A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

october 14, 1975

The Lake County Board of County Commissioners convened in regular session on Tuesday, October 14, 1975, at 9:00 a.m., in the Commissioners’ Room, Courthouse, Tavares, Florida.  Present were:  Thomas J. Windram, Vice Chairman; C.A. “Lex” Deems; Glenn C. Burhans; and James R. Carson, Jr.  Commr. Hoskinson, Chairman, phoned and stated that he would be late arriving for 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 C. A. Deems.

county tax collector

Mr. T. Keith Hall, County Tax Collector, appeared before the Board to submit his annual report for the fiscal year 1974-1975.  He also presented to the Board excess fees in the amount of $65,625.26.  On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board accepted the Annual Report and excess fees as presented by the Tax Collector and authorized the Vice Chairman to sign the report acknowledging its receipt by the Board on October 14, 1975.  Commr. Hoskinson was absent for the vote.

At this time, the Clerk presented to the Board his Annual Report and presented to the Board a check in the amount of $34,382.78 which represents excess fees collected by the Clerk for the fiscal year 1975-1975.

The Clerk also presented to the Board the annual report of the County Property Appraiser.

On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board accepted the Annual Reports of the Clerk and the County Property Appraiser as submitted.  Commr. Hoskinson was absent for the vote.

commissioners

At 9:20 a.m. Commr. Hoskinson arrived for the Board of County Commissioners meeting.

minutes

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the minutes of the meeting of September 26, 1975 as submitted.

roads – county

Commr. Hoskinson stated that the Board had received copies of the minutes of November 14, 1975 regarding the discussion the Board had with representative of Florida Rock Industries regarding the operation of the sand mine in South Lake County.  No further discussion was held on this matter.

indigents

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the following changes were approved on the Indigent List:

ADD                William Hensley for Pauline Pohl                             Dist #5                        $50

ADD                Tom Ellis for Mary Morgan                                      Dist #5                        $40

ADD                Parry Kelly for Howard Snow                                    Dist #1                        $44

CANCEL        Ann Lanier for Steve McDuffie                                 Dist #1                        $50

CANCEL        Andrew L. Floyd for Mary Lee Barrett                     Dist #1                        $33.33

CANCEL        Robert White for Johnny Lutrell                               Dist #2                        $50

CANCEL        B.E. Frazier for Floyd Rodenberry                            Dist #2                        $50

CHANGE        Dickie Clark for Lester Sangster to Fay Sangster     Dist #2                        $50

insurance

Mr. Evan Porter, Administrative Assistant, appeared before the Board regarding the expiration of some of the insurance policies held by the County.  He stated that he had contacted all the agents that hold policies for the County and was informed that there would be no difficulty in extending the policies that come due on November 1, 1975 to January 1, 1976; however, he did state that the County is presently paying a premium of $2,093 on the Comprehensive Hospital Liability insurance coverage and that if the County wished to extend this policy, it would have to pay it proportionally on a new premium of $6,476. He further informed the Board the Fleet Insurance does not expire until November 1, 1976 and the Boiler Insurance does not expire until December 15, 1977.

Mr. Porter brought to the attention of the Board that the insurance carrier to which the County awarded its General Liability Insurance Coverage is ceasing all operations in the State of Florida and will not be able to honor its three year policy issued to Lake County.  Discussion was held.  The Board members felt that there should be some way to hold this company to its agreement with Lake County.  The Board requested the County Attorney to research this matter and report to the Board as soon as possible on his findings.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board authorized the Clerk and staff to negotiate with the various insurance companies to obtain an extension to January 1, 1976 on County Insurance Policies that come due on November 1, 1975 and prepare specifications for receipt of bids for these insurance policies by the Board of County Commissioners on December 16, 1975 at 10:00 a.m.  The Board also requested that the Clerk obtain quotations from other insurance agents regarding the premium involving the County’s malpractice insurance to assure the County that it is receiving the best coverage for its needs at the lowest amount possible.

