A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

august 10, 1976

The Lake County Board of County Commissioners met in regular session on Tuesday, August 10, 1976, in the Commissioners’ Room, Courthouse, Tavares, Florida at 9:00 A.M.  Present were:  C.A. Deems, Vice Chairman; James R. Carson, J.M. Hoskinson and Glenn C. Burhans.  Absent was Thomas J. Windram, Chairman.  Others present were: James C. Watkins, Clerk; Christopher Ford, County Attorney and Andrea Gambrell, Deputy Clerk.

The Invocation was given by James R. Carson and the Pledge of Allegiance was led by Glenn C. Burhans.

roads - subdivision

Commr. Hoskinson brought to the attention of the Board a road problem which exists in Groveland Estates located in South Lake County.  He stated that when the Subdivision was developed the roads were paved; however, since that time the roads have deteriorated and the people are using the County Maintained clay road which links these paved roads because of the condition of the paved roads.  He stated that he thought the County, several years ago, assisted these residents in some way with the repair of their roads.  Commr. Deems stated that he would like to have the County Engineer review the matter before the Board took any formal action on it.

county property appraiser

Commr. Hoskinson stated that he had received a survey from the State Association of Counties wanting to know if Lake County is on data processing.  This was referred to the Clerk for completion; however, it was requested that he contact the Property Appraiser before mailing the completed survey.

roads – county

Commr. Carson stated that he had reviewed the possibility of paving a portion of Picciola Road with the funds that were slated to be used in the construction of SR 452 A.  Commr. Deems stated that he would like each Commissioner who has any suggestions regarding the paving of Secondary Roads to speak with the County Engineer in order that he may review the suggestions and present his recommendation to the Board for consideration.

fire districts

Commr. Carson brought to the attention of the Board that he had received a phone call regarding the possibility of certain residents in the Lake Jem, Eola and Zellwood area of Lake County being taxed for fire protection which they receive from Zellwood which is in Orange County.  Commr. Carson asked Mr. Ford if it was possible for Lake County to levy a tax, have it collected by the Lake County Tax Collector and then distribute it to another County.  Discussion was held.

Mr. Ford stated that his office was researching the question and would present to the Board an opinion on the matter as soon as possible.

bonds

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously by those present, the Board rescinded its action of August 3, 1976, approved the Bond for Mrs. R.J. Thornton as a member of the Board of Trustees of Lake Sumter Community College because notification was received that there was a bond in force until 1977.

licenses and permits

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously by those present, the Board approved the $500 gun permit bond for Norma E. Newell.

resolution

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously by those present, the Board adopted a resolution increasing the charge in the Lake County Jail for housing State Prisoners to $15.00 a day.

funds – transfer

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously by those present, the Board approved the transfer of $250 from #6302328-2 “Mileage for Livestock Position” to #6302337-1 “Building Maintenance” for wiring in the Ag Center to be done within this budget year.  The Board approved the deletion of these funds from the 1976-1977 Budget for this purpose.

public health

The Vice Chairman stated that there was a letter submitted by the City of Mount Dora requesting information on the charge that would be levied by the County on the municipalities for utilization of the County Landfills.  Discussion was held.  The Board directed the Clerk to write to each municipality informing them that the charge for using the County Landfills will be $1.00 a yard or $5.00 a ton.

accounts allowed

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously by those present, the Board approved the purchase of a 35 horsepower outboard motor for the Aquatic Weed Control Department using State funds at a cost of $915 from Cotrell Marine which is the best and lowest quotation of the three received.  These quotations are on file in the Board of County Commissioners’ Office.

schools – misc.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously by those present, the Board approved the request submitted by the Mount Dora High School for the prison crew to clean out the drainage area around the Mount Dora High School football field.

accounts allowed

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved travel for Mary Hamner, Administrator of the Lake County Nursing Home, to attend a required seminar on Nursing Home Administration for seven hours in Tampa, August 10-12, 1976.

communications

The Clerk presented to the Board a letter from Jackson Haddox informing the Board that he would like to take his vacation from August 7-21, 1976.  This met with the approval of the Board.

