A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
november 1, 1977
The Lake County Board of County Commissioners convened in regular session on Tuesday, November 1, 1977, at 9:00 a.m., in the Board of County Commissioners’ Room, Courthouse, Tavares, Florida. Present were: C.A. “Lex” Deems, Chairman; Thomas J. Windram; Glenn C. Burhans; James R. Carson, Jr.; and J. M. Hoskinson. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; Andrea Gambrell and Jennifer Kennedy, Deputy Clerks.
The Invocation was given by James C. Watkins, Clerk, and the Pledge of Allegiance was led by James R. Carson.
county employees
Mr. Watkins, Clerk, presented to the Board the resignation of Mrs. Doris Babb, Supervisor of the Finance Department – Revenue Division. He requested the Board adopt a resolution commending Mrs. Babb for her many years of service while employed as a Lake County employee. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board adopted a resolution stating same.
ceta/appropriations/funds – transfer
The Clerk brought to the attention of the Board that the federal check to pay the CETA employees has not yet arrived, and this is needed to pay the County’s CETA workers. Mr. Watkins requested that the Board approve the transfer of approximately $19,065.96 plus matching benefit costs from Contingency to the proper CETA account in order to meet the payroll. This would be done with the understanding that when the federal check arrived, these monies would be returned to the contingency account. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the above as outlined by the Clerk.
salaries
Commr. Burhans discussed with the Board the possibility of the County employees being paid every two weeks. Discussion was held as to whether or not this would be too heavy a load on the County’s Payroll Department. Mr. Watkins assured the Board that in his opinion this change could be handled with the present staff. The Board requested Mr. Watkins to review this suggestion and report back to the Board.
road closings
At 9:15 a.m. the Chairman announced that the time had arrived for the Board to consider the closing of Howard Avenue in Gertrude Groves, which was postponed to this date.
Mr. Champion, Petitioner, appeared before the Board regarding this road closing. At this time, he stated that he had a letter from the Department of Transportation, who own the right-of-way along this road and therefore can be considered adjoining property owners, stating that it had no objection to this road being closed.
Mr. Tally, attorney representing Mr. Matsche, an adjoining property owner, appeared before the Board and stated that his client was still opposed to the closing of this road.
Mr. Champion requested that the Lake County Planner, Mr. Willett, and the Lake County Engineer, Mr. Andrew, present their views to the Board regarding this matter. Discussion was held.
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board denied the request to close Howard Street.
sheriff/reports
At 9:30 a.m., the Honorable Malcolm McCall, Sheriff of Lake County, appeared before the Board to present his annual report. At this time, he also presented to the Board a check in the amount of $118,103.89, which represents unused money in his 1976-1977 Fiscal Budget.
funds – transfer
On a motion by Commr Windram, seconded by Commr. Carson and carried unanimously, the Board approved the transfer of $32,000 in the Sheriff’s Budget from “Expenses Other than Salaries” to “Equipment.”
minutes
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the minutes of October 4, 1977 as amended.
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board approved the minutes of October 11, 1977 as amended.
On a motion by Commr Windram, seconded by Commr. Carson and carried unanimously, the Board approved the minutes of October 18, 1977 as amended.
tax collector – accounts allowed
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved the request from T. Keith Hall for funds in the amount of $19,616.15, which is 1/12 of his budget. It was also approved that the 1/12 of his budget be advanced to him each month until the first remittance of the tax collections for the 1977 tax roll are received.
roads – county – state
Commr. Deems presented to the Board a letter from the Department of Transportation informing the Board that LeeCon Construction Company was awarded the bid for the Dixie Avenue project in Leesburg.
Commr. Deems also presented to the Board a letter from the Department of Transportation informing the Board of the alternation of work the DOT will conduct on roads in Lake County due to the transfer of the 5th and 6th gas tax money responsibility to the counties. It was requested that each Commissioner be given a copy of this letter.
communications
Commr. Deems presented to the Board a letter from the Sanford Chamber of Commerce asking if Lake County was interested in participating in a research program for the control and ultimate eradication of the blind mosquito. It was requested that this letter be referred to Mr. Phil Yoder, Director of Mosquito Control, as well as Ted Wicks, Acting Director of Pollution Control.
