A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

october 5, 1976

The Lake County Board of County Commissioners convened in regular session on Tuesday, October 5, 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 James R. Carson, Jr.; Absent was J. M. Hoskinson.  Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Andrea Gambrell and Sharon Mitchell, Deputy Clerks.

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

county employees

Commr. Windram presented a letter of resignation to the Board from R. A. Erickson, Lab Technician in Pollution Control.  Discussion was held, concerning the vacant positions in that department and the request from W. K. Hennessey, Director of Pollution Control, for adjustments to be made on these salaries to make them all equal.  Mr. Hennessey was informed that a decision would be made later in the day when Mr. Porter, Special Assistant to the Board, would be present.

commissioners

At 9:10 a.m. Commr. Hoskinson appeared for the Board meeting.

municipalities

Commr. Windram presented a letter to the Board from Mr. Claude Smoak, President of the Lake County League of Cities.  This letter stated that the membership of the ad hoc Tax Equalization Committee is as follows:  Mayor Jim Oliver, Eustis; Commissioner Jack Bradley, Leesburg; Mayor C.E. Smoak, Clermont.  Additional staff people such as Gordon Tiffany, Ellsworth Hoppe, and Calvin Glidewell will assist the representatives from the Lake County League of Cities.

A meeting to discuss the problem of Tax Equalization will be held on Wednesday, October 6, 1976 at 3:00 p.m. in the Jury Room, third floor, Lake County Courthouse.

communications

Commr. Windram presented to the Board a notice from the Florida Public Service Commission with regard to a hearing it will hold on an application for temporary authority for Major Auto Parts, Inc. dba Major Auto Storage Center to transport motor vehicles by wrecker between all points in the State of Florida.  This was read and filed.

outdoor recreational facilities

Commr. Windram presented a copy of a letter from Mike Hattaway, Chairman of the Seminole County Board of County Commissioners to Mr. Harmon W. Shields, Department of Natural Resources.  He has requested that the Department release the funds necessary for the surveying of the land surrounding the Wekiva River and furthering the goal of seeing the Wekiva River preserved for recreational and ecological purposes.

mental health

Commr. Windram presented a letter from the Department of Health and Rehabilitative Services which states that Lake County shall have two Board Members on the HRS District III Mental Health Board.  The HES III Mental Health Program Office will be in contact with the County to arrange a time for a full discussion of the implementation of the HB3634.

Commr. Windram also presented a letter from Dr. George R. Ikeler, President of the Lake Sumter Community Mental Health District Board 10, regarding the realignment of the Mental Health District Boards and stating that he would like to submit to the Board possible appointees to serve on this Board on behalf of Lake County.  The Clerk was directed to write a letter to Dr. Ikeler and request that he submit to the Board the names of those whom he would recommend for appointment to the revised board for Lake County.

minutes

Commr. Windram requested that the Minutes of September 7, September 14, and September 21, 1976 be scheduled for review at the next regular meeting on October 12, 1976, as the Commissioners had not yet studied them.

fire districts

Mr. Watkins, Clerk, stated that Emogene Stegall, Supervisor of Elections, requested 20,000 affidavit forms be printed for use by those voters who will cast votes pertaining to the fire tax district referendum involving the unincorporated areas of Lake County.  No action was taken at this time.

courthouse

Commr. Windram presented a letter from the Honorable Ernest C. Aulls, Jr. concurring with the Board of County Commissioners’ policy regarding the use of the parking lot.

civil defense

Jack Gibson and John Roach, representing the Veterans of Foreign Wars, appeared before the Board concerning Fred Bollenberg, Veteran Service Officer acting as the Director of the Civil Defense Department, and the overload of responsibility being placed on the Veterans Service Officers.

It was stated that Mr. Joe Stitch is helping in the Civil Defense Department during this interim period until a new director is selected.  Mr. Gibson and Mr. Roach were satisfied that this would help with the situation.

courthouse

Commr. Windram brought to the attention of the Board that it was requested that the Board designate the areas for space allocated for the judges in the new courthouse.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board agreed that the two suites together, separated from the other four suites by the suite already designated for the court reporters, be assigned to the county judges and the four suites together be assigned to the circuit judges and that the chief judge assign the suites to the individual judges involved.

public health/resolution

Commr. Windram presented to the Board a resolution from the City of Mount Dora requesting the County to reverse its decision to charge for the use of the County landfill.  Discussion on the matter was held.  The Board stated that the operation and charges for the landfill have been matters which the County and cities have been trying to arrange in a uniform manner for quite some time.  Due to the mutual concurrence on a landfill charge which was reached at a meeting on August 20, 1976, the County calculated this revenue figure into the budget for the 1976-1977 fiscal year, and therefore is unable to change its decision at this time.

