A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
NOVEMBER 4, 1975
The Lake County Board of County Commissioners convened in regular session on Tuesday, November 4, 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; David Cauthen, Acting County Attorney; and Andrea Gambrell, Deputy Clerk.
The Invocation was given by James R. Carson, Jr., who also led the Pledge of Allegiance to the Flag.
minutes
On a motion by Commr. Burhans seconded by Commr. Carson and carried unanimously, the minutes of the regular meeting of October 7, 1975 were approved as amended.
checks received
At this time the Clerk presented to the Board a check in the amount of $10,000 which has been forwarded to the County from the estate of the late Doctor Howard J. Crum as a bequest to the Lake County Animal Shelter. On a motion by Commr. Burhans seconded by Commr. Windram and carried unanimously, the Board accepted the check in the above amount, authorized the Chairman to sign the receipt for this check and authorized the Clerk to place these funds in a 90 day Certificate of Deposit which offered the highest possible interest rate.
minutes
On a motion by Commr. Deems seconded by Commr. Carson and carried unanimously, the minutes of the regular meeting of October 14, 1975 were approved as amended.
public health
Commr. Hoskinson presented to the Board a copy of a letter from Dr. William Schutz, Medical Examiner, to the County Attorney regarding the fees for his services which are charged to the County. The Commissioners indicated that they had received a copy of this letter.
county employees
The Chairman presented to the Board a letter from Mr. Glenn Middleton, Building Official, to Mr. Howard Rigdon a County Building Inspector, informing him of his termination effective November 15, 1975, due to the unacceptable work which he has been performing. This was read and filed.
public health
Commr. Deems discussed briefly with the Board the meeting he and Mr. Ford had with the Medical Examiner. At this time Commr. Hoskinson stated that he had spoken with Senator Glisson and that he was planning to introduce Lake County’s proposed legislation in the Senate. However, Commr. Hoskinson stated that it was indicated to him that this was going to take the form of a local bill. The Board requested that the County Attorney look into this matter and inform Senator Glisson that Lake County intended this to be a General Act rather than a Local Act.
communications
Commr. Hoskinson presented to the Board a letter from the State Association of County Commissioners regarding a meeting in Tampa of the House Committee on Local Government Financing on November 14, 1975. The letter urged counties to have a representative present.
The Chairman presented to the Board another letter from the State Association of County Commissioners regarding a meeting in Orlando on November 13, 1975 dealing with Municipal Courts and another meeting in St. Petersburg on November 18, 1975. Mr. Watkins stated that he would arrange representation at both meetings.
Commr. Hoskinson stated that there was going to be a meeting on November 19, 1975 at 9:00 A.M. at the Orlando Jetport Inn, with the House Subcommittee on Human Rights. The above meeting was referred to the Clerk.
county property
Mr. Terry McCauslin and Mr. Jim Livingston of the Eustis Gun Club appeared before the Board regarding the possible use of a piece of County Property for the purpose of transforming it into a shooting range. Mr. Dave Cauthen, Acting County Attorney, stated that he had discussed this matter with Mr. Ford and that they felt the County would be unable to allow a piece of County property be used totally by a private organization.
Discussion was held. The Board requested that the County Attorney contact Mr. McCauslin and Mr. Livingston to discuss this matter and if the County Attorney feels it is feasible for the County to grant this request Mr. Ford is requested to bring a recommendation to the Board for its approval.
planning and zoning
Mr. Willett, Director of Planning, appeared before the Board and stated that according to the Local Government Comprehensive Planning Act of 1975 the Board must appoint a member to the Technical Advisory Committee. On a motion by Commr. Windram seconded by Commr. Deems and carried unanimously, the Board appointed Mr. Michael Willett or his designee to serve as the representative for Lake County on the Technical Advisory Committee.
