A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

AUGUST 8, 1978

The Lake County Board of County Commissioners convened in regular session on Tuesday, August 8, 1978, at 9:00 a.m. in the Board of County Commissioners’ Meeting Room, Courthouse, Tavares, Florida.  Present were:  James R. Carson, Jr., Chairman; C.A. “Lex” Deems; J.M. Hoskinson; Thomas J. Windram; and Glenn Burhans.  Others present were:  Donald Smalt, Deputy In Charge of Finance; Christopher C. Ford, County Attorney; and Jennifer Kennedy, Deputy Clerk.

The Invocation was given by Donald Smalt and the Pledge of Allegiance was led by Commr. Carson.

COMMUNICATIONS

A letter was received from Dr. June Murray, County Health Director, praising Mr. Gene Dixon, Maintenance Supervisor, for the fine job he is doing when problems arise. The Board requested that Mr. Dixon be sent a copy of Dr. Murray’s letter.

accounts allowed/municipalities

Discussion was held regarding the County Transportation Trust Fund.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried, the Clerk was instructed to turn $160,196.80 over to the Cities as follows, and in accordance with Chapter 336.59(2), Florida Statutes:

Astatula                        $1,125.77

Clermont                      17,874.75

Eustis                           27,457.66

Fruitland Park               3,494.90

Groveland                    5,204.40

Howey In The Hills       3,923.96

Lady Lake                    2,421.98

Leesburg                     57,474.73

Mascotte                      1,863.55

Minneola                      1,987.68

Mt. Dora                     18,743.90

Montverde                   1,091.98

Tavares                       12,293.69

Umatilla                        5,237.85

Commr. Hoskinson was out for the vote.

accounts allowed/travel/civil defense

On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, Mr. Robert Lewis’s request to attend a Civil Defense Career Development Course, Phase IV, Civil Defense Staff College, Battle Creek, Michigan, September 18-29, 1978, at an anticipated cost of $636.00 was approved.  It was noted that expenses while at the college are 100 percent federally funded for lodging and two (2) meals per day (breakfast and lunch) except Saturday and Sunday meals.  Travel and per diem to and from the college is 50 percent federally funded including meals and claimed while in residence.  Mr. Lewis plans to leave September 16, 1978 and return October 1.

bonds

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

083-78             James McCutcheon dba Tropic Homes, Inc.

1675-78           T.A. Youngblook (Moving Contractor)

1677-78           George L. Hart (Building Contractor)

reports

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Traffic-Criminal Department Distribution of Revenue Report covering July 24-31, 1978 was accepted.

licenses and permits

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, a gun permit and bond was approved for John C. York.

accounts allowed

Mr. Gary Knuckles, Purchasing Director, appeared before the Board regarding several items.

On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, Mr. Knuckles was authorized to proceed in purchasing $15,000-$20,000 worth of sign blanks.  It is estimated that by anticipating next year’s needs and purchasing now, the County may save up to about 30 percent of the total cost.

accounts allowed/bid tabulation

Mr. Knuckles presented the Crawler Tractor Bid Tabulations to the Board and explained that we have approximately $17,760 worth of State Funds to use towards this purchase.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, Mr. Knuckles was instructed to work with the County Attorney in processing the necessary paperwork to purchase a Crawler Tractor from Rozier Machinery Co., Orlando, Florida, at the low cost bid of $107,561.50.  This figure, less our state funds brings the actual cash outlay to $89,801.50.  This was the lowest bid meeting county specifications.  Other bids received are as follows:

Florida-Georgia Tractor, International TD-20E, $120,000 less trade of $8,000, Bond performance of $2,042.00; Total cost purchase price - $114,042.00.  Guaranteed Mx. Repairs 5 yrs. (+) $32,000.00, 5 yr. Repurchase Value (-) $63,000.00, 5 Yr. Total Cost Bid:  $83,042.00.

Rozier Machinery Co., Caterpillar D7G, $120,904.00 less trade of $15,000.00, Bond performance of $1,657.50; Total cost purchase price - $107,561.50.  Guaranteed Mx. Repairs 5 yrs. (+) $32,000, 5 Yr. Repurchase Value (-) $78,500; 5 Yr. Total  $61,061.50

De Wind Machinery Co., Fiat-Allis 16-B, $108,345.00 less trade of $7,100 for a firm purchase price of $101,245.00

The trade-in mentioned above is a TD-15, Property #4624.

accounts allowed/municipalities

Discussion was held regarding the establishment of cooperative purchasing procedures among the county and any interested municipalities, as well as the school board.

