A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
may 13, 1975
The Lake County Board of County Commissioners convened in regular session on Tuesday, May 13, 1975, at 9:00 a.m., in the Commissioners’ Room, Courthouse, Tavares, Florida. Present were: Thomas J. Windram, Vice Chairman; C.A. Deems; Glenn C. Burhans; and James R. Carson, Jr. Commr. Hoskinson, Chairman, had previously informed a Board member that he would be late for the beginning of the meeting. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Andrea Gambrell, Deputy Clerk.
The Invocation was given by James C. Watkins, Clerk, and the Pledge of Allegiance was led by James R. Carson, Jr.
county employees
Mr. Evan Porter, Administrative Assistant, appeared before the Board and presented to them a brief report stating the experience he has had in the LMRS Labor Relations Program which he is attending on behalf of Lake County. Points of discussion were: the role fringe benefits play with regard to labor negotiations and the usual demands of the laborer.
commissioners
At 9:15 A.M. Commr. Hoskinson, Chairman, arrived for the Board meeting.
Discussion was resumed with Mr. Porter regarding the Labor Relations course he is attending in Washington, D.C. Commr. Windram was interested in the rules and regulations involving public employees regarding the right to strike.
Mr. Porter expressed his appreciation to the Board for allowing him to have this opportunity and felt that he would be able to make a significant contribution to Lake County in the field of Labor Relations.
minutes
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the minutes of the special meeting of April 22, 1975 were approved as submitted. Original copy is on file in the Minute Folder of April 1975.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the minutes of the special meeting of April 29, 1975 were approved as amended.
landfills
Commr. Carson reported to the Board on the availability of funds for the purpose of purchasing property in South Lake County for a landfill. He stated that there is about $15,000 of unused funds in this year’s budget which could be transferred and used as a down payment on the property owned by Mr. Swiderski which the County has been contemplating purchasing. No action was taken at this time.
public health
At this time Commr. Carson also reported on the availability of funds for the purpose of constructing a County morgue. He informed the Board that a part of the money which has been set aside for the construction of the new Lake County Courthouse could be used to build a morgue if necessary but that it would have to be replaced through ad valorem taxes in the next budget year. No action was taken at this time.
east central florida regional planning council
Commr. Hoskinson stated that on Wednesday, May 14, 1975 the East Central Florida Regional Planning Council will meet and planned to discuss the action by the State of Florida to create an 11th district regarding health services and realign various counties in this matter. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, Lake County would like to transfer to the regional district headquartered in Ocala. The Board requested that Mr. Dan Robuck present this position of Lake County to the East Central Florida Regional Planning Council.
supplies
Commr. Hoskinson stated that he had been conferring with Mr. Watkins and Mr. Nies regarding the development of a uniform purchasing policy which would involve standard forms, purchasing orders and receiving reports. He stated that certain people would be designated to receive requisitions, the purchase order would have to be approved by one person in the department and a receiving report would have to be submitted each month signed by the designated authority appointed by the Board. Discussion was held. On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved that a uniform purchasing procedure be established in the County.
outdoor recreational facilities
Mr. Ed Zagar from the Game and Fresh Water Fish Commission appeared before the Board to request approval of a rough fish seining program for the lakes in the immediate area. Discussion was held. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board accepted the recommendation of Mr. Zagar and approved the program of 100 seine hauls at a cost of $18,000. The funds are to be obtained from the Fish Improvement Fund.
commissioners
At 10:20 A.M. Commr. Hoskinson left the Board meeting.
funds-transfer
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the following transfers:
General Revenue
Welfare Administration-transfer $250.00 from #5220328 “Travel Expense” to #5220340 “Utilities.”
Fine and Forfeiture
Public Defender-transfer $1,025.00 from #2333335 “Telephone” to #2333331 “Rental.”
General Revenue Fund
Transfer $2,024.00 from #2670337-1 “Maintenance of Buildings” to #6102337-1 “Maintenance Fair Buildings.”
indigents
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved for the following changes to be made on the Indigent List:
ADD Mrs. William Green for Harold Cunningham #1 $40.00
ADD Ethel Lee Brown for Godfrey Burn #1 $60.00
roads-county
Commr. Burhans presented to the Board a letter from William L. Eagan, Attorney representing Rev. and Mrs. Russell Young. Commr. Burhans stated that apparently the County has requested that these property owners deed a right-of-way easement over the northwest corner of their property for the benefit of other property owners beyond them. This letter was referred to Mr. Ford, County Attorney.
bonds
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved the following Contractor Bonds:
863-75 Leo Howard dba Fiesta Pools of Ocala, Inc.
