A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
january 13, 1976
The Lake County Board of County Commissioners convened in regular session on Tuesday, January 13, 1976, at 9:00 a.m., in the Board of County Commissioners’ Room, Courthouse, Tavares, Florida. Present were: Thomas J. Windram, Chairman; C.A. “Lex” Deems; Glenn C. Burhans; and J. M. Hoskinson. Absent from the meeting was James R. Carson, Jr., who was out of town. Others present were Christopher C. Ford, County Attorney, and Andrea Gambrell, Deputy Clerk.
The Invocation was given by Commr. C.A Deems, and the Pledge of Allegiance was led by Commr. Glenn C. Burhans.
On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the minutes of the Special Meeting of December 30, 1975 as submitted.
Commr. Windram presented to the Board a letter from the Tavares Chamber of Commerce inviting the Board of County Commissioners to attend a meeting at the Tavares Civic Center on Wednesday, January 14, 1976 at 7:30 p.m.
The Clerk was requested to contact the Chamber of Commerce and inform them that due to previous commitments, Commrs. Hoskinson, Deems and Carson would be unable to attend, but that Commr. Windram would make every effort to be present.
The Chairman presented to the Board a letter from the Department of Environmental Regulations informing the Board of the annual Water Resources Conference for the submission of Request for Federal Funding of Water Resource Development Projects for Federal Fiscal Year 1978 on Wednesday, February 25, 1976 in Tallahassee. The Board requested that this be referred to the Pollution Control Department and to the Water Authority.
Commr. Windram presented to the Board a sample letter which Mr. Porter would like to send to the Constitutional Officers requesting them to attend a meeting with regards to the study being conducted by Cody and Associates. The letter was read, and it met with the Board’s approval.
The Chairman presented to the Board a letter from Mrs. Robert Fortner objecting to the Admirals Bar located on Old Highway 441. At this time, Mr. Ford stated that he had given the name and address of the proper authority in the Beverage Commission for these citizens to contact with regards to the situation which exists at this establishment.
The Board requested that Mr. Ford answer the letter written by Mrs. Fortner informing her what has been done to remedy this problem.
Commr. Windram informed the Board that he had been notified that Mr. Phil Yoder did not plan to fill the position of a Mechanic’s Helper in his department until sometime in the spring.
At this time, the Chairman stated that he had been contacted regarding a position that had to be filled at the MVI Station in Leesburg. He stated that he had authorized for the position to be filled with a trained and certified alternate on a temporary basis until the Board could formally approve the filling of this vacancy. Commr. Windram requested the Clerk to obtain the name and starting salary of the individual before action was taken by the Board.
roads – subdivision
Mr. Clifton Peebles appeared before the Board regarding the lack of maintenance on Ranch Road, a County road near Astatula. They explained to the Board that there is a dangerous curve as well as a very large drop off on this road and requested that proper attention be given to this matter before a serious accident occurred.
The County Engineer was present for the discussion and stated that due to the rains, his Department was waiting for the clay to dry before any work is done. Mr. Peebles informed the Board that there is a problem with the farmers in the area driving up this County road with discs and graders and making the road almost impassable. The Board requested the County Engineer to contact the farmers in this area informing them that should their employees cause any damage to the County roads in this area, they will be responsible for the cost of the repairs.
The Board instructed the County Engineer to give the repair of this County Road his immediate attention and to review and consider the placement of necessary safety markers where needed.
Mr. Peebles then requested that discussion be held on the condition of Robbins Road. Discussion was held. The County Attorney explained that Robbins Heights was not a recorded subdivision and that according to the deeds, there were only private easements given to the people within the subdivision. He further stated that the County does do some maintenance work on publicly dedicated rights-of-way at the property owners’ expense; however, this would be impossible in view of the information which had been supplied to the Board. Mr. Ford explained to the residents present what would have to be done to create a public right-of-way. The Board then suggested that they designate a small committee of residents who could discuss with the County Engineer on their behalf the extent and cost of the work requested after the proper rights-of-way were obtained from the various property owners.
At this time, Mr. Ford stated that if they felt the property was misrepresented to them at the time of purchase, they should obtain a private attorney and follow his instructions regarding further recourse for their grievances.
