A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
july 5, 1977
The Lake County Board of County Commissioners convened in regular session on Tuesday, July 5, 1977, at 9:00 A.M., in the Board of County Commissioners’ Room, Fifth Floor, Courthouse, Tavares, Florida. Present were: C.A. “Lex” Deems, Chairman; Thomas J. Windram, James R. Carson, Jr., J.M. Hoskinson, and Glenn C. Burhans.
The Invocation was given by James R. Carson, Jr. who also led the Pledge of Allegiance to the Flag.
roads-county/resolutions
Commr. Deems informed the Board that last week the DOT hand-delivered a letter, to him, at the Courthouse stating that the legislature placed with the county the responsibility for administration of all the Second Gas tax money; including the 80% formerly administered by the DOT. The DOT needs a resolution from the County stating that the County wants the DOT to continue with its work of “letting” of the Contract for the work that is slated to be done on Dixie Avenue in Leesburg and Donnelly Street in Mount Dora.
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board adopted a resolution formally requesting the DOT to proceed with the “letting” of the above-mentioned contracts.
Commr. Deems also presented to the Board a letter from the DOT informing Lake County that it has completed its study regarding the need for a signal at 466A and 468 and that it has determined that there is no need for such a signal at this location. The letter also stated that a resolution would be needed from the Board if it wished to drop this from the Five Year Road Program.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved for the above project to be deleted from the Five Year Road Program.
The Board requested the Clerk to inform Fruitland Park of the Board’s action.
meetings
Mr. Ed. Havill, Lake County Property Appraiser, appeared before the Board and informed the Board that the reassessment notices were mailed last Wednesday. At this time he discussed when the Property Appraisal Adjustment Board would meet. Discussion was held. It was determined that the Property Appraisal Adjustment Board would meet on Monday, August 1, 1977, at 9:00 A.M.
status of women/appointments
Commr. Deems presented to the Board a letter from Mrs. Andrea Willett, from the League of Women Voters, regarding the request of the Committee on the Status of Women for financial support from the County. Commr. Deems referred this letter to Commr. Hoskinson and directed that he contact Mrs. Willett and discuss this matter with her.
communications
Commr. Deems presented to the Board a letter form Mr. W.C. Lutovsky of Melbourne, Florida, regarding some major construction work that needs to be done at the Apopka Lock and Spillway that will need a great deal of marl and clay. The letter requested that he be able to obtain this material as needed at a price of 47.5¢ which was quoted to him. The Board requested that this letter be referred to Bob Andrew and that he report to the Board on this matter by July 12, 1977.
accounts allowed/machinery and equipment
Mr. Knuckles, Director of Purchasing, appeared before the Board and requested permission to purchase dictating equipment for Judge Daniels at a cost of $1,277.80.
Commr. Deems stated that if new equipment is being purchased for this suite he would like made available to the Commissioners’ Offices the old equipment that was used by Judge McCormick.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the above purchase of dictating equipment as recommended by the Purchasing Agent at a cost of $1,277.80.
Mr. Knuckles also requested approval for the purchase of two (2) transcribing units plus one (1) portable unit for dictating, for use at the Agricultural Center. Discussion was held.
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board approved the above purchase at a cost of $644.50 provided it was a budgeted item.
contracts and agreements
Commr. Deems discussed with the Board a matter concerning the Contract between Lake County and Jack Kirkpatrick pertaining to the fee paid to him for the delivery of gasoline on behalf of the County. He stated that according to the information received Mr. Kirkpatrick has been promised an increase in his fee for the delivery of gasoline; however, this additional charge has never been approved by the Board.
Mr. Ford stated that he would like to investigate the matter before the Board took action on the situation. This was referred to Mr. Ford, County Attorney, at his request.
meetings/courthouse
Commr. Hoskinson stated that he had been contacted by Mr. Thomas Holmes of the Fireman’s Association requesting permission to use the Courthouse as a meeting place for its monthly meetings. Commr. Hoskinson suggested that the Fourth Floor Courtroom in the Old Courthouse be made available to them on the first and second Thursday of the month at 7:30 P.M.
On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved for the Firemen’s Association and the Fire Chief’s Association to use the Fourth Floor Courtroom in the Old Lake County Courthouse on the first and second Tuesday of each month as requested and recommended by Commr. Hoskinson.
The Clerk was requested to confirm the above action, in writing, and forward same to the Firemen’s Association.
roads – subdivision
At 10:00 A.M. the Chairman announced that it was time for the Board to consider the Preliminary Assessment Roll for the improvements on Lake Eustis Drive in the Sunny Dell Park Subdivision which had been postponed to this date from June 21, 1977.
