A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
november 9, 1976
The Lake County Board of County Commissioners convened in regular session on Tuesday, November 9, 1976, at 9:00 a.m., in the Commissioners’ Room, Courthouse, Tavares, Florida. Present were: Thomas J. Windram, Chairman; C.A. “Lex” Deems; Glenn C. Burhans; and James R. Carson, Jr.; Absent was J. M. Hoskinson. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Sharon Mitchell and Andrea Gambrell, Deputy Clerks.
The Invocation was given by James C. Watkins, Clerk, and the Pledge of Allegiance was led by James R. Carson, Jr.
county employees
Commr. Windram presented to the Board a letter from the State Association of County Commissioners requesting that the County forward to them the questionnaire pertaining to the local government salary and fringe benefit survey. This was referred to the Clerk for processing.
bonds
On a motion by Commr. Burhans, seconded by Commr. Carson and carried, the following Contractor Bonds were approved:
906-77 John J. Tennison dba Tile, Linoleum & Carpets Contractor
1065-77 Ed Hurston dba Hurston Enterprises, Inc.
1415-77 Crane Refrigeration – Heating & Air Conditioning Contractor
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved for the following Contractor bonds to be cancelled.
29-76 Alvin R. Tyre dba Al Tyre and Son
61-76 Joe F. Fedor dba General Contractor
111-76 Carroll M. Walter dba Lak-Co
341-76 Maynard Burgess-Building Contractor
825-76 Herman Nickell dba Nickell Housemovers
964-76 John C. Lucas – Carpentry Contractor
On a motion by Commr. Burhans, seconded by Commr. Carson and carried, the Board approved the County Commissioner Bonds for Commissioners Glenn Burhans, James R. Carson, Jr., and J. M. Hoskinson. Commr. Deems was absent for the vote.
checks received
On a motion by Commr. Burhans, seconded by Commr. Carson and carried, the Board accepted a check in the amount of $28 from Joe Knowles and a $5.00 voucher each from Vince Fechtel, Donald E. Stephens and Ed Hurston for voters lists. Commr. Deems was absent for the vote.
accounts allowed
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved travel for Bill Driggers, Civil Defense Preparedness Coordinator, to attend the Annual Conference of the Florida Civil Defense Association in Palm Beach, December 1-3, 1976.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved travel for Mary Hamner, Supervisor of the Lake County Nursing Home, to attend a required schooling session for Licensure in Orlando from November 30 through December 3, 1976. Commr. Deems was absent for the vote.
reports
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board accepted the MVI report dated October 1976. Commr. Deems was absent for the vote.
Accounts allowed
On a motion by Commr. Burhans, seconded by Commr. Carson and carried, the Board approved the purchase of a Lanier #1977 Edisette Transcriber and an IBM Typewriter for use in the office of Judge W.A. Milton, County Judge.
contracts and agreements
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved the Interlocal Agreement between the County and the City of Montverde for the Preparedness of its Comprehensive Plan and authorized the Chairman and Clerk to sign same.
accounts allowed
On a motion by Commr. Burhans, seconded by Commr. Carson and carried, the Board approved purchase of an electronic calculator at a cost of $216.11 from the Budget of the Clerk of the Circuit Court and the purchase of an electronic calculator from the Board of County Commissioners Budget in the amount of $361.65 to be used in the Finance Department.
indigents
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved the following changes on the Indigent list:
ADD Inge Wheat for Hans Behrend Dist. #3 $30.00
ADD Jimmie Kemp for Patricia Young Dist. #2 $44.00
CANCEL Vernon Schneider for Ed Priester Dist. #3 $50.00
ADD Roosevelt Woods for Warren Rogers Dist. #1 $50.00
ADD Sam Pruitt for Robert Monk Dist. #1 $50.00
ADD Arthur L. Morgan for Betty Smith Dist. #5 $37.50
accounts allowed
On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the following vouchers be paid:
General Revenue #1 – 326 Revenue Sharing #1
Road and Bridge #1 – 100 Northeast Hospital #1
Fine and Forfeiture #1 – 51 Fish #1
Auto Inspection #1 – 23 D.W.I. #1 – 2
Youth Volunteer Counselor #1- 3 COR (County Bldgs.) #1
201 Facilities #1 – 2 CETA #1 – 14
Aquatic Weed Control #1
communication
Mr. Watkins presented to the Board a letter from Multifunding, Inc. regarding the institution of a deferred compensation program in Lake County. The Board requested that this be referred to the Insurance Committee for its review and consideration.
commissioners
At 9:15 a.m. Commr. Hoskinson arrived for the Board of County Commissioners meeting.
courthouse
At this time the Clerk discussed with the Board the utilization of the existing Courthouse when it becomes vacated. He stated that according to the conversations he has had with representatives from the Department of Health and Rehabilitative Services, they are interested in renting 100 percent of the building to house their offices and employees. Discussion was held regarding the need for expansion of space in many of the County Departments. Further discussion was held.