At this time Mr. Willett stated that each municipality had to submit a comprehensive plan. He informed the Board that the Planning and Zoning Department would be able to assist the municipalities in the preparation of a plan but would have to know in advance what, if anything, would be expected from his Department and, therefore, requested permission to write to the municipalities stating a deadline for their requests for assistance to be submitted to the Planning and Zoning Department. This request met with approval from the Board.
Mr. Willett presented to the Board a request from Mr. Frederick E. Lane for permission to live in a mobile home on the same piece of property where his conventional dwelling is being constructed. On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board approved the request from Mr. Lane provided that the required bond is posted and that the mobile home is removed immediately upon completion of the conventional home or upon request by the Lake County Board of County Commissioners.
outdoor recreational FACILITIES
Commr. Burhans presented to the Board a request from the City of Umatilla for Boating Improvement Funds in the amount of $5,800 be allocated to Umatilla for the construction of a concrete pier on Lake Umatilla. On a motion by Commr. Carson seconded by Commr. Windram and carried unanimously, the Board approved for this request to be placed in the proposals to be submitted to the Board by the Planning and Zoning Department on January 13, 1976.
prisoners
Commr. Windram presented to the Board a letter from the Lakes and Hills Garden Club requesting that the prison crew mow the weeds on the right of way on old Highway 441. Commr. Windram stated that this is an annual request and that because it is a secondary road the County is responsible for it. The request met with approval from the Board. Commr. Windram instructed the Clerk to inform the County Engineer that the Board would like him to contact Mrs. Kinder of the Lakes and Hills Garden Club and inform her when this work would be done.
water pollution
On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board stated that it had no objection to the construction of a seawall by Mr. Otis H. Green and Mr. Eugene F. Mumaw of Leesburg to protect their property from erosion as recommended by the Director of Pollution Control.
machinery and equipment
Mr. William Hennessey, Pollution Control Director, appeared before the Board requesting permission to enter into a rental contract with the IBM Corporation for a more efficient copier in his Department. Discussion was held. The Board requested that Mr. Hennessey return with figures on the cost of the operation and cost of copies for each machine before any final action was taken.
Commr. Hoskinson stated that he had been contacted by the Lake Louisa Security Patrol requesting permission to use several of the radios turned over to the County by the Sheriff’s Department. The Chairman stated that he had spoken with Chief Deputy Tanner and that it had been suggested that the County place a freeze on the allocation of these radios because the Sheriff’s Department may need them due to the problem existing in South Lake County at this time.
The Chairman requested that this item be placed on next week’s agenda at a specific time and that a letter be written to the Sheriff requesting his comments and recommendations concerning these radios.
bonds
On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the following Contractor Bonds were approved:
1193-76 Norman E. Lewis
1204-76 Richard L. Walker
1338-76 K & E Construction, Inc.
1339-76 R.D. Chappell dba Allweather, Inc.
1340-76 C.W. Overton dba C.W. Overton, Building Contractor
1341-76 George Powell c/o Phillip Kerr Construction
1342-76 Llye J. Burdick
1343-76 Vicki Pinnel dba Pro-Tek Aluminum Trim, Inc.
1344-76 W. Lee Humphrey
1345-76 Marland J. Braksick
1346-76 Sanford J. Lederman dba Timbersteel Buildings, Inc.
1347-76 Billie Wayne Tanner dba B.A.C. Air Conditioning & Heating
1348-76 Lawrence M. Marks dba Marks-Seiden Construction Company
1349-76 Thomas M. Hart dba Hart Electric
On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the following contractor Bonds were cancelled:
16-76 Jess Pullum dba Pullum Plumbing Company
171-75 Robert Ray Ellison
298-75 James Weekley dba Jimmie’s Sign Service
370-75 Robert W. Harper dba Harper Plumbing & Heating Company
585-75 William R. Solitro dba Southern Heating & Air Conditioning
613-75 Everett E. Poling
616-75 Don Andrews
889-74 Paul L. Smyth
925-75 Kenneth Hatcher
1074-76 Allan Darcey dba Darcey Electric
1086-76 Donald Walters
1106-74 Floyd W. Wishon dba H & W Masonry
1224-75 Alvin E. Harris dba Whilco Homes, Inc.
