A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

June 14, 1977

The Lake County Board of County Commissioners convened in Regular Session on Tuesday, June 14, 1977 in the Board of County Commissioners’ Room, Courthouse, in Tavares, Florida at 9:00 A.M.  Present were:  C.A. “Lex” Deems, Chairman; James R. Carson, Jr., Thomas J. Windram, and Glenn C. Burhans.  Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk; and Andrea Gambrell, Deputy Clerk.

Commr. Hoskinson was late in arriving to the meeting.

The Invocation was given by James C. Watkins, and the Pledge of Allegiance was led by Thomas J. Windram.

machinery and equipment/accounts allowed

Mr. Gary Knuckles, Purchasing Director, appeared before the Board regarding the need of an air conditioning/heating unit in the MVI Station in Minneola.  Discussion was held.

On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board approved the purchase of a reverse cycle air conditioner/heating unit for the MVI Station in Minneola at a cost not to exceed $325.  Commr. Hoskinson was absent for the vote.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the purchase of a calculator for the Engineering Department at a cost of $241.10.

county property

Mr. Watkins informed the Board that the Property Appraisers’ Office had requested two legal file cabinets.  He informed the Board that there are legal cabinets available on the County Property List.  At this time, Mr. Knuckles stated that the Veterans Service Officer had requested a file cabinet.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the transfer of two legal file cabinets, property number 5011 and 5996 from the County Property list to the Property Appraisers office and authorized the Purchasing Director to assign County Surplus Property to various County Departments when a certain item is requested which the County has available for use.

commissioners

At 9:10 A.M. Commr. Hoskinson arrived for the Board of County Commissioners meeting.

landfills

Commr. Deems presented to the Board a letter from the City of Groveland requesting that the Board alter the charges for the City of Groveland at the Lake County Landfills.  Discussion was held on this matter.  No action was taken on this request.

landfills

Mr. Andrew appeared before the Board and stated that all our Landfills are operating under temporary permits and requested permission to send the necessary letters and forms to the Department of Environmental Regulations to obtain permanent operating permits for the Lake County Landfills.

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board approved for the necessary information to be sent to the DER to obtain permanent operating permits for the Lake County Landfills.

grants/maps and plats

Mr. Andrew reported to the Board that it would be beneficial to have aerial photos of the Southeast Umatilla Area for which a Community Block Grant has been obtained.  He stated that the cost for such photos would be approximately $4,500 to $5,000.  Discussion was held.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved for the Engineering Department to obtain aerial photos of the Southeast Umatilla area provided that the cost of these aerial maps are taken from the funds received for the Community Development Block Grant for the Umatilla Area.

roads – county – state

Mr. Andrew appeared before the Board regarding the acceptance of Citizens Boulevard (25A) and SR 48 from Sumter County Line to SR 33 into the County Maintained System.  Discussion was held.  The Engineer was instructed to write back to the DOT stated that Lake County had been assured that it would not request the County to take over maintenance of State Secondary Roads until the proper Legislation had been passed and signed into law.  No action was taken on the acceptance of these roads into the System.

roads – county

Mr. Andrew presented to the Board a list of roads within the County to be improved under the EDA Grant.  He stated that this was a revised list and requested approval of same.  Discussion was held.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the revised list of roads, as submitted, to be improved with the County under the EDA Grant.

roads – county

Mr. Andrew presented to the Board a drainage problem off of 452.  He stated that, recently, a vacant piece of property was sold on SR 452 and the home being built on this property is near completion.  He further stated that the home has been constructed up next to the Drainage Easement which will cause a great deal of problems with draining water.  Discussion was held on the problem and the fact that the Drain was installed incorrectly.  Mr. Andrew informed the Board what steps needed to be taken in order to correct the problem.  He suggested that the Engineering Department be instructed to obtain a Hold Harmless agreement from the Property Owner and that the Public Works Department be authorized to correct the drainage problem in the above mentioned location.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the above solution to the problem as recommended by the County Engineer.

roads – county

Mr. George Smith, representative from the Department of Transportation, appeared before the Board and reviewed the Five Year Road Program Cash Flow Sheet with the Board.

He also presented to the Board copies of the tentative Construction Plan for the five year road program.

At this time, he also presented to the Board the notice that according to State Statute 334.21 must be posted on the front door of the Courthouse notifying persons of the hearing scheduled for June 22, 1977, in Deland to discuss the Work Program.  This was given to the Clerk for posting.