Mr. Peterson, Resident on Lake Eustis Drive, stated that the assessment levied against Mr. Merrill’s property may be in error because he only has 80 feet of road frontage and therefore his assessment should not be the same as those with 100 feet of road frontage. Mr. Ford stated that he would phone his office and look into the matter. He suggested that this hearing be postponed for about 10 minutes.
The Chairman postponed this public hearing until 10:15 A.M.
municipalities
Commr. Windram presented to the Board a letter from the City of Mount Dora regarding a piece of property that was in the County and was annexed into the City of Mount Dora on June 14, 1977. Mr. John Cain, Building Official of Mount Dora, appeared before the Board and stated that a potential buyer of the property is requesting the County for a CUP on the property recently annexed into the City of Mount Dora and Mr. Cain requested guidance as to the procedure which must be taken with rezoning the property now that it is annexed into the City.
Mr. Ford, County Attorney, stated that when a piece of property that used to be in the County is annexed into a particular municipality, that municipality may not independently change the zoning on this property for two years unless it receives formal approval by the Board of County Commissioners by following the procedure in Florida Statute 171.062 (2) (1974). Mr. Cain requested the Board confirm this in writing. At this time the Clerk was directed to give to the City of Mount Dora, in writing, the procedure as stated above.
courthouse/county property
Commr. Hoskinson stated that the third floor Courtroom in the Old Courthouse is going t be remodeled into office space for the Department of Health and Rehabilitative Services. He stated that the benches now in the Courthouse would have to be removed and suggested that they be sold.
Discussion was held on the fact that they are antiques and of a very fine wood grain and should not be sold as junk.
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board declared the benches in the third floor Courtroom in the Old Courthouse as surplus and authorized that they be sold to the highest and best bidder either individually or as a lot. It was suggested that this be done by sealed bids and that the time and date for accepting the bids shall be determined by the Clerk.
The Board requested the Clerk to notify Gary Knuckles, Purchasing Director, of the above action.
insurance/accounts allowed
Mr. Watkins presented to the Board a bill from Simpson-Waite, Insurance Agency, in the amount of $4,088 which represents the increased premium for the endorsement of the New Lake County Courthouse and its contents onto the County Building Insurance Policy.
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved the payment of the above increased premium for the reasons stated above.
Mr. Watkins presented to the Board a bill from the City of Tavares in the amount of $691.60 for sewer hook-up to various properties belonging to Lake County. The Board took no action on this until Mr. Andrew confirmed that this property belonged to Lake County.
bonds
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the following Contractor Bonds were approved:
1545-77 Kenneth R. Huchingson (General Contractor)
1546-77 Preston Morgan (Residential Contractor)
1547-77 Charles Oliver Comstock, Jr. (Heating & Air Conditioning)
1548-77 John G. Dempsey (Building Contractor)
licenses and permits
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved the following Firearm permits:
Grafton W. Layne John G. Lieske William S. Oates
Robert E. Shiffer George J. Weilant Dorothea A. Woodall
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved the following $500 firearm bonds:
Francis J. Barrett Arthur H. Bourlay, III Sgt. R.A. Clarke
Palmer Conner William T. Daley Horace E. Jones
Hortensia R. Hall George L. Hawkins Daniel A. McClellan, Jr.
Antonino Teri Herbert I. Wilkes
accounts allowed
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved payment of the bill from P & C Thompson Brothers in the amount of $51,887.50.
ordinances
On a motion by Commr. Burhans, seconded by Commr. Windram and carried, the Board approved for an Ordinance Amending the Zoning Rules and Regulations in the Agricultural Zone to be advertised for August 2, 1977 at 11:00 A.M.
Commr. Carson was absent for the vote.
accounts allowed/transfers
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the transfer of $10,000 from the Sheriff’s Contingency to “Expenses other than Salaries” so that the Air Conditioner in the Jail could be repaired. This transfer is being made at the request of the Sheriff.
report
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board accepted the monthly report from Youth Programs, Inc.
accounts allowed
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved the payment to Jones and Dickerson, Architects, in the amount of $1,124.19.