The Chairman instructed the County Engineer to research the right-of-way in this subdivision and to assist them in any way possible.
sewer treatment plants
Mr. William Hennessey, Pollution Control Director, appeared before the Board regarding the location of the sewer treatment plant for Camp Horizon. Discussion was held. It was requested that Mr. Hennessey contact the proper authority and inform them that the Board recommends that there should be a minimum of 200 feet from the sewer plant, spray field and holding pond to protect the adjacent property owners and request that the plans be redone locating it north of the proposed site which would be a better location, noting that a fringe of existing citrus trees could remain for vegetative screening.
Mr. Hennessey stated that he would prepare a letter for the Chairman’s signature stating same.
roads – subdivision
At this time, the Board returned to the problem facing the residents in Robbins Heights Subdivision.
Mr. Gene Peebles stated that the residents did not have any background or knowledge on how to get this matter resolved and felt that it should be the responsibility of the realtor who sold the property. Commr. Hoskinson suggested that if there was any misrepresentation by the seller at the time of the purchase, the residents could notify the realtor who handled the property that unless the matter was resolved, the residents would file a complaint with the Florida Real Estate Board.
Commr. Windram stated that the County would help the people in this subdivision if possible and suggested that they establish a meeting with Michael Donoghue to discuss the right-of-way problem, the work that they would like done on Robbins Road and the estimated cost of the work.
roads – state
At this time, Commr. Windram reminded the Board that Lake County had requested the Department of Transportation to stop purchasing rights-of-way for the proposed State Road 452A until Lake County can obtain figures on what this project is costing.
He informed the Board that he is concerned about the price established for certain land. He stated that there is grove land valued at $3,300 an acre and improved pasture at $3,200 - $3,400. Commr. Windram, however, was particularly concerned over the transaction cited on a piece of property in the amount of $459,000.00, which was supposed to be for 200 acres of land more or less, but after investigation of the sale, Commr. Windram reported that it turned out to be 351 acres, and the legal description which accompanies the transaction in no way matches the acreage that is supposed to have been purchased. In view of this information, Commr. Windram stated that there are three alternatives:
1. Accept the appraisal and approve the purchase by DOT for the property needed.
2. The Board could request that this money be used elsewhere in the County.
3. Due to the deficiencies in the sale and the prices established for certain lands, the Board could request a new appraisal be conducted by a local appraiser more familiar with the area.
Mr. Ford agreed that another appraisal should be done and stated that the County Attorney’s Association had been impressing on the DOT that they feel local appraisals are superior to those done by out of county persons or by the staff of the DOT.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously by those present, the Board adopted a resolution requesting the DOT to employ an acceptable local appraiser to appraise the prospective land purchases needed for the construction of SR 452A. Commr. Windram requested that a letter accompany this resolution pointing out the example of the transaction listed in which it was stated that 200 acres were purchased when in reality 351 acres were purchased and that the description of the land was erroneous. The other example cited had considerable frontage on the Pine Meadows Golf Club fairway and backed up to a very nice subdivision and therefore, the Board did not feel that the examples of sales used reflected the true value of the land.
The Chairman presented to the Board a problem which existed on Highway 19-A. He stated that the Little Caddy located on this highway paved the entire parking area, and the water runoff is flooding out a resident living near this establishment. Mr. Donoghue stated that the problem could be solved by installing piping, create a catch basin and French drain which could be constructed on the right-of-way on Morningside Drive. On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously by those present, the Board approved the recommendation of the County Engineer as outlined above.
Mr. Glenn Middleton, Purchasing Agent, appeared before the Board to report his findings with regards to having the laundry in the Sheriff’s Department done by a commercial laundry.
Commr. Hoskinson stated that he and the Clerk had discussed this matter with the Sheriff, who would rather have the equipment installed than have a professional laundry service do this work. Discussion was held.
Mr. Middleton stated that the Sheriff’s Department inventory would probably have to be increased in order to maintain sufficient supplies over the weekend when linen service is unavailable. Commr. Deems stated that if this system did not operate satisfactorily, it could always purchase the equipment at a future date.
On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried, the Board approved that the laundry in the Sheriff’s Department would be done by a commercial laundry service and authorized that a contract be entered into with National Linen Service for this purpose. Commr. Burhans voted “no.”
Mr. Middleton presented to the Board a final copy of the purchasing procedure adopted by the Board on January 6, 1976. On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Board stated that these policies are not to be construed as placing any restrictions or limitations on purchases made by direct action of the Board of County Commissioners or other Constitutional Officers in accordance with the laws of Florida and that this will replace amendments noted at the regular meeting of January 6, 1976.