At this time, the Board requested that the Clerk establish a calendar reminding the Board of the various dates that major items are to be advertised for bids so that the Board may study and discuss these matters in advance.

public health

Commr. Hoskinson presented to the Board a letter from Representative Fechtel requesting that the Board explain in more detail the problem it is having with regards to the fees submitted by the District Medical Examiner.  This was referred to the County Attorney for his attention.

communications

At this time, the Chairman presented to the Board a letter from the Sylvan Shores Association and the Republican Men’s Club commending the Board on its action involving the lowering of the millage for the 1975-1976 Fiscal Year.

public health

Commr. Hoskinson presented to the Board a letter from the Department of Health and Rehabilitative Services regarding the releasing of names to the County of the indigents by the Lake Sumter Mental Health Center for its records. Mr. Ford stated that according to the letter, the County would be able to obtain information on the indigent patients but not the person’s name.  However, he did not know if this would be satisfactory to the State Auditors.  The Board requested that Mr. Ford write to the State Auditors and obtain their views on this matter.

machinery and equipment

Commr. Hoskinson stated that the City of Montverde has requested use of one of the surplus radios belonging to the County on a temporary basis.  Discussion was held. On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the use of the surplus radios by the municipalities. The radios will be made available to the municipalities provided that their use will not interfere with the other radio frequencies in the area and that all maintenance and changing of frequencies of these radios be the responsibility of the municipality.

contracts and agreements

Mr. Ford presented to the Board the agreement between Postal Colony and Lake County involving the purchase of property owned by them for use as a landfill by Lake County.  On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the contract as submitted and authorized the Chairman to sign same.

public health

Commr. Hoskinson stated that he had received a letter from the Department of Environmental Regulations stating that it observed the Astor Landfill in operation and that Lake County had only received a thirty (30) day extension for the use of this landfill on July 1, 1975 and is therefore in violation.  The Board requested that this matter be discussed when the County Engineer was present.

accounts allowed

Commr. Deems stated that he had received vouchers for his approval for the purchase of ice for the Road and Bridge crew.  He stated that he would like to investigate the possibility of purchasing the ice in bulk quantities rather than allowing it to be purchased on a retail basis by the foremen.  This met with the approval of the Board.

roads – maintenance

Mr. Ford presented to the Board a request from Prickett Properties for the Board to waive its requirement that the developer post a $1,300 bond on constructed roads due to the fact that Asphalt Pavers, who pave the roads for Prickett Properties, guarantees its work for one year.  Discussion was held.  The Board felt that this was a policy which had been adopted and did not consider it to be in the best interest of the County to waive this requirement.  On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the above request was denied.

autos and trucks

In an effort to cut down on expenditures for this coming fiscal year, the Board discussed the driving of County vehicles to and from work by County employees.  On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the following Department Heads and personnel will be the only ones authorized to drive County vehicles to and from work:

Michael Donoghue – County Engineer

Michael Willett – Director of Planning

William Hennessey – Pollution Control Director

Glenn Middleton – Building Official

Philip Yoder – Mosquito Control Director

Alfred Ponds – Road Superintendent

Mike Murphy – Assistance Road Superintendent

Lester Sutton – Maintenance Foreman

Billy Stephens – Maintenance Foreman

Buddy Lewis – Maintenance Foreman

Junior Gnann – Animal Control Officer

public health

Mr. Donoghue appeared before the Board to discuss a few items which the Board requested he research.

At this time, the Board discussed with the County Engineer the letter received by the Chairman from the Department of Environmental Regulations informing Lake County that it was in violation at the Astor Landfill.  Mr. Donoghue stated that the Landfill is still in use and that Lake County had obtained a thirty day extension in July. He stated that the usable area will be exhausted in about one month.  On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board directed the County Attorney to contact by phone Mr. Charles Collins of the Department of Pollution Control in Orlando informing him that the County is negotiating with the City of Winter Park regarding the purchase of equipment to establish a transfer station in this area and that due to the remoteness of this landfill location, the Board of County Commissioners has encountered a great deal of difficulty in solving this problem.  Therefore, the Board is requesting that the Department of Pollution Control grant another extension to Lake County regarding this landfill site.  The Board requested that the Clerk follow this phone call with a letter stating same.

