A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
october 12, 1976
The Lake County Board of County Commissioners convened in regular session on Tuesday, October 12, 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, Deputy Clerk.
The Invocation was given by James C. Watkins, Clerk, and the Pledge of Allegiance was led C.A. Deems.
communications
Commr. Windram reported to the Board that he had been notified that the bill pending in Congress pertaining to the Counties receiving payments-in-lieu of taxes for those lands owned by the federal government which are tax exempted had been passed. He stated that according to the correspondence he received, the President has 10 days to sign or veto the bill.
proclamation
The Chairman stated that he had received a letter regarding the observance of Foster Parent Week from October 17 – 23, 1976. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board adopted a proclamation designating October 17 – 23, 1976 as Foster Parent Week in Lake County.
commissioners
At 9:10 a.m. Commr. Hoskinson arrived for the Board of County Commissioners meeting.
communications
Commr. Windram presented to the Board a letter from the Department of Agriculture, Forest Service regarding a land exchange offer from Mr. Martin Milling of 55 acres more or less in the Domingo Fernandez Grant Subdivision in exchange for 32.1 acres located adjacent to his house on Sellers Road in Marion County.
The Chairman presented to the Board a letter from the President of Extension Homemakers Association thanking the Board for its support of its programs during the year.
proclamations
Commr. Windram presented to the Board a letter he received from the Department of Community Affairs informing him that the Governor has signed a Proclamation designating December 6 -12, 1976 as Human Rights Week. On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the Board adopted a proclamation designating December 6 – 12, 1976 as Human Rights Week in Lake County.
minutes
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the minutes of the meeting of September 7, 1976 as amended.
roads – county
Mr. Oscar Archibald appeared before the Board regarding the need for some maintenance on a road that runs off of DR 1-7016. Discussion was held. Commr. Carson informed Mr. Archibald that he had a meeting with the County Engineer on Friday, October 15, 1976, and would look into the matter and would contact him to discuss what could be done about the matter.
minutes
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the minutes of the meeting of September 14, 1976 were approved as amended.
On a motion by Commr. Carson seconded by Commr. Hoskinson and carried unanimously, the minutes of the meeting of September 21, 1976 were approved as amended.
civil defense
Mr. John Sargent, Bill Driggers, and Frank Ockert appeared before the Board at 9:30 a.m., 9:45 a.m., and 10:00 a.m. respectively for their scheduled interview before the Board for the position of Disaster Preparedness Coordinator.
Points of discussion were their experience in the field of Disaster Preparedness, the reason for seeking this position, and their knowledge of the Department and salary.
Discussion was held. On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the Board directed that the position of Disaster Preparedness Coordinator be offered to Mr. Bill Driggers at a salary of $8,400 effective October 18, 1976.
suits affecting the county
Commr. Windram stated that on Friday he was served with a summons regarding a suit that has been filed by a citizen in Leesburg stating that the referendum which is to appear on the ballot regarding the employment of a full-time County Attorney is unconstitutional and requesting a declaratory judgment be made on the matter.
The Chairman stated that he had spoken with Mr. Ford, County Attorney, about the matter and, of course, he is aware that Mr. Ford will be unable to defend the suit. He further stated that he authorized the County Attorney to select an attorney to represent the County in this legal action and hoped the Board would concur with this decision.
Mr. Ford suggested the County employ another attorney and recommended Mr. Dewey Burnsed be considered by the Board. Mr. Ford stated that he had talked to Mr. Burnsed about the matter, at which time he indicated that he would be willing to represent the County in the above-mentioned suit.
county buildings and grounds
The Chairman stated that Mary Hamner, Administrator at the Lake County Nursing Home, had contacted him regarding the inspection that was made at the nursing home and the deficiencies which were noted at that time.
Discussion was held on what action the Board could take to find out exactly what deficiencies existed so that they could be corrected all at the same time and could eliminate the constant deficiencies being cited by the various inspectors. Commr. Windram stated the Lake County Nursing Home was one of the finest in the State of Florida.
