MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
DECEMBER 11, 1973
A regular meeting of the Lake County Board of County Commissioners was held on Tuesday, December 11, 1973, at 9:00 A.M. in the Commissioner’s Room, Courthouse, Tavares, Florida.
The meeting was called to order with the following members present: C. A. Deems, Chairman; James R. Carson, Jr.; Thomas J. Windram; J. M. Hoskinson; and Glenn C. Burhans. Others present: James C. Watkins, Clerk; David Cauthen, Attorney; Norma Coven and Debby Potter, Deputy Clerks.
The invocation was given by James C. Watkins, who also led the Pledge of Allegiance to the Flag.
Carl Smith appeared regarding roof repairs at the Exposition Building at the Fairgrounds. The Chairman suggested that Mr. Smith contact the architects and contractor and advise them that the Board feels a roof should last for more than three or four years.
Mr. Smith also requested 18 signs with directional arrows to be used in the parking lot at the fairground. Twelve to be pointing one way and six the other.
On motion of Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the request for the signs.
Commr. Carson brought up the problem of drainage at the fairgrounds. Larry Morey, Acting County Engineer, said the work could be done for $8,500 and recommended that part of the job be done this fiscal year and the balance next year. Mr. Smith said the Board of Directors had instructed him to present a check to the Board for $7,500.00 to apply to the project.
There were no changes to the present indigent list.
county buildings and grounds
The Clerk reported the old files have been moved to the storage warehouse. An estimate of $1,600 was given for preparing the rooms in the Pioneer Building for the Welfare Office and the Sheriff.
On motion of Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Pioneer Building is to be made available for the Welfare Office and the Sheriff. The Clerk is to get an estimate on air conditioning units, wiring, paint, etc. and bring back to the Board.
The Chairman read a letter from Mr. Boswell regarding the Group Health Insurance Policy for the County employees. On motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved extending the plan with Time Insurance Company for another year. The Clerk is to notify Mr. Boswell and ask him to advise the employees of the increase in benefits.
tax valuation and equalization
The Chairman reported that he was served a summons as Chairman of the Tax Adjustment Board in the case of HUB Properties Development. This was referred to the Attorney.
roads – county
The Board received a wire from Walter L. Revell, Secretary of the Department of Transportation, regarding the 55 MPH speed limit on all County roads. This was filed in Minute file for December 1973.
Christopher C. Ford, County Attorney, said that Donald Chernoff of Royal Trails has asked permission to come before the Board and state Royal Trails’ position concerning Sawgrass Road. The County Attorney feels that if the County brings suit to open the road the County will win. Royal Trails has no objection to property owners using the road to get to their property.
Donald Chernoff appeared and stated that it is the position of his company that Sawgrass Road is not a County road. The road is closed because it is in the process of being paved. Trespassers tear up the road and it has to be re-graded. It costs about $200 to repair the road after it has been used on the weekend.
The County Attorney stated that three cases were brought against Mr. Bass, the previous owner of this property, and all three cases were dismissed with prejudice.
Mr. Bill Walker, Realtor in Eustis, appeared and said that when he wanted to show the property to prospective buyers he has not had any trouble getting in. He is only worried about legal access to the property he is selling.
Commr. Burhans made a motion that the Attorney go through the process of law and determine if Sawgrass Road is a public road. Commr. Hoskinson seconded the motion for discussion.
The County Attorney said it will take at least three months to get a court decision and he does not see where much will be accomplished by filing suit. It does not seem that the property owners are being denied access. Commr. Burhans voted “yes.” Commrs. Deems, Carson, Windram, and Hoskinson voted “no.” The Chairman announced the motion failed to carry.
Larry Morey, Acting Engineer, presented a request for 25 MPH speed limit signs on District Road 4-4266 in McDonald Terrace Subdivision. On motion of Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, a resolution was adopted establishing a 25 MPH speed limit in McDonald Terrace Subdivision.
Commr. Carson requested “No Thru Trucks” signs on both ends of District Road 1-5704. On motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, a resolution was adopted placing “No Thru Trucks” signs on DR 1-5704.
Larry Morey, Acting Engineer, recommended that the speed limit in the area of Venetian Village be 25 MPH on the road and 10 MPH on the bridge. On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, a resolution was adopted regarding the above speed limits.
Commr. Hoskinson stated that he had received a letter from one of the people who gave right-of-way on Sugar Loaf Mountain Road. The original letter sent out requested right-of-way so the road could be paved. Letters were supposed to be sent out at a later date correcting this misinformation. The donors now want the right-of-way back since the road is not being paved. This was referred to the Attorney and the Acting Engineer.
