MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS
monday – june 14, 1971
The Board of County Commissioners of Lake County, Florida, convened in regular session on Monday, June 14, 1971, in the Commissioners’ Room, Courthouse, Tavares, Florida, at 9:00 a.m. with the following members in attendance: Thomas J. Windram, Vice Chairman; James R. Carson, Jr.; C. A. Deems; and Kenneth VanAuken. Others in attendance were: Christopher C. Ford, County Attorney; Fred M. Harpster, County Engineer; James C. Watkins, Director of Planning; Frank E. Owens, Clerk of the Circuit Court; and Norma H. Coven, Deputy Clerk.
The Chairman J. M. Hoskinson was not present for the opening of the meeting.
The meeting was called to order by the Vice Chairman, and the invocation was delivered by Mr. Deems and the Pledge of Allegiance to the Flag was given.
On motion of Commr. Deems, seconded by Commr. Carson and carried, the minutes of the regular meeting of April 12, 1971 were approved as submitted.
The Board members approved the present indigent list as there were no changes.
Jim Livingston, President of Lake Improvement Association, appeared and requested the Board to pass some kind of regulation prohibiting commercial fishermen from fishing from sunrise to sunset. Commr. Carson stated there is a similar law to this effect concerning Lake Dora and asked that Mr. Livingston furnish the County Attorney with copy of same.
Tom Hanson of Lady Lake appeared and registered a complaint against the Pollution Control Board, the road program, the Mosquito Control program, and the Safety Council.
The Chairman was present at this time.
roads – state
Commr. Carson read a letter from the Department of Transportation concerning a public hearing on July 27, 1971 at 7:00 p.m. at the Groveland Community Center. The hearing is being conducted to afford interested persons the opportunity of expressing their views concerning the location, social, economic, and environmental effects of Project No. 11020-1502, State Road 33 and 50 in Mascotte to State Road 33 and 50 in Groveland.
It now being the time advertised to receive bids on the following items, the Chairman directed the Clerk to open and tabulate the bids; whereupon, the Clerk reported receiving bids from the following:
One Pickup Truck
Hodges Equipment Company $2,502.60
Bob Wade Ford, Inc. $2,759.89
D. C. Waters Ford, Inc. $2,661.44
On motion of Commr. Carson, seconded by Commr. Windram and carried, the Board referred the bids to the County Engineer for study and recommendation.
Four Ice Machines
Crane Refrigeration Unit Price $653.51 ea. $2,614.04
On motion of Commr. Windram, seconded by Commr. Deems and carried, the Board referred the bid to the County Engineer for recommendation.
Later in the day, the Engineer recommended that the bid on the four ice machines be accepted from Crane Refrigeration as the best and lowest bid, and same was accepted on motion of Commr. Carson, seconded by Commr. Deems and carried.
Workmen’s Compensation Insurance
Geiger, Holstein, Church, Inc. (Travelers Ins. Co.) $16,376.00
Dillard-Tally Insurance Agency (Twin City Fire Ins. Co.) $16,376.00
Leesburg Insurance Agency, Inc. (Twin City Fire Ins. Co.) $16,376.00
John Alden Murray Agency (Aetna Insurance Co.) $16,377.00
Noblitt Insurance Agency (Nationwide Mutual) $16,380.00
Olivenbaum Insurance Agency (Aetna Insurance Co.) $16,377.00
Simpson-Waite, Inc. (Twin City Fire Ins. Co.) $16,376.00
Olivenbaum Insurance Agency (Twin City Fire Ins. Co.) $16,376.00
On motion of Commr. Windram, seconded by Commr. Deems and carried, the Board referred the bids to the County Attorney for recommendation.
Later in the day, Attorney Ford advised the Board has the choice of two bids-Geiger, Holstein, Church, Inc. (Travelers) and Noblitt (Nationwide). Bids from Twin City Fire Insurance Company cannot be considered because of not meeting the specifications. Nationwide reports they pay a 10 percent dividend routinely and feel the Board could consider the dividend as paid at the end of the year, making the net premium low. There is no assurance in Aetna’s bid that a dividend will be paid.
