A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 2, 1975
The Lake County Board of County Commissioners convened in regular session on Tuesday, September 2, 1975, at 9:00 a.m., in the Commissioners’ Room, Courthouse, Tavares, Florida. Present were: Jim 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.
outdoor recreational facilities
Mr. Ed Zagar from the Game and Fresh Water Fish Commission appeared before the Board with a request from Putnam County for permission to rent the Fish Tagging device that was purchased by Lake County. Discussion was held regarding a fair price for the rental of the piece of equipment. On a motion by Commr. Windram seconded by Commr. Carson and carried unanimously, the Board approved the rental of fish tagging device at a rate of $.2-1/2 per fish from 1-25,000 fish, $.02 per fish from 25,000-100,000 fish, and $.01-1/2 per fish over 100,000. However, the minimum charge for the rental of this machine will be $250. The Board informed Mr. Zagar that it would like to receive request from Putnam County in writing for the use of this machine, agreeing to the charges placed on the use of the tagging device and stating a definite time limit that this machine will be in use.
county tax collector
Mr. T. Keith Hall, County Tax Collector, appeared before the Board regarding the letter he received from the Board of County Commissioners concerning its policy of holding salaries in the 1975-1976 Fiscal Year. He stated that he would honor the County’s policy and amend his budget. Discussion was held
At this time Mr. Hall stated that the Tax Collectors’ office needs janitorial service and that if the County is unable to give his office service, he will amend his budget and allow funds for this needed service. He also discussed with the Board the possible solution to the air conditioning problem in his portion of the building.
Mr. Watkins stated that he would look into the situation and make the necessary adjustments so that the proper janitorial service was available and would also have his office look into the possible purchase of a unit to correct the air conditioning problem.
Commr. Hoskinson presented to the Board a notice of a public hearing regarding State Road 452A. This was referred to Commr. Windram.
Commr. Hoskinson read to the Board a letter he received from Prince George’s County, Maryland informing the Board that its staff enjoyed working with Mr. Evan Porter, Administrative Assistant, while an intern in the Labor Relations Program sponsored by the National Association of County Commissioners.
On a motion by Commr. Burhans seconded by Commr. Carson and carried unanimously, the Board approved travel for Van Porter to attend the State Association of County Commissioners’ meeting at the Hyatt House in Orlando September 22, 1975. Also, travel was approved for Van Porter to attend a meeting in Tallahassee September 3 & 4, 1975.
The Clerk informed the Board that Bruce Smathers, Secretary of State, would be in Lake County on September 30. He stated that apparently Mr. Smathers had time available and it was suggested that a meeting of the election workers be held in the Board of County Commissioners’ room to have Mr. Smathers review the election laws. The Board members felt that the room would not be large enough to hold the number of workers that would attend the meeting and that such a request should originate from the Supervisor of Elections. Mr. Watkins stated that this was a suggestion that had come to him through a reporter and would discuss this with Mrs. Emogene Stegall, Supervisor of Elections.
planning and zoning
Mr. Richard Langley, Attorney, appeared before the Board regarding the creation of a South Lake County Airport Authority. He informed the Board that a site for this airport was available. Discussion was held regarding what responsibility the County would have should the airport be built and not be able to maintain itself. Discussion was held. On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board authorized the County Attorney to meet with Mr. Richard Langley, Attorney, to work out a proposal regarding an airport authority for South Lake County for the Board’s consideration with no financial responsibility on the part of the County.
Commr. Hoskinson presented to the Board a memorandum from Dan Robuck, Attorney, regarding an anonymous phone call he had received over the weekend by an individual identifying himself as an employee of the County taking a survey of residents who own cemetery plots in Lake County. The Chairman requested that this memo be sent to J. Carl Smith, Executive Director of the Lake County Chamber of Commerce, informing him that the County has no knowledge of, nor has it authorized, such a survey. Mr. Ford stated that he would write to the various funeral homes informing them of same.
