A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JANUARY 16, 1979

            The Lake County Board of County Commissioners convened in Regular session on Tuesday, January 16, 1979, at 9:00 A.M. in the Board of County Commissioners' Meeting Room, Courthouse, Tavares, Florida. Commissioners present were: Thomas J. Windram, Chairman; C.A. "Lex" Deems; James R. Carson, Jr.; and Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Jennifer Kennedy, Deputy Clerk. Commr. Glenn Middleton was attending a "New Commissioner's Workshop" in Tallahassee sponsored by the State Association of County Commissioners of Florida, Inc.

            The Invocation was given by James C. Watkins and the Pledge of Allegiance was led by Commr. Deems.

            MINUTES

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the January 9, 1979, Minutes were approved as amended.

            ROADS-COUNTY, STATE, SUBDIVISION

            There was a brief discussion regarding a letter from the Florida Department of Transportation regarding Off-System Bridge Rehabilitation and Replacement Funds. Commr. Windram questioned whether or not the bridge in Venetian Village would be eligible for rehabilitation under the Highway Safety Act the letter addressed itself to.

            It was the feeling of the Board this letter should be referred to Mr. Andrew, County Engineer, with the instructions he should do a "bridge check" and make application where applicable, investigating the possibility of the Venetian Village bridge. Commr. Windram stated he would also be interested in a recommendation regarding the strip of roadway in Venetian Village not included in the county-maintained system. He said it was his understanding that in order to get from one section of county-maintained road to another, one has to travel over a section not maintained.

            EMERGENCY SERVICES/TRAVEL

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Director of Emergency Services, Robert Lewis, was authorized to attend the Natural Hazards & Comprehensive Planning Workshop, in Tallahassee, via private automobile, February 26 - 27, 1979, at a cost not to exceed $157.43.

            POLLUTION CONTROL/MAINTENANCE

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, authorization was given for a CETA crew to renovate the Pollution Control chemistry laboratory at a materials cost not to exceed $528.95. Under discussion, it was pointed out this was not a budgeted item but could be funded under "County Building Maintenance." It was requested the estimated material costs be forwarded to the Purchasing Department for the proper processing.

            EMERGENCY SERVICES/COMMUNICATIONS

            Commr. Windram stated we had received a letter from the State of Florida, Department of Health & Rehabilitative Services, stating they had no objection to Lake County using the tower adjacent to the former Detention Center in Tavares, with the understanding the State reserves the right to remove the tower at a future date. The letter further assures they will give us adequate notice should they resume control of the tower.

            PLANNING DEPARTMENT/COMMUNICATIONS

            Commr. Windram stated he had received a letter from the National Association of Counties regarding Proposed Regulations for Grant Programs for Conducting Technical Assistance Programs and Adoption of Energy Conservation Measures for Schools, Hospitals, Buildings Owned by Units of Local Government, and Public Care Institutions. This letter was referred to Mike Willett, Director of Planning and liaison person, regarding "energy."

            GRANTS/COMMUNICATIONS

            Brief discussion was held regarding the Lake/Sumter Community Mental Health Center's letter requesting the Board's support in their application as the sub-grantee in continuation of the LEAA funded project formerly operated by Helpline, Inc. The Clerk left at this time to obtain additional information regarding this request.

            ROADS - COUNTY, STATE

            Discussion was held regarding the request for a solid double line in front of the Dora Pines Mobile Home Park, located near The Ebony Club. The Board members agreed this might be a good safety measure and referred the request to the County Engineer.

            COMMUNICATIONS

            Commr. Windram asked the County Attorney for a status report regarding copies of letters he had received regarding the building on the corner of Sinclair & Ruby Streets, Tavares. Mr. Ford stated he had tried some time ago to negotiate for the County to buy the land owned by Seaboard Coastline Railroad, in that the land is contiguous to other lands owned by the County. At that time Seaboard stated they could not sell the land because they leased it to Kerr-McGee Chemical Company for their building. Subsequently, Kerr-McGee sold the building to Agrico Chemical Company who is now willing to donate the building, presently being used by the Sheriff's Department, to the County. It is the County Attorney's hope that Seaboard will now be willing to negotiate the sale of this small piece of property.

            APPOINTMENTS/COMMUNICATIONS

            Discussion was held regarding a letter from the Southwest Florida Water Management District requesting the appointment of a Liaison Commissioner. Commr. Windram appointed Commr. Carson to act in that capacity in that he presently represents us in communications with the St. John's River Water Management District. The Clerk was requested to notify Mr. McAteer of this appointment and request Commr. Carson be placed on their mailing list.

            RESOLUTIONS/PROCLAMATION

            Commr. Carson read a letter from the U.S. Department of Commerce, Bureau of the Census, requesting support regarding the 1978 Census of Agriculture.