The Board stated that if the building was rented in total by the HRS, it would be with the understanding that they would be responsible for utility bills, janitorial services, minor repairs to the building, etc. Mr. Watkins stated that to the best of his knowledge, the HRS was aware of this responsibility, but would expect the County to make minor renovations in the building to suit their needs. Discussion was held regarding the percentage of renovation that could be done without having to bring the building up to present building code standards.
At this time, Mrs. Knowles, Regional Supervisor of the HRS, appeared before the Board and stated that the State Agencies are not allowed to rent unusable space. Commr. Deems stated that it would be necessary to find out the amount of square footage available in this Courthouse that could be used by HRS, the renovations that would be necessary in order for this building to meet the needs of HRS, and the amount of rent which the State is willing to pay for this building. Mrs. Knowles stated that representatives from the main office in Gainesville were arriving in Tavares on Monday, November 15, 1976 and suggested a meeting be arranged at this time for the Clerk, County Attorney, and Commr. Hoskinson to meet with them to discuss this matter. The Board, therefore, established a meeting for this purpose between HRS and the Courthouse Committee for Monday, November 15, 1976 at 10:30 a.m.
Mr. Ford, County Attorney, suggested that the Clerk write to all Constitutional Officers and County Department Heads who are not designated to move into the new Courthouse, and request that they determine how much expansion room they will need within the next 5, 10, and 15 years. Discussion was held. The Board decided that before such a letter was sent it would like to know exactly what figures are being discussed with relation to the HRS renting the entire building.
At this time the Board also requested that the County Attorney review the restrictions that were placed on the property involving the Courthouse and the need to keep a designated Courtroom in the old Courthouse.
communications
Commr. Windram presented to the Board a letter from the University of Florida, College of Business Administration, Bureau of Economic and Business Research, Division of Population Studies, regarding the estimated population figure for Lake County, which is 87,157. It was requested that if the Board agreed with the estimated figure it be signed and returned to the university by November 26, 1976. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board agreed with the estimated population of Lake County as indicated and authorized the Chairman to sign and return the forms as requested.
accounts allowed
Commr. Windram presented to the Board a request from Bill Hennessey, Director of Pollution Control, for permission to purchase a new vehicle. Discussion was held. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board directed that the Purchasing Department “shop” the purchase of this vehicle with the trade-in of the 1971 Matador Sedan, County Number 5048, that there be an understanding by the dealer submitting the quotation that there by one week delivery date and that the final purchase of this vehicle is to be approved by the Liaison Commissioner for the Pollution Control Department. The Board also approved to allow Key Scales Ford to participate in quotations on County Vehicles.
On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved travel for Fred Bollenberg to attend a meeting in Tallahassee concerning Veterans Legislation November 17-18, 1976.
audits
The Clerk reported to the Board that the tentative audit for the County had been received and requested that the Board refer this to the Chairman, Clerk, and County Attorney in order that the answers to the audit may be written and presented to the Board for approval. On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved the above request.
bonds
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the Bonds for Joan Brown and Charles Beals as members of the Lake County School Board.
road closing
Mr. Ford presented to the Board a letter from Mr. Vason, Attorney, regarding the road closing of Sylvan Lake Drive in Dona Vista. According to his letter, the Board approved for the road to be closed and informed the parties involved that they could erect barricades in the proper location to prevent persons from using this road; however, obstructions have been placed on a portion of the road that was not closed and therefore prevents traffic on a certain portion of public roads. Mr. Ford suggested that this be referred to the County Engineer and that after he reviews the matter and it is determined that the allocations are correct, the Public Works Department should inform the residents who erected the barricade that it must be removed and relocated in the proper place or petition the additional portion of the road to be closed. This met with the approval of the Board.
reports
Mrs. Mary Hamner, Supervisor of the Lake County Nursing Home, appeared before the Board and stated that she had received a cost report for the Nursing Home from Jacksonville which must be completed by a Certified Public Accountant and returned to Jacksonville as soon as possible. The Board requested that Mr. Ford, County Attorney, review these documents and determine if these forms have to be completed by a CPA or if they could be done by the County Finance Department.
bonds
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request of Mr. Charles Walker to live in a mobile home on the same piece of property on which his conventional dwelling is being built subject to the proper bond being posted and with the understanding that the mobile home will be removed immediately upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request of Mr. Paul Tucker for renewal of his mobile home bond subject to the required $5,000 bond being renewed and with the understanding that the mobile home will be removed immediately upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners.