The Board postponed further discussion on this matter because another appointment was scheduled at this time.

budgets/commission on the status of women

Becky Champion, representative of the Lake County Commission on the Status of Women, appeared before the Board to request the Board consider budgeting funds for the operation of the Commission.  The Board discussed with Ms. Champion that when the Commission was established this matter was discussed and that the Board was assured that it would be a volunteer operation and that funds from the County would not be expected.  Further discussion was held.

Mr. Ford stated that he would like to research the legality of using County Money for the funding of such organizations.

The Board took no action on the request presented by Becky Champion.  The Board determined that it would wait for the County Attorney to research the matter and then discuss it further in a regular budget hearing.

At this time, Becky Champion requested that the Board take action on the By Laws of the Commission and its additional members.

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approves the list of members and by laws of the Lake County Commission on the Status of Women as submitted.

roads – county

The Board returned to the discussion of the Five Year Road Program with Mr. George Smith.

Mr. Smith informed the Board that he had received word on the status of the legislation involving the 5^th and 6^th cent tax monies.  Discussion was held on the manner in which roads would be classified, how the funds would be administered and the condition of the various primary road when they are turned over to the County for maintenance.

budgets

Miss Deborah Champman appeared before the Board to request the Board consider budgeting funds for the operation of Helpline because word has been received that the Department of Health and Rehabilitative Services would terminate the funding of this service June 30, 1977.

At this time Commr. Hoskinson announced to the Board and Public that he was a member of the Board of Directors of Helpline.

The Board stated that it would be unable to take action on this budget request at this time.  Miss Champman was informed that her request would be taken under consideration during the Budget Hearings.

recess and reassembly

At 12:00 Noon the Chairman announced that the Board would adjourn for lunch to the Silver Lake Golf and Country Club.  The Public and Press were invited on a dutch treat basis.

libraries

Mike Willett, Director of Planning appeared before the Board to discuss the Library Grant for Lake County.  He presented to the Board the resume of Mr. C. Beach who has indicated that he would be available to be the consultant who would conduct the study under the Library Grant.  Mr. Willett stated that a Task Force would have to be established consisting of representation from the Board of County Commissioners, a representative from each city that has a Library; however, the representative from the City should not be a member of the Library Board or the City Librarian.  The Task Force would also include three or four persons from the community at-large.

Mr. Willett assured the Board again that the County is under no financial obligation for the funding of this study and that the County is not obligated to adopt and implement the study upon its completion.

At this time, Mr. Willett stated that he needed Board approval to apply for the grant money.  On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board adopted a resolution and approved the Application and Agreement for a Planning Grant authorizing the Planning and Zoning Department to request grant money for the Library Study from the Department of State, Division of Library Services, to conduct a Library Study in Lake County.

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved the recommendation of the Planning Department and adopted a resolution and approved the Application and Agreement for the Planning Department to obtain the necessary Grant Money to conduct the Library Study.  It also approved the recommendation to establish a task force consisting of those persons mentioned above.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board appointed Commr. James R. Carson, Jr. to serve as the County’s Representative on the Library Task Force.

planning and zoning/grants

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved and authorized the Chairman to sign the Housing Rehabilitation Contracts for the homes of Mrs. Steele and Mr. Jernigan in Bassville Park.  The Board approved the Contractor Bond for Mr. Harry Berner.  The approval of this Contractor Bond is necessary to comply with HUD requirements.

sewer treatment plants

Mr. Willett presented to the Board a request from Mr. B.F. Jarrell City Manager of Eustis, that the Step I 201 Grant be expanded to allow them to perform a Sewer System Evaluation Survey.  Mr. Willett stated that he was presenting this to the Board for its information, at this time, and stated that the Board need not take any action on the matter now.

bonds

On a motion by Commr. Windram, seconded by Commr. Carson and carried, the Board approved the cancellation of the Mobile Home Bond for Charles Seligman upon the recommendation of the Planning and Zoning Department who has informed the Board that the conventional dwelling has been completed and the mobile home has been removed.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the following Contractor Bonds:

1184-77                     William A. Vinton dba Den & Walt’s Air/Heating Inc.

1541-77                     Craig S. Weber dba Perma-Bilt Pools, Inc.