Mr. Middleton stated that he needed assistance in the Building Department due to the death of Mr. Dial and requested the Board consider the employment of Mr. William Henderson, a former County employee. The Board requested that Mr. Middleton seek the employment of a new individual for training in this position.
Commr. Hoskinson stated that he and the Clerk had spoken to the Sheriff regarding his request for additional funds to be transferred into the accounts for Salaries, Matching Funds, Investigations and Travel to cover overtime compensation and costs incurred due to the terrorist activities in South Lake County. Discussion was held regarding the possibility of a request similar to this being presented to the Board in the future for the same reasons. Commr. Deems stated that due to the economic situation, the Fine and Forfeiture Fund could not stand withdrawals of this magnitude on a regular basis.
At this time, Commr. Hoskinson and the Clerk stated that Sheriff Bliss was sure that this compensation would satisfy his men. The Clerk suggested that the Board instruct the County Attorney to research the Board’s responsibility involving a situation of this type.
On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the transfer of $5,000 from the Sheriff’s Contingency and $10,000 from the Fine and Forfeiture Contingency to “Salaries of Deputies and Assistants” in the Sheriff’s budget for overtime compensation resulting from the “ski masked” terrorist’s activity in South Lake County. The above action was not discussed at any time during the FDLE briefing held on January 12, 1975 in the Lake County Courthouse.
recess and reassembly
At 12:00 noon the Chairman announced that the Board would adjourn for lunch at the Silver Lake Country Club. The public and press were invited on a dutch treat basis.
outdoor recreational facilities
Nancy Crissinger, Associate Planner, appeared before the Board to present the requests from the cities for the 1976 Boating Improvement funds. It was the Department’s recommendation that two projects be approved for 1976. They are (1) the rebuilding of the Clermont dock which would cost $33,000. At this time Miss Crissinger stated that the City of Clermont has volunteered to supply a portion of the funds needed; and (2) the replacement of the dock at Lake Umatilla at a cost of $5,800.
Miss Crissinger requested that the projects requested by Mount Dora and Eustis be allocated funds from the 1977 Boating Improvement Fund.
On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the allocation of $22,693 to the City of Clermont and $5,800 to the City of Umatilla from the 1976 Boating Improvement Fund and that $2,477 be granted to the City of Clermont from the 1977 Boating Improvement Fund to complete the requested project.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously by those present, the Board stated that the projects requested by Eustis and Mount Dora will be given first priority when application is made for the 1977 Boating Improvement Funds.
At 2:00 p.m. the Chairman postponed the advertised Zoning Violations until 2:05 p.m.
Mr. Claude Smoak, Mayor of Clermont, appeared before the Board requesting that it consider the establishment of two precincts within the City of Clermont, designating one precinct for those residents who live within the City Limits of Clermont and the other for those who do not live in the City Limits. Mr. Smoak stated that this would be beneficial during city elections in distinguishing those individuals eligible to vote in city elections from those who are not. No action was taken at this time.
zoning violation 75-85 thomas letourneau
Mr. Thomas LeTourneau appeared before the Board regarding this case. The Board informed him that the operation of his saw mill required a CUP and suggested he make application so as to eliminate this violation. However, the Board members urged him to contact his neighbors to make sure that they did not object to his operation before he went through the expense of submitting an application for a CUP.
In regards to his junk cars, the Board informed Mr. LeTourneau that they must be under cover in some way or have current inspection stickers and tags. On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously by those present, the Board gave Mr. LeTourneau 30 days to apply for a CUP for his saw mill and to cover his junk vehicles.
zoning violation 75-82 edward hyatt
Mr. Willett stated that the Department was unable to contact Mr. Hyatt to serve him with a violation notice. No one appeared before the Board regarding this case. On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Board tabled action on this case until the proper notice could be served.
zoning violation 75-86 sophia mcguire
No one appeared before the Board regarding this case. Mr. Willett stated that the residents in this area would like the County to resume maintenance of George Street running beside the property in violation. Due to the fact that this road was involved in litigation some time ago, the Board requested Mr. Ford, County Attorney, to research the matter and report to the Board its status.
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously by those present, the Board found Sophia McGuire in violation, declared her a public nuisance and gave her 30 days to comply with Ordinance 70-1.
Mr. Willett stated that there are many violations which have not been brought to the Board and requested approval to assign priorities to these violations and present them to the Board in this manner rather than certain areas at specific times. This met with the Board’s approval.