roads – county
Mr. Andrew, County Engineer, appeared before the Board and stated that the County had received the funds to pave roads in the Bassville Park area under the Community Development Grant; however, there was a requirement that a Public Hearing be held on the environmental impact of the program and, therefore, requested the Board approve to hold a public hearing on this matter at its next regular meeting of November 16, 1976. Mr. Andrew stated that because of the deadline which must be met, the proper authorities have waived the requirement that the advertisement be published no later than 15 days before the public hearing. On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board established Tuesday, November 16, 1976 at 1:30 p.m. as the time and date for the above-mentioned public hearing.
maps and plats
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the Plat of Rambling Hills Subdivision upon the recommendation of the County Engineer.
contracts and agreements
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the Escrow Agreement of Lakeview Acres and authorized the Chairman to sign same subject to the Finance Department cashing the check and setting up an Escrow Account in the name of the Board of County Commissioners.
public health
Discussion was held regarding the bills that have been received from the Medical Examiner. The Board asked if it was still necessary to consider construction of a County Morgue. Commr. Deems reported that autopsies are no longer being conducted at the Leesburg General Hospital but are being done at a funeral home in the County. No action was taken. Mr. Ford stated that he would prepare a chart showing the increase and/or decrease in the number of autopsies being performed in the County under the new bill paying procedure which has been arranged between Dr. Shutze and Lake County.
outdoor recreational facilities
Mr. Ed Zagar of the Game and Fresh Water Fish Commission, appeared before the Board to request approval to purchase with funds from the Fishermen’s Surcharge Funds an automatic Fish Feeder for Lake Yale at an approximate cost of $400 and brush salvage material for brush pile fish attractors at an approximate cost of $1,100. He stated that this request is endorsed by the Lake Improvement Association, Inc. Discussion was held. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the above request was approved.
appropriations
Commr. Hoskinson discussed with the Board the meals on wheels program. He stated that several citizens in the County are in need of this service, but because the program is not supplemented by the County, the service cannot be extended to those persons living outside the corporate limits of a city. Discussion was held. Commr. Windram stated that he understood the LCAA had just received a substantial grant from the government and did not feel that their services could be restricted to only those persons who live within the city limits of a particular municipality. Further discussion was held.
It was the feeling of the Board that it did not wish to become involved in supplementing the Meals on Wheels Program which is being operated by the LCAA, but informed Commr. Hoskinson that if he felt certain citizens in the County were in need of this service, it would be willing to have the County Welfare Department contract the services of a company to deliver one hot meal a day to those citizens in question.
budgets
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the Supplemental Budget for the Section 8 Fund.
accounts allowed
On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried unanimously, the Board approved the transfer of $1,763.99 from Contingency in the General Revenue to #5347000 “Aging and Adult Services.”
accounts alllowed
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved payment of the Architect’s bill in the amount of $4,801.27, which is in accordance with their contract.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved payment of the bill to P & C Thompson Brothers, General Contractor, in the amount of $184,551.75, which is in accordance with their contract.
recess and reassembly
At 12:00 Noon the 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.
machinery and equipment
It was presented to the Board that the Lake Correctional Institution would like the use of a County Dragline for some work that needs to be done on its property. The Board did not take any action on this matter until the County Engineer was present.
road closing
At 1:45 p.m. the Board postponed consideration of the Road Closing of DR 1-7917 until 2:30 p.m.
zoning
zoning violation 76-120 – bruce porter
No one appeared before the Board regarding this case. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board dismissed this case because Mr. Porter had come into compliance.
zoning violation 76-126 – lee white
Mr. White appeared before the Board regarding this case. He stated that he was unaware that he had a limited amount of time in which to begin construction of his home and call for the first inspection. He stated that he was prepared to obtain a valid building permit and begin construction on his home. On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the Board postponed this case for 30 days.
zoning violation 76-127 – james lee
No one appeared before the Board regarding this case. On a motion by Commr. Carson, seconded by Commr. Deems, the Board found Mr. Lee in violation, declared the violation a public nuisance, and gave him 30 days to comply with Ordinance 1970-1.
zoning violation 76-132 – william duss
No one appeared before the Board regarding this case. On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board found Mr. Duss in violation, declared the violation a public nuisance, and gave him 30 days to comply with Ordinance 1970-6.
zoning violation 76-138 – w.h. vernor, inc.