communications
Commr. Deems presented to the Board a letter from Claude Smoak, Jr., Mayor of Clermont, inviting the Board of County Commissioners to attend a meeting on Tuesday, November 8, 1977 at 7:30 p.m. in the Jenkins Auditorium in Clermont to discuss water related issues.
communications/resolutions
Commr. Deems presented to the Board a letter from the City of Leesburg commending A.C.A. Entertainment World for bringing outstanding cultural entertainment to the area. On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board adopted a resolution commended A.C.A. Entertainment World for its cultural events.
reports/sheriff
On a motion by Commr Windram, seconded by Commr. Carson and carried unanimously, the Board formally accepted the Annual Report of the Sheriff and accepted the check in the amount of $118,103.89.
libraries
Commr. Burhans brought to the attention of the Board that he had read in a newspaper that the Library Research Committee had suggested that Umatilla Library be closed. Discussion was held. It was discovered that this was a recommendation by the League of Women Voters and that no such proposal was being formally considered.
planning and zoning/communications
Commr. Deems stated that he had informed the County Attorney of the many telephone calls he has received regarding the activities of the Odyssey Bottle Club and would like Mr. Ford to make a report on his findings at this time.
Mr. Ford presented to the Board a copy of the Bottle Club Ordinance from Clearwater. He stated that this ordinance was adopted due to a special act being passed which allowed Clearwater to pass such an ordinance.
The Board requested Mr. Ford to continue research on the matter and report back to the Board on the results of his research.
accounts allowed
Commr. Hoskinson presented to the Board a request from Mr. Ragland, Veteran Service Officer, to attend a meeting in Orlando on November 16, 1977. It was requested that Mr. Ragland be informed that he is allowed to attend one day meetings, provided it does not involve an overnight stay, without approval from the Board subject to it being in his budget.
courthouse
The Clerk was asked if the County had received a response from the State Fire Marshall’s Office citing the deficiencies found in the Old Lake County Courthouse during a fire inspection. Mr. Ford stated that the State Fire Marshall had been written a letter as well as telephoned requesting this information be sent to us as soon as possible.
The Board requested Mr. Ford write a letter to the Honorable Bill Gunter explaining to him the difficulty the County is encountering in obtaining this requested information from the State Fire Marshall’s Office.
animals
Commr. Hoskinson brought to the attention of the Board a problem at the Animal Shelter involving a woman in the Wekiva River Acres area who apparently has approximately 15 dogs which run free in the neighborhood and are becoming a nuisance to the people living in the area. He stated that according to the Shelter Manager, Mrs. Rouse, several of her dogs have been picked up, but the owner always reclaims them. The Lake County Humane Society is in the process of bringing this matter to court in an effort to have a judge order that the animals be taken from the owner. It was requested by the Lake County Humane Society that it be allowed to board the above-mentioned dogs at the Shelter with the understanding that the Humane Society would be responsible for the bill incurred by the animals while at the Shelter. Discussion was held on the precedent this would set in Lake County regarding the holding of animals.
Mr. Ford suggested that the County could enter into an agreement stating that it would agree to hold these animals for 10 days and that Lake County agrees to cooperate with the Court regarding the holding of the above-mentioned animals if the Court Order so states that these dogs will be impounded. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved the recommendation of the County Attorney.
At this time the Board requested that the County Attorney’s Office contact the Animal Shelter and discuss this situation with the Shelter Manager.
roads – county/grants
Mr. Andrew, County Engineer, appeared before the Board with the Summary Sheet on the bids received for the paving of roads in Lake County under the EDA Grant.
Discussion was held on the irregularities pertaining to the various construction companies not completing certain forms in the specifications. Mr. Andrew stated that according to EDA, the Board of County Commissioners has the right to waive any irregularities.