municipalities

Commr. Carson reported to the Board that the City of Leesburg had agreed to share the cost of the pipe needed to correct the drainage problem at Dykes Lake.  However, Mr. Sharon, Leesburg City Attorney, wanted to check into the legality of the City spending funds outside its city limits.

road – closing

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request from Colonial Penn Hawthorne to advertise the petition to close a prescriptive road in District 2 which runs parallel to the Hollendal Road at a time and date to be determined by the Clerk.

county policy

Mr. Donoghue stated that the Mosquito Control Department had requested assistance from the Public Works Department in the cleaning of ditches in the County by use of the prison crew and/or equipment under the interdepartmental lease agreement.  The Board informed Mr. Donoghue it has been a policy of the Board for such help to be rendered and stated that there was no objection from the Board concerning this request.

public health

Mr. Donoghue stated that if the County has to close the Astor Landfill, it will need to place open top containers in the area for trash and garbage.  He stated that the service charge would be $55 per month for maintenance of the container, $70 for each pull and an $18 dump fee.  On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the rental of two open top containers to be placed in the Astor area provided the County is unable to obtain an additional extension for the operation of the Astor Landfill site.

roads – state

Mr. Donoghue stated that Reverend Stanford requested permission to erect a sign east of the intersection of 455 and S561A in Ferndale.  The Board stated that this was a secondary road, and it may not be allowed by the Department of Transportation.  The Board requested the County Engineer to look into the matter.  No action was taken on this request.

accounts allowed

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved payment in the amount of $18,285.12 to Sandy Acres for construction work done in Kings Cove.  This is to be paid from the Escrow Account of Kings Cove.

prisoners

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved for the prison crew to mow the lawn at the Historical Society, provided that it does not interrupt other expected duties by this crew.

roads – subdivision

Mr. Neil Smith appeared before the Board regarding a request for the Board to waive its requirement for a Miami Concrete Curbing and allow him to install a Miami Asphalt Curbing in his subdivision.  The Board discussed the problem that could evolve by making an exception to the Subdivision Rules and Regulations regarding roads.  It was the Board’s opinion that it would rather change the regulations if a Miami Asphalt Curbing would be just as good as a Concrete Curbing rather than make an exception to the rule for a particular individual and therefore establish a precedence.   On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board took no action on the request made by Mr. Smith at this time and instructed the County Engineer to present to the Board a revision of the standards governing road construction in the County’s Subdivision Rules and Regulations that would not deteriorate the quality of the road.

recess and reassembly

The Vice Chairman announced that the Board would adjourn for lunch at Silver Lake Golf and Country Club.  The public and press were invited on a Dutch-treat basis.

At this time, Commr. Hoskinson stated that he would not be present for the afternoon session because he had to attend a meeting in Washington, D.C. on behalf of the County.

machinery and equipment

Commr. Windram stated that he had received a request from a Mr. John Jarnagin to purchase a grease rack located at the MVI Station in Eustis.  Commr. Windram requested that the County Engineer inquire as to whether or not this rack is being used or if it could be used by another County Department and report his findings to the Board.

courthouse

Commr. Deems stated that the parking lot immediately surrounding the Courthouse is mainly used by County employees.  He stated that it was his feeling that this area should be maintained solely for the use by citizens who are conducting business at the Courthouse and not for employee parking.  On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously by those present, the Board requested that the Clerk notify all Department Heads informing them that the interior parking area immediately surrounding the Courthouse is to be made available for use by the general public conducting business at the Courthouse.

zoning

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously by those present, the Board postponed the advertised Zoning Violations until 2:05 p.m.

