MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS
tuesday – november 9, 1971
A regular meeting of the Board of County Commissioners of Lake County, Florida, was held Tuesday, November 9, 1971, in the Commissioners’ Room, Courthouse, Tavares, Florida, at 9:00 a.m. with the following members present: J. M. Hoskinson, Chairman; James R. Carson, Jr.; C. A. Deems; Thomas J. Windram; and Kenneth VanAuken. Others present were J. C. Watkins, Planning Director; Fred M. Harpster, County Engineer; Christopher C. Ford, County Attorney; Frank E. Owens, Clerk of the Circuit Court; and Norma H. Coven, Deputy Clerk.
The meeting was called to order by the Chairman, and Mr. Windram gave the invocation, after which the Pledge of Allegiance to the Flag was given.
On a motion by Commr. VanAuken, seconded by Commr. Windram, the following changes were made to the present indigent list:
District No. 3 – CANCEL Daisy Mae Davis $30.00
ADD Nathanial Jones $13.34
District No. 5 – CANCEL Warren Hanna $40.00
youth service bureau
On the recommendation of the Chairman and on a motion by Commr. Carson, seconded by Commr. VanAuken, the Board approved for the Planner-Coordinator of the Youth Service Bureau to file proper appeal to the Governor’s Council on Criminal Justice for second year funding, on the same basis as the present year.
The Chairman brought to the attention of the Board that there is a Cadet Program initiated by the Agencies on Criminal Justice whereby students interested in a professional career in various areas of the Criminal Justice System can get on-the-job training, and 75 percent of the cost is reimbursable. Mr. Hoskinson said he will advise the Sheriff of this program in the event he is interested.
It now being the time advertised to hold a public hearing to consider a petition to close a public dedicated road for Petitioner Irwin Cauthen, Inc., and no one appearing to object to the closing, a motion was made by Commr. VanAuken, seconded by Commr. Carson, a resolution was adopted to close the following described dedicated public road:
That part of the East 20 feet of the West ½ of Government Lot 4, and the West 20 feet of the East ½ of Government Lot 4, lying North of the North right of way line of old ACL Railroad, all in Section 20, Township 19 South, Range 25 East, Lake County, Florida.
On a motion by Commr. Carson, seconded by Commr. Deems, the Engineer was authorized to submit for the Board’s approval a plat form concerning the width of rights of way to include shoulders and ditches on roads that have been maintained by the County for four years or more.
On a motion by Commr. Windram, seconded by Commr. VanAuken, a resolution was adopted determining a maximum speed limit on County Road #5-8676 having a bad curve to 20 mph in the curve and 40 mph on the straightaway, and appropriate signs erected.
Mr. Harpster reported on the request from private citizens to reopen the portion of County Road #2-0605 which was abandoned by the Board on Nov. 10, 1969; there is no valid reason to rescind the former action of the Board. Mr. Ford recommended the parties interested should handle this as a private matter, and he was instructed to so notify the parties.
Mr. Harpster reported on the investigation he personally made of alleged paving of Commr. VanAuken’s drive and claying on the southerly extension of Pennsylvania Street and found no evidence of any paving on the drive and recommended improvements on claying Pennsylvania Street.
The Clerk submitted a letter from Citizens Bank of Clermont advising that the Shorewood Park Association has paid into an escrow account in the Citizens Bank $4,458 representing the property owners’ two-thirds share of the cost estimate made by Mr. Harpster for paving Cypress Drive.
roads – state
The Engineer informed the Board the DOT has requested to use the County borrow pits during the construction of SR 455, and on a motion by Commr. Windram, seconded by Commr. Carson, he was authorized to negotiate with the DOT on the request.
Chairman Hoskinson advised the Board that the DOT has rearranged the priority order of construction on SR 50. After discussing the changes in the priorities, the Board expressed its indignation of the Department’s actions and directed a resolution to the DOT objecting to the priority of SR 50 as shown on the Department’s Five Year Work Program (IBM Set-out) and requesting that same be restored to its previous priority as outlined in Lake County’s primary road requests dated March 29, 1971.
On the recommendation of the County Engineer and on a motion by Commr. VanAuken, seconded by Commr. Deems, a resolution was adopted authorizing the execution of a deed to the DOT conveying all right, title and interest to the following described land for right of way for SR 19, Section 11100-2507:
PARCEL NO. 100
That part of:
The 120 foot abandoned right of way of the Atlantic Coast Line Railroad Company through Section 6, Township 18 South, Range 27 East;
Lying within 50 feet Easterly and lying Westerly of the survey line of State Road 19, Section 11100, between Survey Station 56+00 and Survey Station 79+00, said survey line and said stations being described and located as follows:
Begin on the West line of said Section 6 at a point 945.02 feet North of the Southwest corner of said Section 6 and run North 32 degrees 41’23” East, 496.74 feet to Station 56+00; thence continue North 32 degrees 41’ 23” East, 242.21 feet to the beginning of a curve concave to the Southeasterly and having a radius of 1909.86 feet; thence along said curve through a central angle of 8 degrees 18’ a distance of 276.67 feet to the end of said curve; thence North 40 degrees 59’ 23” East, 761.84 feet to the beginning of a curve concave to the Northwesterly and having a radius of 1909.86 feet; thence along said curve through a central angle of 23 degrees a distance of 766.67 feet to the end of said curve; thence North 17 degrees 59’ 23” East, 252.61 feet to Station 79+00 and the end of this survey line description.
