A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
february 10, 1976
The Lake County Board of County Commissioners convened in regular session on Tuesday, February 10, 1976, at 9:00 a.m., in the Board of County Commissioners’ Room, Courthouse, Tavares, Florida. Present were: Thomas J. Windram, Chairman; C.A. “Lex” Deems; Glenn C. Burhans; James R. Carson, Jr.; and J. M. Hoskinson. 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.
minutes
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the minutes of the regular meeting of January 6, 1976 were approved as amended.
On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the minutes of the regular meeting of January 13, 1976 were approved as amended.
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the minutes of the regular meeting of January 20, 1976 were approved as amended.
communications
The Chairman presented to the Board a notice from the Florida Public Service Commission regarding a hearing to be held on March 8, 1976 at 9:00 a.m. at the Leesburg Police Station Courtroom involving the application of the Southern States Utilities, Inc. for an increase in rates to its customers in Lake County. The Chairman requested that a copy of this be forwarded to the residents of Spring Lake.
The Chairman also presented to the Board for its information a copy of the public hearings held by the Department of Transportation regarding the widening of Dixie Avenue in Leesburg.
accounts – transfer
Commr. Windram stated that he was still researching the matter involving the request to transfer $40,000 from Contingency to the “Hospital” account and hopes to have a recommendation for the Board at its next meeting.
communications
Commr. Windram presented to the Board a letter from Mr. Charles M. Cousino, a disabled resident of Lake County, volunteering his years of experience and knowledge to the County.
The Board requested that the Clerk prepare a letter on behalf of each Commissioner thanking him for his willingness to serve Lake County and inform him that the Board will keep his offer in mind.
schools – misc.
Commr. Windram presented to the Board a letter from Mr. E. R. Jeisma, President of the Sylvan Shores Association, requesting that the County take into the County maintained system Greenway Drive which is being used as a School Bus route.
The Board discussed the fact that it had already taken four roads in the Sylvan Shores area into the maintained system and requested the Clerk inquire if Greenway Drive is being used in addition to or instead of one of the previously approved roads.
roads – county
The Chairman presented to the Board a letter from Mr. Fred M. Harpster, Engineer, regarding the problem involving Ebersole Road. He reiterated his suggestion of constructing the road on a “Prescriptive Plat” basis.
At this time Mr. Ford, County Attorney, stated that he had been informed by the law firm of Gaylord, Ray and Gaylord that the matter had been resolved. Mr. Ford stated that he would write to Mr. Gaylord about the matter.
roads – state
Commr. Windram presented to the Board a letter from the Department of Transportation regarding the County’s resolution requesting that another appraisal be made on the property being considered for right-of-way purchase for the construction of S452A. It stated that the DOT felt that another appraisal was not necessary, and if the Board had any questions, Mr. V. R. Feorene, Staff Appraiser, would appear before the Board to answer any of its questions. The Board requested the Clerk to make such an appointment as soon as possible.
county employees
Mr. Evan Porter, Special Assistant, appeared before the Board regarding the vacancy of Chief Counter Clerk in the Planning Department. He stated that an employee was needed in this capacity and requested approval to fill this position at an annual salary of $6,600.
At this time Commr. Windram discussed with Mr. Porter and the Board the operation of the Personnel Department. He stated that it was the Board’s intention that all applicants would be referred to Mr. Porter’s office and would be interviewed by him. When a position became available, the Personnel Office would send to the Department Head those applicants best qualified to fill the position for interview by the Department Head. The Board requested that all future applications be handled in this manner.
On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the Board approved the filling of the position of Chief Counter Clerk in the Planning Department at an annual salary of $6,600 a year, provided that the person to be hired meets the approval of the Department Head, Michael Willett.
accounts allowed
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved travel for Evan Porter to attend the Fifth Annual National Public Employer Labor Relations Association Conference in Riviera Beach, Florida from March 7-12, 1976 and approved payment of the advance registration fee of $120.
appropriations
Commr. Windram brought to the attention of the Board that Mr. Porter had informed him that the CETA Program was taking up a great deal of his time, and he was unable to devote his attention to Labor Management and Personnel business. Commr. Windram requested the Board consider hiring a CETA coordinator to be paid through CETA Administrative funds; however, it would cost the County approximately $300 in equipment to establish this position. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the employment of a CETA Coordinator at $8,400 a year to be funded through CETA Administrative Funds and approved the expenditure of $300 in equipment costs for the establishment of this position. This employee is to understand that when the CETA Funds expire, the position will be terminated.