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved payment of the following vouchers:
General Revenue 2363 - 2456 Fine & Forfeiture 376 - 401
Roads & Bridges 819 - 849 Auto Inspection 174 – 180
Section 8 68 – 75 NE L.C. Ambulance Dist. 11
NW L.C. Ambulance Dist. 5 NE Hospital Dist. 12 – 13
CETA – Title VI 67 CETA Title II 31
DWI 25 COR – County Bridges 67 – 72
appointments
Commr. Deems requested if there was any board members who would like to volunteer to serve on the Property Appraisal Adjustment Board. Commr. Deems, Commr. Windram, and Commr. Burhans volunteered to serve on the Property Appraisal Adjustment Board.
county employees
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the employment of Janice Miller to fill the position of Lake County Extension Home Economist Agent at a salary of $17,400 effective August 5, 1977.
accounts allowed
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board approved travel for Commr. Hoskinson to attend the NACO Conference in Detroit during the month of July. At this time Mr. Watkins informed the Board that he too would be attending this meeting but that the cost of his travel would be taken from his budget.
county employees
Mr. Porter reported to the Board that the County Employees had voted out, on June 30, 1977, union representation. However, Mr. Porter advised the Board that no action be taken in adjustment of salaries or establishing any organization until after Thursday, because that is the deadline for the Union to protest the election.
appropriations
Mr. Porter reported to the Board that the CETA Department is in need of desks to accommodate CETA workers which they have presently working off of a folding table. He stated that these expenses may be taken from the CETA Administration funds.
At this time he explained to the Board that the County may purchase all necessary items for the operation of the CETA Program and Lease it to the Federal Government. The Board requested Mr. Porter to compile a list of items that are needed to operate the CETA Program and present it to the Board for its review.
roads-subdivision
At 11:00 A.M. the Board returned to the approval of the Preliminary Assessment Roll for the work being done on Lake Eustis Drive. Mr. Ford stated that two of the assessments are in error and need to be changed because the front footage is less than 100 feet and should not be the same as those individuals owning 100 feet or more. Mr. Ford stated that this should have been found and the funds needed to make up the entire cost of the road should be spread among everyone in the Subdivision. Mr. Peterson, a resident in the Subdivision, stated that he believed the cost had been spread among everyone in the Subdivision. Due to the fact that the County Engineer was out of town this could not be confirmed by his department.
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the Preliminary Assessment Roll for Lake Eustis Drive in Sunny Dell Park Subdivision as amended.
district iii mental health
Mr. Donald Walsh, Executive Director of the District III Mental Health Board, appeared before the Board to request financial support from Lake County in the amount of $5,888. He stated that this represents Lake County’s Share in this Mental Health Board Budget according to population.
Mr. Hargrove, Comptroller for the Lake/Sumter Mental Health Clinic appeared before the Board and stated that it had requested support from Lake County for its operation in the amount of $78,000.
Discussion was held regarding whether or not this was mandated or if the County would be able to evaluate the operation and determine how much financial support it would contribute to the operation of these organizations.
Mr. Walsh stated that there was a complete breakdown of budgetary needs in the Plan which was approved by the Board approximately two weeks ago.
Discussion was held. No formal action was taken on the request for funds from Lake County for its share of cost in the support of the District III Mental Health Board.
courthouse
Commr. Hoskinson presented to the Board the proposed utilization of space in the Old Courthouse. Discussion was held. Commr. Hoskinson stated that he should establish a timetable for the move in order that the landlords from whom we are presently renting space may be informed as to the exact date we plan to vacate the offices now being rented.
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved the concept of the utilization of space in the Old Courthouse as presented.
animals
Commr. Hoskinson presented to the Board a letter from the Friends of the Animal Shelter notifying the Board of the services rendered to Lake County free of charge in the building of the cat wing at the Animal Shelter.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board requested the Clerk write to each individual listed in the letter and extend to them the Board’s gratitude for their assistance in the construction of a cat wing at the Animal Shelter.
courthouse
At this time Commr. Deems informed the Board that he had been approached by Judge Booth regarding parking spaces at the new Courthouse. Commr. Deems stated that after discussion it was determined that the five judges would be designated reserved parking places, as well as all constitutional officers, and has so ordered that these parking places be designated with reserved signs.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried, the Board concurred with the decision made by the Chairman regarding reserved parking spaces at the new Lake County Courthouse.
Commr. Hoskinson voted “no.”
recess and reassembly
At 12:00 Noon the Chairman announced that the Board would adjourn for lunch at the Park Grill in Tavares. The public and press were invited on a dutch treat basis.
planning and zoning
Mr. Willett, Director of Planning, appeared before the Board and stated that there had to be regulation governing Airport Zoning by October 1, 1977. Discussion was held. Mr. Willett stated that there should be an Airport Zoning Board; however, no action was taken at this time to establish such a Board.
grants
Mr. Willett reported to the Board that he had received confirmation from HUD that Lake County would receive $220,000 for the Southeast Umatilla Block Grant and requested the Chairman’s signature on the necessary forms accepting this grant money.