Mr. Ford reported that he had received the appraisal of the Log House Landfill. Mr. Ford stated that he would draw the contract to be executed by Postal Colony for the purchase of this land within the week. The Board requested that the Clerk notify Mr. Donoghue, County Engineer, that he is to continue his efforts in obtaining the necessary approval of his land for Landfill purposes from State Department of Pollution Control.
Commr. Hoskinson presented to the Board a letter from the Lake County School Board endorsing the request from the City of Leesburg for the placement of unused flashing school crossing signs on Alternate 44 at Leesburg East Middle School. Mr. Ford suggested that the County write to the City of Leesburg stating that it will install the signs as soon as the County receives a commitment from the City stating that it will maintain them. The Chairman requested that this matter be brought up for discussion when the County Engineer is present.
Commr. Hoskinson presented to the Board a letter from Robert Pierce, Public Defender, stating that the office space formerly occupied by the State Attorney’s Office on the fourth floor of the Courthouse was vacant and requested it be assigned for use by the Public Defender. The Board requested the Clerk to write to Mr. Gordon Oldham, State Attorney, and inquire about his intentions regarding the use of this vacant office which was established for use by his office.
Commr. Hoskinson brought to the attention of the Board the fact that the allotted item in the County’s Budget for the Lake County Chamber of Commerce is giving the citizens the impression that the County is contributing to the Chamber of Commerce whereas the County is actually budgeting this money for the management and care of the Fairgrounds. Discussion was held. The Board requested the Clerk to find out if this money could be redesignated under the title of Fairgrounds Management-Contracted Services. Mr. Watkins stated that he would report back to the Board on this request later in the day.
At this time the Chairman asked if the Clerk would have someone in his office compile a resume of the Budget noting where the additional money will be placed, etc. The Board stated that this would be needed in time for the next public hearing on the millage increase to be held on September 9, 1975 at 3:30 P.M.
autos and trucks
Commr. Hoskinson brought to the attention of the Board that in an effort to cut expenses the Board may want to consider curtailing the driving of County vehicles to and from work. The Board requested that a memo be sent to the Department Heads stating that the Board feels the Department Heads and Emergency Personnel only should be allowed to drive a County car to and from work, and request each Department Head to submit to the Board a list of those individuals under their jurisdiction that are assigned County Vehicles with their recommendation as to those who could be classified as Emergency Personnel.
planning and zoning
The Chairman presented to the Board a letter from Mrs. J.T. Ernest regarding the required size of a mobile home in Agricultural Zoning. Discussion was held. The Board stated that when the ordinance was passed which required a minimum of 850 square feet of which 300 square feet could be screened room, garages, carports or utility area. Some zones were omitted, and it is now in the process of being changed to include all zoning areas. Commr. Deems stated that he had referred his letter from Mrs. Ernest to Michael Willett, Planning Director, and requested that an appropriate answer be sent to Mrs. Ernest.
On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board requested the Clerk to notify the Planning and Zoning Department that it was the Board’s intent to have all zoning districts included the aforementioned change and requested that the necessary Ordinance amendment be drawn.
The Chairman announced that he had received a Hurricane Emergency Operations booklet from the Civil Defense Director and that any Commissioner who wished a copy could obtain one from the Civil Defense Director.
recess and reassembly
At 12:00 Noon the Chairman announced that the Commissioners would adjourn for lunch at the Green Tile Restaurant in Eustis. The public and press were invited on a Dutch treat basis.
Commr. Burhans brought to the attention of the Board that Mrs. Helen Taylor, Clerk-Typist, at the Agricultural Center is resigning effective September 5, 1975, and Mr. Jack Haddox is requesting that she be paid for nine (9) days of unused annual leave which is in line with the County Policy. On a motion by Commr. Burhans seconded by Commr. Deems and carried unanimously, the Board accepted the resignation of Mrs. Taylor and authorized the payment of nine (9) days unused annual leave subject to this being the County Policy.