1542-77                     Charles E. Welch (General Contractor)

1543-77                     Lonnie L. Caffee dba Emergency Electric Co.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the cancellation of Contractor Bond 1343-76 Vicki Pinnel dba Pro-Tek Aluminum Trim, Inc.

accounts allowed

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved travel for Jackson Haddox, County Extension Director, five delegates and one Adult Leader to attend the State 4-H Congress in Gainesville, July 25-29, 1977.

municipalities/resolutions

On a motion by Commr. Windram, seconded by Commr. Burhans and carried, the Board adopted a resolution approving the annexation of certain lands into the City of Leesburg and being rezoned to R-3 in the City of Leesburg under its Zoning Regulations.  This resolution is adopted and approved in accordance with Florida Statute 171.062 (2) (1974).

Commr. Carson abstained from the vote because he hold an interest in the Company that is interested in the purchase of the above mentioned property.

contracts and agreements/appropriations/ceta

The Deputy Clerk presented to the Board for its approval the contracts for the CETA Title VI Program.  She stated that they had been delivered by Mr. Spooner, CETA Coordinator who had informed her that the Contracts were in order and ready to be executed.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the above mentioned contracts as submitted and authorized the Chairman and Clerk to sign same.

county property appraiser

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the Certificates of Error and Correction 5-09096 through 5-09098 as submitted by the Property Appraiser.

zoning

ZONING VIOLATION 77-34  John Darrow

Mr. Ford, County Attorney, stated that last month Mr. Darrow was represented by his attorney, Mr. Dewey Burnsed.  He stated that Mr. Burnsed had contacted him and the matter had been discussed.  He suggested that it would be an expensive court case if the Board decided to bring this matter to the Courts for a decision and urged that the Board postpone this case for another 30 days in order for the parties involved to work out some sort of solution to the problem.

Mr. Bill Caulk, part owner with Mr. Darrow, appeared before the Board to object to the County making him put up a fence around his property when there was no indication in the Planning and Zoning Records that this was a requirement of the Board in the Site Plan.

Mr. Willett, stated that he had informed Mr. Darrow the proper procedure to follow in order to amend the Site Plan.  He stated that Mr. Darrow has not followed the proper procedure.  Discussion was held.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board postponed this case for 30 days.

ZONING VIOLATION 77-45  Alberta Steele

Mrs. Steele appeared before the Board regarding this case.  On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board found Mrs. Steele in violation declared the violation a public nuisance and gave her 90 days to removed one of the dwellings from the property in question.

ZONING VIOLATION 77-33  Howard Johnson

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. Johnson in violation, declared the violation a public nuisance and gave him 60 days to comply with Ordinance 1971-6.

railroads

Mr. Watkins presented to the Board a letter from the Seaboard Coastline Railroad stating that it is not interested in the sale of the small triangular piece of property located on Sinclair Avenue which is owned by them.

Commr. Carson stated that he has not yet had the opportunity to contact someone at Seaboard Coastline Railroad about the matter but would do so as soon as possible.

insurance/nursing home

Mr. Watkins presented to the Board a letter from R.J. Jones Insurance Agent for the insurance coverage of the Lake Memorial Nursing Home informing the Board that the Nursing Home may no longer be insured under JUA and the coverage would be cancelled as of July 1, 1977.

accounts refused

The Clerk presented to the Board the Architects bill in the amount of $1,124.19.  No action was taken by the Board because it had some questions to ask the Architects about certain things in the new Courthouse before approval for payment of the bill was given.

accounts allowed

Mr. Watkins presented to the Board the Landscaping bill in the amount of $15,552.00 he stated that the total bid amount was $19,200.  Discussion was held.  The Board stated that it would like to confer with the Architects on some matters involving the Landscaping before approval of the bill is given.  Further discussion was held.