Miss Jacquelyn Hester, Administrative Assistance to the Public Works Department, appeared and requested the Board’s approval to advertise for bids on a Landfill Bulldozer. On motion of Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the bids be advertised for January 15, 1974 at 10:00 a.m.
The Clerk presented quotes for economy trucks. Cecil Clark did not bid because they cannot furnish immediate delivery.
A telephone quote from Lake Datson was presented to the Board for two 1973 trucks at a price of $2,978 each. They will deliver the trucks in one day. On motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the quotes were referred to the Planning Department and the Acting Engineer.
Later in the day Mr. Ford, the County Attorney, brought to the Board’s attention the quotes received for the economy trucks.
Commr. Windram said in view of the prices received, he feels that buying off the open market is the only approach possible. Commr. Windram made a motion authorizing the Board to buy on the open market. Commr. Carson seconded the motion. Commrs. Burhans, Hoskinson, and Deems voted “no.” Commrs. Windram and Carson voted “yes.” The Chairman announced the motion failed to carry.
Commr. Hoskinson stated that he feels the Board would be better off if they purchased American made standard pickup trucks.
Commr. Windram motioned to advertise for bids for economy trucks and add to the specifications that the truck can be either 1973 or 1974 and can be with or without tinted windshields. Commr. Carson seconded the motion and it carried. Commr. Hoskinson voted “no.”
Miss Hester presented a request for a Telemote Unit for the Engineering Department at a cost of $105.00 plus installation. On motion of Commr. Carson, seconded by Commr. Hoskinson and carried, the Board authorized the purchase of the Telemote Unit. Commr. Burhans voted “no.”
Commr. Hoskinson reported that he had contacted South Lake Refuse Company in Groveland and they said they would send a check to the County this month for half of the bill, and would pay the balance at the first of the year.
On motion of Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, an agreement was entered into with South Lake Refuse in which they agreed to pay 50 percent of their bill by the 15th of December, and they would become current by January 10, 1974 or they will be denied the use of the landfill.
Charles Cave, representing Physicians and Surgeons Ambulance Service (P&S), appeared and requested a Certificate of Public Convenience and Necessity in order to obtain a State license. The Clerk said his office had been provided with the Certificates from Mr. Landrove of the Health Department. It is the Clerk’s understanding that each ambulance service will be required to obtain a certificate. Mr. Cave said the Health Department is required to inspect the equipment and personnel, etc. The discussion was tabled until the County Attorney could be present.
Later, when the Attorney was present, it was his opinion that the County can certify the need of an ambulance service but not to the quality of the service. It is strictly a policy of the Board whether there is a need for a fourth or fifth ambulance service in the County. Mr. Ford recommended this be referred to the committee on Emergency Medical Services.
Mr. Cave said the committee is not functioning at this time and Dr. Langley had told him that it would not be operating until January 10, 1974.
Mr. Ford said all the ambulance service needs is a certificate of need and that is not committing the Board in any way for a subsidy.
The Chairman asked if certifying a fourth ambulance service would curtail the services of the other ambulance services and therefore cost the taxpayers more money.
Mr. Ford said there was a distinct possibility.
Commr. Windram would like a letter from the hospitals and cities that this ambulance service is needed. Mr. Cave should appear at the Tavares City Council meeting and obtain official communications addressed to the Board of County Commissioners that his ambulance service is needed in this area.
roads – state
Commr. Carson; Larry Morey, Acting Engineer; and L. A. Griffin with the Department of Transportation checked on certain hazardous conditions on Highway 441 east and north of Leesburg. Commr. Carson presented a letter from C. A. Benedict with the DOT concerning this. The letter was filed in the DOT file for 1973.
Larry Morey, Acting Engineer, presented a request from Mr. Tracy, developer of property on SR 44B in Mt. Dora, for the County to refill in the valley at the intersection of DR 4-4581 and SR 44B and drain the water.
The Board instructed Mr. Morey to inform Mr. Tracy that the Board decided not to perform any type of filling or grading around the ditch which runs through his property and if he decides to improve the property to contact the Engineer’s Office so that no serious flooding hazards will be created.
Commr. Carson referred to an ordinance in Sumter County that prohibits well drilling and transporting the water out of the County. Commr. Carson would like the Sumter County Attorney to send a copy of the ordinance to the Lake County Attorney.