Discussion was held on the various bids received. On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board accepted the bids which were received and waived any irregularities of the construction companies in the completion of certain forms in the specifications. This waiver is permitted according to information received from the Economic Development Administration. The Board also instructed the County Engineer to prepare the necessary contracts for execution by the low bidder and the County on November 8, 1977.
pollution control/landfills/accounts – transfer
Commr. Windram brought to the attention of the Board that the State is requiring certain monitoring tests be done at the various landfills. He stated that some of the tests could be done “in house” if additional equipment and supplies could be purchased, and other tests could be “farmed out” when it was necessary. Discussion was held.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the transfer of $1000 from Contingency to the Pollution Control Budget, of which $600 would be used for equipment and $400 would be used for supplies.
accounts allowed/appropriations
Commr. Windram presented to the Board additional office furniture which is needed in the CETA Department. On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved for the County to purchase the requested furniture with the understanding that it would be leased to the State for use by the CETA Department.
bids/autos and trucks
Mr. Knuckles, Director of Purchasing, appeared before the Board and requested permission to place out for bids two diesel dump trucks. He informed the Board that the County would be trading in five old trucks on these two diesel trucks. On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved for the Purchasing Director to place out for bids two diesel dump trucks at a time and date to be determined by the Clerk.
county property
The Clerk presented to the Board a request for recording equipment for the new Deposition Department at a cost of $3,946.47. On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board approved the above-mentioned purchase and authorized the necessary transfer of funds.
accounts allowed
On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved travel for Gary Knuckles to attend a meeting in Orlando pertaining to Governmental Purchasing November 15-18, 1977.
courthouse
Commr. Hoskinson discussed with the Board the request of the sheriff to have a water cooler installed in the security area of his department in the New Courthouse. He informed the Board that approximate total cost would be $800. No action was taken at this time, and it was requested that Commr. Hoskinson look into the matter further.
county property
The Clerk presented to the Board a list of property from the County’s Fixed Asset Lists, which needs approval from the Board for them to be deleted from the fixed asset list, due to the property being destroyed, lost, stolen, or traded. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the removal of the submitted list of County Property and authorized the Chairman to sign same.
courthouse
Commr. Hoskinson presented to the Board a proposal to solve the parking problems around the Courthouse facilities. Discussion was held regarding what areas would be reserved for employee parking and what areas would be used for visitor parking.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried, the Board approved the recommendation of the Building Committee regarding the parking around the Courthouse. Commr. Windram was absent for the vote.
recess and reassembly
At 12:00 noon the Chairman announced that the Board would adjourn for lunch at the Park Restaurant in Tavares. The public and press were invited on a dutch-treat basis.
roads – county
Mr. Mort Aulls, Attorney for Mrs. Eckerson, appeared before the Board requesting that his client be given legal access to her property behind the Astatula Landfill by Lake County. Discussion was held.
The Board requested that Mr. Ford, County Attorney; Mr. Aulls, attorney for Mrs. Eckerson; and Robert Andrew, County Engineer, confer on this matter and report back to the Board at a later date.
courthouse/accounts allowed
The Clerk brought to the attention of the Board that on June 21, 1977, the Board approved additional landscaping around the Courthouse. He stated that additions to the irrigation system also need approval, which apparently got overlooked. The Clerk therefore requested approval for additional irrigation apparatus at a cost of $350. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the above expenditure.
contracts and agreements
Mr. Watkins presented to the Board for its approval the contracts for Legal Aid which will allow them to obtain $5,532.00 for its operation. Mr. Watkins informed the Board that this was the same contract as was approved several months ago; however, when Legal Aid forwarded them to Tallahassee for signature, their grant amount was reduced by $62 and the format was changed. On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the contracts as submitted and authorized the Chairman to sign same.
bonds
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the following contractor bonds:
336-78 Robert S. Lang (Commercial Pool)
990-78 Ralph O. Cone dba Ralph O. Cone Roofing Co.
1154-78 Delbert B. Rucker (Plumbing)
1411-78 James Garemore (Plumbing)
1593-78 Marcene Standridge (General Contractor)
1595-78 Frank J. Kutch (Aluminum Erection & Mobile Home)
1569-78 Pepsi Co. Building Systems, Inc. (Building)
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the cancellation of the following Contractor Bonds:
25-74 Jack W. Stoodt
74-67 Robert Fedor
184-71 Paul M. Snowberger
1275-77 D. Keith Lucas
1334-76 Jack Roberts
1510-77 Golmont & Onderizik, Inc.
1513-77 Southern Siding Supply Inc.