county buildings
Commr. Windram stated that he had received a request from the Department of Health and Rehabilitative Services that it be permitted to place its HRS decal on the Health Department Building which is owned by the County. On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board approved the above request. Commr. Deems voted “no” because he did not feel this was necessary.
roads – subdivision
Mr. Sam Carroll of Dona Vista Park appeared before the Board regarding a problem which exists on Sylvan Lake Drive. He presented to the Board a letter outlining the problems in the area. He also informed the Board that there was an incident of violence against one of the residents who lives on Sylvan Lake Drive during the early hours of the morning when he requested the individuals using facilities of Snow Lake near Sylvan Drive to maintain a lower level of noise.
Mr. Ford stated that he would like to look at the plat before any recommendation was made to the citizens present. The Board stated that further discussion would be continued later in the morning when the County Attorney returned to the Board with a recommendation.
purchasing department
Commr. Carson stated that the matter involving problems the Nursing Home was experiencing with the Purchasing Department were being researched, and he would have a recommendation to make to the Board by its next meeting.
county employees
Commr. Carson stated that he had reviewed the correspondence referred to him last week from Deferred Compensation Corporation of America. He stated that it was similar to the one already in effect in Lake County. The Board requested the Clerk to write to Mr. John Q. Boraski, National Sales Director of Deferred Compensation Corporation of America, informing him that there is already a similar program in effect and is not interested at this time.
purchasing department
Commr. Hoskinson stated that there were some problems in getting some of the Departments to comply with the new purchasing procedures as adopted by the Board. He further stated that Mr. Middleton anticipated that all the County Departments will be established in the new purchasing procedure by March 1, 1976.
Commr. Hoskinson stated that there seemed to be some concern with some departments regarding the purchase of emergency items. The Board stated should a situation arise of that nature, Mr. Middleton could issue a purchase order number and possibly advise the department where the item can be purchased at the cheapest price.
The Board requested the Clerk to write to all department heads reiterating the Board’s direction that all purchasing, including emergency items, are to be submitted to the Purchasing Agent and that the County will not be responsible for any bills that have not been referred to the Purchasing Agent for a purchase order number.
roads – subdivision
Mr. Ford returned to the Board with a recommendation on the problems the residents are experiencing in Dona Vista Park. He suggested that a petition be filed to close Sylvan Lake Drive after which the two property owners involved could erect a fence to prevent persons from entering the area where the problems are originating. He further informed the Board that Third Street and Oak Street that run perpendicular to Sylvan Lake Drive would allow the residents in the area access to the lake.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the advertisement of a petition to close Sylvan Lake Drive in Dona Vista Park for March 2, 1976 at 2:00 p.m.
planning and zoning
Mr. Willett, Director of Planning, appeared before the Board regarding the criteria the Board may adopt in determining vested rights for the Green Swamp Area. The Board members reviewed the recommendations submitted by the Director of Planning. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved and adopted the criteria submitted by the Planning Department when the Board of County Commissioners must determine vested rights in the Green Swamp area.
At this time Mr. Willett submitted to the Board a brief summary of the four volume Green Swamp Study prepared by the University of Florida under the direction of Dr. Harry Merritt. This summary is on file in the Board of County Commissioners under “GREEN SWAMP – AREA OF STATE CRITICAL CONCERN.”
accounts allowed
On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the Board approved travel for Michael Willett to attend a meeting on the Green Swamp Study in Tallahassee February 17-18, 1976.
public health
Mr. Willett reported to the Board that he had obtained from the municipalities a total commitment of $21,136.00 for the completion of the 201 Grant Application. He stated that he needed from the Board a commitment for the balance of the funds needed which amounted to $12,525.00. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board committed itself to the expenditure of $12,525.00 in order to complete the 201 Grant Application.
Mr. Willett stated that the Board needed to adopt a resolution which must be submitted to the Environmental Protection Agency accepting the 201 Grant. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board adopted a resolution accepting the Federal grant offer from the EPA.
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board commended Mr. Willett for his outstanding efforts in obtaining from the various municipalities a commitment of $21,525.00 for the completion of the 201 Grant Application.
The Board requested that the Clerk write to each municipality involved and thank them for their cooperation in this matter.