On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, Mr. Knuckles was given permission to work with Mr. Ford, County Attorney, to actively pursue the concept of cooperative purchasing within Lake County.  Under discussion it was stressed that all suppliers understand that deliveries are to be made to the purchaser as well as be supplied with a clarification of where bills are to be sent.  This is a procedure whereby those involved will economically benefit due to the increased volume generated in sales.

road closing

At 10:00 a.m., the Chairman announced the advertised time had arrived to consider whether or not to close a 60’ dedicated county road, which has never been built, and which runs almost parallel to the Apopka Canal from SR 448 to SR 48.  No one present, except Mrs. Marybeth Pullum, representing the petitioner, expressed an interest in this advertised road closing.  Mr. Andrew stated the proper proof of publication was on hand.

On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, it was moved to close and abandon that road (legal description following) and allow title to revert back according to law in Florida Statute 336.12:

ALL THAT PART OF:  THE EAST ½ OF THE SOUTHEAST ¼ OF SECTION 15, TOWNSHIP 20 SOUTH, RANGE 26 EAST; THE NORTH ½ OF THE NORTH ½ OF THE NORTHEAST ¼ OF SECTION 22, TOWNSHIP 20 SOUTH, RANGE 26 EAST; THE NORTHWEST ¼ AND THE EAST ½ OF THE SOUTHWEST ¼ OF SECTION 23, TOWNSHIP 20 SOUTH, RANGE 26 EAST, LYING WEST OF THE APOPKA-BEAUCLAIR CANAL LYING WITHIN (30’) THIRTY FEET (60’ TOTAL) ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINES:

CENTERLINE NO. 1 – COMMENCE AT THE SOUTHEAST CORNER OF SECTION 15, TOWNSHIP 20, SOUTH, RANGE 26 EAST:  THENCE RUN NORTH 89 DEGREES 22’15” WEST, 136.24 FEET TO THE POINT OF BEGINNING (STATION 29+10.24 OF THIS CENTERLINE; THENCE RUN NORTH 40 DEGREES 04’05” WEST 737.64 FEET TO THE START OF A CURVE TO THE RIGHT (CONCAVE TO THE NORTHEAST) WITH A CENTRAL ANGLE OF 43 DEGREES 22’30” AND A RADIUS OF 1145.92 FEET; THENCE RUN IN A NORTHERLY DIRECTION TO THE END OF SAID CURVE, A DISTANCE OF 867.50 FEET; THENCE RUN NORTH 3 DEGREES 18’25” EAST 996.89 FEET TO A POINT OF INTERSECTION

CENTERLINE NO. 2 – COMMENCE AT THE NORTHEAST CORNER OF SECTION 22, TOWNSHIP 20 SOUTH, RANGE 26 EAST; THENCE RUN NORTH 89 DEGREES 22’15” WEST 136.24 FEET TO THE POINT OF BEGINNING (STATION 29 + 10.24 OF THIS CENTERLINE); THENCE RUN SOUTH 40 DEGREES 04’05” EAST 283.42 FEET TO THE START OF A CURVE TO THE RIGHT (CONCAVE TO THE SOUTHWEST) WITH A CENTRAL ANGLE OF 40 DEGREES 57’ AND A RADIUS OF 1,432.40 FEET:  THENCE RUN SOUTHERLY ALONG SAID CURVE TO ITS END, A DISTANCE OF 1,023.75 FEET; THENCE RUN SOUTH 0 DEGREES 52’55” WEST 258.19 FEET TO THE START OF A CURVE TO THE LEFT (CONCAVE TO THE NORTHEAST) WITH A CENTRAL ANGLE OF 74 DEGREES 42’ AND A RADIUS OF 572.96 FEET; THENCE RUN ALONG SAID CURVE TO ITS END, A DISTANCE OF 747.00 FEET; THENCE RUN SOUTH 73 DEGREES 49’05” EAST 110.82 FEET TO THE START OF A CURVE TO THE RIGHT (CONCAVE TO THE SOUTHWEST) WITH A CENTRAL ANGLE OF 74 DEGREES 41’40” AND A RADIUS OF 572.96 FEET; THENCE RUN IN A SOUTHERLY DIRECTION ALONG SAID CURVE TO IS END, A DISTANCE FO 746.94 FEET:  THENCE RUN SOUTH 0 DEGREES 52’35” WEST 2785.48 FEET TO THE CENTERLINE OF STATE ROAD S-48 (STATION CENTERLINE) ALSO ALL THAT PART OF THE NORTHEAST ¼ OF THE SOUTHEAST ¼ AND THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 15, TOWNSHIP 20 SOUTH, RANGE 26 EAST, LYING WITHIN (25’) TWENTY-FIVE FEET (50 FEET TOTAL) ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:

COMMENCE AT THE SOUTHEAST CORNER OF SECTION 15, TOWNSHIP 20 SOUTH, RANGE 26 EAST; THENCE RUN NORTH 89 DEGREES 22’15” WEST 136.24 FEET TO STATION 29+10.24 OF THIS CENTERLINE; THENCE RUN NORTH 40 DEGREES 04’05” WEST 737.64 FEET TO THE START OF A CURVE TO THE RIGHT (CONCAVE TO THE NORTHEAST WITH A CENTRAL ANGLE OF 43 DEGREES 22’30” AND A RADIUS OF 1145.9+ FEET; THENCE RUN IN A NORTHERLY DIRECTION TO THE END OF SAID CURVE, A DISTANCE OF 867.50 FEET:  THENCE RUN NORTH 3 DEGREES 18’25” EAST 996.89 FEET TO A POINT OF INTERSECTION AND POINT OF BEGINNING OF THIS DESCRIPTION; THENCE RUN NORTH 16 DEGREES 03’37” WEST 328.83 FEET TO THE RIGHT OF WAY LINE OF STATE ROAD 448; COMMENCE AGAIN AT THE POINT OF BEGINNING; THENCE RUN NORTH 26 DEGREES 44’38” EAST 272.66+ TO THE RIGHT OF WAY LINE OF STATE ROAD 448.

MAPS AND PLATS

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, authorization was given for the Chairman and Clerk to sign the Lake Gertrude Groves Partial Replat, as well as accept a Performance Bond and Agreement for Construction and Maintenance of Streets, Alleys and Other Rights-of-Way (these are in the possession of the Public Works Department).

roads

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, partial payments were approved as follows to Leecon, Inc.:

Project #240, C-473 Haines Creek Road         $14,376.96

Project #160, Glover Street                              $ 7,834.68

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the request of Mr. Carl Rodkey for grading, on a one-time basis, at a cost of $26.00 for one-hour grader time, on Fox Fire Lane.  It is understood that work cannot begin until the funds are received by the Finance Department and it understood the County will not be responsible for continued maintenance of this road.

signs

Discussion was held regarding damaged or missing road signs due to vandalism.  Mr. Andrew reported that another person had been apprehended by the Sheriff’s Department this week.  After reviewing the costs per year (approximately $37,000), it was the feeling of the Board that the County Attorney make the State Attorney’s office aware of the cost involved and request that offenders be prosecuted to the fullest extent of the law.

roads-SUBDIVISIONS

Discussion was held regarding certain roads in the condominium section of the Dora Pines Subdivision.  This was also discussed at the July 18, 1978 Meeting.  Mr. Andrew informed the Board that after two unsuccessful attempts at meeting certain requirements regarding the roads in question, the developer had brought in satisfactory test results on the road.  It was the feeling of the Board and the opinion of the County Attorney, that it would not be unwise for the County, because of two previous negative results, and now one affirmative conclusion (all arrived at by the same engineering firm) that the county on its own, to protect those citizens of the subdivision, as well as to be sure the terms of the county-issued CUP were being upheld, select and employ an engineer to make sure the roads in question meet the county specifications.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried, Mr. Andrew was instructed to proceed in getting the needed tests.  Commrs. Carson and Hoskinson voted “No,” in that they felt it Dora Pines’ responsibility to pay for the needed additional test.