accounts allowed

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously by those present, the Board approved travel for Jackson Haddox, Lake County Extension Agent, to travel to Tarpon Springs to attend a Florida Cooperative Extension Service and Florida Association of County Agricultural Agents Conference on July 16-17, 1976.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the purchase of two secretary chairs, two desks and two typewriters for the Clerk’s Office and designated the room adjacent to the third floor jury room to be used by the Traffic Department of the Clerk’s Office due to the need to expand because of the passage of Article V.

county employees

Mr. Porter presented to the Board a request from the Planning Department to fill the position of Clerk/Typist at a salary of $5300 effective August 11, 1976.  On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously by those present, the above request was approved.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously by those present, the Board approved the employment of Jerry Sexton as Associate Planner at $11,500 a year.  His effective employment date will be according to his availability to begin working in the Planning Department.

purchasing

Discussion was held on moving the Purchasing Department to another location within the County.  The Board felt that Commr. Deems would be the best person to determine whether or not the Purchasing Department and/or part of the Planning Department should be moved and authorized him to relocate employees and/or departments in Purchasing and Planning according to what he felt was in the best interest of their efficient operations.

county employees

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously by those present, the Board approved the employment of a LPN at the Lake County Nursing Home at a salary of $500 per month effective August 1, 1976 and the employment of a Nurses Aide at $375 per month effective August 15, 1976.

contracts and agreements

Mr. Porter presented to the Board a modified contract between the State of Florida, Department of Commerce, Division of Employment Security and Lake County regarding the Title II CETA Funds.  He stated that the contract was modified from $405,468.00 to $392,219.64; however, this change will not adversely affect the Lake County CETA Programs. 

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously by those present, the Board approved the above mentioned modified contract and authorized the Vice Chairman to sign same in the absence of the Chairman.

appointments

Commr. Hoskinson stated that he had received the applications of those persons interested in serving on the Commission for the Status of Women.  Each Commissioner expressed a desire to have a list of those who applied to serve on this commission for their review and consideration.

At this time, the Board requested that Mr. Ford, County Attorney, review the procedure the Board must take to establish the requested Commission on the Status of Women.

contracts and agreements

Mr. Ford stated that the County had a contract with Doctor Oetjen to serve as physician for the patients in the Lake County Nursing Home.  He stated that it was brought to his attention that the contract entered into on July 1, 1975 does not designate him as “House Physician”.  At this time, Mr. Ford presented to the Board an amendment to this contract designating Leroy Oetjen, M.D. as House Physician.  On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the amendment to the above mentioned contract as submitted and authorized the Vice Chairman to sign same in the absence of Thomas J. Windram, Chairman.

contracts and agreements

Mr. Ford presented to the Board a land purchase agreement for the property owned by Lake Region Packing adjacent to the Lake County Health Department at the appraised cost of $11,200.  Mr. Ford stated that the County should issue a check in the amount of $200 as a down payment with the balance being paid in 30 days after the title insurance has been received and reviewed by the County Attorney’s Office.  On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously by those present, the Board approved the procedure as suggested above by the County Attorney.  On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board authorized the Vice Chairman to sign the land purchase agreement as presented by the County Attorney.

Mr. Ford presented to the Board an agreement between Lake County and Postal Colony for the care of the groves located at the Log House Landfill that is owned by the County.  On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously by those present, the Board approved the agreement as submitted and authorized the Chairman to sign same when possible.

recess and reassembly

At 10:25 A.M. the Vice Chairman announced that there would be a 10 minute recess.  The meeting reconvened at 10:35 A.M.

public health

Mrs. Merrick, a resident of Paisley, appeared before the Board to object to the construction of a transfer station in her neighborhood.  She stated that she nor any of the residents in the area were notified that the County was planning to build a transfer station on one of the lots in this area.  She stated that she and the residents in the area feared that garbage would be thrown on the road during the hours the transfer station was not open and that the odor and flies originating from this site would create a nuisance in this area as well as lower the value of their property.  The Board informed those present on what the County had planned in order to control flies and odor at this location and also informed them that the area in question would be well buffered so as to eliminate unsightliness.  Further discussion was held.

The Board stated that, after a reasonable length of time passes, should the transfer station be causing a good deal of problems to the area, it was a type of construction that could be moved to another location if it was necessary.

Mr. VanKirk and Mr. Mosley appeared before the Board in opposition to the construction of this transfer station as well as to the deterioration of the clay road leading to the station by the traffic that will be generated by the citizens who will be using this facility.