On motion of Commr. Carson, seconded by Commr. VanAuken and carried, the Board accepted the bid of Geiger, Holstein, Church, Inc. as the best and lowest bid to furnish Lake County Workmen’s Compensation Insurance at an estimated annual premium of $16,376.00, effective July 5, 1971.
bonds – official
The Honorable T. Keith Hall, Tax Collector, appeared and introduced himself to the Board and requested approval of Public Official Bond, surety Transamerica Insurance Company. On motion of Commr. Carson, seconded by Commr. Deems and carried, the bond for the Tax Collector was approved.
On recommendation of the Board of Examiners and on motion of Commr. Carson, seconded by Commr. VanAuken and carried, the Board adopted a resolution approving the National Fire Code, effective October 1, 1971, for Lake County as filed in the office of the Planning and Zoning Commission.
Planning and zoning
Mr. Watkins informed the Board that Tyler Crusades is in violation of Zoning Regulations by placing trailers on land they had previously been denied Conditional Use Permit No. 266-3. On recommendation of the Attorney, the Planning Director was instructed to make another report of the status of the violation within 20 days and report back to the Board.
Mr. Watkins informed the Board the Planning and Zoning Department has been working with the cities of Leesburg, Tavares, and Clermont, and involved with Howey and Lady Lake on building inspections. Completing septic tank analysis for the County and have reports from U.S.G.S. and Schweizer that will be very helpful in developing certain areas.
laws and legislature
The Chairman discussed the proposed bill providing for the return to the counties of that portion of the seventh cent gas tax which presently goes to the Department of Transportation for maintenance of secondary roads. Effective October 1, 1971 the Department may distribute the funds for the maintenance of secondary roads to the County, and the County may accept full responsibility of the maintenance. The Attorney was instructed to study the bill further.
Commr. Carson referred to the opinion of the County Attorney concerning the vacating of plats. Attorney Ford stated the 1970 Legislature repealed the Statutes regarding the vacation of plats, however, no law was passed prohibiting the County from vacating all or a portion of a plat and still feels the County may vacate plats and recommends the procedure as set forth in Florida Statutes 193.601 and 193.611 be followed. The Board directed the Attorney to draft a resolution in lieu of provisions in the Statutes providing for the powers to vacate plats or portions thereof.
On motion of Commr. Deems, seconded by Commr. Carson and carried, it was approved that the Board of County Commissioners’ meetings will convene on the first three Tuesdays of each month, effective August 10, 1971.
Mr. Lee Howard appeared and presented appraisal on 92 acres of land owned by Southernaire Fruit Co., Inc. showing that a fair market value of the property is $73,600.00.
On motion of Commr. Deems, seconded by Commr. VanAuken and carried, the Board appointed Commr. Carson to negotiate with Southernaire Fruit Co., Inc. for the purchase of the following described property not to exceed the original offer of $795.00 per acre:
The SE ¼ of the SE ¼ in Section 7, Township 20 S., Range 26 E., and the S ½ of the SW ¼ of the SW ¼, West of the Highway in Section 8, Township 20 S, Range 26 E.
Attorney Ford pointed out the seller may want the County to buy under terms and if so, this could be done.
On recommendation of the County Engineer and on motion of Commr. Carson, seconded by Commr. Deems and carried, the Board agreed to allow Mr. Al DePaula to push overburden from his lot onto adjoining County property (clay pit in the City of Leesburg), and that Mr. DePaula shall smooth all overburden and will hold the County harmless.
recess and reassembly
The meeting recessed for lunch at 12:00 p.m. and reconvened at 1:30 p.m. to take up the remaining items of business.
Right of way – roads
Commr. Carson informed the Board that Paul Calloway, Scout Master in Leesburg, has a project to keep the right of way along State Road 25 at Helena Run clean during the summer and he asked if the County could pick up trash from the barrels at the site during the school months. Discussed this with Town and Country Refuse, Inc. and they have agreed to empty the barrels.
On recommendation of the Lake-Sumter Community Mental Health Center, and on motion of Commr. Windram, seconded by Commr. Deems and carried, the Board appointed the following as members of the original Board of Trustees, leaving one vacancy:
One Year Term: J. W. Brooks
Walter T. Simmons, Jr.
A. W. Smith
Thomas J. Windram
Robert L. Lyles
Two Year Term: C. O. Lott
L. R. Huffstetler, Jr.
Byron E. Herlong
Three Year Term: Edwin B. Mead
R. D. Flippo
Robert E. Warfield, Jr.