No one appeared before the Board regarding this case. Mr. Willett stated that according to the official records, the above violator sold land to an individual to which he had no valid title. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, this matter was referred to the County Attorney for appropriate action because the land sold was a public park.
county employees
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved the employment of a matron for the Courthouse at a salary of $2.20 an hour effective immediately.
machinery and equipment
Mr. Andrew appeared before the Board and stated that he had received a request from Red Hewlett from the Lake Correction Institution regarding the use of a County Dragline at LCI. He informed the Board that according to Mr. Hewlett, it would be for about one month. Discussion was held. It was determined by the Board that it did not have the manpower nor the equipment available to do the work as requested. It was discussed that LCI is draining a marsh or small lake, and the Board directed Mr. Andrew to inform Mr. Hennessey, Pollution Control Director, about the matter so that he may investigate the situation if necessary.
county employees
Mr. Watkins brought to the attention of the Board that Wayne Reed, Courthouse Maintenance man, had submitted his resignation due to the fact that he was going to accept a position in Missouri at a higher salary because it was difficult for him to support his family on his present salary. Mr. Watkins stated that Mr. Reed was performing his duties well and would hate to lose him if something could be done to adjust his salary.
Mr. Watkins stated that Mr. Reed is a CETA employee at the present time. Discussion was held. On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board directed Mr. Watkins to confer with Mr. Porter as to what, if anything, could be done about this position without hurting Lake County’s Labor Negotiation position and requested that he report back to the Board with a recommendation next week for formal action.
road closing
At 2:30 p.m. the Chairman announced that the time had arrived for the Board to consider the closing of DR 1-7917. Mr. Ford stated that the offices of Taylor and Keedy had caught on fire November 8, 1976 and therefore suggested that the road closing be postponed. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board postponed consideration of the above-mentioned road closing until November 16, 1976 at 9:10 a.m. The Board requested the Clerk to notify Mr. Taylor of the postponement.
recess and reassembly
At 2:35 p.m. the Chairman announced that there would be a 30-minute recess. The Board reconvened at 3:15 p.m.
municipalities
John Cain, representative from the City of Mount Dora, appeared before the Board and presented a letter from the City of Mount Dora requesting the County not charge the cities of Eustis, Tavares, and Mount Dora in the 1976-1977 Fiscal Year for dumping its garbage into the County Landfills due to the contribution they made in earlier years in providing property for landfills for County use.
Discussion was held regarding the land that the City of Leesburg has provided for its landfill needs, and it was expressed that if the City of Leesburg closed its landfill and began to use the County Landfill, the volume of garbage would be so large that it would develop into an impossible situation. The Board stated that if it did not charge the Tri Cities, it should not charge anyone, and this was not feasible. Further discussion was held.
Commr. Deems brought to the attention of those present that the regulations pertaining to the operation of a Landfill have become very strict, and the cost for disposing of garbage is costly, whereas when the Tri City landfill was in operation it was permissible to burn about 50 percent of the garbage, but at this time such a practice is prohibited by the Department of Environmental Regulations.
Commr. Windram reminded those present that when the Tri City Landfill was in operation, the high ground was used first with plans to work toward the low, wet land; however, regulations were passed that prevented use of the lowland.
At this time, Mr. Ford, County Attorney, presented three contracts signed by the City of Mount Dora, Eustis and Tavares in 1972 regarding the Tri City landfill, which states that they agreed to pay such charges as deemed necessary by the County for the landfill after one year.
Commr. Windram stated that the County has established an agreement with the City of Umatilla where the City provides land to be used as a landfill, and the value of the land is computed and credited to the City of Umatilla as payment for the use of the landfill. This type of agreement is good for as long as the land is usable, but when the location can no longer be used as a landfill and must be closed, the City of Umatilla will then be charged for dumping in the County Landfills. Commr. Windram stated that the County would arrange to have a representative from the Department of Environmental Regulations come to review the Tri City Landfill site to determine if there is usable land still left. If there is, the County would be willing to work out a similar agreement with the Tri Cities as it did with the City of Umatilla. The representatives from the City seemed agreeable to have the DER review the land.
Discussion was held on the disposition of the request made by the Tri Cities that they not be subject to the charges at the County Landfills for the 1976-77 Fiscal Year.
On a motion by Commr. Deems, seconded by Commr. Carson and carried, the request as submitted by the Tri Cities was denied. Commr. Hoskinson and Commr. Burhans voted “no.”
public health/reports
Mr. Ford, County Attorney, stated that he had reviewed the State Statute regarding the completion of the cost report for the Lake County Nursing Home. He stated that in his opinion the law is very clear, and a Certified Public Accountant will have to complete a portion of the form report. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Clerk was instructed to select a CPA to complete the required cost report for the Lake County Nursing Home.
There being no further business to be brought before the Board, the meeting was adjourned at 4:30 p.m.
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thomas j. windram, chairman
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James C. Watkins, Clerk