1240-75 Raman Enterprises Inc. and David Stewart
1247-75 John T. Norman dba Norman Electric
bonds
On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board approved gun permits for the following: Albert Wass de Czege, Roger William Conner, Jean Morse, Gerard K. Kelch, Dwight B. McDuffie, Elizabeth M. Wass de Czege, Irving Morse, Charles Broadway, Fred C. Smith and George P. Klasen.
On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board approved the $500 Gun Permit Bond for the following: Dwight B. McDuffie, Gerard K. Kelch, Irving Morse, Roger William Conner, Fred Smith, Charles Broadway, Jean Morse, George Klasen, Albert Wass de Czege and Elizabeth M. Wass de Czege.
On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board approved the Deputy Sheriff Bond for Mary Lou Morris.
bonds
On a motion by Commr. Windram seconded by Commr. Carson and carried unanimously, the Board approved the cancellation of the firearm bond for Nollie Shaw effective November 13, 1975.
reports
The Board accepted the monthly report from the Youth Programs, Inc. for the month of September.
hospitals
On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board approved the admission of Vonell Martin to the A.G. Holley State Hospital.
On a motion of Commr. Windram seconded by Commr. Carson and carried unanimously, the Board approved the admission of Bonice Beasley to the A.G. Holley State Hospital.
audits
On a motion by Commr. Windram seconded by Commr. Carson and carried unanimously, the Board accepted the audit report of the Lake County Property Appraiser for the period beginning January 2, 1973 and ending April 30, 1974.
contracts and agreements
On a motion by Commr. Burhans seconded by Commr. Carson and carried unanimously, the Board approved the cancellation of Addendum No. 2 in the Cooperative Equipment Lease with Pine Lakes Volunteer Fire Department.
accounts allowed
On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board approved the purchase of 1,000 “Alcohol Abuse” pamphlets to be used in the D.W.I. School at a cost of $200.
On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board approved the second installment in the General Revenue Fund for advances to the Tax Collector in the amount of $14,535.22.
On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, travel was approved for Phil Yoder to attend the Training Program, Florida Medical Entomology Lab at Vero Beach, November 17-19, 1975 and the Florida Anti-Mosquito Association Fall Conference in Vero Beach on November 19, 1975.
public health
On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board approved and granted Certificates of Need and Necessity to the Waterman Memorial Hospital Ambulance Service, the South Lake Memorial Hospital Ambulance Service and the City of Leesburg Ambulance Service.
proclamation
On a motion by Commr. Deems seconded by Commr. Carson and carried unanimously, the Board proclaimed November 10-14, 1975 as FARM CITY WEEK.
MUNICIPALITIES
On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board adopted a Resolution in accordance with Florida Statute 171.062 (2) (1974) in which the County declares that it has no objection to the rezoning of the property described as follows:
THAT PART OF THE WEST 1/2 OF THE NW 1/4 OF THE NW 1/4 OF SECTION 28, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LYING SOUTH OF STATE HIGHWAY 44.
ALSO, THE NORTH 420 FEET OF THE WEST 210 FEET OF THE SW 1/4 OF THE NW 1/4 OF SECTION 28, TOWNSHIP 19 SOUTH, RANGE 24 EAST, ALL IN LAKE COUNTY, FLORIDA.
which is now annexed into the City of Leesburg.
ALLOCATIONS
On a motion by Commr. Carson seconded by Commr. Windram and carried unanimously, upon the recommendation of Mr. Evan Porter, the Board approved the request from the City of Tavares for a change in the requested position for a Policeman in the City of Tavares to include the approval of funds in fringe benefits to cover uniforms.