Harry E. Gaylord
W. C. Wing
The Chairman objected to the appointments on the grounds that there is no representation from the South Lake Hospital District.
On motion of Commr. Deems, seconded by Commr. VanAuken and carried, the Board appointed Howard Kurfiss to fill the two year term vacancy on the Lake-Sumter Community Mental Health Center Board of Trustees.
Mr. Charles Bueltman, President, and Mr. David Machanic, Attorney for the Soap and Detergent Association, appeared and requested that the complete ban on phosphorus content in detergents sold and distributed in Lake County be extended from January 1, 1972 to January 1, 1973. Phil Edwards, Pollution Control Officer, stated he could see that the soap manufacturers may need additional time of one year, but recommended that the Board not extend the time limit more than one year. On recommendation of Attorney Ford and on motion of Commr. Carson, seconded by Commr. VanAuken and carried, the Board directed the Attorney to draft an ordinance extending the ban from January 1, 1972 to January 1, 1973.
Dr. Hall appeared and requested that the prison labor crew be used to help clean up dead fish along the lake shores. Attorney Ford was instructed to prepare lease agreements with Jack Purdum and Mr. Boyd for leasing properties for dump sites in the Bassville Park area and Okahumpka area.
Recommendation from the Mosquito Control Director that certain surplus items be removed from the inventory and sold, was referred to Commr. Deems.
On motion of Commr. Carson, seconded by Commr. VanAuken and carried, the Board declared the following items located at the Minneola Inspection Station surplus and of no value:
Property #1765 – Marble arm chair
3679 – Marble arm chair
On recommendation of the County Engineer and on motion of Commr. VanAuken, seconded by Commr. Carson and carried, the Board accepted the highest offer of $105.50 from John E. Doyle for 1942 Dodge Power Wagon, Property No. 1035.
On motion of Commr. Carson, seconded by Commr. Deems and carried, the Board designated the following depositories for the 1971-1972 fiscal year, until further action of the Board:
General Revenue Fund First State Bank & Trust Co., Eustis
First National Bank & Trust Co., Eustis
First National Bank, Mount Dora
Fine and Forfeiture Fund Citizens Bank of Clermont
Peoples State Bank, Groveland
Road and Bridge Fund Citizens National Bank, Leesburg
First National Bank, Leesburg
Bank of Mount Dora, Mount Dora
Road and Bridge Special Assessment Fund Bank of Tavares, Tavares
First National Bank, Mount Dora
Citizens Bank of Clermont, Clermont
Bank of Mount Dora, Mount Dora
Capital Outlay Reserve Fund
County Buildings Umatilla State Bank, Umatilla
County Home Peoples State Bank, Groveland
Northeast Lake County Hospital District First State Bank & Trust Co., Eustis
Northeast Lake County Hospital First State Bank & Trust Co., Eustis
Northwest Lake County Hospital Citizens National Bank, Leesburg
contracts and agreements
On motion of Commr. VanAuken, seconded by Commr. Carson and carried, the Board approved agreement with the Game and Fresh Water Fish Commission and L. W. Spence to engage in a Cooperative Seining Program on Lakes Griffin, Carlton, Dora, Beauclaire, Harris and Eustis for a total of 100 seine hauls at a cost of $7,900.00 to Lake County.
On motion of Commr. Carson, seconded by Commr. Deems and carried, resignation of J. Paul Milton effective July 26, 1971 was accepted.
Clerk Owens informed the Board he has discussed with the State Auditor the legality of the County paying educational expenses for a county employee, and it is his opinion that if the employee is qualified and the public will benefit from same, the county may pay the expenses.
On motion of Commr. Carson, seconded by Commr. Deems and carried, the following resolution was adopted:
WHEREAS, with the many forms of education and the various sources of education that are available in this modern age for individuals to increase the skills of their particular occupation, and
WHEREAS, it would be to the benefit of the taxpayers of Lake County to have each employee as skilled as possible for the particular job the individual is performing as an employee of Lake County, and
WHEREAS, from time to time educational and instructional courses become available which would allow the county employee to become better and more highly qualified for the particular job that is being performed for Lake County,
NOW THEREFORE BE IT RESOLVED by the Lake County Board of County Commissioners that on an individual by individual basis and upon a review of the educational course and a showing that the educational course will benefit the county to a greater extent and degree and the individual will personally benefit, it is declared a policy of Lake County to assist where possible, employees obtaining further education that will directly increase the individual’s skills and worth to Lake County and enable the individual to more efficiently and with better skill and expertise perform the functions of the work required by Lake County, and to pay portions or all reasonable educational expenses, including, but not limited to registration fees, traveling expenses, room and board expenses, books and material expenses.