Commr. Windram stated that he had conferred with Mr. Roy Caldwell, Attorney for Sumter Electric, and it was agreed that Lake County would expend funds in the amount of $12,000 from the Secondary Road Funds for the Movement of the Utility lines on the Youth Camp Road in Lake County. The Board requested Mr. Donoghue receive confirmation from the DOT allowing the County to use these funds for this purpose.
At 2:00 P.M. the Chairman announced that it was time for the legally advertised Road Closing. The County Attorney stated that proof of publication had been received. The description of the road is as follows:
THE E. 155’ OF SUNRISE DRIVE AND THE W. 140’ OF SOUTHWIND DRIVE BOTH ACCORDING TO THE REPLAT OF BREEZY SHORES SUBDIVISION AS RECORDED IN PLAT BOOK 14, PAGE 38, PUBLIC RECORDS OF LAKE COUNTY FLORIDA.
Mr. Gunard C. Brautcheck appeared before the Board and presented a petition from the abutting property owners in Breezy Shores and Joanna Shores agreeing to the closing of the aforementioned streets, as well as a statement from the abutting property owners in which they agree to deed to Breezy Shores Subdivision Property Owners or Association a permanent easement in order to give these residents access to the Lake. Discussion was held.
No one appeared before the Board in opposition to this road closing. Commr. Windram asked if Mrs. Knight, who in the past had been opposed to this closing, was notified. Mr. Brautcheck stated that he had spoken to Mrs. Knight and explained what was planned and that she stated if she had any objections she would attend the public hearing.
Mr. Ford stated that in order to accomplish the intent of the closing and to protect the property owners the necessary deeds for until next week and at that time have the deeds recorded and the roads closed.
On a motion by Commr. Windram seconded by Commr. Burhans and carried unanimously, the road closing was postponed until Tuesday, September 9, 1975, at 11:30 A.M.
Michael Willett appeared before the Board and stated that there was a policy practiced in the Engineering Department which allowed the County Engineer to waive the Improvement Plan requirements and the paving of roads in a subdivision of five lots or less containing five acres or more, however, according to the Zoning Rules and Regulations the County Engineer only has the authority to waive Improvement Plan requirements. Extensive discussion was held on this matter. Commr. Hoskinson rephrased the policy that has been practiced as follows: Lots, regardless of zoning, can be divided into five parcels or less, having a minimum size of five acres per parcel. Dedication of an access should be made to the public rather than to the County, therefore creating legal building lots which enables the County Engineer to waive Improvement Plan requirements as well as the road paving requirements.
On a motion by Commr. Burhans seconded by Commr. Deems and carried the Board approved the continuation of the policy that a division of land into five parcels or less having a minimum area of five acres or more, not including the dedication of legal access, gives the County Engineer the authority to waive any or all improvement requirements. The Board also approved for any Emergency Ordinance be drawn to correct the Regulations as they are now written. Commr. Hoskinson and Commr. Carson voted “no.”
On a motion by Commr. Carson seconded by Commr. Deems and carried, the Board approved the Garbage Franchise for Leroy Riffle. Commr. Burhans was out for the vote.
Licenses and permits
no permittee purpose road number
741 Florida Telephone Corp. Aerial Cable 4-6280
742 Florida Telephone Corp. Aerial Cable 4-5781
743 Florida Telephone Corp. Aerial Cable S-439
1-237 City of Leesburg Aerial Wire S-466A
3-239 W.B. Harmon Irrigation Line 3-1040
5-236 Mac Yarborough Water Line 5-6860
2-127 Tucker’s Heavy Equipment Service Inc. S-468
Commr. Carson abstained from the discussion and voting due to the fact that he serves as a member of the Board of Directors of the Florida Telephone Corporation. The proper Conflict of Interest forms have been filed with the Ethics Committee in Tallahassee.
Mr. Donoghue presented to the Board a petition from the property owners on an unnamed road in Lake County requesting that the road be named FOXFIRE LANE. On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board approved the naming of an unnamed road in District #5 as FOXFIRE LANE.