On a motion by Commr. Burhans seconded by Commr. Carson and carried unanimously, upon the recommendation of Mr. Evan Porter, the Board approved the request from the City of Leesburg to use the funds allocated for a Civil Engineer to employ a Secretary for the Police Department and Laborer for the Public Works Department and to use the funds allocated for a Switchboard Operator to employ a Laborer-Water Distribution.
road closings
Mr. Robert Stebbins, Attorney, appeared before the Board at 2:00 P.M. regarding the advertised road closing of a portion of Vincent Drive in the Golden Heights Subdivision.
At this time Mr. Stebbins presented to the Board the proof of publication which was read by the Clerk as follows:
THAT PART OF VINCENT DRIVE ACCORDING TO PLAT OF FIRST ADDITION TO GOLDEN HEIGHTS RECORDS IN PLAT BOOK 14, PAGE 34, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, LYING WITHIN LOTS 19 AND 20 ACCORDING OT PLAT OF THIRD ADDITION TO GOLDEN HEIGHTS RECORDED IN PLAT BOOK 18, PAGE 18, PUBLIC RECODS OF LAKE COUNTY, FLORIDA.
No one appeared before the Board in opposition to this road closing. On a motion by Commr. Windram seconded by Commr. Deems and carried unanimously, the Board approved the closing of the above described road.
maps and plats
The Chairman announced that the advertised time had arrived for the Board to consider the closing of the Plat of Reeve’s Subdivision. The Clerk read the proof of publication which is as follows:
FROM THE SW CORNER OF LOT 12, BLOCK 18 OF REEVES SUBDIVISION OF SORRENTO AS RECORDED IN PLAT BOOK 1, PAGE 32, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, RUN EAST 268 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF MERRIMACK STREET, SAID POINT BEING THE POINT OF BEGINNING OF THIS DESCRIPTION. RUN SOUTH 51 FEET, RUN WEST 173 FEET, RUN SOUTH TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF DOANE AVENUE RUN EAST TO THE NE CORNER OF BLOCK 32, RUN NORTH TO THE SE CORNER OF BLOCK 1, RUN WEST TO THE SE CORNER OF BLOCK 2, RUN SOUTH TO THE SE CORNER OF BLOCK 15, RUN WEST TO THE SW CORNER OF LOT 16, BLOCK 15, RUN SOUTH TO A POINT 50 FEET SOUTH OF THE NW CORNER OF LOT 9, BLOCK 18, RUN EAST TO A POINT ON THE WEST RIGHT OF WAY LINE ON MERRIMACK STREET RUN SOUTH TO P.O.B.
No one appeared before the Board in opposition to the closing of this Plat. On a motion by Commr. Deems seconded by Commr. Windram and carried unanimously, the Board approved the vacating of the Plat of Reeves Subdivision as described above.
licenses and permits
On a motion by Commr. Windram seconded by Commr. Deems and carried, the Board approved the following Utility and Driveway Permits:
permit no. permittee purpose road
749 Florida Telephone Corp. Buried Cable &
Carrier site S-468
750 Florida Telephone Corp. Buried Cable &
Carrier site 1-8010
751 Florida Telephone Corp. Aerial Cable 2-5105
752 Florida Telephone Corp. Aerial Cable S-468
753 Florida Telephone Corp. Aerial Cable S-44B
754 Florida Telephone Corp. Buried Cable 4-7688
755 Florida Telephone Corp. Buried Cable 4-7187
1-245 Sumter Electric Co-op K.V. Distribution Line 1-7114
1-7014
5-246 Sumter Electric Co-op K.V. Line 5-7878
DRIVEWAY PERMITS
1-135 City of Fruitland Park DR 1-6006
4-136 William J. Ten-Hoopen DR 4-4581
Commr. Carson abstained from the vote because he is a member of the Board of Directors of the Florida Telephone Corporation and has completed the necessary Conflict of Interest forms which have been filed with the Ethics Committee in Tallahassee.
roads-state
On a motion by Commr. Burhans seconded by Commr. Deems and carried unanimously, the Board approved the execution of the Right of Way Contract and County Resolution for State Road 50 from SR 561 to intersection with SR 25 in Clermont, as submitted by the Department of Transportation and recommended by the Assistant County Engineer.