BE IT FURTHER RESOLVED that said policy will be strictly construed with the benefit to the County and the public as the determining factor in each case and the financial resources and availability of finances being materially considered.
DONE AND RESOLVED in regular session of the Lake County Board of County Commissioners on the 14th day of June, 1971.
On motion of Commr. Deems, seconded by Commr. VanAuken and carried, the Board authorized a contract between Samuel C. Mazzotta and Lake County, agreeing to pay $300.00 registration fee for him to attend Summer Institute in Urban Planning at the Georgia Institute of Technology, provided he agrees to perform his duties with the County for a period of 12 months.
bonds – misc.
On motion of Commr. Carson, seconded by Commr. VanAuken and carried, bonds for carrying firearms were approved for the following:
W. A. Milton, Jr.
The Chairman reported he received a telephone call from Mr. Curtiss Lott of the Division of Community Affairs. He would like to discuss a program on migrant labor problems on June 15, 1971, at 4:00 p.m., in the Engineer’s Office and would like members of the Board and all interested agencies represented.
funds – transfer
Request from Sheriff McCall to transfer $5,000.00 from his budget’s Contingency Item to Equipment to defray expenses of five new cars, was approved on motion of Commr. Deems, seconded by Commr. Carson and carried.
On motion of Commr. Carson, seconded by Commr. VanAuken and carried, appraisal fee of $200.00 was approved to Lee Howard.
On motion of Commr. Carson, seconded by Commr. Deems and carried, Medicaid bill for March in the amount of $8,252.39 was approved.
On motion of Commr. Carson, seconded by Commr. Windram and carried, a resolution was adopted approving emergency repairs to Bucyrus Erie Shovel, County Property No. 1084, in the amount of $1,518.32.
Request from the Tax Assessor for advance of $15,000.00 on Commissions on 1971 Tax Roll, was approved on motion of Commr. VanAuken, seconded by Commr. Carson and carried.
On motion of Commr. Windram, seconded by Commr. Deems and carried, funds for three 4-H members and one adult leader to attend 4-H Citizenship Short Course, Washington, D.C., July 4-10, 1971, in the amount of $383.96 were approved.
On motion of Commr. VanAuken, seconded by Commr. Windram and carried, the Clerk was authorized to publish notice of the completion of the Tax Assessment Roll and presentation thereof to the Board on July 6, 1971.
On motion of Commr. Deems, seconded by Commr. Carson and carried, bill from Duncan and Ford in the amount of $5,500.00 total fee for services rendered from July 1965 through May 1971 in the Vickers (Dora Canal) suit was approved; also, bill for miscellaneous fees in the amount of $1,058.75 was approved.
Mileage expense to Sam Mazzota from May 4-11, 1971 in the amount of $22.50 was approved on motion of Commr. Deems, seconded by Commr. Carson and carried.
Request from the Lake County Chamber of Commerce for June allotment in the amount of $2,083.33 was approved on motion of Commr. VanAuken, seconded by Commr. Carson and carried.
On motion of Commr. Carson, seconded by Commr. VanAuken and carried, resolution from the Executive Committee of the Board of Trustees of Waterman Memorial Hospital Association, Inc. requesting $25,000 was approved.
Service Agreement from Johnson Service Company to service the Courthouse heating and air conditioning system was denied.
On motion of Commr. Windram, seconded by Commr. VanAuken and carried, the following vouchers were approved for payment:
General Revenue Fund Nos. 1687-1948
Mosquito Control – State I 37-41
State II 46-50
Motor Vehicle Inspection 164-184
Fine and Forfeiture Fund 184-213
Road and Bridge Fund 600-695
Construction Trust Fund 1
Northeast Lake County Hospital District 6
Northeast Lake County Hospital Ambulance 12
Northwest Lake County Hospital Ambulance 12
There being no further business to bring before the Board, the meeting adjourned at 5:10 p.m.