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board requested that the Clerk write a letter to the City of Mount Dora in regard to the aforementioned discussion and also inform them that a meeting regarding the question on tax equalization is scheduled for October 6, 1976.

fire districts

Mr. Watkins requested authorization to have the 20,000 affidavit forms printed, which will be signed by those residents living outside the city limits who will vote on the fire referendum in the November election.  On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved that the above forms be printed or mimeographed.

appropriations

Commr. Windram presented a letter to the Board from the Department of Community Affairs concerning the administration of the Comprehensive Employment and Training Act, Title I manpower program in Lake County.  The Clerk was requested to forward a copy of this letter to Senator Jim Glisson, Legislative Delegation, State Association of County Commissioners, Governor, and Lieutenant Governor, as well as a letter of explanation and protest from the Board of County Commissioners concerning this matter.

contracts and agreements

Robert Pierce, Public Defender, appeared before the Board to request additional office space at the Lake County Industrial Center at an approximate cost of $60 over what the County is presently paying for the rented space at this location.  On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the above request was approved and authorized for the necessary contract to be prepared.

accounts allowed

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried, travel was approved for Fred Bollenberg, Lorrine Retey, Dorothy Orr, and a part-time clerk to attend the Veterans Service Officer Mid-Winter Training Conference to be held in St. Petersburg, Florida on October 20, 21, and 22, 1976.  Commr. Deems voted “no.”

animals

Commr. Carson brought to the attention of the Board that he has been contacted by someone who was concerned about what could be done to control persons who abandon animals outside the city limits or in wooded areas.  At this time, Christopher Ford, County Attorney, stated that he would research the Florida Statutes to see if there is a law to prohibit abandoning animals.

Mr. Ford stated that the statutes regarding animals being abandoned are F.S. 828.12 and 828.13, which would give the sheriff and/or the State Attorney authority to act on a complaint received from anyone regarding this subject.

roads – subdivision

Commr. Deems presented to the Board a petition from the Florida Tropical Homesites regarding the paving of their streets on a tax lien basis.  On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the advertisement of a public hearing to be set for November 2, 1976 at 10:00 a.m. regarding the paving of these roads.  The petition and other information were given to Mr. Ford, County Attorney, to research the proper procedure to follow involving the matter.

libraries

Michael Willett, Director of Planning, informed the Board that he has discussed the feasibility of a countywide library system with Mrs. Grigg of the Bureau of Library Development, and at that time she stated that in December or January, there should be about $3,000 available to Lake County for the proposed study.  Discussion was held concerning a library system.

The Board directed Michael Willett to proceed with the application to obtain funds to conduct this study.

wekiva river

Discussion was held concerning the possibility of getting the Wekiva River into the Wild and Scenic River System.  Michael Willett, Director of Planning, requested permission to contact those individuals who own property along the river to see if the County could obtain easement along the river for this project.  On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the above request was approved.

bonds

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved renewal of the mobile home bond for Ronald Dye for approximately 60 days.  Approval was given subject to the necessary bond being posted and with the understanding that the mobile home would be removed immediately upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners.

resolutions

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board adopted a resolution proclaiming the week of November 7 through 13, 1976 as Farm City Week.  This was presented by Commr. Hoskinson on behalf of Jackson Haddox, Lake County Agricultural Agent.

appointments

Discussion was held regarding the establishment of a Commission on the Status of Women in Lake County.  On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board created the Lake County Commission on the Status of Women as an advisory board provided it can operate on a self-sustaining basis.  Christopher Ford, County Attorney, presented to the Board an Interlocal Agreement regarding this matter for its review and consideration.

appropriations

Discussion was held regarding the new Public Works Grant Bill which was just passed.  It was brought to the attention of the Board that there would be a meeting in Atlanta on October 13, 1976 regarding this bill.  On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved authorization for Michael Stearman, Associate Planner, to attend the meeting in Atlanta to obtain information regarding the procedures to follow in applying for these funds.

bonds

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the following Contractor’s Bonds were approved:

1-77                 Claud L. Cole dba Cole Construction Company

80-77               James D. Lacher & Son dba General Contractor

114-77             James H. Snell dba Plumbing Contractor

220-77             I.D. Starkey dba General Contractor

260-77             Charles E. Shoop dba Shoop Cabinet Shop

394-77             Sam Powell dba Coachwood Colony

543-77             Roger Hylton dba Huett Aluminum

577-77             Bill Brant dba Brant Brothers, Inc.