Also, all the rights and interests of Lake County, Florida, in and to dedicated and used State Road No. 19, between the survey stations located and described above, as shown on the right of way map for Section 11100-2507, State Road No. 19, as filed in the office of the Clerk of Circuit Court in Lake County, Florida in the office of the Department of Transportation in Tallahassee, Florida.
licenses and permits
On a motion by Commr. Carson, seconded by Commr. Deems and carried, the County Engineer, Fred M. Harpster, was authorized to obtain an Inactive Contractor’s License from the Building Department and that the fees for same be waived during his employment with the County and with the stipulation that he will not use the license for actual contracting work.
roads – subdivision
On the recommendation of the Engineer, the Board approved for Mr. Rumford to construct a rural section, in 50’ right of way, in Stone Mountain Estates Subdivision from Station 30+60 to Station 33+00 as shown on Stone Mountain Estates Paving and Drainage Drawing, Sheet six of eight, same being an extension of County Road #2-3121.
On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board waived the charge of fees from one County department to another for copying work or duplicating.
Clerk Owens presented a deed of correction from Ila A. Vickers (Dora Canal property), and on a motion by Commr. Windram, seconded by Commr. Carson and carried, the deed was ordered recorded.
At this time, the Board entered into a discussion on a Personnel Policy for County employees as submitted by the County Engineer. Mary Hamner, Director, Lake Memorial Nursing Home, was present at this time. It was agreed that the form of personnel records would be decided by Mrs. Babb, Mr. Harpster, and Mr. Watkins. The discussion was resumed after lunch, and the Engineer was instructed to redraft the Policy with the necessary changes made by the Board.
recess and reassembly
The meeting recessed for lunch at 12:00 noon and reconvened at 1:30 p.m. to take up the remaining items of business.
e. central florida planning council
Mr. Glatting and Mr. Neiswender of the Council appeared relative to funds for the sewer and water study under the Pollution Abatement Plan. Mr. Watkins explained that all the cities have been contacted and asked to participate in the plan. Some accepted and some did not. Do not feel it is fair to the cities that are cooperating to expect them to pay for the study that all the cities will benefit from. On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Planning Director was instructed to pursue the matter of attempting to obtain the funds from the cities and approved the Pollution Abatement Study with the assurance to the Council that funds for same will be available when needed.
On the recommendation of the County Engineer, the Board deferred action on bids for mobile radio units until next meeting. The Engineer was instructed to investigate the possibility of securing Civil Defense matching funds to purchase a new desk set for the Engineer’s office to bring the base station to FCC standards.
With reference to bids on two dump trucks received on November 2, the Engineer recommended that the County trade only one truck and sell the other to the City of Tavares. The Attorney advised that Chapter 125.38, Florida Statutes, authorizes the Board to sell to a municipality. The City of Tavares should make a firm offer to the Board. Action on the bids was deferred, and the Engineer was instructed to contact the City of Tavares.
On the recommendation of the County Engineer and on a motion by Commr. Carson, seconded by Commr. Deems and carried, the bid from Richey Buick-Pontiac, Inc. of $2,477.14 was accepted as the lowest and best bid on a 1972 GMC Pickup Truck for the Pollution Control Board.
On the recommendation of the Pollution Control Officer and on a motion by Commr. VanAuken, seconded by Commr. Carson and carried, a bid from Scientific Products in the amount of $1,823.25 was accepted as the lowest and best bid on the Kjeldahl Unit for the Pollution Control Board Office.
On a motion by Commr. Windram, seconded by Commr. Carson and carried, the Clerk was directed to forward the recommendations of the Lake Improvement Association to the Game and Fresh Water Fish Commission and ask that the rules as set forth be implemented as far as commercial fishing in Lake County lakes is concerned.
The Certificate of the County Canvassers showing the results of the Special Election held on November 2, 1971 was read and filed.
On a motion by Commr. Carson, seconded by Commr. VanAuken and carried, the Board adopted the policy that use of voting machines by the municipalities shall be that the municipalities shall have the use of voting machines for municipal elections upon payment of transportation charges, and applications for the use of the machines will be processed through the office of the Supervisor of Elections.
The action of the Chairman and Clerk was approved in approving petition to the W. T. Edwards Tuberculosis Hospital for Eva Frances Poole on a motion by Commr. Windram, seconded by Commr. Carson and carried.
Chairman Hoskinson reported on a telephone conversation with Mr. Mulrennan of the Division of Health, and they have rejected our specifications on equipment for the Mosquito Control and Landfill operations and submitted new specifications. Have received a new work plan budget to be considered by the Board. Commr. Deems recommended that Lake County take the Landfill program from the Mosquito Control and put it under the supervision of the County Engineer and purchase heavy equipment meeting Mosquito Control specifications and set up a landfill program whereby the equipment would be used for both Road and Bridge and Mosquito Control on a rental basis.
