #5222316 “Medicaid-Nursing Home.”

 

Fairgrounds

$200.00 from #6102337-2 “Maintenance of Parks” to #6102337-1 “Maintenance of Buildings.”

 

Hyacinth Control

$100.00 from #6304201 “Gasoline, Lubricants & Other Propellants” to #6304204 “Supplies.”

$500.00 from #6304201 “Gasoline, Lubricants & Other Propellants” to #6304204 “Supplies.”

 

Homes for Infirm

$2,000.00 from #5223102 “Salaries” to #5223326 “Food & Dietary.”

$1,000.00 from #5222316 “Medicaid-Nursing Home” to #5223402 “Equipment.”

 

bonds

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved Contractor Bond #1276-75 for Curtis Lee Futch, Sr. (Electrical.)

county employees

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request from Michael Willett, Planning Director, to take his annual leave from August 1-15, 1975.

accounts allowed

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request from the Building Official to place an order with H.H. Block and Associates in the amount of $900 for certification examinations given on June 28, 1975.

hospitals

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the admission of Jose Natividad Monroe to the A.G. Holley State Hospital.

accounts-denied

The Clerk presented to the Board a travel request from the Civil Defense Officer to attend the Civil Career Development Program at the University of Southern Mississippi from August 4-15, 1975.  Commr. Hoskinson stated that he would like to speak with Mr. Quagliotti about this before any formal action is taken by the Board on this request.

insurance

Mr. Ford reported to the Board on the information he had acquired regarding the Builders Risk Insurance which the County has been advised to purchase.  Mr. Ford advised the Board not to place this insurance out to bids because it is in the construction process and the sooner the insurance is purchased the better it will be for the County.

Mr. Ford stated that there were three types of insurance, for example: fair, good, and excellent.  He advised the Board to purchase the best type of insurance possible because of the broader type of coverage available in this type of policy.  He also stated that the insurance classified as the best would include the Architects Error and Omissions Endorsement whereas the other two grades of insurance would not.  Mr. Ford then discussed with the Board members the aspect of theft and the deductible that would be in effect on this policy.

Discussion was held.  The Board requested that Mr. Ford look into the matter in more detail and possibly obtain a lower deductible amount on the insurance policy.

licenses and permits

On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board approved the following Utility and Driveway Permits as presented by the County Engineer:

            No.                  Permittee                                Purpose                                   Road

            732                  Florida Telephone Corp.        Aerial Cable                           3-5154

            733                  Florida Telephone Corp.        Aerial Cable                           5-7864

            734                  Florida Telephone Corp.        Aerial Cable                           5-7866

            4-225               Florida Gas Company            Gas Main                                4-5669

            3-227               Sumter Electric                      Electric Power Line                3-1039

            1-226               City of Leesburg                     Gas Line                                 1-6304

            1-228               City of Leesburg                     Water Main                            1-4619

            2-229               City of Leesburg                     Aerial Electric                        SR S-44

                                                                                    Power Crossing                     

            2-230               City of Leesburg                     Water Main                            SR S-44A

 

            Driveway Permits

            2-120               Coronet Motel                                                                        SR S-44A

            3-121               Bobby Don Hurley                                                                 SR S-48

            4-122               Geraldine Scott                                                                       4-3798

 

Commr. Carson abstained from voting because he is a member on the Board of Directors for the Florida Telephone Company.

roads-state

Mr. Donoghue, County Engineer, presented to the Board a resolution from the Department of Transportation regarding the 1980 Functional Classification of certain roads.  No action was taken at this time because Commr. Hoskinson stated that he would like time to study these maps.

schools-misc

Mr. Donoghue presented to the Board a request from the City of Umatilla for the placement of various signs and the establishment of school zones in Umatilla.  Mr. Donoghue stated that the total cost of the work involved would be $1,768.49.  Discussion was held.  The Board instructed Mr. Donoghue to inform the proper authorities that the County would comply with the request at a cost of $1,768.49 to be paid by the City of Umatilla.

roads-state

Mr. Donoghue presented to the Board for its approval and signature the typical section for the proposed work on SR S-565.  Discussion was held.  It was the Board’s opinion that the County would be able to complete the work in a shorter amount of time by allowing the County to do the necessary work.  On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the County Engineer was directed to inform the DOT that the County would do the necessary work on SR S-565 at the County’s expense and authorized the Engineer to proceed with the road work subject to the Engineer obtaining from the DOT a written letter stating that this met with the approval of the Department of Transportation.

right-of-way – easements

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board accepted the deed for the drainage easement in the Nooney Subdivision as presented by the County Engineer.

roads-subdivisions

Mr. Donoghue presented to the Board for approval the cost estimate for the repaving of Blaine Street, Richard’s Addition, Eustis.  The County Engineer stated that the cost estimate on a 1/3-2/3 participation basis was $8,028.00.  Discussion was held.  Commr. Windram requested that the County Engineer contact the residents in the area to inquire if they are interested in repairing the roads on a participation basis due to the fact that the initial request for the repair of this road was made by just one individual.