On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried, the Board approved to pay Johnson and Smith, Landscapers, $10,000 of the $15,552 which was requested.  Commr. Carson voted “no” because he felt the company was well known in the area and would rectify any errors made in the landscaping without the Board having to hold back payment of funds.

meetings

Commr. Windram stated that this month the North Central Florida Health Planning Council was having its meeting at the Tavares Civic Center and that the Board was invited to attend the meeting.

funds-transfer

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

general revenue fund

Transfer $3,000.00 from Contingency to Account #2320205 – “Office Supplies and Expenses”.  Reason:  The move from old courthouse to new courthouse made it necessary to microfilm more old records and to change the case filing system; therefore

more funds are needed.

road & bridge fund

 

Please approve the following additional charges for Nursing Home renovations over and above the original amount approved.  These charges have been submitted by Electric Services, Inc., via John Dickerson Associations:

 

            Labor & material to install new roof mounted

            Exhaust fan in rest room as per quote    ……………………………$164.35

            Relocate T-State (material)……………………………………….  $  17.97

            Re-wire Refrigerator Cord (labor)………………………………  ..$  14.17

                                                                                    TOTAL:                   $196.49

animals

Commr. Hoskinson discussed with the Board a problem at the Animal Shelter with the same animal being impounded over and over again.  Discussion was held.  He stated that Frankie Rouse, Animal Shelter Manager, would like a graduated scale penalty for these animals.  She suggested that the owner be charged a $5.00 penalty for the second impoundment of his or her animal and all reoccurring impoundments of three times and over receive a penalty of $10.00.

It was moved by Commr. Carson that the penalty fees as suggested be approved and that the fee for board at the shelter be raised to $5.00 a day.  This was seconded by Commr. Windram.  Discussion was held.  At this time, Commr. Carson withdrew his motion and Commr. Windram withdrew his second.

On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board stated that there would be a penalty fee on the seconded and subsequent impoundments of the same animal of $5.00 and $10.00 and that this would be adopted by resolution or be written into the Animal Control Ordinance as determined by the County Attorney.

Discussion was held regarding the increased cost to feed animals etc.  On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board changed the boarding charge at the animal shelter from $2.00 a day to $4.00 a day.

planning and zoning

Mr. Willett appeared before the Board and stated that he staff was ready to present the Land Use Element, Housing Element, Transportation Element and Recreational Element of the Comprehensive Plan for the Golden Triangle Area.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the Transportation and Land Use Element of the 701 Golden Triangle Comprehensive Plan as submitted by the Planning and Zoning Department.

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the Housing and Recreational Elements of the Comprehensive Plan for the Gold Triangle Area provided they are accepted by the cities involved.

grants – resolutions

Mr. Willett presented to the Board a resolution to be adopted by the Board stating that the Block Grant for the Southeast Umatilla Area will not adversely affect the environment.  He stated that this is similar resolution the Board adopted in relation to the Bassville Park Community Development Block Grant and is necessary to conform with the regulations of HUD involving these grant monies.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board adopted the above resolution as presented.

funds – transfer/county employees

Mr. Porter, Director of Personnel, appeared before the Board and stated that each new employee hired by the County is required to have a physical examination.  He informed the Board that there are no funds within his budget for the payment of these examinations and requested that $259 be transferred into his budget for this purpose.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the transfer of $259 from Contingency to the Personnel Budget to pay for physical examinations of new employees being hired by the County.

jails – resolutions

Mr. Ford presented to the Board a resolution from the town of Howey regarding the charges for housing municipal prisoners at the Lake County Jail.  No action on this resolution was taken at this time.

roads – subdivision/resolutions

Mr. Ford, County Attorney, presented to the Board a correction resolution regarding the approval for improvements to be made on Lake Eustis Drive.  He informed the Board that in legal description a portion of the road was omitted by accident and this resolution would correct the original resolution adopted by the Board of County Commissioners in April.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board accepted the Corrected Resolution as presented by the County Attorney regarding Lake Eustis Drive.

accounts allowed

At this time, Mr. Ford discussed with the Board that the manner in which the Preliminary Assessment Roll was made.  The assessments against those persons living on Lake Eustis Drive would not be recorded individually unless the County was willing to pay the fees necessary to record each property owners name and the amount of money assessed to them.  He stated that this charge would be $4.00 per name.

The Board approved this expenditure, and authorized the Attorney to record, on behalf of the County, each individuals name who has a lien placed on their property for the improvements being made on Lake Eustis Drive in accordance with Florida Statute 63-1505.

adjournment

There being no further business to be brought before the Board, the meeting adjourned at 4:16 P.M.

The Chairman announced that the Board of County Commissioners would now convene in a closed Executive Session to discuss Labor related matters.  This type of closed meeting without the press present is allowed b Florida Law.

                                                                        _________________________

C.A. “Lex” Deems, Chairman

 

________________________

James C. Watkins, Clerk