670-77             Freeman Melvin dba Carpenter

772-77             Cecil D. Thompson dba Thompson Welding Co., Inc.

940-77             Benjamin R. Tillman dba Tillman’s Plumbing Serv.

1155-77           Ralph M. Austin dba Painting Contractor

1183-77           David L. Delancett dba Specialty Contractor

1276-77           Curtis L. Futch dba Keystone Electric Company

1291-77           Darrell E. Weicherz dba General Contractor

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the following Contractor’s Bonds were cancelled:

461-76             S. D. Parsons dba Painting Contractor

792-76             Carl B. Sapp dba Window Repair Service of Leesburg

906-76             John J. Tennison dba Tennison’s Tile, Linoleum & Carpet

1275-76           D. Keith Lucas dba Electrical Contractor

1295-75           David R. Raulerson dba Raulerson Roofing Co., Inc.

licenses and permits

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the following gun permit applications were approved:

Abe T. Gaskins                       Roy D. Wrightam

Gerard K. Kelch                     Robert Willard Graves

bonds

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the following gun permit bonds were approved:

Gerard K. Kelch

Robert Willard Graves

reports

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board accepted the annual reports for the Lake County Cooperative Forest Management Project and for the Division of Forestry.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board accepted the monthly status report from the Youth Service Programs, Inc.

resolutions

James C. Watkins, Clerk, presented a resolution to the Board from Waterman Memorial Hospital Association, Inc. establishing its millage rate for the Northeast Lake County Hospital District for the 1976-77 fiscal year.  The Clerk was directed to refer this to Donald Stephens, Property Appraiser.

accounts allowed

James C. Watkins, Clerk, presented the following bills for payment which will be taken from the 1976-1977 Budget:

$    229.25       Otis Elevator Company contract

      700.00       Rent for State Attorney’s Office – 911 N. Blvd.

   5,000.00       State Trial Witnesses, Insolvent Witnesses, and Court Order Witnesses

      300.00       Postage – County Court (Criminal & Civil Dept.)

   1,000.00       Use in Convention Center petty cash account

           137,545.00       First month’s withdrawal for Sheriff’s Dept.

             15,772.26       Advance for T. Keith Hall for October

             33,262.42       Tax Collector’s commissions

                  250.00       Emery Dillard – rent for 205 N. Texas Street

                  245.75       IBM Contract

      130.43       IBM Contract

      136.08       Kustoms Signals, Inc.

   1,122.78       Youth Service Programs as approved in ’76-’77 budget

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the foregoing bills were approved for payment.

contracts and agreements

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the contract between U.S. Forest Service, Lake County and Sheriff’s Department employing a deputy to patrol the Ocala National Forestlands in Lake County from October 1, 1976 through September 30, 1977.

recess and reassembly

At 12:00 Noon the Chairman announced that the Board would adjourn for lunch at the Italian Fisherman Restaurant.  The public and press were invited on a Dutch-treat basis.

county employees

Mr. Evan Porter, Special Assistant to the Board, discussed with the Board members the matter of the Field Manager and Assistant Field Manager being very similar and should be adjusted to equal salary.  Discussion was held regarding the adjustment of these positions.

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved the upgrading of the Assistant Field Manager’s position, lowering the salaries for the Lab Technician and Field Manager, thereby establishing the salary of the Lab Technician at $8,500 and the two Field Manager positions at $8,000 each.  The Board also approved the addition of $300 to the total amount budgeted for these positions and approved the necessary budget amendments be made.

accounts allowed

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved travel for Harry Spooner to attend a Manpower Training Program for CETA Program Agents in Tallahassee on October 20 and 21, 1976.

civil defense

At this time, Mr. Porter discussed with the Board the position of the Civil Defense Director.  He stated that many applications had been received, and that out of those received five have been selected for consideration by the Board.   Mr. Porter informed the Board that two of the five had been previously interviewed by the Board when Mr. Quagliotti was hired.  Discussion was held as to a convenient time for interviews to be held.  The Board established Tuesday, October 12, 1976 between 9:30 and 10:30 a.m. as the time the Commissioners will interview the applicants for the position of the Civil Defense Director.

county employees

At this time, Mr. Porter briefed the Board on the status of the Labor negotiations.