It was requested by the Board that Commr. Carson review the inspection report and inform the Board of the deficiencies and then possibly the Board could schedule a meeting with the federal and state inspectors involved in this area to discuss with them this situation.
road closings
Mr. Bob Andrew, County Engineer, appeared before the Board to report on the soil borings which were taken on the property owned by Mr. McKay which the County may accept in trade for the closing of DR 1-1917. He stated that clay had been found on the land; however, there was quite a bit of overburden which would have to be moved. Mr. Andrew stated that he would like to inquire as to the possibility of obtaining another piece of land belonging to Mr. McKay. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved for the County Engineer to contact the property owner with regards to the possibility of obtaining another piece of land in trade for DR 1-7917, which Mr. McKay is petitioning to be closed. The Board also approved for Mr. Sam Cook, MAI, to submit an opinion of value if necessary on any other property which the Board may be requested to consider as a trade for DR 1-7917.
On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board postponed the closing of DR 1-7917 until November 2, 1976 at 2:00 p.m.
bids
Mr. Andrew reported to the Board that there was a communication problem between Purchasing and the Engineering Department when the tabulations were being made on the fuel quotations which were received by the County on August 27, 1976. Mr. Andrew stated that due to an error in the information presented to the Board, the County would be spending more money for fuel than it is paying at the present time. Discussion was held. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board authorized the County Engineer to purchase the County’s fuel needs at the lowest cost possible and to continue having Mr. Kirkpatrick deliver the gasoline to the various service points.
autos and trucks
Mr. Andrew reported to the Board that he had offered $20,000 for the two diesel trucks which were discussed on October 5, 1976. He informed the Board that the owner counteroffered with a price of $24,000. No action was taken at this time.
roads – subdivision
Mr. Andrew reported to the Board that Thompson Place in South Clermont Shores Subdivision had been brought up to County Specifications and was ready to be taken into the County Maintained System. He reminded the Board that on August 3, 1976, the Board waived the need for Thompson Place to meet the required width and cul-de-sac dimensions provided it met County Specifications in every other respect. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, upon the recommendation of the County Engineer, Thompson Place (DR 3-1235) meeting County Specifications was taken into the County Maintained System.
ordinances
At 11:00 a.m. the Chairman announced that the time had arrived for the Board to consider two ordinances amending the Subdivision Rules and Regulations which were postponed to this time and date.
Mr. Willett, Director of Planning, stated that he had discussed the ordinances with the County Engineer, and the only area that Mr. Andrew would like to study further and possibly change to some degree was the section on drainage. Discussion was held. Mr. Andrew and Mr. Willett requested that the Board postpone these ordinances for another week, which would allow them enough time to review and discuss this section.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board postponed the two subdivision ordinances until October 19, 1976 at 10:00 a.m.
county property
Commr. Windram stated that last week Mr. Andrew had presented to the Board a letter from Mr. Gaylord, Attorney, regarding the possibility of purchasing a piece of property owned by the County in Eustis located off of Grove Street. Commr. Windram stated that he had looked at the property, and if it was sold it would not hinder the ingress or egress of property owners in the area. Commr. Burhans stated that a survey should be made of the road so that the County is sure it is not selling any of the right-of-way. Commr. Windram directed the County Engineer to survey the road in question.
meetings
Commr. Windram stated that on October 19, 1976, there is going to be a Human Resources Workshop from 9:00 a.m. to 3:00 p.m. at the Agricultural Center to which the Board has been invited. Commr. Windram stated that possibly the Board could visit the workshop before adjourning for lunch. At this time, the Chairman requested the Clerk not to schedule any appointments from 11:00 a.m. to 12:00 noon on October 19, 1976.
schools – misc./roads – county
Commr. Deems presented to the Board a request from the School Board for the County to accept Greenway Drive in the Sylvan Shores Subdivision into the County maintained system. Commr. Windram requested that this discussion be postponed until after lunch and requested that the Clerk prepare copies of all correspondence on this subject as well as obtain a copy of the Plat before the Board begins any formal discussion on the matter.
county employees
Commr. Windram presented to the Board a memorandum from Mr. Porter regarding a centralized personnel system. He stated that according to this memo, he would like to change his recommendation to allow each department to maintain the personnel records for its employees according to the guidelines which will be established by the Personnel Office and that the Personnel Office would audit the system to make sure the records are being maintained properly. It is also recommended that each department head designate someone from his department to work with the Personnel Office involving these records and should be a confidential employee.
On a motion by Commr. Hoskinson seconded by Commr. Carson and carried unanimously, the above recommendation was approved, and the Board directed the Clerk to contact all department heads regarding the above.
roads – state
Commr. Windram presented to the Board correspondence from the Department of Transportation regarding the work on SR 50 from Mascotte to the Sumter County line.