            On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board authorized the adoption of a Proclamation, similar to the one submitted by the Bureau, urging accurate attention and prompt return of the Census questionnaire by farm households.

            BUDGETS/CETA

            At 10:00 A.M. the Chairman announced the advertised time had arrived for consideration of the Fiscal Year October 1, 1978 - September 30, 1979, CETA Administrative Grant Fund. It was noted that the proper proof of publication had appeared in the January 9, 1979, Leesburg/Commercial.

            Under discussion, Mr. Van Porter, Personnel Director, confirmed that this $223,030.00 budget covers the total CETA program for the County; a $4 million program.

            No one present in the audience had any comments for the Board regarding this public hearing.

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the CETA $223,030.00 Administrative Grant Fund Budget.

            ROADS - COUNTY, STATE - LIGHT

            Discussion was held regarding Amos Henley's, President of Hawthorne of Leesburg, request for the installation of a flashing light at the entrance to Hawthorne Development south of Leesburg on Hwy. 27.

            On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, authorization was given for a Resolution to be sent to DOT requesting a safety study regarding the installation of said flasher at Hwy. 27 and the entrance to Hawthorne.

            ACCOUNTS ALLOWED

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved payment of the following vouchers:

                        GENERAL REVENUE.................     938 - 1157

                        FINE & FORFEITURE.................     95 - 117

                        ROAD & BRIDGE.......................      233A- 293

                        DWI..............................................      7 - 9

                        TITLE II ANTI RECESSION......      10 - 11

                        YOUTH VOLUNTEER...............      2

                        NORTHEAST HOSPITAL..........      5

                        SPECIAL ASSESSMENTS.........      2

                        FISH CONSERVATION.............      8 - 10

                        SECTION 8..................................      74 - 97

                        CETA TITLE I..............................     102 - 129

                        CETA TITLE II.............................     94 - 110

                        CETA TITLE III...........................      28 - 30

                        CETA TITLE VI...........................     79 - 92

                        CETA TITLE VI PROJECTS.......      81 - 95

            INDIGENTS

            On the same motion as above the Board approved the following changes to the Indigent List:

            Dist. #l Willie Mae Barrett for Charles Mahone $34.00

            Dist. #2 John Baker for Lawrence Christian $45.00 

            REPORTS

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the January 2 - 5, 1979, Traffic-Criminal Department Distribution of Revenue report.

            SIGNS

            Mr. Robert Lewis' request for the Public Works Sign Shop to make signs for Rep. Kelly and the Safety Council was referred to the Building Committee.

            REPORTS

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of the Status report that covers the period from October 1 - December 31, 1978, Youth Programs, Inc.

            SUITS AFFECTING THE COUNTY

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, signature authorization was given for the Interrogatories regarding Hill VS Sneed, Et Al., case number 78-165-CA-01.

            MUNICIPALITIES

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the East Lake Harris Estates Subdivision Annexation Amendment from the Town of Astatula. (Dated January 10, 1979)

            SHERIFF - ACCOUNTS ALLOWED

            On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of Mr. Knuckles', Purchasing Director, memo stating he had purchased the Sheriff's laboratory equipment at a savings of $1,100.00 to the County.

            ATTORNEYS

            Mr. Watkins stated he had received a detailed, lengthy "Agreement Containing Consent Order To Cease And Desist" regarding Cavanagh Communities Corporation's land sales in the Green Swamp area. Under discussion this was referred to the County Attorney to respond to if necessary. Commr. Windram requested a copy of the Analysis at the end of the Agreement.

            GRANTS - HELPLINE

            Discussion was held regarding Lake/Sumter Community Mental Health Center's letter requesting the Board's support in their endeavor to be designated the sub-grantee in continuation of the LEAA funded project which had been performed by Helpline, Inc. Effective January 31, 1979, Helpline has terminated their sub-grantee designation.

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board endorsed Lake/Sumter Community Mental Health Center's desire to be named the sub-grantee of the LEAA funded project and continue a Helpline-type program.

            COURTHOUSE

            Mr. Watkins reported that two men were presently working on the installation of the fire alarm system in the Old Courthouse. Mr. Ford briefed the Board on the agreement worked out between he and Windale Associates regarding the problems discussed in the January 9, 1979, Meeting, Page 478.

            Agreement reached - Windale Associates will:

1.         Immediately give us a 5% reduction in equipment as well as an extra year's warranty.

2.         Effective January 15, 1979, be penalized $100.00 each week the system is not completed.

            Commr. Deems stated he would like it understood with them they forfeit all interest and funds owed them should they fail to complete the installation within thirty (30) days. On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board agreed to the above conditions.

            AUDITS - CETA

            Mr. Ford briefed the Board on the Manpower audit report. He stated the needed information is trying to be secured and will be forwarded to the Manpower State offices. The State Office has agreed to halt the proposed order and the County has waived time constraints on the State.