At this time Mr. Willett presented to the Board a memo for their information explaining the following four programs: 201, 208, Community Development Block Grants, and 1975 Local Government Comprehensive Planning Act. The memorandum also informed the Board of the status of the Comprehensive Plan and outlined what elements were required by the Plan, what elements were in the process of being done, and the elements that still needed to be started. He stated that a drainage study must be conducted and suggested that the Board adopt a resolution requesting the Lake Soil and Water Conservation District Incorporate in its projects for 1977 three sub-basin drainage studies which would be for Blackwater Creek, Haines Creek and Lake Denham-Helena Run. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board adopted a resolution stating the above as suggested by the Director of Planning.
recess and reassembly
At 12:00 noon the Chairman announced that the board would adjourn for lunch at the Lamp Post Restaurant. The public and press were invited on a Dutch-treat basis.
At 2:00 p.m. the Board reconvened for the afternoon session; however, Commr. Hoskinson was not present at this time.
zoning
zoning violation 76-2 don l. drew
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, the Board declared Mr. Drew in violation, declared it a public nuisance and gave him 30 days to comply with Ordinance 71-6.
zoning violation 76-4 gordon roepke
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, the Board found Mr. Roepke in violation, declared it a public nuisance and gave him 30 days to comply with Ordinance 71-6.
zoning violation 76-5 willie f. chambliss
Mr. Chambliss appeared before the Board regarding this case. The Board informed him that in order to come into compliance he would need either a current inspection sticker and license plat on his vehicles or have them covered in some way. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously by those present, the Board found Mr. Chambliss in violation, declared it a public nuisance and gave him 60 days to comply with Ordinance 71-1
zoning violation 76-6 garnett w. hulett
Mr. Hulett appeared before the Board and stated that his truck was the only means of transportation he had to and from work and that he never drove the vehicle home loaded with a haul. Discussion was held. Mr. Hulett stated that he may be able to park the trailer on a piece of property zoned C-1. The Board asked the Director of Planning if this would be permitted, and he stated that it would be satisfactory for Mr. Hulett to park the trailer on a property zoned C-1.
commissioners
At 2:30 p.m. Commr. Hoskinson arrived for the afternoon session.
zoning
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board found Mr. Hulett in violation, declared him a public nuisance and gave him 30 days to comply with Ordinance 70-1 and 71-6 involving his trailer.
zoning violation 76-7 Donald b. welsh
No one appeared before the Board regarding this case. Commr. Hoskinson stated that he had received a telephone call from Mr. Welsh stating that he had sold the vehicle but was waiting for the balance of the money to be paid before he signed the vehicle over to the new owner. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board found Mr. Welsh in violation, declared it a public nuisance and gave him 30 days to comply with Ordinance 70-1.
zoning violation 76-9 james freeman
No one appeared before the Board regarding this case. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board found Mr. Freeman in violation, declared him a public nuisance and gave him 30 days to comply with ordinance 70-1.
zoning violation 76-10 edwin b. sebright
Mr. and Mrs. Sebright appeared before the Board regarding this case. They stated that they were not the only ones in the neighborhood who were keeping animals on their property. The Board explained to Mr. and Mrs. Sebright that there are many people in the area that were in violation of the County Ordinance, but it would be impossible to bring everyone before the Board on the same day and stated that the Department would be in contact with every resident that was in violation.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board found Mr. Sebright in violation, declared it a public nuisance and gave him 30 days to comply with Ordinance 71-6.
zoning violation 76-14 luther r. waller
No one appeared before the Board regarding this case. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board found Mr. Waller in violation, declared it a public nuisance and gave him 30 days to comply with Ordinance 70-1.
zoning violation 76-13 bynum c. buggs
Mr. Willett stated that Mr. Buggs had come into compliance and that a violation no longer existed.
zoning violation 76-23 billy h. roach
Mr. Roach appeared before the Board regarding this case. He stated that his building was built according to the Southern Standard Building Code and that he would see Mr. Glenn Middleton, Building Official, about obtaining the proper Building Permit. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board found Mr. Roach in violation, declared it a public nuisance and gave him five (5) days to comply with Ordinance 71-6.
proclamation
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board proclaimed February 22-28, 1976 as Engineer’s Week upon the request of the National Society of Professional Engineers.
autos and trucks
Commr. Hoskinson stated that the County was ready to receive another transport load of fuel. He informed the Board that he requested Mr. Glenn Middleton to obtain quotations from various suppliers as well as independent dealers and present these quotations to the Board on February 17, 1976.