The Chairman presented to the Board another letter from the Department of Transportation informing the Board that it is going to prohibit parking on certain portions of 500 A and reduce the speed limit to 45 mph. The Board requested that this letter be forwarded to the County Engineer.
At this time, Commr. Hoskinson discussed with the Board the matter involving the installation of traffic signals at the shopping center in Clermont. He stated that when this road was constructed, the DOT stated that the cost of the traffic signals would be included in the construction cost which would enable the lights to be added at a later time. Commr. Hoskinson further stated that the City Officials feel the traffic signals are needed in this location; however, the DOT is now stating that the cost of these signals are the responsibility of local and/or county government. Commr. Hoskinson stated that he was planning to discuss this matter with the proper authorities at the Department of Transportation in an attempt to resolve the matter.
planning and zoning
Commr. Windram stated that he had received copies of certain elements of the Florida State Comprehensive Plan Guidelines. He requested that this be forwarded to Mr. Michael Willett, Director of Planning.
bonds
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the following Contractor Bonds were approved:
29-77 Alvin R. Tyre dba Al Tyre & Son
64-77 Leo Zeak, Jr. dba L&S Plumbing & Pipe Fitting
77-77 Same Thompson dba Thompson Electric Company
86-77 Jack C. Ramey dba Ramey’s Dry Wall
105-77 James Horst dba Horst Brothers, Inc.
112-77 Gunter Wittig dba Air Conditioning, Refrigeration & Electric Contractor
120-77 William J. Brett dba Mechanical Contractor
161-77 Simplex Inc. – Specialty Contractor
310-77 Lester Een dba House of Tile
388-77 L. K. Casson dba Refrigeration Service
581-77 Wayne R. Ausmus dba Elmhurst, Inc.
674-A-77 G.E. Lee Electrical Contracting and Appliance dba Master Electrician
825-77 Herman Nickell dba Nickell House Movers
919-77 L.T. Westbrook dba Westbrook Air Condition & Plumbing Inc.
1025-77 Seburn Seagraves dba Brownie Septic Tan Service
1066-77 Jack P. Bratton dba Plant City Electric, Inc.
1191-77 Bob Hollingsworth dba Sentry Mobile Service, Inc.
1200-77 James D. Bass dba Aquarian Plumbing
1284-77 George Dougherty dba Dougherty & Williams Mechanical Contractors
1364-77 Richard Moreland dba Central Florida Underground, Inc.
1440-77 Harold G. Price dba Craft Electric, Inc.
licenses and permits
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the $500 firearm bond for Betty Jane Revello.
bonds
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board approved the bond of Mrs. R. J. Thornton as a member of the Board of Trustees of the Lake-Sumter Community College.
checks received
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board accepted checks totaling $126.46 which represents the purchase of voters lists and accepted a voucher in the amount of $81.90 which represents verification of petitions for the Sunshine Amendment, Inc.
accounts allowed
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved travel for Jackson Haddox and Lawrence Sistrunk to attend the Florida State Horticultural Society Meeting in Miami Beach from November 2 – 5, 1976.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the payment of bills for the 201 Facilities from the 1976-1977 Budget in the amount of $7,537 and $23,042. These bills have been approved by Michael Willett, Director of Planning.
On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved for the following vouchers to be paid:
General Revenue #3094-3395 Aquatic Weed Control #6
Road and Bridge #1075-1180 Mosquito Control St. I #3
Auto Inspection #234-249 Mosquito Control St. II #2
COR (County Bldgs.) #6-7 Fine and Forfeiture #511-547
indigents
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved for the following changes to be made on the indigent list:
CANCEL Sally Chishlom for Marie Smith Dist #5 $45.00
ADD Lewis Hart for William Montez Dist #2 $40.00
ADD Grace Brooks for Mathew Gibson Dist #1 $40.00
accounts allowed
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved payment of the bill from Jones Dickerson, Architects, in the amount of $5,611.27 which is in accordance with their contract.