            Mr. Ford further stated he had informed the State offices he felt the Board would be agreeable to waiving the time element involved in this audit to enable the establishment of a working relationship between the two agencies rather than a victory, due to failure to comply timely, by one side.

            The Board expressed no dissatisfaction with Mr. Ford's decision in that the end result will satisfy the problem and answer all unsolved questions.

            LANDFILLS

            Mr. Ford reported the Winter Park firm was still interested in either condemnation procedures or a land swap arrangement on our part for securing additional acreage to our landfill in Astatula. Mr. Ford stated the firm has come down from $6,000 an acre to between $2,700 and $2,900 per acre, plus considering the inclusion of a $20,000 well. Mr. Ford recommended he be given the authority to file a condemnation suit.

            Commr. Deems moved that the County Attorney be authorized to file a condemnation suit. Commr. Carson seconded the motion.

            Under discussion, it was pointed out we must be sure the State Department of Environmental Regulations will approve the land as a continuation of the existing landfill. It was decided to table further discussion until the County Engineer was before the Board; Commr. Deems withdrew his motion; Commr. Carson, his second.

            RECESS AND REASSEMBLY

            At 10:55 A.M. the Chairman announced the Board would adjourn until 2:00 P.M. and invited the press present to join the Commissioners, on a Dutch treat basis, for a noon lunch at the Silver Lake Country Club.

            The Chairman called the meeting back to order at 11:05 A.M. During the brief recess it was discovered there were no public hearings scheduled in the afternoon and the Engineer was available to appear before the Board at this time. It was noted that all those present at the time of adjournment were still present when the Board decided to reconvene.

            COMMUNICATIONS

            Mr. Watkins informed the Board he had had a telephone conversation with Mr. Van Etten this week. Mr. Watkins had stated during that phone conversation that the Board abides by all the laws of the County as well as those of the State of Florida and the U.S. Constitution; and, further, the Board is of the opinion they have not taken anyone's property.

            Upon Mr. Van Etten's dissatisfaction with those answers, Mr. Watkins suggested he secure the services of an attorney to establish whether or not the Board acts within it's lawful boundaries.

            LANDFILLS

            Upon the arrival of the County Engineer, discussion continued regarding additional land acquisition at Astatula. Mr. Andrew stated the parcel had not yet been surveyed. Discussion continued.

            The County Attorney was instructed to try to obtain as much land as possible and proceed with the understanding the transaction must have DER site approval for expansion of the existing landfill.

            LICENSES & PERMITS

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

UTILITY PERMITS

DRIVEWAY PERMITS

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

            PLATS

            Commr. Deems moved the Board approve the Sunny Acres Subdivision Plat and accept and execute the Escrow Agreement in the amount of $53,165.20. Commr. Burhans seconded the motion. Under discussion, it was pointed out the County Attorney's office had not yet signed the Plat; Commr. Deems withdrew his motion, Commr. Burhans his second.

            BIDS/INVENTORY

            On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board declared the burned TD-25 tractor to be landfill surplus and authorized the County Engineer to advertise for bids.

            SIGNS/SPEED LIMITS/RESOLUTIONS

            On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board adopted a speed limit of 25 MPH on Cove Drive, along with the appropriate Resolution, as requested by Mrs. Allan Smith, a resident on the Drive.

            BIDS/ROADS

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved for the County Engineer to advertise for bids the next road improvement on the approved priority list --Resurfacing and Widening C-437 from SR-46 to the Orange County Line (secondary). Estimated cost $136,800.00.

            ROADS

            On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the grading of Fox Fire Lane, on a one-time basis, for Carl Rodkey, at two hours grading time for a cost of $52.00, provided the funds are received prior to any work being started and with the understanding the County is under no obligation to further maintain the road.

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request of George W. French for repair work, on a one-time basis, on Cresthaven Road and Cresthaven Drive, consisting of 4 tons of asphalt at $45.00, for a total cost of $180.00, provided the funds are received prior to any work being performed, and with the understanding the County is under no obligation to further maintain this section of roadway.

            PUBLIC WORKS DEPARTMENT/TRAVEL

            On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, authorization for travel was given Robert Andrew, County Engineer, to attend a "SACERS" Semi-Annual Meeting on March 8, 9, and 10, 1979, in Jacksonville, Florida. Approval was given covering registration fee, reservations, and the use of the County vehicle.

            DEEDS

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the release of the road reservations from the Department of Transportation as contained in the following Deed Numbers:

            # 251, all but 25 feet from centerline of Ninth Avenue in City of Mount Dora.

#1354, all but 30 feet from centerline of Temple Avenue and Laurel Avenue in City of Howey-in-the-Hills.

            #1993, all but 17.5 feet from centerline of St. Louis Avenue in City of Eustis.