Commr. Hoskinson presented to the Board a letter from the City of Eustis regarding the possibility of creating a precinct within the City of Eustis to determine which voters are residents of the City of Eustis and eligible to vote in City Elections. At this time, Commr. Hoskinson presented to the Board a map and stated that there are several scattered parcels of property annexed into the City of Eustis according to this map, which would make such a request impossible. It was suggested that a Local Act be drawn or an Ordinance be adopted stating that each municipality shall keep a voter registration list of those individuals within its corporate limits.
The Board requested that the Clerk write to the City of Eustis informing them that a committee consisting of Commr. Hoskinson, Christopher Ford and the Supervisor of Elections had been appointed to look into the matter.
roads – county
Commr. Hoskinson presented for the Board’s attention a matter involving Cherry Lake Road, which is a State Secondary Road Project. He reminded the Board that it has been requested that the portion of this road extending through District #3 be paved to allow access to Highway #27 and the Clermont-Minneola area.
Commr. Hoskinson stated that although several routes for this road have been suggested, none have been acceptable. Commr. Hoskinson stated that he had discussed this with the County Engineer who suggested a route which had not yet been considered. The right-of-way needs to be checked regarding this route, and the Department of Transportation needs a resolution from the Board authorizing the investigation of this right-of-way. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, the Board adopted a resolution authorizing the DOT to investigate the right of way on the suggested route of Cherry Lake Road as suggested by the County Engineer.
Discussion was held regarding the cost involved in mailing information to the Commissioners by the various departments. The Board requested that the Clerk contact all Department Heads informing them that all mail for the Board members is to be delivered to the Board of County Commissioners Office for delivery to the Commissioners.
roads – county
Commr. Burhans stated that he had received a complaint regarding a road leading into Hazelton Heights Subdivision, which is impassable. It appears that lots of records on such roads are being purchased by developers to avoid the necessity of properly paving roads. Commr. Burhans asked if there is any way that this practice can be stopped and require that developers install passable roads before homes can be built. Mr. Ford stated that there are restrictions that can be placed on the grandfathering clause, and he would have Dan Robuck research this matter and report to the Board as soon as possible.
On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously by those present, the Board approved the purchase of a four drawer steel file cabinet for the Pollution Control Department at a cost not to exceed $100.00.
Commr. Deems stated that he had spoken with Mr. Porter regarding the two vacancies at the MVI Station and requested approval for the employment of qualified personnel to fill these vacancies. On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the employment of Lilian Sink and Dwight Wilson to fill the two vacancies as MVI Inspectors at a salary of $511.91 per month.
roads – county
Commr. Deems brought to the Board’s attention that the roads in The Springs Bath and Yacht Club Subdivision are publicly dedicated, and it has been requested that repairs be made on Orange Blossom Trail. Commr. Deems reported that the County Engineer estimated it would take two loads of clay or two loads of lime rock at a total cost of $30 and $60 respectively, with the residents spreading the material themselves to make repairs. On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously by those present, the Board approved for the County Engineer to contact the residents and supply them with either of the two materials as stated above subject to the total amount of funds being paid by the residents and received by the County Finance Department. The County is not responsible for the continued maintenance of this road.
Commr. Burhans reported to the Board that he had received a telephone call from Mrs. Grisham in Astor informing him that the County is digging on her property in the construction of the Astor Transfer Station. The Board requested that the County Engineer be contacted to investigate this matter and to make sure the County is proceeding with the construction on the correct parcel of property.
Commr. Deems informed the Board about the problem regarding the County’s new system for the purchase of vehicles directly off the dealer’s lot. Discussion was held concerning the problems encountered with the specifications.
It was suggested that the County Attorney draw up a form with minimum specifications, including a possible five-day maximum delivery that could be given to each dealer when a vehicle is being purchased so that everyone will have the same basic specifications upon which to base their quotation. It was suggested that a space be provided to allow for the establishment of a time and date these quotations will be opened by the Clerk or his representative.
Commr. Windram and Commr. Deems stated that it should be understood by those dealers submitting quotations that if they agree to deliver a vehicle on a particular date and fail, there is a possibility that they will not be asked to submit quotations in the future. Mr. Ford stated that this could easily be placed on the form which he will write.
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously by those present, the Board approved the following Contractor Bonds:
897-76 Harvey Wayne Sumner dba Sumner Construction
1226-76 Jan R. Woodring dba Woodring Mobile Home Service
1382-76 Johnny C. Morris dba Tara Village Ltd.