Mr. Donoghue reported to the Board that he had contacted the Department of Transportation and that if the Board placed Youth Camp Road into the County’s Secondary System these funds could be used to move the Utility Lines in order to make the necessary improvements on this road.
On a motion by Commr. Windram seconded by Commr. Burhans and carried unanimously, the Board adopted a resolution placing the Youth Camp Road into the Secondary System and authorized the expenditure of funds in the amount of $12,000 for the moving of the Utility Lines on this road.
On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board approved the following Cancellations and Transfers:
CANCEL Road and Bridge Warrant #939 in the amount of $2.35 to Stephen Hardware.
CANCEL Fine & Forfeiture Warrant #556 in the amount of $12.32 to Jessie Andrews for witness fee.
CANCEL Fine & Forfeiture Warrant #663 in the amount of $12.00 to Ralph Markley Bosh for Juror County Court.
CANCEL Fine & Forfeiture Warrant #743 in the amount of $7.40 to James R. Keneipp for witness fee.
CANCEL Fine & Forfeiture Warrant #793 in the amount of $7.40 to Charles R. Lockwood, Jr. for witness fee.
transfers in general revenue
COUNTY COMMISSIONERS Transfer $700 from #2101330-2 “Insurance County Buildings” to #2101204 “Supplies not Otherwise Specified” also $650.00 to #6102337-1 “Maintenance of Fair Building”
CIVIL DEFENSE Transfer $125 from #3991102-1 “Salary, Director” to #3991334 “Telephone”
MOSQUITO CONTROL-LOCAL $6,000 FROM #4212201-3 “Gasoline, Lubricants & Other Propellants” to #421202-3 “Salaries”
SOIL CONSERVATION Transfer $100 from #6303328 “Travel” to #6303335 “Telephone” Transfer $11.25 from #6303328 “Travel” and $100 from #6303205 “Office Supplies & Expenses” to #6303402 “Equipment”
LANDFILL-LOCAL Transfer $4,300 from #4210341-2 “Contracted Services” to #4210102-2 “Salaries” and $200 to #4210105-2 “Matching Costs”
COUNTY COMMISSIONERS Transfer $25,5000 from Contingency to #2101105 “Contributions Retirement and Social Security”
CLERK OF CIRCUIT COURT Transfer $189.31 from #2320205 “Office Supplies Expenses” to #2320338 “Maintenance of Equipment”
AUTO INSPECTION Transfer $125 from #3441402 “Equipment” to #3441205” Office Supplies & Expenses” and $625 to #3441338 “Maintenance of Equipment”
WELFARE SERVICES. Transfer $850 from #5221309-3 “Inpatient Hospital Services” to #5221308-1 “Food”
FINE AND FORFEITURE FUND
TRANSFER $1,050 from Contingency to #2101102 “Salary, Animal Control Officer”
TRANSFER $11,000 from Contingency to #2322334-2 “Fees, Court Reporter”
ROAD AND BRIDGE FUND
TRANSFER from contingency:
a. $15,310.00 to #4102203-1 “Maintenance of Roads”
b. $40.00 #4102320 “Dues & Membership”
c. $500.00 to #3102337-1 “Maintenance of Buildings”
d. $700.00 to #4104404 “Right of Way or Easement”
On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board approved for the County to pay $30 a piece for Ronald Ralph and Bill Tucker to attend Lake Sumter Community College subject to them signing an Employment contract with the County for a period of three months from the completion of their course.
Mr. Donoghue requested that the Board instruct him regarding the charge for the use of the County Landfill sites. Discussion was held. The Board members felt that if the public and municipalities were going to be charged the county should estimate how much revenue would be generated and decrease the ad valorem taxes; however, it could not be done in this fiscal year. Further discussion was held. On a motion by Commr. Windram seconded by Commr. Burhans and carried unanimously, the Board stated that in the fiscal year 1975-1976 the charges will remain the same, that is, $.40 a cubic yard for commercial refuse companies and the municipalities and the public will be allowed to use the landfills free or charge. However, the Clerk was instructed to notify the various municipalities informing them that in the 1976-1977 Fiscal Year a charge will be instituted on a basis to be determined by the County for the use of the landfills and the charge is not expected to be less than $1.00 per cub yard.