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board approved payment of the bill from P & C Thompson Brothers, General Contractors, in the amount of $141,436, which is in accordance with their contract.
hospitals
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board approved the admission of Willie Adams to the A.G. Holley State Hospital.
recess and reassembly
At 11:45 a.m. the Chairman announced that the Board would adjourn for lunch at the Silver Lake Golf and Country Club. The public and press were invited on a Dutch-treat basis.
licenses and permits
Mr. W.K. Hennesey, Director of the Department of Pollution Control, appeared before the Board to request approval for the Coca Cola Company Foods Division to place approximately 100 yards of broken concrete rubble and up to 50 yards of sand backfill on the shoreline of the Minute Maid Recreation Park to reduce the erosion effects of Lake Griffin. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the aforementioned project to recover loss of land due to erosion.
accounts allowed
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved the travel request for W.K. Hennessey to attend the Florida Local Environmental Regulation Association Quarterly meeting and to attend a public hearing on new DER Local Program Regulation to be held in West Palm Beach on October 20, 1976 to October 22, 1976.
courthouse/easements
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved Florida Power Corporation’s Agreement for Underground Electric Service and granted an easement for the facilities on customer-owned property.
road closings
Christopher Ford, County Attorney, presented a memorandum from Robert Andrew, Director of Public Works, regarding the Bloxham Avenue Street vacation as requested by the City of Tavares. Discussion was held. No action was taken at this time.
roads
At this time, the Board discussed the request to accept Greenway Drive into the County Maintained System. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved for Greenway Drive in the Sylvan Shores Subdivision be taken into the County Maintained Road System and that a letter be sent to Mr. Broadway, Superintendent for County School Transportation Services, informing him that only Greenway Drive, Eudora Road, Morningside Drive, Palmetto Road, and Northland Road are to be used by the school buses as daily routes and that the route is not to be altered in any way to include additional roads within this subdivision.
road closings
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board concurred that they had no objection to advertising the closing of Bloxham Avenue at Trafford Street as required by the City of Tavares.
roads – county – state/contracts and agreements
Christopher C. Ford, County Attorney, presented a contract from the Department of Transportation regarding the maintenance and repair of the railroad crossing on SR 565, north of Highway 33 & 50 in Groveland. Mr. Ford mentioned that according to this contract the County would be responsible for the total cost of the project. Discussion was held.
The Board requested that Mr. Ford contact the Department of Transportation to see if they might devise a plan to share the cost of this project.
zoning
zoning violation 76-110 Molokai Mobile home park
No one appeared before the Board regarding this case. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board dismissed this case since the Molokai Mobile Home Park had complied with Ordinance 1971-6.
zoning violation 76-117 – raymond shriver
No one appeared before the Board regarding this case. On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board found Mr. Shriver in violation, declared the violation a public nuisance and gave him 60 days to comply with Ordinance 1971-6.
zoning violation 76-118 mike phelps
No one appeared before the Board regarding this case. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board found Mr. Phelps in violation, declared the violation a public nuisance and gave him 30 days in which to comply with Ordinance 1971-6.
zoning violation 76-120 bruce porter
Mr. and Mrs. B.M. Porter appeared before the Board regarding this case. Mr. Porter stated that the vehicle in question is still in violation due to the fact that he has been unable to obtain the parts needed to repair it. Discussion was held. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board postponed this case until November 9, 1976 at 2:00 p.m. or as soon thereafter as possible.
zoning violation 76-121 W.A. Whaley
No one appeared before the Board regarding this case. A letter has been received from Mr. Whaley and his physician stating that Mr. Whaley is physically unable to take care of the matter at this time. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board postponed this Zoning Violation hearing until January 11, 1976 at 2:00 p.m. or as soon thereafter as possible.
zoning
A violation case was brought before the Board on April 9, 1974 under the name of Earl Freeman, ZV 74-13, which involved a dump site in Astor. The dump site was cleared and remained so for some time. However, there has been a problem with people continuing to use the area as a dumping site without the owner’s consent. On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board directed that “No Dumping” signs be placed at various locations on the property in question.
zoning violation 76-88 ellis smith
No one appeared before the Board regarding this case. The Board was informed by the Zoning Department that the area had been cleared and no longer was in violation. On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the Board dismissed the case since the violation no longer exists.
county property
The Board requested the Clerk to contact the engineer regarding the fencing that is to be placed around the County Parking Lot on Main Street.
outdoor recreational facilities
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the following Certificates of Completion for boat docks in: Clermont, Umatilla, Gilbert Park, Astatula, and Howey-in-the-Hills.
There being no further business to be brought before the Board, the meeting was adjourned at 2:30 p.m.
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Thomas j. windram, chairman
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James C. Watkins, Clerk