1266-75 Reginald Wood dba Wood Heating & Cooling
1267-75 Milton Wayne Strong
1268-75 James P. Senatore dba Habitation Designs
1269-75 Zoltan Heisler dba Ronbill, Inc.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board cancelled Contractor Bond 967-75 for John E. Griffin dba United of Florida, Inc.
accounts allowed
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved travel for Don Quagliotti, Civil Defense Director, to attend the Intermediate Civil Preparedness Seminar in Wildwood on June 10-12, 1975.
fire districts
The Clerk presented to the Board a letter from the Pine Lake Volunteer Fireman’s Association requesting assistance from the County in the form of new equipment. On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board directed the Clerk to write to the above mentioned association and inform them that their letter has been referred to Mr. Quagliotti, Civil Defense Director, for possible assistance of this type through the Excess Property Program.
commissioners
At 10:33 A.M. Commr. Hoskinson returned to the Board meeting.
hospitals
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the admission of Leroy Williams to the A.G. Holley State Hospital.
state agencies
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board directed that the boat and motor belonging to James D. Calton, which was seized by the Game and Fresh Water Fish Commission, be stored in the secured fence enclosure at the Lake County Mosquito Control. This is in accordance with Florida Statute Chapter 372.
The Board did not accept the estimated cost of the above boat and motor at $200. The Commissioners requested the Clerk to obtain an estimated cost of this property as soon as possible.
licenses and permits
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the $500 Bond for the Gun Permit of C.W. “Bill” Brooks.
indigents
Commr. Windram brought to the attention of the Board that the County is receiving more and more grocery bills for the indigents. It was requested that the Clerk contact Mr. Aubrey Hayes and request that the grocery bills be sent to the district commissioner for his signature and approval.
accounts-denied
Commr. Windram requested that the Clerk contact Mr. Aubrey Hayes, Welfare Director, and request that he certify in writing that the bills received from Clyde A. Dabney Funeral Home are for the burial of indigents in Lake County. The Board postponed approval of the bills from Clyde A. Dabney Funeral Home at this time.
roads-maintenance
Commr. Windram brought to the attention of the Board the matter regarding the old Ebersol Road and the dispute which exists between Mr. Lester Kalmanson and Mr. E.R. Jelsma. Commr. Windram stated that he had received a copy of a letter from Mr. Jelsma requesting that this matter be resolved in the near future. Mr. Ford, County Attorney, stated that there is really no solution to the problem and that either party would have to file suit in order for the court to determine an answer. Mr. Lester Kalmanson stated he planned to do so when he appeared before the Board on September 17, 1974. This was referred to the County Attorney for his attention.
planning and zoning
Mr. Michael Willett, Planning Director, appeared before the Board to discuss with the commissioners his comments on the changes the State made regarding the rules and regulations involving the Green Swamp. Discussion was held. On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board authorized necessary travel for Mr. Willett, Mr. Ford and any commissioners to Tallahassee involving the Green Swamp Rules and Regulations.
Mr. Ford, County Attorney, stated that if Lake County does not approve these rules and regulations, the County could be a defendant if a court suit should be filed; however, the State could place a suit demanding that the County enforce these rules and regulations. Mr. Ford further stated that the State did not adjust its stand with regards to site alterations.
Mr. Alex MacDonald appeared before the Board and stated that these regulations would place a hardship on the land owners and requested that the County remain behind its citizens in opposing this development code.
Mr. Ford stated that it might be beneficial for the Board to write a letter to Mr. Earl Starnes, Department of Planning, thanking him and his staff for their courtesy and help but that Lake County still opposes the proposed Development Code for the Green Swamp area. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved for the above letter to be sent to all cabinet members, Mr. Eastern Tin, and Mr. Steve Fox. The Board requested that a separate letter be sent to the Lt. Governor and Mr. Wallace Henderson with a copy of the letter to Mr. Earl Starnes.
Mr. W. Hutchinson appeared before the Board representing the Green Swamp Property Owners Association and stated that they were opposed to these regulations being placed on the land.
Mr. Archie Rutledge also appeared before the Board and commended the Board on the firm stand it has taken thus far in opposing these rules and regulations.
recess and reassembly
At 12:00 Noon the Chairman announced that the commissioners would adjourn for lunch at the Silver Lake Golf and Country Club. The public and press were invited on a dutch treat basis.