machinery and equipment
Mr. Donoghue requested permission to advertise for two tractors: One to be used by the Landfill and the other by the Road and Bridge Department. Discussion was held. Commr. Deems requested that the Board not take any action on this matter because he felt that there was used equipment available for purchase that would accommodate the needs of the County at this time. On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board rescinded its action of August 12, 1975 for the advertisement of a new transfer station.
autos and trucks
Mr. Donoghue reported to the Board on the bids received August 29, 1975 for a 1/2 ton pickup truck. He stated that Cecil Clark Chevrolet was the lowest bidder meeting all specifications. On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board accepted the bid from Cecil Clark Chevrolet at $3,958.31 being the best and lowest of those received and meeting all the specifications.
At this time the County Engineer reported to the Board on the Bids received for a 3/4 ton four wheel drive truck. He stated that no bidder met the specifications. The Commissioners discussed the matter.
At 4:45 P.M. Commr. Hoskinson left the meeting to make a telephone call.
autos and trucks
The Board resumed discussion on the specifications for the 3/4 ton four wheel drive truck. On a motion of Commr. Carson, seconded by Commr. Deems, and carried, the Board rejected all bids received because they did not meet specifications and authorized the County Engineer and Mosquito Control Director to obtain quotations on a 3/4 ton four wheel drive pickup truck that is available for immediate delivery.
Mr. Donoghue presented to the Board a letter from Mrs. Ruth J. Williams expressing an interest to purchase Lot #16 which is owned by the County in Unser Subdivision. Commr. Windram stated that he remembers the letter and would to look into the matter before any final action is taken.
roads – county
Mr. Donoghue discussed with the Board the 1975 resurfacing program. He stated that there was a surplus of approximately $68,000 and he would like to submit the proposed additions as listed on the resurfacing program.
At 5:00 P.M. Commr. Hoskinson returned to the meeting.
roads – county
On a motion of Commr. Carson, seconded by Commr. Deems, and carried unanimously, the Board approved the extension of the resurfacing contract to include the roads as submitted by the County Engineer with the exception of Peru Road in District #5, which the Board requested the County Engineer replace with the next road within the County that needs paving.
Commr. Hoskinson brought to the attention of the Board that there was going to be a meeting regarding Hull Road on September 3, 1975 at 10:00 A.M. in Brooksville. He stated that he was planning on extending this meeting with the County Attorney and the County Engineer.
On a motion of Commr. Carson, seconded by Commr. Burhans, and carried unanimously, the following Contractor bonds were approved:
442-76 Fritz Egner dba Tile and Dry Wall Company
1293-76 Boyce Glossom dba Bell Plumbing Company
1294-76 Vernon D. Love dba Bud’s Plumbing
1295-76 David R. Raulerson dba Raulerson Roofing Company, Inc.
1296-75 George W. Burroughs
1297-76 Sam S. Bennett Jr. dba S. Electric
On a motion of Commr. Carson, seconded by Commr. Burhans, and carried unanimously, the Board approved the cancellation of the following Contractor bonds:
119-75 John O. Smith
125-75 Roland O. Cousineau, Qualifier, Air Flow Designs, Inc.
138-75 Lyle D. Tinney dba Tinney and Son Plumbing
172-75 Fred Byerlee
192-75 Howard L. Ehler
246-75 Robert D. Walker
569-75 Marcus Evans
604-71 Millard Douglas
607-74 Charles A. Screws
629-75 Howard E. Horton
859-75 Jim H. Ray, Sr. dba Suburban Septic Service
922-75 Gary M. Kkay, Inc.
926-75 John Calton Wilson dba United of Florida, Inc.
935-75 Vaughn R. Snell
1202-75 Dick Harper dba Cee Jay Custom Pools
On a motion of Commr. Carson, seconded by Commr. Burhans, and carried unanimously, the Board approved Deputy Sheriff Bonds for Sherry M. Bartholomew and Albert E. Fogle.