            #2545, all but 33 feet from centerline of Deal Drive and Creston Avenue.

            #2475, all but 33 feet from centerline of Lewis Street.

#21684, all but 33 feet from centerline of Twelfth Street and Chestnut Street in the City of Clermont.

            ROADS - COUNTY, STATE

            Discussion was held regarding Marion Construction's suggestion of working out a trade in shoulder material on the SR-42 Project.

            Under discussion, Mr. Ford stated the County is unable to sell directly to a private contractor, but possibly a trade, in the form of a direct credit, could be worked out regarding the shoulder material, provided the County would have no use for the dirt. It was the feeling of the Board we have a use for the dirt; and, therefore, the request should be turned down.

            On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the request for a direct credit regarding shoulder material to Marion Construction was denied.

            ASSESSMENTS - CANAL STREET

            Mr. Andrew stated he had been approached by the residents of Canal Street in Yalaha, Springs Bath & Yacht Club, Unit III, regarding a lien assessment project on their street. Mr. Andrew stated he felt a ballpark figure would be from $18,000.00 to $25,000.00. Under discussion, it was decided nothing more should be done regarding this request until the County can locate the money necessary. It was further suggested Mr. Andrew ask the residents to contact their local banks and see if any of the banks would be interested in the project.

            Mr. Ford, County Attorney, was instructed to send a letter to all banks notifying them of a new bond issue and requesting a response regarding their feelings. Commr. Deems requested that should we not receive a written response, the banks in Lake County be called and our letter to them so documented.

            COMMUNICATIONS

            Mr. Andrew stated he had reviewed the Board's request of last week regarding Lots 6 and 7, Block "D", Shakey Lake Subdivision, Plat Book 8, Page 55, Public Records of Lake County, and he can see no use of the land for the County. At this time Commr. Windram read a memorandum from the Planning Director stating the same.

            On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Clerk was instructed to write DNR and state the County is not interested in this property.

            ACCOUNTS ALLOWED

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved partial payment to Superior Asphalt for the Hilltop Subdivision lien assessment in the amount of $7,533.94.

            PUBLIC WORKS-TRAVEL

            On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved travel for Robert Andrew to attend the District V Liaison Committee Meeting, January 25, at the Holiday Inn, Altamonte Springs. It was further understood there was a registration fee in the amount of $6.25.

            PLATS

            On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board, upon the recommendation of the County Attorney, approved the Sunny Acres Subdivision Plat earlier discussed in this meeting, Page 498. The motion further accepted the Escrow Agreement in the amount of $53,165.20.

            ACCOUNTS ALLOWED/COUNTY POLICY/OBSTETRIC PROGRAM

            Discussion was held regarding the confusion resulting from the attempt to carry out the policy adopted by the Board on September 19, 1978, regarding an Obstetric Care Program for the period February 1, 1978 - September 30, 1978. It was the feeling of the Board that their original intent in initiating the program was not being carried out. Originally the program was felt proper to subsidize Waterman Memorial Hospital in Eustis to offset the burden they inherited when Leesburg General stopped delivering babies. At that time the Commissioner for District #3, J.M. Hoskinson, stated he felt South Lake should be offered the same program as Waterman; and, after due consideration, it was therefore decided to be fair all hospitals should be allowed to take advantage of the $500.00 ceiling per delivery for those patients who qualify (as determined by the County Welfare Department).

            Lengthy discussion occurred in which it was pointed out the monies for this program are General Fund monies. Although South Lake and the Northeast area already get tax monies to operate an OB ward, the County Attorney stressed those taking advantage of the County program did not have to be from outside that district since they are going to be indigent anyway.

            Commr. Deems again stressed that the original intent was to help those coming from the Leesburg area (North Lake).

            At this time, the Chairman gave specific examples of how the policy should work:

•          If the doctor has been paid $40.00 and the hospital bill due is $600.00, the County should pay $460.00.

•          If the doctor has been paid in full and there is a $360.00 hospital bill due, the County should pay $360.00.

            It was the feeling of the Board the doctor’s bill must be included in the hospital bill.

            On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board authorized payment of the OB bills as audited by the Finance Department to be in compliance with the Board's policy regarding OB.

            Commr. Burhans was out for the vote.

            EMERGENCY MEDICAL SERVICES

            There was a brief discussion regarding an ambulance service problem and a request for a workshop session by the City of Leesburg. Under discussion, it was pointed out that Waterman Memorial Hospital handles more calls than Leesburg General for less money. It was further pointed out that the County is not in receipt of any audit reports from the City of Leesburg. The Clerk was instructed to write Leesburg and tell them the Board would be happy to discuss their ambulance service with them at a future date, after receipt of their audit reports.

            There being no further business to be brought before the Board, adjournment was at 12:35 P.M.

Thomas J. Windram, Chairman

James C. Watkins, Clerk