planning and zoning

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the request of Mr. Ronald Dye to live in a mobile home on the same piece of property on which his conventional home is being constructed, subject to the required Bond being furnished and that the mobile home is to be removed immediately upon completion of the conventional home or upon the direction of the Lake County Board of County Commissioners.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously by those present, the Board approved the request of Joanne Starkey to live in a mobile home on the same piece of property on which her conventional home is being constructed, subject to the required Bond being furnished and that the mobile home is to be removed immediately upon completion of the conventional home or upon the direction of the Lake County Board of County Commissioners.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously by those present, the Board approved the request from Robert Barnes to live in a travel trailer on the same piece of property on which his conventional home is being constructed, subject to the required Bond being furnished and that the travel trailer is to be removed immediately upon completion of the conventional home or upon the direction of the Lake County Board of County Commissioners.

zoning

zoning violation 75-72 edna lourdermilk

Norma Showley, Code Enforcement Officer, stated that Mrs. Lourdermilk was in contact with the Department informing them that the mobile home was no longer hooked up to utilities; however, Mrs. Showley stated that the mobile home was still on the property in question.  On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously by those present, Mrs. Loudermilk was found in violation, declared a public nuisance and was given 60 days to comply with Ordinance 71-6.

zoning violation 75-73 nelson cullum

No one appeared before the Board regarding this case.  On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, Mr. Cullum was found in violation, declared a public nuisance and was given 60 days to comply with Ordinance 70-1.

zoning violation 75-74 sammy pursley

No one appeared before the Board regarding this case.  On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously by those present, Mr. Pursley was found in violation, declared a public nuisance and was given 90 days to comply with Ordinance 71-6.

zoning violation 75-75 ester mackey

Mrs. Showley stated that the Department had received a letter from Mrs. Mackey stating that the people around her had no objection to her mobile home and that she had no place else to live.  On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously by those present, the Board found Ester Mackey in violation, declared her a public nuisance and gave her 90 days to comply with Ordinance 71-6.  The Board also requested that a letter be sent to Mrs. Mackey stating that the matter doesn’t concern the number of people who may or may not object to her mobile home at its present location but that it is in violation with the County Ordinance as to what type of dwelling is allowed in her area.

zoning violation 75-55 jesse smith and georgiann carter

Mrs. Showley stated that the Board had given the above-mentioned persons 90 days to remove the illegal mobile home and that the time had expired.  On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously by those present, the Board requested that this case be immediately turned over to the County Attorney for handling.

public health

Commr. Burhans asked the County Attorney the status of the agreement between Lake County and the City of Umatilla regarding the Umatilla Landfill.  Commr. Windram stated that he felt there was a lack of communication existing and requested that the County Attorney write them a brief letter explaining to them the status of the matter.  Mr. Ford stated that he had an appointment with a representative from the City of Umatilla later in the week.

accounts allowed

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously by those present, travel was approved for William Hennessey to travel to West Palm Beach on October 22, 1975 to attend the quarterly meeting of the Florida Local Environmental Regulation Association.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously by those present, the Board approved travel for the Clerk or his representative to attend the Federal Grants Management Workshop in Atlanta, Georgia on October 22, 1975.

machinery and equipment

The Clerk presented to the Board a request from the Pollution Control Officer for permission to use one of the surplus radios on hand.  The Board requested the Clerk to inform the Pollution Control Officer that these radios will not operate on the County’s frequency.

reports

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously by those present, the Board accepted the monthly report submitted by Youth Programs, Inc.

bonds

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the Contractor Bonds as follows:

125-76             O.R. Cousineau dba Air Flow Heating & Air Conditioning

1065-76           Ed Hurston (Service Contract Company)

1087-76           John H. Moore (Plumbing)

1138-76           Charles L. Anthony (Specialty)

1202-76           Richard Harper dba Cee Jay Custom Pools

1253-76           Franklin Reaves dba Princess Aluminum Builders

1290-76-76     Thomas E. Booth, Jr. (Building)

1310-76           William B. Waters, Jr. (Specialty)

1318-76           Harvey McGuire dba McGuire Mobile Home Service

1319-76           Sidney D. Ward (Jostco Engineering & Construction, Inc.)

1320-76           Dennis V. Lieske (Mechanical-Class B)

1321-76           Kenneth Eugene Dawson (General Contractor’s License)

1322-76           George Leary dba Leary Plumbing Company, Inc.