The County Attorney, Christopher C. Ford, presented an emergency ordinance that changes the ordinance regarding the Board of Zoning Appeals and allows the meeting of the Board any time as long as seven days’ notice is given and publication is in the paper that they are having a meeting. After discussion this was referred back to the County Attorney.
Residents in the area of Sunset Drive in Paisley appeared concerning the culvert for boat traffic in the canal under Sunset Drive.
Irving Willis appeared and stated that he feels the three or four foot culvert is inadequate for boat traffic. A larger pipe would make the lakes in the area accessible to the residents.
Commr. Burhans said the road is in the County maintained system.
The County Attorney stated that if the road is County maintained then the County would be accepting the maintenance of some form of access through the water way, assuming it is a public waterway. It does not necessarily have to be a bridge; it could be a culvert or something that would be passable to traffic.
Commr. Burhans stated the bridge has been maintained by private parties.
Commr. Carson said a four foot pipe would take care of the drainage, which is definitely a County responsibility.
The residents do not want to pay the difference for a bigger pipe.
Mr. Grace Guenther of Paisley appeared and stated the canal is dedicated to the public.
Mr. Burell Randall, Paisley, appeared and stated that in June of 1973 most of the residents were willing to pay for the difference for a larger culvert.
Commr. Windram asked Mr. Randall if he thought most of the residents would still be willing to pay the difference for a larger culvert.
Mr. Randall answered in the affirmative.
Commr. Windram asked Larry Morey to check the files regarding the cost estimate that has already been drawn up and give the figures to Mr. Randall.
Commr. Windram read a letter from R. H. Norton, Norton Engineering, Inc., regarding the storm drainage runoff from Wekiva River Acres. The letter was referred to the County Attorney to inform Mr. Norton that this is a private matter between the two parties.
recess and assembly
The meeting adjourned at 12:20 p.m. and reconvened at 1:30 p.m. The Chairman announced the Commissioners will have lunch at the Silver Lake Golf and Country Club and the press and public are invited on a dutch-treat basis.
Glenn T. Middleton, Building Official, appeared and presented a report of the Building Department for the month of November.
The Board discussed the letter from Edwin R. Waite concerning Tropicana Pools, Inc. Mr. Middleton said he had contacted Tropicana and set up a meeting with Mr. Singleton, Vice-President of Tropicana, the Board of Adjustments, and members of the Tropicana staff. After discussion, Tropicana agreed to work with Mr. Waite and resolve the problem. After they talk with Mr. Waite, Tropicana is to send a report of that meeting to Mr. Middleton. As yet, he has not received it.
The Animal Shelter is about half completed. A well will have to be drilled to furnish water to the site. The job should be completed within the amount budgeted.
machines and equipment
Mr. Dave Smith of Dave Smith Company appeared regarding the problems with the paint striping machine that was recently purchased. A factory representative has been in the County to demonstrate the machine to the operator. Mr. Smith stated that for the number of miles of road that Lake County has, a larger machine is needed.
Mr. Ed Duvall, Survey and Traffic Superintendent, appeared and gave a report on his discussion with the factory representative. The representative advised that the machine is not designed for the purpose that the County is using it.
He also said the County is using the wrong paint. The machine can paint one mile per 20 gallons of paint. Mr. Smith recommended the operator continue using the machine and see if the problems have been worked out. If the County is still not satisfied, he will negotiate with the County for a larger machine.
maps and plats
Mr. Dave Hanner appeared regarding the plat of Lock Leven. He stated the title search is being typed and he brought Mr. Chester Crum of Lawyers Title Insurance Corporation to verify his statements.
Commr. Carson said it is a policy of the Board that no plat will be considered until all the requirements have been met.
Mr. Ford, County Attorney, stated the only reason they are platting is because of the financing. He said they would need the approval of the Engineer, Planning Department, and the Attorney. The attorney also needs the title policy and the roads have to be exempt from any mortgages that are on it by stating it on the plat.
Mr. Morey said the owners are platting for future access to a proposed subdivision which his roads will serve from Highway 441 to the entrance of the expansion in the future.
Mr. Hanner stated that he will try to be back before 5:00 p.m. with the title policy.
The title policy for the plat of Lock Leven was received later in the day. The County Attorney approved the title policy. Mr. Hanner presented a personal check for $20,000.00 which is the estimated cost of building the road. The Attorney would prefer a certified check but recommended the Board accept the personal check.
On motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the plat of Lock Leven, Unit 1, for recording and accepted the check in the amount of $20,000.00.