The Board stated that this road would be placed high on the priority list for repaving should the transfer station remain at this location because, according to law, the County must maintain an all weather road to this facility.

planning and zoning

Mr. Willett, Director of Planning, appeared before the Board and presented the revised Land Use Plan as discussed and altered by the Board in the month of July.  He reviewed the incorporated changes as well as some changes made by his Department during its rewriting.

courthouse

Mrs. F. Knowles, Supervising Director of Health and Rehabilitative Services, appeared before the Board to discuss with the members the rental of space within the existing Courthouse when it becomes vacant.  She stated that there were nine agencies employing 81 persons that she would like housed in the present Courthouse.  Discussion was held.  The Board stated that no determination had been made to date involving the allocation of space within the present Courthouse.  At this time, Mr. Watkins, Clerk, stated that it had been the hopes of the Courthouse Committee to create a “One Stop Social Service Center” for the residents of Lake County to eliminate them having to travel to various agencies located in the Golden Triangle and Leesburg area to obtain needed help.

The Board thanked Mrs. Knowles for appearing before the Board and said they would contact her when negotiations began for allocating space in the present Courthouse.

planning and zoning

Mr. Willett presented to the Board his comments on a manual which he received from Commr. Hoskinson put out by the State offering guidelines for conducting the Comprehensive Plan.  He stated that these are just guidelines and should be read with knowledge of Chapter 4 on the 1975 Comprehensive Act.  He stated that as long as they remain guidelines he finds no objection to them; however, should the State adopt them as rules he would most definitely alter his opinion and oppose this manual.  On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously by those present, the Board directed Mr. Willett to write a letter to the Lt. Governor, State Association of County Commissioners, Mr. Eddie Hafner, Executive Director of the State Association; Mr. Wilson Wright and Mr. Bill Roberts informing them of his views on the above mentioned manual on which the Board fully concurs.

recess and reassembly

At 12:00 Noon the Vice Chairman announced that the Board would adjourn for lunch at the Silver Lake Golf and Country Club.  The public and press were invited on a dutch treat basis.

licenses and permits

Mr. Bill Hennessey, Director of Pollution Control, appeared before the Board regarding a request from Mr. Warren G. Farrow for permission to construct and backfill a seawall on a one hundred foot lot adjacent to the St. Johns River at Astor.  Mr. Hennessey stated that this is an after-the-fact permit because the seawall was constructed some time ago but the backfilling was not completed.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried, the above request was approved.  Commr. Hoskinson was absent for the vote.

accounts allowed

On a motion by Commr. Burhans, seconded by Commr. Carson and carried, the Board, upon the recommendation of the County Engineer, approved payment to Macasphalt for the completed work on the A.B. Merrit Raod subject to the Waiver of Lien being received and the Maintenance Bond being posted.  Commr. Hoskinson was absent for the vote.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved payment of Road and Bridge Payments to fourteen municipalities totaling $117,803.34 in accordance with State Statute 336.50.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved payment to Jack Jones, Architect, in the amount of $6,918.85 which is in accordance with their contract.  Commr. Hoskinson was absent for the vote.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved payment to P&C Thompson Brothers, General Contractor, in the amount of $293,339.10 which is in accordance with their contract with Lake County.  Commr. Hoskinson was absent for the vote.

county employees

Mr. Watkins reported to the Board that the County’s new Switchboard Operator’s name is Liz Low.  He stated that she started today, August 10, 1976, at a salary of $400 and would be raised to $425 after a three month probationary period.

contracts and agreements

Mr. Ford state that he had reviewed the Contract submitted by Cody and Associates regarding their charges for Labor Negotiating Services on Lake County’s behalf.  He stated that the contract seems in order and he could find no objections to it.  On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved the above mentioned contract between Lake County and Cody & Associates upon the recommendation of the County Attorney and authorized the Vice Chairman to sign same in the absence of Commr. Thomas J. Windram, Chairman.  Commr. Hoskinson was absent for the vote.

funds – transfer

On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the following transfers were approved:

general revenue fund

            County Commissioners - $3,000 from Contingency to #2101108 “Unemployment Compensation”

            Clerk of Circuit Court - $600 from #2320205 “Office Supplies and Expenses” to #2320402 “Equipment”

            Courthouse - $3,000 from Contingency to #2671340 “Utilities Other Administrative Buildings”