1323-76           Gordon L. Dake

1324-76           Thomas H. Weekley dba Jimmie’s Sign Service

1325-76           Owen N. Hietpas dba Corley Island Mobile Manor, Inc.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the cancellation of the following Contractor Bonds:

60-76               Orville O. Wood

76-75               J.D. Underwood

190                  Paul L. Gosnell

841-75             G.E. Lee Electrical Contracting & Appliance, Inc.

895-75             Dwight Stoffel dba Stoffel Plumbing & Air Conditioning

897-75             Harvey Wayne Sumner dba Herlong Development Inc.

966-74             Don Ault dba Lakeaire

116-76             Robert L. Barth (Contractor)

1221-75           Rita H. Henry

1253-75           Franklin Reaves

reports

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously by those present, the Board accepted the annual report of the County Forester as submitted.

checks received

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously by those present, the Board accepted the check from Margaret Batterton in the amount of $58.89 for receipt of voters list for 16 precincts.

reports

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously by those present, the Board accepted the monthly revenue and case report from the Traffic and Criminal Department of the Clerk’s Office.

contracts and agreements

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the Cooperative Agreement with the Geological Survey, Water Authority, and Lake County and approved for the County to share one-half the cost to the Water Authority for this study.

accounts allowed

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved travel for Laurence Sistrunk and Jackson Haddox to attend the 88th Annual Meeting of the Florida State Horticultural Society at Lake Buena Vista on November 4 through November 7, 1975.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved travel for Mrs. Alice Ayers and Mrs. Doris M. Taylor to attend a Convention of the National Association of Extension Home Economists in Knoxville, Tennessee from October 23, 1975 through November 1, 1975.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved for the sign shop to prepare the necessary signs in accordance with the Florida State Statute to be placed in front of the parking spaces which are reserved for the disabled in front of the Courthouse.

county employees

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously by those present, the Board approved the employment of Mr. Julian Stokes in the Building Department effective October 15, 1975 at a salary of $6660.00.

accounts denied

The Clerk presented to the Board a request from the Building Inspector to purchase a new IBM electric typewriter at a cost of $693.  No action was taken on this request at this time.

accounts allowed

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved for the following vouchers to be paid:

General Revenue 2898-3199              Revenue Sharing 3 4

Auto Inspection 287-307                    Emergency Medical Services  7 8

Aquatic Weed Control 4 & 5

State Landfill 5

Fine and Forfeiture 471-523

Road and Bridge 1,089-1,178

Construction Trust 16

Capital Outlay 8

Fish Conservation 1 9

North West Ambulance 1  3

suits affecting the county

Mr. Ford, County Attorney, discussed with the Board its previous action to have him file a Declaratory Judgment suit regarding the additional ˝ mill levied by the Northwest Lake County Hospital District.  Discussion was held.  Mr. Ford stated that since the additional ˝ mill was not requested this year, he saw no reason to file for a Declaratory Judgment on this matter.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously by those present, the Board upon the advice of the County Attorney, rescinded its action giving the County Attorney authority to enter a Declaratory Judgment suit involving the Northwest Lake County Hospital District because the additional ˝ mill which is in question was not requested.  The Board requested that the County Attorney write to the necessary authorities informing them of this action.

maps and plats

Mr. Willett appeared before the Board and stated that Mr. Ed Havill has requested that the Board waive its requirement of platting before land may be subdivided.  Mr. Willett stated that Mr. Havill had furnished proof that the plans for this subdivision were being prepared prior to September 3, 1973.  Mr. Willett stated that the parcels of land all faced State Road 44.  On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board accepted the recommendation of the Planning Director and waived the platting requirement as requested by Mr. Ed Havill.

Michael Willett, Planning Director, requested permission to accept plats of 5 to 10 acre tracts on a 1 to 200 scale rather than on a 1 to 100 scale which is now required.  The Board did not feel it wanted to change the regulations at this time and therefore denied the request.

There being no further business to be brought before the Board, the meeting was adjourned at 3:15 p.m.

___________________________

J.M. Hoskinson, chairman

 

___________________________

James C. Watkins, Clerk