Commr. Carson discussed with the Board the contract Lake County had with a major oil firm and the position the County would be placed in should another gasoline crisis occur if the County purchased fuel from several suppliers. Mr. Ford stated that Commr. Hoskinson was assured by Tallahassee that such activity by Lake County would not interfere with our quota because the gasoline would be allocated according to use factor. Mr. Ford said the problem may arise in attempting to have a supplier guarantee Lake County its quota. He further suggested that when the County looks for another supplier, it obtain an agreement that the company the County decides on will “look after” Lake County in the event of another gasoline shortage.
public health
Commr. Burhans reported to the Board that he had discussed with the Astor Park Water Association, Inc. the matter involving the supplying of water to the County’s Transfer Station in Astor for the purpose of fire protection as well as sanitary needs. He stated that the Water Association had agreed to include in its quotation of $1750 a two-inch line from the eight-inch main line to the County’s proposed transfer station and extending the two-inch line to the ramp. On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board accepted the offer of the Astor Park Water Association, Inc. as stated above in the amount of $1750 and authorized the necessary transfer of funds.
fairgrounds
Commr. Burhans stated that a permanent stage is being constructed at the Lake County Fairgrounds, and it has been requested for the County to assist by providing 100 yards of fill dirt for this construction.
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board approved for the Public Works Department to assist in the construction of the permanent stage at the Lake County fairgrounds by providing 100 yards of fill dirt when it can be fitted into the work schedule.
autos and trucks
Commr. Burhans presented to the Board a letter from the Mosquito Control Department requesting permission to transfer to the Public Works Department a 1963 ½-ton Ford pickup truck which is no longer needed in the Mosquito Control Department. Commr. Deems stated that he would like to research this request before formal action is taken by the Board.
Commr. Burhans presented to the Board a letter from the Altoona Volunteer Fire Department requesting the use of a 1952 Dodge power wagon and a 1954 International tank truck which the Mosquito Control Department no longer needs. At this time Commr. Windram stated that several volunteer fire departments are in need of vehicles and requested that the Clerk make a list of those departments that have requested vehicles and forward it to Commr. Hoskinson for his attention.
The Board also requested the Clerk to write to the volunteer fire departments that have submitted such requests and inform them that a priority system is being established, and they will be contacted in the near future.
east central florida regional planning council
Commr. Windram presented to the Board a letter from the Department of Health and Rehabilitative Services to Mr. Donald Welch, President of the East Central Florida Comprehensive Health Planning Council, informing him that even though grant-in-aid for area-wide health planning has been discontinued as of January 1, 1976, this council will still be officially recognized as the health planning agency for area-wide health planning region. This letter was read and filed.
communications
Commr. Hoskinson presented to the Board a letter from the Department of Community Affairs regarding the audit that had to be submitted for the Community Services Trust Fund grant for the program year October 1, 1974 to September 30, 1975. He stated that this has been referred to Mr. Skipper Babb.
Commr. Windram presented to the Board a questionnaire from the Lake Community Action Agency. This was referred to Mr. Michael Willett.
Commr. Windram presented to the Board a letter from Kenneth C. Bill, M.D. regarding the percentage of people who do not pay their hospital and/or doctor bills and suggested that the government provide funds for these incurred debts. Commr. Windram stated that he would like to meet with Mr. Watkins and compose a letter to Dr. Bill outlining the services Lake County provides for its poor.
accounts allowed
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the payment of $4,209.78 to Jack Jones, Architect, in accordance with his contract.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the payment of $198,801.75 to P & C Thompson Brothers in accordance with their bid for the construction of the new Lake County Courthouse.
bonds
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the following Contractor Bonds were approved:
362-76 James A. Adams (General Contractor)
888-76 James Mahoney (Electrical)
958-76 Steven W. Griffin, Jr. (Carpentry)
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the cancellation of the following Contractor Bonds:
820-76 Richard B. Garlington dba Garlington’s Plumbing, Inc.