Mr. Dempsey, representing Dora Pines, was present to answer any questions the Board may have had.

property appraiser

On a motion by Commr. Deems, seconded by Commr. Windram and carried, Certificates of Error and Correction on the 1977 tax roll No.’s 5-19851 through 5-19863 were approved as submitted by the Property Appraiser’s office.  Commrs. Hoskinson and Burhans were out for the vote.

communications

Discussion was held on a request from Mr. Robert Fox, Chairman of the Fun Run Committee of the Lake County Democratic Executive Committee, regarding the closing of a traffic lane for a run.  Upon the advice of the attorney, the Board decided there was no valid public purpose involved in the blocking of traffic for this run.  It was further pointed out that this was a fund-raising event in which the Board should not become involved.  It was suggested the Clerk reply to Mr. Fox stating the Board’s view and suggest he contact the Sheriff’s department for help.

municipalities

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, it was requested correspondence from the City of Eustis regarding their intent to annex a piece of property located at the southwest corner of SR 452A and SR 19 into the City become a part of county records as follows:

E ½ of the following described property:  that part of the SW ¼ of the SW ¼ of Section 35, Township 18S, Range 26E, Lake County, Florida.  Lying S of the southerly right-of-way line of State Road S-452A; W of the westerly right-of-way line of State Road 19; E of the easterly right-of-way line of Old State Road 19, containing approximately 8.4 acres.

roads/state

Brief discussion regarding a letter from the Department of Transportation requesting the waiving of “any charges to the Florida Department of Transportation when we are working in your county.”  It was suggested this letter be referred to the Clerk for comment.  DOT was objecting to a $1.00 copying charge, saying it costs more in paperwork to process the bill.

ordinances

Discussion was held regarding the adoption of an Ordinance which would enable waterway speed controls.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the County Attorney was instructed to draft an Ordinance which would incorporate the ideas of the Resolution presented by the Oklawaha Basin Recreation and Water Conservation and Control Authority, as well as the intent of any previous Resolutions governing speed limits on waterways, in order that the Water Authority would at last get the “legal” authority to do what they have been doing.

recess and reassembly

At 11:10 a.m. the Chairman announced the Board would recess for lunch at the Silver Lake Country Club; the public and press were invited on a dutch treat basis.  The Board reconvened at 1:30 p.m.

grants

Mr. Mike Willett, Director of Planning, appeared before the Board to discuss Lake County’s participation with cash in a Nutrition Program for fiscal October 1978 – September 1979.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board agreed to continue to fund this program on a cash-match basis for October 1978 – September 1979, not to exceed $8,100.00.

grants

Mr. Willett requested the Board meet in Special Session on Tuesday, August 22, 1978 at 11:00 a.m. to consider and approve a 3-year federally-funded Housing Urban Development program.  The special meeting is necessary due to the fact that public hearings need to be scheduled before the Board can take any formal action, and because of the time element involved, the program could not be presented to the Board in time for their next meeting.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, it was decided the Board would meet in Special Session Tuesday, August 22, 1978, 11:00 a.m. to consider and approve a $993,000.00 three-year program covering special projects already approved by HUD.

accounts allowed/travel

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, travel was approved for Kathy McDonald, Jerry Grief, and Michael Stearman to attend a HUD Workshop for the purpose of clarification of HUD Grant application forms.  This is scheduled for Jacksonville, Florida, August 15, 1978, at a cost of $12.50 per person, for a total of $37.50.

bonds

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried, the Chairman was authorized to sign a letter of release regarding the mobile home bond of Bobby Grimes.

Commr. Windram was out for the vote.

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried, the Chairman was authorized to sign a letter of release regarding the mobile home bond of Mr. Frank J. Williams of Sorrento.  Commr. Windram was out for the vote.

contracts and agreements

The County Attorney was instructed to write a letter to Postal Colony Groves, stating we would like to review certain figures with them and renegotiate our present contract.

recess and reassembly

At this time, a five-minute recess was called.  The Board reconvened at 2:00 p.m. for Zoning Violations.

zoning violations

zoning violation zv-78-72 – ed hurston and ed brown

No one present wished to discuss this case with the Board.

On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, Messrs. Hurston and Brown were found to be in violation of Ordinances 70-1 and 77-3 and granted thirty (30) days in which to comply.

zoning violation zv-78-73 – mr. ernest paul

Mr. Ernest Paul was present to discuss his violation with the Board.  Mr. Paul explained when he originally received his notice of violation he thought it was for blinking lights on the portable sign he had;  he stated he immediately turned the lights off.

It was explained to Mr. Paul that the portable sign itself was also in violation.  Mr. Paul was offered various suggestions for coming into compliance.