public health

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board authorized that all bills submitted by the Medical Examiner be held.

bids

The County Engineer reported to the Board his recommendation regarding the bids on the ¾ ton pick-up for Mosquito Control.  He stated that no one could meet the specification because the specifications were written wrong.  The Board postponed discussion of this matter until later in the day.

recess and reassembly

At 12:15 P.M. the Chairman announced that the commissioners would have lunch at the Silver Lake Golf and Country Club.  The public and press were invited on a dutch treat basis.

roads-subdivision

Mr. Jim Spillers of Holiday Haven Campsites in Astor appeared before the Board regarding the roads in this subdivision.  He stated that he would like the roads in Unit 3 taken into the County maintained system.  Mr. Larry Morey, Assistant County Engineer, stated that these roads had been brought up to County standards one year ago.  A performance bond was issued and it has now expired.  He stated that the roads are in good condition and would recommend that the roads in the Holiday Haven Campsites, Unit 3 be taken into the County maintained system.  On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board accepted the above mentioned roads into the County maintained system.

At this time, Mr. Spillers asked the Board if it could help the residents in the repair of the roads in Units 1 & 2.  He presented to the Board a letter from the post office stating that due to the condition of the roads, the mail to this area may become undeliverable.

zoning

Commr. Hoskinson announced that the advertised Zoning Violations would be postponed until 2:15 P.M.

roads-subdivision

The Board explained to Mr. Spillers that it would be unable to accept the roads in Unit 1 & 2 in their present condition.  Discussion was held.

The Board requested that Mr. Donoghue, County Engineer, obtain a cost estimate for the patching of these roads on a one time basis to be paid for by the residents and present these figures to the residents and to then report to the Board the residents’ decision.

zoning

zoning violation 75-51 – raymond d. byers

No one appeared before the Board regarding this case.  On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board found Mr. Byers in violation, declared him a public nuisance and gave him 30 days to comply with Ordinance 71-6.

zoning violation 75-60 – w.w. granger

Mr. Henderson, Code Enforcement Officer, stated the department was experiencing a constant problem with Mr. Granger.  He informed the Board that he is constantly placing mobile homes on his property and always removes them after the necessary steps have been taken then places another mobile home on the property and the process starts all over again.

Mr. Ford, County Attorney, stated that if he is constantly in violation of the Ordinance, the Board may want to consider having a restraining order issued.  Discussion was held.  On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board found Mr. Granger in violation, declared him a public nuisance and authorized that an injunction be issued if he does not cease violating Ordinance 71-6.

zoning violation 75-55 – jesse smith and georgiann carter

Mr. Virgil Hawkins appeared before the Board on behalf of Jesse Smith.  The Board explained to Mr. Hawkins that this trailer was moved in without the proper permits and that there were two dwellings on one building lot.  On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board found the above mentioned persons in violation, declared them a public nuisance and gave them 90 days to comply with Ordinance 71-6.

zoning violation 75-56 – john dallas and earl rogers

No one appeared before the Board regarding this case.  On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board found Mr. Dallas and Mr. Rogers in violation, declared them a public nuisance and gave them 30 days to comply with Ordinance 70-1 and 71-6.

zoning violation 75-53 – wanda mcbride shiver

No one appeared before the Board regarding this case.  On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board found Wanda Shiver in violation, declared her a public nuisance and gave her 30 days to comply with Ordinance 70-1.

zoning violation 75-58 – wilmer b. smith

No one appeared before the Board regarding this case.  On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board found Mr. Smith in violation, declared him a public nuisance and gave him 30 days to comply with Ordinance 71-6.

zoning violation 75-57 – samuel p. tousignant

Mr. George Skinner appeared before the Board to represent the area residents who wish the mobile home be removed from the property in question.  Discussion was held.  On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board found Mr. Tousignant in violation, declared him a public nuisance and gave him 30 days to comply with Ordinance 71-6.

appropriations

Mr. Watkins reported to the Board the status of the CETA Programs.  He stated that he had attended a meeting in Tallahassee and it was stated that all presently approved CETA positions would be funded and that Lake County would have $49,980 left from a grant of over $600,000.00 to fund new positions.  Commr. Carson requested that Mr. Watkins confirm his understanding that the County would not be responsible for positions which were approved by the State before the County became a Program Agent.  Mr. Watkins stated that it was his understanding that the County would be responsible for all positions since it was a Program Agent.  Commr. Carson requested that Mr. Watkins investigate this question and find out definitely if the County must take the responsibility for positions approved by the State because if it is, Commr. Carson would like to review these presently funded and approved positions to make any necessary changes to avoid the possibility of criticism.