On a motion by Commr. Deems seconded by Commr. Burhans and carried unanimously, the Board adopted the Resolution and approved the execution of the County Deed and Right of Way Map for SR S-452A as submitted by the Department of Transportation and recommended by the Assistant County Engineer.
On a motion by Commr. Deems seconded by Commr. Burhans and carried unanimously, the Board adopted the Resolution and approved the execution of the County Deed and Right of Way Maps for State Road 19 as submitted by the Department of Transportation and recommended by the Assistant County Engineer.
On a motion by Commr. Burhans seconded by Comr. Deems and carried unanimously, the Board adopted the Resolution and approved the execution of the County Deed and Right of Way Maps for State Road 40 as submitted by the Department of Transportation and recommended by the Assistant County Engineer.
DEEDS
On a motion by Commr. Windram seconded by Commr. Deems and carried unanimously, the Board approved the release of Murphy Act Deed 2032 on DR 1-1730 except for 33 feet from the center line of the existing road.
On a motion by Commr. Windram seconded by Commr. Carson and carried unanimously, the Board approved the release of Murphy Act Deed 2852 on East Umatilla Boulevard and West Third, Fourth, Fifth and Sixth Avenues except for 33 feet from the center line of the existing road.
On a motion by Commr. Burhans seconded by Commr. Carson and carried unanimously, the Board approved the release of Murphy Act Deed 693 on DR 5-7778 except for 33 feet from the center line of the existing road.
public health
Mr. Morey, Assistant County Engineer, presented to the Board a request to declare uncollectable certain landfill accounts as bad debts and remove them from the books. Discussion was held. The Board members felt that it should try to collect these debts so that it would show in the records of the Board that it exhausted every alternative to collect these debts. On a motion by Commr. Windram seconded by Commr. Burhans and carried unanimously, the Board authorized the County Engineer to file in the Small Claims Court suits against those individuals or companies which owe debts at the landfills. The Board requested that the County Engineer contact all parties by certified mail informing them that if the debts are not paid within 30 days legal action will be taken. The Board also authorized the expenditure of the necessary fees to file these claims in the County Court.
At this time the Board discussed the various ways it could safeguard itself from reoccurrences such as the above. The Board requested that the Clerk contact Sumter County and inquire as to the specific criticism it received with regards to their landfills and how they are now handling the accounts.
roads-county
On a motion by Commr. Burhans seconded by Commr. Deems and carried unanimously, the Board adopted a Resolution establishing a speed of 25 mph on DR 5-6661 and also authorized the placement of two “NO PARKING” signs on this road.
On a motion by Commr. Burhans seconded by Commr. Carson and carried unanimously, the Board approved for the Engineering Department to survey DR 5-6661 and have it recorded in the County records as a prescriptive road.
machinery and equipment
Discussion was held regarding the sale of drill press owned by the County. On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board declared its value at $100 and authorized of the proper publication to be made for receipt of bids.
roads-county
The assistant County Engineer presented to the Board a request from Rufus Pace to relocate a portion of Anderson Drive on the platted right of way. Mr. Morey stated that the County has been maintaining the portion of the road in question in its present location for nine years or longer. Discussion was held. Mr. Ford stated that in his opinion the Board should not relocate the road; however, if the owner wished to do so at his expense the County could grant him permission. Mr. Ford also stated that there are many roads in the County just like this one and the County may be establishing a very bad precedence by the relocation of this particular road.