1536-77 William T. Honry
1586-78 Jimmies Sign Service, Inc.
licenses and permits
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the following Gun Permit Applications and $500 Gun Permit Bonds:
W.H. Watson Joan L. Wollin Ernest Wollin, M.D.
lake county property appraiser/reports
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board accepted the Annual Report of the Property Appraiser which was filed with the Board on October 17, 1977.
county employees
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request of the personnel office to place Mrs. Dorothy Deremo on leave of absence without pay for three months effective October 12, 1977.
contracts and agreements
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the two contracts from Indian Fruit Company for the harvesting of oranges on the Simmons Property and authorized the Chairman to sign same. The Board also accepted the two checks in the amount of $500 and $1,000 for the above. The Board requested that before the contracts were returned, a legal description of the piece of property be attached to the appropriate contract.
accounts allowed
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the issuance of a check to the Great Central Insurance company from the Fine and Forfeiture Fund in the amount of $201.86. This is in compliance with a Court Order dated August 1, 1977 in the case of the State of Florida vs. Willie James Lindsey.
checks accepted
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board accepted the check in the amount of $15 from the firm of Ford, Cauthen & Robuck which represents reimbursement of Sheriff’s Service Fee in the case of Thomas Bumby and Billy N. Roace. This is in accordance with the Final Judgment of each case.
accounts allowed
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved payment of the following vouchers:
General Revenue 18-166
Auto Inspection 3-9
Fine and Forfeiture 8-31
County Trans. Trust 3-53
Fish Conservation 1
Youth Volunteer Counselor 1
CETA Title I 1-35
CETA Title II 1-22
DWI School 1
Section 8 17-24
CETA Title VI 1-22
CETA Title VI Projects 1-27
maps and plats
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the plat of Lake Murphy Estates and approved for it to be recorded.
licenses and permits
On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried, the Board approved the following Driveway and Utility Permits:
PERMIT # PERMITTEE PURPOSE ROAD
2-360 Sumter Electric Coop, Inc. Distribution Line 2-2539
2-361 Sumter Electric Coop, Inc. Distribution Line 2-2824
3-362 City of Tavares 12” Water Main 4140
2-364 City of Leesburg Sanitary Sewer C-44A
2-363 Florida Power Corporation KV Line SR-25
5-365 Sumter Electric Coop, Inc Distribution Line 5-8898
974 Florida Telephone Corp. Buried Cable 4-5672
975 Florida Telephone Corp. Buried Cable Crossing 4-5470
976 Florida Telephone Corp. Buried Cable & Equip. Cabin C-466A
977 Florida Telephone Corp. Buried Cable 5-7883
DRIVEWAY PERMIT
4-348 Lovell Peddicord SR 46A
1-349 Plymouth Rock Realty C-466A
1-350 C.W. Bankston Construction Co., Inc. DR 1-5109
Commr. Carson abstained from the vote because he is a member of the Board of Directors of the Florida Telephone Corporation.
roads – subdivision
On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved for the following County Road Numbers to be assigned to the following roads in Cashwell-Minnehaha Subdivision:
Elvert Street 3-1038A
Burton Street 3-1036
resolutions/roads – county
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board adopted a resolution placing a 10-ton weight limit on the two wooden bridges on Bay Lake Road.
deeds
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the release of the following Murphy Act Deeds as recommended by the County Engineer:
1. #1600 release all but 33 feet on Ohio
2. #1058 release all but 33 feet on Ohio and releases everything North of the North Right of Way line of Lake Nettle Drive.
roads – county
Mr. Andrew presented to the Board a request from the Water Authority for the County to accept into its County Maintained System a clay road leading to one of its projects. This road would be off of SR 33 in S 22 & 23, T. 21S, R 24E. Discussion was held and no action was taken. The Board requested Mr. Andrew discuss this matter with the Water Authority and explain the County’s policy in this type of situation.
Mr. Andrew requested the Board to ask the DOT to bring approximately 106.61 miles of primary road that will become secondary roads up to good standards before they are transferred to the County for maintenance.
Discussion was held. It was the feeling of the Board that it would like to bring to the attention of the DOT that the conditions of these roads are of concern to Lake County.