Larry Morey, Acting Engineer for the County, appeared and presented a plat of Blackwater Oaks. The Engineer has approved the plat. A letter from Pollution Control and the Health Department stating their approval was presented. The Planning Department and County Attorney have given their approval of the plat.
On motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the plat of Blackwater Oaks for recording and authorized the Chairman and the Clerk to sign the plat.
Mr. Morey said a representative from the Department of Transportation (DOT), Mr. McIntyre, would like to meet with the Commissioners regarding the design of SR 19A from the Golden Triangle Shopping Center to the Eustis interchange. The Commissioners would like to meet with him Thursday, December 13, 1973 at 10:00 a.m.
Commr. Hoskinson stated the Three Rivers Project is coming before the East Central Florida Regional Planning Council (ECFRPC) December 12, 1973. The Chairman indicated that Lake County should have legal counsel at the meeting. The County Attorney, County Planner, and Commr. Carson are planning to attend the meeting in Orlando.
right-of-way – roads
There was a request from Mr. Dewey Burnsed, Attorney, to officially accept a right-of-way off of John’s Lake Road at the entrance to the sand mine. The right-of-way has been deeded to the County and is already in the official records. Mr. Burnsed stated that even though this was given to the County, the County never accepted it formally.
On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board accepted the right-of-way.
Larry Morey recommended Murphy Act Deed No. 2266 on East Crooked Lake Drive be released due to the fact that no additional right-of-way will be required in the foreseeable future.
On motion of Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board approved the recommendation to the DOT that Murphy Act Deed No. 2266 be released.
Larry Morey presented the following right-of-way deeds for recording:
DEWEY ROBBINS ROAD
R. J. Hults
T. J. Bellamy
R. C. Grisley
A.B. MERRITT ROAD
W. R. Hancock
TURKEY FARM ROAD
On motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the above deeds were approved for recording.
license and permits
Commr. Burhans would like the Board’s approval to apply for a permit from the Southwest Florida Water Management District (SWFWMD) that would enable the County to pursue the use of the property diagonally across from the Pollution Control Office. Commr. Burhans thought it could be used as a County parking lot. He would like the Attorney and the Engineer to apply for the permits. The permit is good for four years.
Larry Morey presented the following Utility and Driveway Permits for the Board’s approval:
NO. PERMITTEE PURPOSE ROAD
516 Fla. Telephone Corp. Buried Cable 5-7265
517 Fla. Telephone Corp. Buried Cable 5-7363
518 Fla. Telephone Corp. Buried Cable 5-7263
519 Fla. Telephone Corp. Buried Cable 5-7264
520 Fla. Telephone Corp. Buried Cable 5-7163
521 Fla. Telephone Corp. Buried Cable 2-2005
Don L. Drew 2-1503
John A. Kroft 3-2257
H. G. Tucker 4-2265
Vic Schumatte SR 44A
Padgett Interprises, Inc. 1-7611
James L. Stinson SR 452
Michael C. Mabry 5-6860
Mr. & Mrs. Ivan Loomis S-466
Emmett Sapp 1-6006
Owen Hietpas S-25A
C. A. Meyer Paving and Construction Company Spring Lake Boulevard
On motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the above licenses and permits.
Commr. Burhans, Mr. Bollenberg, and Dr. Bradley checked the Civil Defense supplies at the Umatilla barn and had it cleaned up. On motion of Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Engineer is to obtain bids on repairing the roof at the Umatilla and Mascotte barns. The barn in Umatilla needs bathroom facilities.
salaries and wages
On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, Michael Willitt’s salary will be adjusted to $12,000 annually effective December 1, 1973.
bonds – misc.
On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the following firearm bonds were approved:
Jesse R. Smith
Herman L. Smith
On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, contractor’s bonds for Certificates of Competency were approved for the following:
# 32 Robert D. Smith (carpentry)
483 Claude Fralick, Jr. dba Neptune Pool Products
1130 Best Aluminum Products, Inc. (Eugene Kent)
1131 Jon R. Roberts (painting)
1132 James Skipper (specialty)
1133 Jim Write dba Jim Write Masonry
Christopher C. Ford, County Attorney, reported that at the County Attorney’s meeting in Orlando, December 8, 1973, the subject of firearm bonds was brought up and the attorneys present indicated that the general feeling of the Commissioners was that they would like to see the gun permits issued by the Highway Patrol, Sheriff, or State Attorney. Mr. Ford said he thought it should be with a local elected official. His preference is the State Attorney.
On motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the petition for John B. Driggers to be admitted to A. G. Holley State Hospital.
On motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the discharge of Joseph Clermmon from A. G. Holley State Hospital on December 5, 1973 because of medical reasons.
On motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved Certificates of Correction and Errors numbered 3426 through 3444.
Commr. Carson asked about the appraisal firm that is to reassess the County. Mr. Ford reported that Howse and Company is willing to do more than they said they were going to do. They will stand behind the appraisal of the land if there are any court suits. Mr. Ford stated that he had planned to confer with the present computer company and find out what the limitations are regarding the computer tapes. Mr. Ford was asked to pursue this matter.
oklawaha basin recreation and water conservation and control authority
The Board received a resolution from the Oklawaha Basin Recreation and Water Conservation and Control Authority banning the resale of noxious aquatic plants. The resolution was referred to Pollution Control for comment.
The Clerk submitted the monthly report from the Youth Programs, Inc. This was filed in Youth Bureau File for 1973. On motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board authorized the Chairman to sign the report.
The Mosquito Control presented an amended budget that applies to 1973-74 budget. The cash carry over on September 30, 1973 was greater than estimated, so an amended budget was prepared for the Chairman’s signature. On motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Chairman was authorized to sign the amended budget.
On motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the following as official holidays for 1974.
January 1 New Year’s Day
February 22 Washington’s Birthday
May 30 Memorial Day
July 4 Independence Day
September 2 Labor Day
October 28 Veterans Day
November 28 & 29 Thanksgiving Day
December 25 Christmas Day
Commr. Hoskinson moved that Commr. Carson be nominated Chairman of the Board of County Commissioners for 1974 effective January 2, 1974. Commr. Windram seconded the motion and it was carried unanimously.
Commr. Windram moved that Commr. Burhans be nominated Vice-Chairman of the Board of County Commissioners for 1974 effective January 2, 1974. Commr. Hoskinson seconded the motion and it was carried unanimously.
Mr. Bill Hennessey, Pollution Control Director, appeared and presented a request that Robert Allen Erickson, Lab Technician, be employed at a salary of $8,000 annually. This would be effective November 12, 1973 and the salary would be increased to $8,500 after six months.
On motion of Commr. Windram, seconded by Commr. Carson and carried unanimously, Mr. Hennessey’s request was approved.
A request from Mary Hamner, Director at the Lake Memorial Nursing Home, to attend a Nursing Home Administrative Seminar at Disney World, January 27-31, 1974 was approved on motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously.
Larry Morey, Acting County Engineer, presented a cost estimate for improvements to the fairground drainage areas based on materials alone. The estimate was $4,737.78. On motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, Road and Bridge was authorized to proceed with the necessary labor and machine rentals that is needed to clear up the drainage problem at the fairgrounds. The Board will also accept the offer of the Lake County Fair Association for $7,500. The total expenditure for this project not to exceed $8,500.
Larry Morey presented a request from Asphalt Paver, Inc. for partial payment of $82,681.36 under the road resurfacing contract. On motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved payment.
Commr. Hoskinson advised the Board that the County barn in Minneola needs three overhead doors replaced. On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the purchase of three doors for the barn in Minneola was approved.
On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved payment to the Tax Collector of $45,383.33, commissions collected on the 1973 Tax Roll.
A request from the Soil and Water Conservation District to purchase an adding machine at a cost of $245.96 was approved on the motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously.
A request from County Extension Director, Jack Haddox, for purchase of camera, case, and close-up lens at a cost of $200.00 was approved on motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously.
On motion of Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved payment of $8,666.82 to the Florida Department of Agriculture under the Cooperative Fire Control Agreement.
On motion of Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved payment of $3,000 to the Florida Department of Agriculture under the Cooperative Forest Management Agreement.
Medicaid for the month of August, at a cost of $6,099.14, was approved on motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously.
Medicaid for the month of September, at a cost of $14,685.03, was approved on motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously.
The bills were approved for payment on motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously.
The following vouchers were approved for payment on motion of Commr. Windram, seconded by Commr. Hoskinson and carried unanimously:
General Revenue 253 – 480
Auto Inspection 26 – 48
State II Landfill 3 – 5
Fine and Forfeiture 42 – 83
Road and Bridge 10 – 203
Construction Trust 2
Fish Conservation 7 – 9
Northeast Hospital District 1 & 2
Northeast Ambulance District 1 & 2
Northwest Ambulance District 2 & 4
There being no further business to bring before the Board, the meeting adjourned at 5:10 p.m.