On a motion by Commr. Deems seconded by Commr. Burhans and carried, the request submitted by Mr. Rufus Pace was denied. Commr. Hoskinson voted “no.”
machinery and equipment
Mr. Hennessey returned to the Board with exact figures on the cost of maintaining the new requested copy machine. He stated that although it would be more efficient it would cost $21 more per month. The Board stated that in light of this information it would rather Mr. Hennessey retain the machine which is now in his department.
appropriations
On a motion by Commr. Windram seconded by Commr. Burhans and carried unanimously, the Board approved for Mr. Hennessey to refill the CETA position in his department with another CETA employee.
budgets
On a motion by Commr. Windram seconded by Commr. Deems and carried unanimously, the Board approved the amended Budget for the General Revenue Funds as submitted.
accounts allowed
On a motion by Commr. Windram seconded by Commr. Deems and carried unanimously, the Board approved the employment of a temporary clerk, Betty C. McNish, as of October 15, 1975, at a salary of $400 per month. At this time the Board requested that a firm letter be sent to the Veterans Service Officer regarding the Board’s policy on the hiring of employees for approved budgeted positions.
accounts allowed
On a motion by Commr. Carson seconded by Commr. Windram and carried unanimously, the Board approved the transfer from Contingency in the General Revenue Fund $1,097.33 to #3321103 “Personal Services (Cadets).” These are excess funds received from the State as reimbursement for salaries of the Cadets which may be used to extend the program until these funds are exhausted.
budgets
On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the following changes were approved in the Landfill State II and local Budgets:
STATE II Transfer $9,250.34 to Local “Salaries” and change item “Salaries” to “Maintenance of Equipment.”
LOCAL Transfer $12,249.66 to #4210203 “Salaries” and
$12,262.34 to #4210101-2 “Gasoline, Lubricants & Other Propellants” from #4210338-2 “Maintenance of Equipment.”
The Board also authorized the Chairman to sign the copies of the Landfill Budgets which reflect the above changes.
On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board authorized the Clerk to sign the Amended Budget of the Mosquito Control Budget for 1974-1975 when it has been audited by the Finance Department.
Transfer $101.09 from #2211334 “Commissions of the Tax Assessor” to #2212334 “Commissions of the Tax Collector.”
county employees
Commr. Windram brought to the attention of the Board that Mr. Van Porter is employed by the Clerk, but most of his time is spent doing work on behalf of the Board of County Commissioners. Commr. Windram stated that the Board should consider placing Mr. Porter on the County Payroll. Commr. Windram stated that he had spoken with Mr. Porter about this matter and that with the possible unionization of certain County Departments Mr. Porter was concerned that not enough emphasis was being placed on Labor Relations. Commr. Hoskinson suggested that he be employed as an Administrative Assistant to the Board for Personnel and Labor Relations.
At this time, Mr. Porter appeared before the Board and voiced his opinion on the importance of establishing a personnel policy, job descriptions and a pay scale which are important when negotiations with Labor Unions take place. Further discussion was held.
Commr. Windram stated that he would set up a meeting with the Clerk, Mr. Porter and himself to discuss the details and the duties of this position and report back to the Board with a recommendation.
contracts and agreements
Mr. Ford presented to the Board a tentative contract between Lake County and the City of Umatilla regarding its landfill. Discussion was held. The board requested that Mr. Ford add another saving clause which would enable the County to redeem the cost of improvements made on the property should Umatilla terminate the agreement before the use of this land is exhausted.
Mr. Ford stated that the contract had been executed by Mr. and Mrs. Lowrie regarding the purchase of three acres in Astor. He stated that he had ordered the title insurance and that the County would be responsible for the documentary stamps.
Mr. Ford presented to the Board a contract between Florida Power Corporation and the Sheriff’s Department regarding the placement of the Sheriff’s south antenna on the Florida Power Tower in Clermont. Mr. Ford stated that he has drawn an agreement in which the Sheriff indemnifies the County and would recommend that the Board receive this executed agreement from the Sheriff before it signs the contract with the Florida Power Corporation. On a motion by Commr. Carson seconded by Commr. Windram and carried unanimously, the Board approved the contract between Florida Power Corporation and Lake County regarding the placement of the Sheriff’s south antenna on the Florida Power Tower in Clermont subject to the Indemnity Contract being signed by the Sheriff.
There being no further business to be brought before the Board, the meeting was adjourned at 5:09 p.m.
____________________________
J.M. Hoskinson, chairman
___________________________
James C. Watkins, Clerk