897-76 John McCown
licenses and permits
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved firearm permits and the $500 bond for Emanual Adams, B. T. Cheatham and George White, Jr.
accounts – refused
The Clerk presented to the Board a request from Frankie Rouse, Manager of the Lake County Animal Shelter, for permission to attend the Mid-Year Convention of the Florida State Animal Control Officers Association March 4-6, 1976. Commr. Deems stated that he would like to review this request with Mrs. Rouse before formal action is taken by the Board.
roads – county
Mr. Watkins reminded the Board that it was time for it to establish a date to receive the five-year road requests from the municipalities and to establish a meeting to set priorities to be presented to the Department of Transportation on March 17, 1976.
The Board stated that it would receive the road requests from the municipalities on Tuesday, March 2, 1976 at 2:30 p.m. and that a special Board meeting would be held on March 8, 1975 at 9:30 a.m. to set the priorities for the five-year road program. At this time the Board requested that the Special Board meeting be advertised in order for the public to have an opportunity to attend and voice their opinion on the various road requests.
indigents
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved for the following changes to be made on the indigent list:
CANCEL Harry J. Anderson for Mina Kate Tupper #5 #50
account allowed
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board approved for the following vouchers to be paid:
General Revenue 819-1106
Auto Inspection 71-92
Fine and Forfeiture 137-178
Road and Bridge 295-384
Certificate of Indebtedness 1 – 2
Fish Conservation 8
North East Ambulance 6
Revenue Sharing 7 and 8
schools – misc.
Commr. Windram reminded the Board that it had agreed to help the City of Eustis in the construction of two baseball fields and a football field on the Eustis Heights School grounds by moving the dirt through the use of its heavy equipment. He stated that the job was larger than had been expected and informed Mr. Hoppe, Eustis City Manager, that due to the work load of the County, the requested work would have to be done only when time permitted.
municipalities
At this time Commr. Windram presented to the Board a request from the City of Mount Dora for 15-16 loads of clay with the understanding that the County would only have to load the clay and the City would be responsible for hauling it. Commr. Hoskinson stated that he felt the County sold the clay to municipalities. Commr. Windram requested the Clerk to research this matter and inform Commr. Windram if it is the County’s policy to sell this material to the municipalities and if so at what price.
schools – misc.
At this time Commr. Deems stated that he would like to discuss further the commitment the County made regarding the moving of dirt for the construction of three ball fields on school property. He suggested that possibly the County could contract the work out to a commercial company. Commr. Hoskinson stated that he did not feel that tax money should be expended for this purpose. Commr. Windram suggested that possibly this could be contracted out on an equal participation basis. At this time Commr. Deems stated that he felt the Board had two choices, either inform the necessary parties that the County will be unable to do the work or honor its previous commitment the best it could.
Commr. Windram stated that he and Commr. Burhans would look into the matter and present a definite recommendation to the Board.
road closing
Mr. Ford stated that Mr. John Baker and Mr. John Tolson of Florida Rock Industries were present and would like to brief the Board on the status of County Road in South Lake County in relation to their sand mine.
Mr. Tolson stated that Florida Rock Industries was prepared to request permission to advertise the closing of Green Swamp Road, DR 3-0439, a prescriptive road. He stated that Florida Rock Industries was prepared to reroute the County Road around the sand deposit that is proposed to be mined. A new road has been constructed along the alternate right-of-way; a portion of it has been paved and the remaining portion of the road has been graded in a satisfactory manner and is better than the existing prescriptive road.
Commr. Hoskinson stated that it is his understanding that Florida Rock will dedicate to the County or the public a full width right-of-way through their land up to its connection to that portion of the Green Swamp Road that is not being closed. He further stated that the road will be paved up to the plant site, the remainder will be clayed, and if and when the plant is moved to the upper area of the property, another portion of the road would be paved. Mr. Tolson stated that this was correct, and Mr. Ford too stated that this was his understanding. Mr. Tolson stated that their trucks would not be traveling the portion of the road that was clay.
On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved the request of Florida Rock Industries to advertise a petition to close a portion of DR 3-0439 at a time and date to be determined by the Clerk.
At this time Commr. Hoskinson stated that he had been receiving telephone calls regarding the restoration plans at the Florida Rock Sand Mine in Astatula. Mr. John Baker stated that according to the CUP they must slope the sand pit and hope to sell the material now located there as fill dirt.
There being no further business to be brought before the Board, the meeting was adjourned at 4:55 p.m.
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thomas windram, chairman
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James C. Watkins, Clerk