Commr. Hoskinson, Chairman, stated that he would not be present at the afternoon session because he would be in Tallahassee on County business.
prisoners
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved for the prison crew to assist in the cleaning of the National Guard Armory in Eustis, Florida after the Loyalty Celebration.
planning and zoning
Commr. Windram presented to the Board a request from Mr. Tom Woodworth, Agent for Dr. A.R. Andrejek, requesting permission to live in a mobile home on a piece of property while a permanent conventional home is being constructed on this same piece of property. Discussion was held. It was brought to the attention of the Board that the mobile home in question is already legally there. A point of concern among the Board members was the fact that it had no guarantee that the mobile home would be removed upon the completion of the conventional dwelling unit. Mr. Ford, County Attorney, suggested that the Board request that a $5,000 bond be posted stating that the mobile home will be removed from the site within six months which should allow enough time to have the permanent home completed. This met with approval of the Board and the Board requested that the County Attorney confer with the Planning Department in drawing the necessary forms.
zoning
zoning violation 75-23a – otis m. lee
No one appeared before the Board regarding this case. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously by those present, this case was postponed until June 17, 1975 at 2:00 P.M. or as soon thereafter as possible.
zoning violation 75-32 – wendell mohr
The Code Enforcement Office reported that Mr. Mohr has complied with the direction of the Board. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board requested that any further filling by Mr. Mohr be cleared through the County Pollution Control Department.
zoning violation 75-34 – thomas l. godwin, jr.
Mr. Godwin appeared before the Board regarding this case. He stated that due to the economic situation he has been unable to afford the materials he needs to begin his home but hopes to in the near future. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously by those present, the Board found Mr. Godwin in violation, declared him a public nuisance and gave him 90 days to begin construction on his home. At the end of the 90 days he has a right to appear before the Board for reconsideration of his case.
zoning violation 75-36 and 75-37 – mid-fla lakes
Mr. Dell O’rso representing Mid Florida Lakes appeared before the Board regarding this case. Mr. Roy Christopher, Attorney, was present on behalf of Mrs. Taylor whose mobile home is involved with the zoning violation. Discussion was held. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously by those present, the Board postponed this case for 90 days to allow an application to be made for a variance.
zoning violation 75-38 – otis clayton
Mr. Otis Clayton appeared before the Board regarding this case. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously by those present, the Board found Mr. Clayton in violation, declared him a public nuisance and gave him until August 31, 1975 to comply with Ordinance 70-1.
zoning violation 75-39 – dora groves
Mr. Jerry Belitz, owner of Dora Groves, and Mr. Phil Siekiera, representing Melweb Signs, appeared before the Board regarding this sign. Mr. Belitz was informed flashing lights were prohibited within 100 feet of the right of way. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, this case was postponed for 30 days.
roads-county
Mr. J. Jamison, Attorney, appeared before the Board to request permission to use the name of the Board of County Commissioners in a suit to have a road in the Cassia area declared prescriptive by the courts. He presented to the Board four affidavits from citizens who swear that this road has been used by the public for at least twenty years, as well as a letter from the County Engineer stating that he has no objection to the road in question to be declared prescriptive and that there are no public roads servicing private property owners and guests in the area in question.
Mr. Ford stated that it was not necessary for this suit to be brought in the name of the Board of County Commissioners. Discussion was held. It was moved by Commr. Carson to approve the request made by the law firm of Bryan and Middleton to use the name of the Board of County Commissioners in this suit subject to the Board being indemnified against any damages and that it will not be responsible for any costs incurred by the suit. The Vice-Chairman announced that this motion died due to the lack of a second.
Commr. Deems was concerned over the fact that if the County’s name is used in a suit it will be involved to some extent and would be in a position to be counter sued. Further discussion was held. On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the request to use the name of the Board of County Commissioners in a suit to have a road declared prescriptive was denied. Commr. Carson voted “no.”
bids
Commr. Burhans brought to the attention of the Board that the Mosquito Control is in need of two mini trucks. He also stated that this department will be trading in a 1965 Chevrolet Sedan and a 1966 Chevrolet Sedan. On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the advertisement of two mini trucks with trade-in as stated above for the Mosquito Control Department for June 10, 1975 at 9:30 A.M.
county land appraiser
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the Certificates of Error and Correction numbers 04249-04256.