On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, Messrs. Paul and Driggers (property owner) were declared in violation of Ordinance 77-3 and given sixty (60) days in which to comply by either trying to get a variance or moving the sign.

zoning violation zv-78-75 – henrychurch

No one was present to discuss this case with the Board.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, Mr. Church was declared to be in violation of Ordinance 71-6 and granted sixty (60) days in which to comply.

zoning violation zv-78-80 -  mr. lester kalmanson

Mr. Lester Kalmanson was present to discuss his case with the Board.  Mr. Kalmanson explained he was not aware he was violating any ordinance, he was only trying to run his business.  Discussion continued regarding how he could come into compliance.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, Mr. Kalmanson was declared in violation of Ordinance 71-6 and given sixty (60) days in which to have plans drawn and obtain a building permit which, at that time he will submit to the Board of County Commissioners, who will evaluate his intent to come into compliance and consider whether or not additional time is warranted.  The Board would then consider a six-month extension to give Mr. Kalmanson time to build the building.

Ms. Low, Secretary to the Board of County Commissioners, requested that a Mr. Potter’s Zoning Violation case be heard at this time due to Mr. Potter’s health.  Upon receiving no objections from those present, Ms. Low was instructed to escort Mr. and Mrs. Potter into the Board Meeting Room for their case.

zoning violation zv-78-81 – mr. james vernon potter

Mr. and Mrs. Potter were present to discuss their violation with the Board.

On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board found Mr. Potter in violation of Ordinance 70-1 and granted him sixty (60) days in which to come into compliance.

Mr. Willett was requested to bring this case back to the Board after sixty days if Mr. Potter was still in violation, rather than turn it over to the attorney’s office for prosecution, due to Mr. and Mrs. Potter’s age and health.

zoning violation zv-78-81 – mr. murdock shaw

Mr. Shaw was present to discuss his case with the Board.  During the discussion it was discovered that since the time of the last inspection, Mr. Shaw had erected the required fence to come into compliance.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, this case was postponed thirty (30) days, allowing the Zoning Department time to reinspect the property, at which time the violation will be dismissed if the fence meets all requirements.

zoning violation zv-78-60 – mr. dave smith

Mr. John Merritt, attorney for Mr. Neely Dillon, property owner on which the alleged violation exists, was present to discuss this case with the Board.  This case was postponed from last month to enable the County Attorney to better research the “grandfathering in” of certain occupational uses.  Mr. Merritt stated the grand-fathered-in use his client had was the rental of a mobile home space and stressed the importance of the use being continued even though the mobile home is replaced by a like mobile home, and not the “original” grandfathered-in mobile home.

Commr. Burhans moved all charges be dropped against Mr. Dillon.  This motion died for lack of a second.  Discussion continued.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, this case was postponed an additional thirty (30) days to allow Mr. Merritt time to secure affidavits regarding the number of units in the mobile home park, in order that it can be established that Mr. Dillon is not enlarging his operation, but rather continuing the “grandfathered-in” use as intended.

budgets

At this time, Mr. Calvin Glidwell, City Manager of Leesburg, appeared before the Board at the request of the City of Leesburg, to request an additional $80,000 be added to their original request of $273,648.00.

Mr. Ford explained that the Board of County Commissioners is the taxing power, yet the municipalities can’t just come in and say they want so much and tax the people.  It was the feeling of the Board that additional budget sessions would have to be held in order to better evaluate the proposed increased millage this would generate in the Northwest Hospital ambulance district.

Mr. John McCloud, on the Board of Directors of the Leesburg General Hospital, stated the Board should look upon this increase as an end to a two-year reprieve the citizens had experienced.

licenses and permits

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved an add-on to the gun permit of Sgt. R.A. Clarke.

assessments/bonds

Mr. Ford expressed his desire to hire an attorney experienced in Federal Security Laws in order to establish that our Special Assessment Bonds are not public offerings and therefore in violation of any statutes.  He estimated the cost could be anywhere from $200 - $1,000.00.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, Mr. Ford was authorized to obtain an opinion from an attorney specializing in Federal Security Laws.

There being no further business to be brought before the Board, adjournment was at 4:45 p.m.

 

_______________________________

jAMES R. CASON, JR., CHAIRMAN

 

 

ATTEST:

 

 

 

________________________________

JAMES C. WATKINS, CLERK