Mr. Watkins requested the Board to consider having Mr. Wayne Reed, Custodian, removed from the list of persons included in the Union.  He stated that Mr. Reed supervises the Courthouse Matrons and is in possession of keys to every office in the Courthouse.  Mr. Porter stated that the Board will present a petition to remove from the Union certain positions which should not be included and would make a note of this position.

road closings

Mr. Larry Taylor, Attorney, appeared before the Board regarding the Road Closing of DR 17917.

At this time, the Clerk stated that the Board had requested that his office mail a certified letter to the adjoining property owners, notifying them of this closing.  He stated that this had been done and the certified receipts had been returned.

Discussion was held regarding the manner to close this road.  After detailed discussion, Mr. Taylor suggested an equal swap of land be made.  This met with the approval of the Board as well as the County Attorney.  However, the County Attorney advised that the Board not close the road until the proper deed had been drawn for the trade of equal acreage.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried, the Board approved to trade DR 17917, which is approximately 12.13 acres for 12.13 acres of land owned by Mr. McKay, Mr. Taylor’s client, which is located adjacent to a County-owned clay pit in the area.  However, the County has the option to select this 12.13 acres in either an easterly or northerly direction of the clay pit, whichever is more advantageous to the County.  Commr. Hoskinson voted “no.”

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the above-mentioned road closing was postponed until Tuesday, October 12, 1976 at 10:45 a.m.

deeds

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the release of Murphy Act Deed 657 on DR 5-8991 except for 33 feet from the center line as recommended by the County Engineer.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the release of Murphy Act Deed 2521 and 17212 except for 33 feet from the center line as recommended by the County Engineer.

licenses and permits

On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the following Utility and Driveway permits were approved:

No.      Permittee                                                         Purpose                       Road

817      Florida Telephone Corp.                                 Buried Cable               S-44A

818      Florida Telephone Corp.                                 Buried Cable               4-5876

820      Florida Telephone Corp.                                 Buried Cable               4-5771

827      Florida Telephone Corp.                                 Buried Cable               4-4289

829      Florida Telephone Corp.                                 Buried Cable               4-4767

831      Florida Telephone Corp.                                 Buried Cable               S-445A

833      Florida Telephone Corp.                                 Buried Cable               S-452

834      Florida Telephone Corp.                                 Buried Cable               5-6649

835      Florida Telephone Corp.                                 Buried Cable               Lake Yale Pl.

840      Florida Telephone Corp.                                 Buried Cable               4-7465

841      Florida Telephone Corp.                                 Buried Cable               5-7464

844      Florida Telephone Corp.                                 Buried Cable               2-1310

845      Florida Telephone Corp.                                 Aerial Cable                5-8589

847      Florida Telephone Corp.                                 Aerial Cable                S-44A

848      Florida Telephone Corp.                                 Buried Cable               5-6039

849      Florida Telephone Corp.                                 Buried Cable               S-466

850      Florida Telephone Corp.                                 Aerial Cable                S-46A

851      Florida Telephone Corp.                                 Aerial Cable                5-9583

DRIVEWAY PERMITS

3-204   Del Khon                                                                                            3-1246

1-205   Robert Lovett                                                                                     1-6611

2-206   Bille Bridges                                                                                       S-478

1-207   John Kersey, Sr.                                                                                  1-5915 Ext.

4-208   Donald W. Platt Construction                                                                        4-4177

Commr. Carson abstained from the vote because he is a member of the Board of Directors of the Florida Telephone Corporation.

accounts allowed

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the County Engineer to purchase a bucket for the recently purchased dragline.  It is understood that three quotations will be received and that he is to accept the lowest of the three quotations received.

public health

At this time, Mr. Andres presented to the Board quotations he had received on one 60 ton scale and three 50 ton scales to be used at the landfills.  Discussion was held.  The Board stated that in view of the meeting that will be held tomorrow regarding the question of Tax Equalization, it would postpone action on this matter at this time.

roads – county

Mr. Andrew stated that the Board had approved to participate in the 100 percent federally funded striping program and was therefore submitting to the Board for its approval a list of roads which the Engineering Department would like to send to the Department of Transportation for striping.  On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the above-mentioned list to be presented to the DOT for striping under the 100 percent federally-funded striping program.