The Clerk presented a letter from the Town of Lady Lake requesting permission to borrow two surplus radios from the County on a temporary basis until it can upgrade its communication system from L.E.A.A. funds. On a motion Commr. Carson, seconded by Commr. Burhans, and carried unanimously, the Board approved the above request.
The Clerk presented to the Board a formal request from the City of Mount Dora requesting a change in the CETA positions. It would like to change the request of a Fire Department laborer to a full time Fireman with an adjustment of funds. On a motion of Commr. Burhans, seconded by Commr. Carson, and carried unanimously, the Board approved the above request if the change is feasible according to the action previously taken by the Board in establishing priorities of the various requested CETA positions.
On a motion of Commr. Carson, seconded by Commr. Burhans, and carried unanimously, the Board approved the purchase and installation of one fan unit for the men and women’s restrooms in the auditorium of the Agricultural Center at a cost of $150.00.
On a motion of Commr. Carson, seconded by Commr. Burhans, and carried unanimously, the Board approved the admission of George Leo Kitchen to the A. G. Holley State Hospital.
planning and zoning
On a motion of Commr. Carson, seconded by Commr. Burhans, and carried unanimously, the Board approved the request from Mr. Paul Tucker to live in a mobile home while building a conventional dwelling unit on five acres located in the Fruitland Park area.
On a motion of Commr. Burhans, seconded by Commr. Deems, and carried unanimously, the Board approved the purchase of a Honeywell Pentax camera to be used by the Lake Soil and Water Conservation District from Leeds in Orlando at a cost of $256.90 being the best of three quotations submitted. Other quotations on file in the Minute Folder of September 1975.
On a motion of Commr. Carson, seconded by Commr. Burhans, and carried unanimously, the Board approved the cancellation of the following Deputy Sheriff bonds:
J. D. Bales, Sr. Marcus L. Peters
Callis W. Brooks Joe Frank Short
Paul L. Frost, Jr. Gloria Courtoy
George T. Gordon Luches L. Hulett
Eugene G. Roggelin Clifford G. Olmstead
Herman D. Ledford
Commr. Deems brought to the attention of the Board that in December of 1963 the Board of County Commissioners closed and vacated land in Belleaux Park and Joanna Park and authorized barricades to be installed to prevent the use of the land as public parks. However, the residents are having difficulty in keeping the public out and requested that the County place signs informing the citizens that the land in question is not a public park. Discussion was held on the question that this portion of land was deeded to the County in which there was a reverter clause stating that if this land was ever vacated it would revert back to the Belleaux Estates. This was referred to the County Attorney for his investigation and recommendation to the Board.
Commr. Hoskinson stated that he had been informed that a pair of gold candle sticks had been damaged by the Mosquito Control Department while it was spraying in a certain area of Lake County. Commr. Hoskinson stated that Mr. Phil Yoder, Director, had the citizen’s name and one of the candle sticks which the resident would like to have the County replace. This was referred to the County Attorney for handling.
Commr. Windram stated that Mr. Phillip Roundtree, a County employee, had died and requested that an appropriately worded resolution be sent to his widow. On a motion of Commr. Carson, seconded by Commr. Windram, and carried unanimously, the Board adopted a Resolution commending Mr. Roundtree for his loyal service to Lake County.
contracts and agreements
Mr. Ford brought to the attention of the Board that the County leased to the Department of Highway Safety and Motor Vehicles in 1973 a parcel of land which is the site of the new complex to house the Division of Motor Vehicles. He further stated that in this agreement it stated that the amount of liability insurance which they would have to cover. It has been requested that this amount be lowered since it is in excess of what is required by Florida Statutes. Mr. Ford stated with the nature of business they will be conducting he would recommend that the Liability Insurance remain the same and not be lowered. The County Attorney stated that he would write a letter to the appropriate authority and inform them of same.
There being no further business to be brought before the Board, the meeting was adjourned at 5:15 p.m.