Attorney Ford informed the Board it is his opinion the Board can appoint anyone to operate the Mosquito Control and Landfill operations. The work plan budget as submitted by Mr. Mulrennan was referred to Mr. Deems for further study and recommendation to the Board.
suits affecting county
Attorney Ford reported he has received an order commanding Mr. Yeager to remove all the junk from the property, and if he does not will hold in contempt of Court.
Chairman Hoskinson reported he has received a quotation from Coven Construction Company of $513 to remodel the offices in the Old Health Department Building for the Probation and Parole staff. Tile for the floor will cost approximately $500 and a heavy duty door $200. He was requested to obtain other bids on the three items and have the old tile removed by prison labor.
The Chairman also reported he has as estimate of $700 from Coven Construction Company to raise the floor in the County Commissioners’ Room. Have an estimate of $487 on a heating unit for the Juvenile Shelter and will obtain another price on this and will accept the low estimate.
suits affecting county
Attorney Ford asked if he should attack the tax suit on the grounds that agricultural zoning is unconstitutional. It was the Board’s feeling that he should defend the suit vigorously but to not bring this into the suit.
On a motion by Commr. Carson, seconded by Commr. Windram and carried, Contractor’s Bonds for Certificates of Competency were approved for the following:
No. 176 – Robert C. Barber doing business as Robert Barber Corporation
No. 440 – Norman Rivers
No. 650 – Martin W. Lehtio doing business as Lowey of Florida, Inc.
No. 652 – Robert I. Bennett
No. 653 – Dennis L. Goodman doing business as Angebilt Trailer Sales
No. 654 – Paul Thomas
No. 655 – Jesse Craddock doing business as Craddock Drywall
The Engineer distributed literature concerning the establishment of a Credit Union strictly for Lake County employee participation for review by the Board members.
On the advice from the County Engineer that Dr. Hall cannot approve the bill to the Mosquito Control Department in the amount of $7,026.25 for work done in the landfills with Road and Bridge equipment in September, which resulted from the emergency declared by the Board due to the condition of the landfills and the non-functioning of Mosquito Control equipment, the Board approved payment of the expenses from the Road and Bridge Fund on a motion by Commr. Deems, seconded by Commr. Carson and carried.
A bill in the amount of $1,537.50 for work done in the landfills during October was also approved from the Road and Bridge Fund.
The Engineer presented medical and drug bills from a party who was accidentally cut on the foot at a Motor Vehicle Inspection Station. On the recommendation of the attorney, the Board denied the request for payment on the theory that the County is immune to tort action, and he was instructed to advise the party of the Board’s action.
On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Engineer was authorized to repair the emergency generator at an estimated cost of $265.
On the advice of the County Engineer that the Surety Company found an error in the compilation in the final payment to J. O. Jones Construction Co. and on a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board approved payment of $322.08 to the American Fire and Casualty Company.
On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Mosquito Control was authorized to purchase a generator for Diamond T Truck for the sum of $94.60.
A request from the Agricultural Center to purchase three (3) sewing machines in the amount of $573.25 was approved on a motion by Commr. Carson, seconded by Commr. Deems and carried.
A request from the Agricultural Center to purchase a Gravely mower at a cost of $656.60 was referred to the County Engineer.
A payment to Leesburg Transfer and Storage Company in the sum of $1,944 for expenses incurred in transporting voting machines for the Special Election was approved on a motion by Commr. Deems, seconded by Commr. Carson and carried.
A payment to the Lake County Chamber of Commerce in the amount of $2,083.33 was approved on a motion by Commr. VanAuken, seconded by Commr. Deems and carried.
On a motion by Commr. Carson, seconded by Commr. Deems and carried, Medicaid was approved for July hospital services in the sum of $91.77 and for August hospital and nursing home services in the amount of $10,027.30.
Annual dues to the State Association of County Commissioners in the amount of $1,038.63 was approved on a motion by Commr. Carson, seconded by Commr. Deems and carried.
On a motion by Commr. Deems, seconded by Commr. Carson and carried, Fire Control Assessments for 1971-72 in the amount of $14,033.60 were approved.
A request from the East Central Florida Regional Planning Council for $1,183.33 for November and December was approved on a motion by Commr. Deems, seconded by Commr. Carson and carried.
On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Engineer was authorized to purchase hydraulic operated skids for the second lowboy trailer in the amount of $995.
On a motion by Commr. Carson, seconded by Commr. VanAuken and carried, the following vouchers were approved for payment:
General Revenue Fund No’s. 1-243
Mosquito Control State II 1-6
Motor Vehicle Inspection 1-61
Fine and Forfeiture Fund 1-41
Road and Bridge Fund 1-100
Youth Service Bureau 1-9
Northeast Lake County Hospital – Ambulance Fund 1
Northwest Lake County Hospital – Ambulance Fund 1
There being no further business to bring before the Board, the meeting was adjourned at 6:00 p.m.