Autos and trucks/accounts allowed

Mr. Andrew reported to the Board that he has located two diesel trucks for the Road and Bridge.  He stated that he has inspected the trucks and reported that they are in fairly good condition and would probably need about $1,000 worth of work and repair each to get them in top condition.  He stated that the person who owns the above-mentioned trucks is asking $14,000 each and would like permission to offer the owner $20,000 for the two diesel trucks.  On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board authorized the County Engineer to offer $20,000 for the purchase of two diesel trucks.  It was stated that these funds will not be released unless the County can obtain a clear title or satisfaction of lien on the above-mentioned vehicles.

Mr. Andrew reported to the Board that he has attempted to locate a used refuse trailer, and the closest one available is in Boston, Massachusetts.  No action was taken on this matter.

county property

The County Engineer presented to the Board a list of County Property which he would like declared surplus and sold.  On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the list of County property as presented to the Board by the County Engineer as surplus and authorized it to be sold (sealed bids) at a time and date to be determined by the Clerk.

right of way – deeds

On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Board accepted from Mr. John Tiedtke a road right of way deed located off of DR 3-3358 in Section 10, Township 20S, Range 26E.

roads – county

Mr. Andrews presented to the Board a traffic problem in Harbor Shores.  It was stated that the stop sign in question has been changed several times and no one in the area is happy with the location.  The County Engineer suggested that a three-way stop sign be erected.  On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the placement of three stop signs at Harbor Shores.

road closings

Mr. Andrew stated that it was requested that the County, because it is a joint property owner, join in the petition to close Bloxham Avenue in Tavares.  Mr. Andrew stated that he had previously rendered the opinion that he had no objection to the road closing but would like to review the matter again before the Board takes formal action on this request.  This met with the approval of the Board.

resolutions

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board adopted a resolution changing the speed limit on SR 455 in Montverde which is presently marked 55 mph to 45 mph.

county property

Mr. Andrew stated that he had been forwarded a letter to the Board from Mr. Gaylord, Attorney, regarding the possible purchase of a piece of County property located in Revised Northshore Subdivision.  Commr. Windram stated that he would like to look at the piece of property before a decision was made by the Board.  No action on Mr. Gaylord’s request was taken at this time.

roads – county

Mr. Andrew requested clarification from the Board regarding the maintenance of Fullerville Road (DR 5-8897).  He stated that the records have been researched, and it was found that the road had been placed on the County Maintenance List, but no one could find where the Board took action to remove the road from County Maintenance.  Discussion was held.

The County Attorney stated that since the County holds no title to the land and has no prescriptive rights to the road, because it has not been maintained since 1968, the County cannot at this time commence maintenance of this road.  The County Engineer stated that he would relay this to the resident in the area concerned about this road.

At this time, Mr. Andrew presented to the Board a proposed resolution for its consideration a criteria for accepting unpaved roads into the County road system.  This was discussed by the Board.  However, no formal action on the resolution was taken at this time.

schools – misc.

Mr. Andrew stated that he had received a phone call from a resident concerned about the condition of S473 (Haines Creek to the School) which is the route traveled by the school children attending the Treadway School and suggested that a sidewalk be constructed.  Discussion was held.  The Board requested the County Engineer to contact the School Board and inquire as to the number of children in the area who would walk to school rather than ride the school bus.

roads – county

Mr. Andrew stated that the President had signed the Public Works Bill and presented to the Board for its review and approval a list of roads within the County that he would like to submit to the Economic Development Administration and an application to have these roads paved under the Public Works Bill.  Discussion was held.  It was stated that several suggestions were made to construct buildings in the County, and the Board was concerned that too many applications would be submitted, which may hinder Lake County’s opportunity in obtaining approval for its projects.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved for the Public Works Department to submit the above-mentioned list to the EDA for paving under the Public Works Bill.

public health

At this time, Commr. Windram presented to the Board correspondence from Dr. June Murray regarding the possibility of reactivating the Lake County Dental Clinic.  No action was taken on this matter.

suits affecting the county

Mr. Ford reported to the Board that several months ago the Board had approved for the County Attorney to defend the suit brought by James F. Mairs for costs in a trial of which he was found innocent.  He stated that Mr. Mairs was requesting approximately $11,000 - $15,000; however, only $1,340 was awarded.

public health

Commr. Hoskinson brought to the attention of the Board that he had received a phone call from a woman who receives service from the Town and Country Refuse.  He stated that she informed him that her regular garbage pickup is on Monday and that when a holiday falls on a Monday, they will not pick up the garbage until the following regular collection day.  The Board requested the County Engineer to look into this matter.

roads – state

Commr. Hoskinson stated that he had received a phone call regarding the condition of the shoulders on S452.  It was requested that the County Engineer look into this matter.

accounts allowed

Mr. Ford presented to the Board a bill in the amount of $1,800, which represents a retainer fee for work that the County Attorney’s Office did for the Department of Transportation.  He stated that before the DOT will pay this bill, it must be approved and signed by the Board of County Commissioners.