Mr. Watkins stated that he was informed through this meeting in Tallahassee that the EEA positions are to be reviewed and if the position and employee are in existence for two years, the position is to be absorbed by the organization or municipality or dropped from funding.  Discussion was held.  The Board requested the Clerk to contact the necessary authorities and find out where the responsibility for these positions will lie.

bids

Mr. Donoghue reported back to the Board to discuss the ¾ ton pick-up truck for the Mosquito Control Department.  Discussion was held.  On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board rejected all bids submitted because they did not meet the specifications.  The Board stated that the re-advertisement of this vehicle will be conducted under the new bid procedure which was adopted on July 1, 1975.  The Board requested Mr. Donoghue organize a meeting of the various dealers to update the County’s specifications before this vehicle is advertised for bids.

At this time, Mr. Donoghue reported to the Board his recommendation on the bids received for the pick-up truck for the landfill.  He stated that the bids received did not meet the specifications as written by this department.  On a motion by Commr. Burhans, seconded by Commr. Windram and carried, the Board rejected all bids because they did not meet the specifications.  The Board requested the County Engineer to update these specifications and that the re-advertisement of this vehicle will be conducted under the new bid procedure adopted by the Board on July 1, 1975.  Commr. Deems voted “no.”

roads-county

Mr. Donoghue presented to the Board the cost estimate of the requested work on an unnamed road in S33, T18S, R29E.  On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the cost estimate of $2,024 and authorized the work to begin when the total amount of the money is received by the Finance Department from the residents and provided the clay can be obtained from the Paisley Clay Pit.

landfills

Commr. Hoskinson reported to the Board on the negotiations held with Postal Colony regarding the purchase of their property adjacent to the Log House Landfill.  A point of discussion was the grove located on this site.  The Board members stated that if the County purchases this property it would have no objection to Postal Colony caring and picking the fruit from the trees that are on the property until it is needed by the County for expansion of the landfill.  Discussion was held on what steps the County should take at this time regarding the above mentioned property.  On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved for the Attorney to obtain an opinion of value on the property adjacent to the Log House Pit.

roads-county

Mr. Donoghue presented to the Board a cost estimate of the work requested on Coronado Drive in Sorrento.  On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the cost estimate of $2,760 for Coronado Drive with the total cost being paid for by the residents.  The County will not be responsible for the continued maintenance of this road.

landfills

Mr. Donoghue reported to the Board that there is a landfill in Tangerine belonging to Orange County and they are requesting an easement through our clay pit in Tangerine which would give them an access road to this landfill.  He stated that Orange County has agreed to maintain this access road.  Discussion was held.  On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved for an easement to be issued to Orange County through the Lake County Clay Pit provided that the citizens of Lake County may use this landfill with the understanding that they will be expected to abide by the same rules and regulations regarding this landfill as the Orange County citizens.

county buildings

Mr. Donoghue reported to the Board that the American Legion in Umatilla had requested that the County build a boat ramp on the lake behind their building, which is owned by the County, in Umatilla.  A point of concern discussed by the Board was the fact that the American Legion had been given free use of this building by the County yet did not seem to take pride in its upkeep.  Another point of discussion was the fact that it was not being made available for public use.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, action on the request for certain repair work to be made at the County owned building was tabled until the County Attorney could research the lease and report to the Board on the provisions and advise them on who is allowed free use of the building.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the request from the American Legion in Umatilla for the County to build a boat ramp on the County owned property, which it is using, was denied.

maps and plats

Mr. Donoghue brought before the Board a proposed reciprocal agreement between Lake County and the Southwest Florida Water Management District for a no-charge exchange of maps and aerial photos.  On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the above mentioned reciprocal agreement subject to the County Engineer approving that each request is a reasonable one.

outdoor recreational facilities

Commr. Burhans stated that there was an individual who owned property on Lake Mack and was attempting to close the public park on the lake.  At this time, Commr. Burhans stated that he would like to present to the Board a petition signed by over 100 residents in the area opposed to the closing of this lake.

accounts allowed

On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board approved the expenditure of $200 for the removal of two tree stumps located in front of the existing Courthouse.  Commr. Deems voted “no.”

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved for the following vouchers to be paid:

insurance

Mr. Ford, County Attorney, stated that he had been in contact with Jack Jones, Architect, regarding the builders risk insurance and that the contractor’s agreement does not have this coverage included.  He further stated that he had called Lassiter-Ware and requested a premium quotation on a Builder’s Risk Policy with a $500 deductible.

hospitals

Mr. Ford reported to the Board on the matter involving the Northwest Hospital District regarding its taxing power.  He suggested that the Board file a petition for a declaratory judgment to be made by the Courts in settling this matter.  On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board directed the County Attorney to file suit to obtain a declaratory judgment or a ruling on the appropriate millage in the Northwest Hospital Taxing area.

insurance

Discussion was held on the writing of title insurance for the new Courthouse.  Commr. Hoskinson stated that there is a minimum amount for this insurance governed by the Insurance Commissioner’s Office.  Therefore, the County Attorney could write the title insurance for the County.  Discussion was held.  Mr. Ford stated that he would look into the matter further and report back to the Board his findings and recommendation.

There being no further business to be brought before the Board, the meeting was adjourned at 6:45 p.m.

___________________________

J.M. Hoskinson, chairman

 

___________________________

James C. Watkins, Clerk