1383-76 Robert F. Moyer
1384-76 Gilbert L. Beeney
1385-76 Albert Lee Phillips
1387-76 James V. Coursey
licenses and permits
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the $500 bond for the gun permit for Howard Fox.
On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously by those present, the Board adopted a resolution regarding the County’s intention to continue its work on the public waters involving aquatic plant control. This resolution was requested by the Department of Natural Resources before matching funds for the Aquatic Weed Control may be released from Tallahassee.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the admission of Warren Harden Rogers to the A. G. Holley State Hospital.
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously by those present, the Board approved the certificates of error and corrections 4-16520 through 4-16530 as submitted by the Property Appraiser.
cancellation of warrants
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously by those present, the following warrants were cancelled:
GENERAL REVENUE FUND: #533 in the amount of $40 payable to Emmer Kemp and #535 in the amount of $40 payable to Tom Ellis.
ROAD AND BRIDGE FUND: #126 in the amount of $8.50 payable to Henderson Hardware and #139 in the amount of $50 payable to Lake Abstract.
funds – transferred
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously by those present, the following transfers were approved:
GENERAL REVENUE FUND: Purchasing Department – transfer the following amounts from #258102 “Salary Purchasing Department”: $700 to #2671337 “Maintenance, Other Administrative Buildings;” $600 to #2558335 “Telephone;” and $800 to #2558402 “Equipment.”
Pollution Control – transfer $100 from #6305328 “Travel Expense” to #6305329 “Dues and Memberships.”
ROAD AND BRIDGE FUND: transfer $500 from Contingency to #4102334 “Commissioners Fees & Costs.”
At this time, Glenn Middleton appeared before the Board with a representative from National Linen Service with regards to the contract for the laundry service for the Sheriff’s Department. Mr. Ford briefly reviewed the contract and stated that it would be better if the contract is signed by the Sheriff rather than the Board of County Commissioners and that the representative speak directly with the Sheriff regarding the actual pick up and delivery time of the laundry and the inventory involved. On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously by those present, the Board rescinded its action of this morning authorizing the Board of County Commissioners to enter into a contract with National Linen Service for commercial cleaning of the laundry in the Sheriff’s Department.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously by those present, the Board approved payment of the bill from Jack Jones, Architect, in the amount of $3,631.14.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously by those present, the Board approved payment of the bill from P & C Thompson Brothers, General Contractors for the construction of the new Lake County Courthouse in the amount of $133,175.75.
On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously by those present, the Board approved for the following vouchers to be paid:
General Revenue 547-818
Fine and Forfeiture 94-136
Road and Bridge 198-294
Auto Inspection 43-70
COR Road and Bridge 1
Fish Conservation 7
Construction Trust 2
North East Hospital 4-6
North East Ambulance 4-5
North West Ambulance 3-4
Revenue Sharing 5, 6
ADD Francis McKee for Donald Williams $50 District 4
ADD Harry Anderson for Mina Kate Tupper $50 District 5
ADD Sylvia W. Clark for Faye Sangster $40 District 1
CANCEL William Hensley for Pauline Pohl $50 District 5
CANCEL Tom Ellis for Mary Morgan $40 District 5
CANCEL Emmer Kemp for Elizabeth Creech $40 District 2
CANCEL Dickie Clark for Faye Sangster $40 District 1
Commr. Deems stated that he noticed in reviewing the bills that there was an expenditure of over $200 for automatic door closers for the building rented by the Division of Youth Services. The Board requested that a letter be sent to the Division of Youth Services informing them that any purchases made for that building for which the County is financially responsible are to be brought to the Board of County Commissioners for prior approval.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously by those present, the Board stated that vacation schedules for all County Departments are to be submitted to Mr. Evan Porter by the end of March and that all changes in those schedules are to be submitted to Mr. Porter for approval. The Board requested the Clerk to notify all Department Heads of this change in the scheduling of vacations for them and their employees.
At this time, Commr. Deems stated that Mr. Michael Donoghue would be resigning as Lake County’s Engineer and requested authorization for Mr. Evan Porter to begin soliciting applications for a new Engineer-Public Works Director. On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously by those present, the above request was approved; however, the Board members felt that one of the qualifications should be that the applicant be a registered land surveyor.
There being no further business to be brought before the Board, the meeting was adjourned at 4:30 p.m.
C.A. “Lex” deems, chairman
James C. Watkins, Clerk