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the aforementioned bill and authorized the Chairman to sign same.

hospitals

Mr. Ford briefed the Board on the status of the tax monies which were collected in the Northwest Lake County Hospital District for the support of the Leesburg General Hospital.  He stated that he had met with Mr. Howell, Mr. Herlong, and Father Paddock regarding the disposition of the funds in question.  Mr. Ford stated that he had suggested that the County, together with the Directors of the Leesburg General Hospital and possibly the Trustees, file a joint declaratory action suit to allow the Courts to decide which agency should be awarded the funds.  According to the County Attorney, everyone present at this meeting was in agreement that the Hospital should get these monies.

Discussion was held regarding the fact that the County did not want to file the suit and/or in any way indicate which agency should get these funds.

Mr. Ford stated that he needed some formal direction from the Board in order to argue the case when he appeared in Court.  The Board stated that it did not want the funds awarded to Lake County.  Further discussion was held.

commissioners

At 4:55 p.m. Commr. Hoskinson left the meeting.

hosptials

Discussion was held regarding the possibility of having these funds earmarked for capital improvements to the hospital and then have the funds disbursed according to the Court Order.

It was moved by Commr. Carson for the Board of County Commissioners to join with the Directors of the Leesburg General Hospital and the Trustees of the Northwest Lake County Hospital District in a Declaratory Judgment Suit to determine the disbursement according to the State Statute of the tax money collected in the Northwest Lake County Hospital District.

Further discussion was held.  Commr. Carson withdrew his motion.

commssioners

At 5:15 p.m. Commr. Hoskinson returned to the meeting.

planning and zoning

At this time, the Chairman announced that the advertised time had arrived for the second of two Public Hearings held by the Board to discuss the Comprehensive Plan Land Use Element.

The Deputy Clerk stated that proof of publication had been received and is filed in the office of the Board of County Commissioners.

The Chairman requested that Mr. Willett, Director of Planning, brief those present on the work that has been done thus far on the Comprehensive Plan and its intent.

Those present were Jim Spillers, Mr. Boyette, Louis Kuyendall, P. J. Pettyjohn and Barbara Hart.  Points of discussion were the body of government responsible for instituting the need for a Comprehensive Plan, whether or not this plan would be controlled on a local level, and whether or not it could be changed after its adoption.

Mr. Spillers stated that according to the information he had, he would be restricted from developing a piece of land due to prohibiting curb cuts.  Discussion was held, and this was changed.

Further discussion was held.  On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board adopted a resolution forwarding to the State and other designated authorities the amended copy of the proposed Comprehensive Plan Land Use Element.  Commr. Burhans voted “no.”

accounts allowed

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved the following requests:

Petty Cash for the Building Department in the amount of $50.00

Petty Cash for the Planning Department in the amount of $25.00

Petty Cash for the Landfill in the amount of $160.00

Petty Cash for the Traffic and Criminal Department $50.00

Petty Cash for the Public Works Department $50.00

October allotment for the Chamber of Commerce $2,083.33

tax levy

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board adopted a resolution establishing the Tax Millage in the Northwest Lake County Hospital District Ambulance Service Fund at .4000 per $1,000 and the Tax Millage in the Northeast Lake County Hospital Ambulance Service Fund at .2500 per $1,000.

bonds

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the cancellation of the Contractor Bond for Jett Riley at his request.

hospitals

At this time, the Board returned to the discussion of the disbursement of tax monies in the Northwest Lake County Hospital District.  On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board authorized the County Attorney to file with the Director of the Leesburg General Hospital and if necessary the Trustees a Declaratory Action Suit with the County making no claim to the money.

There being no further business to be brought before the Board, the meeting was adjourned at 7:15 p.m.

_________________________________

Thomas j. windram, chairman

 

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James C. Watkins, Clerk