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board adopted a resolution requesting the DOT to bring certain primary roads up to “Green Book” standards as well as compare them with comparable roads in Lake County before they are transferred to Lake County for maintenance.
road closings
Mr. Andrew presented to the Board a request to advertise for the vacation of a part of DR 4-4461. He informed the Board that the right-of-way involved was deeded to the County. The Board delayed action on this request until the County Attorney could be present.
bonds/roads subdivision
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the release of the maintenance bond for Montverde Mobile Home Subdivision and Deer Island Estates.
resolutions
On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board adopted a resolution requesting the Governor fund the Department of Natural Resources Land Survey and Perpetuation Act.
roads – county
Mr. Andrew presented to the Board for its approval the 1977-1978 Road Construction Projects for Lake County. Discussion was held.
Mr. Andrew stated that the County does not have the right-of-way on all the roads in question. The Board stated that the Engineering Department should work on acquiring right-of-way, and if difficulty is encountered on one road, to proceed to the next project on the list. On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved the 1977-1978 Road Construction Projects for Lake County as submitted by the County Engineer.
accounts allowed
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the purchase of 40,000 MVI Certificates at a cost of $8,638.
road – closings
The Board discussed the request to close a portion of DR 4-4461. Mr. Ford stated that if the right-of-way was deeded to the County, it would have to be declared surplus and sold publicly. No action was taken on this request at this time.
maps and plats
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved the preliminary plat of Cherry Laurel Estates Subdivision as presented to the Board by the engineer.
At this time, the Board requested Mr. Andrew confer with the County Attorney to alter the Subdivision Rules and Regulations which allow a developer to obtain preliminary approval of a Plat before the improvements are constructed.
roads – county – state
Commr. Hoskinson brought to the attention of the Board a problem at the intersection of SR 50 and SR 455. Discussion was held.
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board adopted a resolution requesting the Department of Transportation to provide an acceleration and deceleration lane at the intersection of SR 50 and SR 455.
resolution
Mr. Ford presented to the Board a resolution regarding the A.B. Merritt Road which returns to certain persons the land which they donated along this road and was not used. It was requested that Mr. Andrew review this resolution before action is taken on this resolution.
courthouse/accounts allowed
Mr. Watkins, Clerk, stated that Mr. Ford had reviewed the documents that the County had received from Jones and Dickerson, Architects, and P.C. Thompson Construction Company. The documents requested final payment to the Architects in the amount of $507.50, payment to the General Contractor in the amount of $172,783.42 and approval of Change Order #6. Discussion was held on the items which were not satisfactory in the Courthouse and which the Board of County Commissioners would like repaired before final payment on the Courthouse is made.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved for the above checks to be written, but instructed the Clerk to hold them until the Board of County Commissioners directed them to be released. The Board also approved Change Order #6 as presented.
ordinance
Mr. Ford presented to the Board an Emergency Ordinance providing for the issuance of Special Assessment Improvement Bonds for the paving of North Crest Circle in Eustis.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board declared that an emergency existed.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved for the above Ordinance to be placed on for its first and only reading by title only.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board read the above-mentioned Ordinance by title only, which is as follows:
AN EMERGENCY ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $10,000 SPECIAL ASSESSMENT IMPROVEMENT BONDS OF THE COUNTY OF LAKE, STATE OF FLORIDA, FOR THE PURPOSE OF PAYING THE COST OF GRADING, PAVING AND OTHERWISE IMPROVING NORTH CREST CIRCLE, IN THE EUSTIS HEIGHTS SUBDIVISION, LAKE COUNTY, FLORIDA; DESCRIBING ALL OF THE DETAILS OF SAID BONDS AND PROVIDING FOR THE COLLECTION, SEGREGATION, AND DISPOSITION OF THE SPECIAL ASSESSMENTS LEVIED AGAINST THE PROPERTY ABUTTING NORTH CREST CIRCLE FOR THE PURPOSE OF PAYING THE PRINCIPAL AND INTEREST OF THE SPECIAL ASSESSMENT IMPROVEMENT BONDS.
On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board adopted the aforementioned Emergency Ordinance as presented to the Board.
licenses and permits
The Clerk presented to the Board an application for a gun permit for Mrs. Sara Booth. It was brought to the attention of the Board that the Police Chief of Groveland recommended that she not be given a gun permit.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board denied the gun permit application for Sarah Booth upon the recommendation of the Groveland Police Chief.
There being no further business to be brought before the Board, the meeting adjourned at 3:45 p.m.
_____________________________
C.A. “Lex” deems, chairman
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James C. Watkins, Clerk