                                  $22,500 from Contingency to #2670337-1 “Maintenance of Buildings”

            Mosquito Control (Local) - $500 from #4212201-3 “Gasoline, Etc.” to #4212341.3 “Contracted Services”

            Animal Shelter - $900 from Contingency to #5106209 “Medical and Surgical Supplies and Expenses”

            Welfare Services - $2,000 from Contingency to #5221308-4 “Pauper Burials”

            State-County Welfare Participation - $10,000 from Contingency to #5222315 “Medicaid-Hospital”

            Agriculture - $1,400 from Contingency to #6302340 “Utilities”

            Soil Conservation - $500 from #6303402 “Equipment” to #6303205 “Office Supplies & Expenses”

            Supervisor of Elections - $1,000 from #2440205 “Office Expenses” to #2440102 “Salaries”

fine and forfeiture fund

            Transfer $1,000 from Contingency to #2101603 “Refunds”

            Transfer $10,000 from Contingency to #2322334-1 “Fees and Costs – Circuit Court”

            Transfer $12.94 from Contingency to #2333340 “Utilities-Public Defender”

            Transfer $1,400 from Contingency to #3990334-2 “Other Medical Services”

road and bridge fund

            Transfer $57,330.92 from #4102402 “Purchase New Equipment” to #4102341 “Contracted Services”

            Transfer $3,000 from Contingency to #4102106 “Hospitalization”

Commr. Hoskinson was absent for the vote on the aforementioned transfers.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the following transfers were approved:

Northeast Lake County Hospital District - $1,689.81 from #2211334 “Commissions of Tax Assessor” to #2212334 “Commissions of Tax         Collector”

Northeast Lake County Hospital District Ambulance Fund – transfer $1,071.71 from #2212334 “Commissions of Tax Collector”, $134.76 from        #5105341 “Ambulance Service” and $48.50 from #5105402 “Equipment” to #2211334 “Commissions of Tax Assessor”

Northwest Lake County Hospital District Ambulance Fund – transfer $2,174.59 to #2211334 “Commissions of Tax Assessor” and $668.31 to        #2212334 “Commissions of Tax Collector” from #5102000 “Ambulance Service”

Commr. Hoskinson was absent for the vote of the above mentioned transfers.

zoning

ZONING VIOLATION 76-2  Guadalupe Garcia

No one appeared before the Board regarding this case.  On a motion by Commr. Carson, seconded by Commr. Burhans and carried, Mr. Garcia was found in violation, the violation was declared a public nuisance and he was given 30 days to comply with Ordinance 71-6.  Commr. Hoskinson was absent for the vote.

ZONING VIOLATION 76-59  Clyde Boliek

No one appeared before the Board regarding this case.  On a motion by Commr. Carson, seconded by Commr. Burhans and carried, Mr. Boliek was found in violation, the violation was declared a public nuisance and he was given 30 days to comply with Ordinance 70-1.  Commr. Hoskinson was absent for the vote.

commissioners

At 2:03 P.M. Commr. Hoskinson arrived for the afternoon session.

zoning

ZONING VIOLATION 76-83  Lamar Mathis

No one appeared before the Board regarding this case.  The Board was informed that the hogs had been removed from the property however the goats still remained.  Discussion was held regarding whether or not the goats presented a violation in RR Zoning; it was determined that goats did not present a violation in this Zoning District.  On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board dismissed the case because no violation existed.

ZONING VIOLATION 76-85  Quince Hodgins

No one appeared before the Board regarding this case.  On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously by those present, the Board found Mr. Hodgins in violation, declared the violation a public nuisance and gave him 30 days to comply with Ordinances 71-6 and 70-1.

ZONING VIOLATION 76-86  Paul Ferris  Property Owner Maude Ferris

Mr. Paul Ferris appeared before the Board regarding this case.  He stated that no one was living in the home that was citied as a violation.  Discussion was held.  The Board explained to Mr. Ferris that according to the County’s regulations mobile homes were not allowed in an R-1-7 Zone.  On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board found Mr. Ferris in violation, declared the violation a public nuisance and gave him 60 days to comply with Ordinance 71-6.

ZONING VIOLATION 76-87  J.F. Williams

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. Williams was found in violation, the violation was declared a public nuisance and Mr. Williams was given 30 days to comply with Ordinance 71-6.