roads-county
Mr. Donoghue, County Engineer, appeared before the Board regarding the safety study done by the Governor’s Highway Safety Commission. Mr. Donoghue stated that it would be beneficial to have this done and, therefore, recommends the County proceed with the necessary application. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously by those present, the Board approved for the County Engineer to complete the Highway Safety Study Application and directed the Vice-Chairman to sign the necessary papers.
accounts allowed
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously by those present, the Board approved for the following vouchers to be paid:
General Revenue 1614-1885
Fine and Forfeiture 256-303
Road and Bridge 642-755
Construction Fund 12
County Outlay Reserve (County Buildings) 5
Fish Conservation Fund 3-9
Northeast Hospital District 6-7
Northeast Ambulance District 7-10
Northwest Ambulance District 5-7
Emergency Medical Services 2-4
roads-county
Commr. Windram stated that he had been contacted by the Pasco Volunteer Fire Department requesting that the County supply them with two signs near their fire stations informing the public that fire equipment is entering highway. Commr. Windram also stated that this Fire Department has a paved driveway that stops at the County right of way on Old Highway 441. Apparently the fire trucks are becoming “bogged down” in the sand as they exit the fire station and it was requested that the County pave this small area from the edge of Old Highway 441 to the edge of the right of way. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously by those present, the above request from the Pasco Volunteer Fire Department as presented by Commr. Windram was approved.
roads-state
Commr. Deems brought to the attention of the Board that formal action had not been taken on the request for a study to be made at the intersection of SR 33 and 48. On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously by those present, the Board adopted a resolution committing implementation funds and maintenance of the flashing beacon by Lake County should the study prove it necessary.
animals
Commr. Deems reported to the Board that there has been some difficulty with the collection of animals that are located on private property. He informed the Board that more information had been received from other counties concerning this same situation and that it is now in the hands of Mr. Ford and hopes to have a report to the Board on this matter in the near future.
accounts-other
Discussion was held regarding the exorbitant amount of the bill received from the District Medical Examiner for the month of April. Commr. Windram suggested that the Clerk and County Attorney contact counties of similar size and inquire as to the problems they have, if any, in relation to the District Medical Examiner’s fees.
The Board postponed approval of the bill for the District Medical Examiner until further information could be obtained.
Mr. Ford, County Attorney, stated that there are some loop holes in the legislation but stated that in his opinion the final solution of the problem would be in the changing of the legislation. The Board urged Mr. Ford to pursue his thoughts regarding a change in this piece of legislation.
accounts allowed
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously by those present, the Board approved for the following bills to be paid from the Escrow Account of the Kings Cove Subdivision:
Statement #1 Davco Inc. $2,268.20
Statement #2 Sandy Acres Ranch $900.00
Statement #3 Florida Sewer Service $13,357.80
contracts and agreements
Mr. Ford commented on the contract between Lake County and the Division of Youth Services Bureau regarding their participation in the CETA Program. He stated that according to this contract, the County would be responsible for the fringe benefits such as social security, retirement and workman’s compensation which was not included in the original contract. The Board requested that the Clerk and County Attorney contact Mr. Ken Law of the Florida Employment Service to obtain more information about this change and bring their recommendation to the Board.
appraisals
Mr. Ford requested guidance as to whether or not the Board wanted to reinstitute the appraisal of the Swiderski property. The Board stated that it would notify Mr. Ford when it wished for his office to proceed with this appraisal.
tax rolls
Mr. Ford presented to the Board the following resolutions for approval cancelling taxes on certain lands.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board adopted a resolution cancelling taxes on Blount’s Island which was given to the County by Captain and Mrs. C.D. Blount.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously by those present, the Board adopted a resolution cancelling taxes in the amount of $93.49 on certain land required by the City of Eustis for public purposes.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously by those present, the Board adopted a resolution cancelling taxes on certain land required by the City of Eustis for public purposes.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously by those present, the Board adopted a resolution cancelling taxes on certain land required by the City of Eustis for public purposes.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously by those present, the Board adopted a resolution cancelling taxes in the amount of $77.32 on certain lands required by the City of Eustis for public purposes.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously by those present, the Board adopted a resolution cancelling taxes in the amount of $7.80 on certain lands required by the City of Eustis for public purposes.
There being no further business to be brought before the Board, the meeting was adjourned at 4:45 p.m.
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J.M. Hoskinson, chairman
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James C. Watkins, Clerk