ZONING VIOLATION 76-88  Ellis Smith  Property Owner Roger Conner

No one appeared before the Board regarding this case.  On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, this case was postponed until September 14, 1976 until 2:00 P.M. because Commr. Deems had received word from the Property Owner that the matter would be resolved.

ZONING VIOLATION 76-89  Howard Turney

No one appeared before the Board regarding this case.  On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously by those present, the Board found Mr. Turney in violation, declared the violation a public nuisance and gave him 30 days to comply with Ordinance 71-6.

suits affecting the county

At this time, Mr. Ford stated that the County had been served with a suit of Carland vs. Lake County involving a quiet title case.  He requested approval from the Board to defend this suit.  On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the request to the County Attorney to proceed to defend the County in the above mentioned suit.

county employees

Commr. Deems stated that the Board had received a letter of resignation from Donald Quagliotti, Lake County Civil Defense Director.  Discussion was held.

Mrs. Quagliotti was present and expressed her feelings on the matter involving her husband’s resignation as the Director of the Lake County Civil Defense Department.

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried, the Board accepted the resignation of Mr. Donald Quagliotti effective at a time to be determined by him between now and August 24, 1976.  Commr. Hoskinson voted “no.”

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously by those present, the Board requested that a letter of commendation be forwarded to Mr. Quagliotti for his service as a volunteer prior to his employment by the County and for his service to Lake County while serving as Director of Civil Defense.

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously by those present, the Board directed the Clerk to notify Mr. Porter that he was to begin securing applications for the position of Lake County Civil Defense Director, appointed Mr. Fred Bollenberg, Veteran Service Officer, as Acting Civil Defense Director, and directed that the Clerk’s Property Agent conduct the inventory at the Civil Defense Office at which time Mr. Quagliotti will sign the inventory list as the outgoing Civil Defense Director and Mr. Bollenberg will sign the inventory list as the incoming Acting Civil Defense Director.

roads – county

Commr. Hoskinson stated that there was a problem involving a road which was being obstructed by an individual due to the placement of a chain link fence.  He stated that he had consulted the County Attorney on this matter.

Mr. Ford, County Attorney, stated that he had researched the matter and that, according to the information he had compiled, the road is public because of a re-plat of the land provided the re-plat is legal.

It was suggested that perhaps the Sheriff could go out to the location and inform him he cannot block a road in this manner or maybe have the County Engineer write a letter stating that an individual cannot block a public road.  Discussion was also held regarding the possibility of it being a Code Violation.

Mr. Ford stated that it may take an injunction to remove the encroachment off the road in question.  Mr. Ford stated that he would research the matter further and present a recommendation to the Board.

accounts allowed

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously by those present, the following bills were approved for payment:

General Revenue  2535-2803                         State I Mosquito Control  1

Road and Bridge  871-978                             State II Landfill  3

Fine and Forfeiture  418-461                          Aquatic Weed Control  3

Auto Inspection  195-213                               North West Ambulance  10

Certificate of Indebtedness  3                        North East Ambulance  17-19

Revenue Sharing  20                                       North East Hospital 12-13

COR (County Buildings)  1-2                        Emergency Medial Services  7

Construction Trust 3

indigents

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

CANCEL        Sylvia W. Clark for Fay Sangster                   $40                  District 1

ADD               Creola Davis for George Wallace                   $50                  District 1

ADD               Eilees McCoy for Rubin Davis                       $44                  District 1

ADD               Robert Woods for Warren Rogers                  $50                  District 1

ADD               G.W. Pringle for Helen McMurphy                $40                  District 2

ADD               Hugo Nochbour for Christina Daniels            $50                  District 2

ADD               Sally Chisholm for Maria Smith                     $45                  District 5

contracts and agreements

Mr. Ford presented to the Board an amendment to the Contract between Lake County and Waterman Memorial Hospital regarding the operation of the Ambulance Service.  He stated that this amendment would allow an unaudited statement of the Ambulance Service to be submitted to the County instead of an audited statement for the 1975-1976 Fiscal Year.

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously by those present, the Board approved the amendment to the above mentioned contract stating that the unaudited statement would be accepted only for the 1975-1976 Fiscal Year.

There being no further business to be brought before the Board the meeting adjourned at 3:00 P.M.

 

_________________________________

thomas j. windram, chairman

 

­­­­­________________________

James C. Watkins, Clerk