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried, the Board authorized the Chairman to sign the necessary forms accepting the above-mentioned grant monies. Commr. Burhans was absent for the vote.
appointments/libraries
Commr. Hoskinson stated that he had someone in mind who he would like to appoint to the Library Task Force. Commr. Carson stated that he was planning to meet with Mr. Willett within the week to discuss this Library Task Force and requested that all names be presented to Mr. Willett and that a list of names will be presented to the Board for formal appointment to the Library Task Force.
meetings
At this time the Board discussed establishing budget hearings for the coming week. It was determined that the Board would meet in budgetary session on Wednesday, July 6, 1977; Friday, July 8, 1977, and Wednesday, July 13, 1977, beginning at 9:00 A.M. in the Clerk’s Conference Room.
contracts and agreements
Mr. Ford, County Attorney, informed the Board that he had reviewed the Lease between Lake County and the Department of Health and Rehabilitative Services regarding the rental of space in the Old Courthouse. He stated that he would recommend the addition of “the third and fifth floor and part of the fourth floor”…because the way the lease now reads it sounds like HRS is renting the entire building which, of course, they are not.
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the lease as amended and instructed the Chairman to sign same.
Discussion was held on the use of the power file in the Old Courthouse by the Department of Health and Rehabilitative Services. Mr. Ford stated that if Mrs. Knowles would acknowledge, in writing, that her department plans to use the file and maintain it he felt that this would be sufficient. Discussion was held. Mr. Ford stated that he would draw up a small contract for the rental of the power file at a nominal cost by HRS and have all parties involved execute the contract.
funds-transfer
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved the following transfers:
general revenue fund
Personnel
1. Transfer $2,617.70 from “Contingency” to Acct #2552402 “Equipment.” Reason to cover cost of Nova car they received from Building Department.
County Service Officer
1. Transfer $150.00 from Acct #2991328 “Travel” to Acct #2991205 “Office Supplies & Expenses.” Reason: Overexpended
Mosquito Control
1. Transfer the following from Acct #4212206-3 “Insecticides, Pesticides and Herbicides”:
a. $200.00 to Acct #4212335-3 “Communication Costs.” Reason: Not sufficient funds for balance of year.
b. $100.00 to Acct #4212103-3 “Personal Services.” Reason: to pay replacement for Margaret Gebhart during her vacation.
Building Department
1. Transfer $500.00 from “Contingency” to Acct #3440402 “Equipment.” Reason: To help cover cost of new Chevrolet.
Animal Shelter
1. Transfer the following from Acct #5106210 “Household & Kitchen Supplies.” Reason: Items overexpended.
a. $667.01 to Acct #5106337 “Maintenance of Buildings.”
b. $116.61 to Acct #5106402 “Equipment.”
Homes for Infirm
1. Transfer the following from “Contingency:”
a. $475.00 to Acct #5223335 “Telephone.” Reason: Overexpended.
b. $3,000.00 to Acct #5223337-1 “Maintenance of Buildings.” Reason: Overexpended due to recent major repairs.
Soil Conservation
1. Transfer $118.10 from Acct #6303205 “Office Supplies & Expenses.” Reason: Overexpended (See attached request).
Water Pollution Control
1. Transfer $200.00 from Acct #6305328 “Travel Expense” to Acct #6305204 “Supplies not otherwise Specified.” Reason: Overexpended (See attached request).
Recoverable Expenditures
1. Transfer $4,300.00 from “Contingency” to above Acct #9102604. Reason: Overexpended.
Welfare Administration
1. Transfer the following amounts to Acct #5220337-1 “Maintenance of Building.” Reason: Air Conditioner needs repairing.
a. $328.00 from Acct #5220328 “Travel Expense”
b. $100.00 from Acct #5220337-2 “Maintenance of Grounds”
c. $81.50 from Acct #5220338 “Maintenance of Equipment”
Agriculture Department
1. Transfer the following from Acct #6302102-5 “Salary Home Demonstration Agent.” Reason: (See attached letter).
a. $600.00 to Acct #6302335 “Telephone”
b. $1,300.00 to Acct #6302340 “Utilities”
Fine & Forfeiture Fund
1. Transfer $1,000.00 from “Contingency” to Acct #2101603 “Refunds” Reason: Overexpended
2. Transfer $400.00 from Acct #2332205 “Office Supplies & Expenses States Attorney” to Acct #2332340 “Utilities States Attorney” Reason: Overexpended.
DWI School Fund
1. Transfer $200.00 from Acct #3993328 “Travel Expense” to Acct #3993205 “Office Supplies & Expenses.” Reason: Overexpended.
Road & Bridge Fund
1. Transfer from “Contingency” the following:
a. $1,000.00 to Acct #4102330 “Insurance”
b. $500.00 to Acct #4102334 “Commission Fees & Costs”
c. $2,000.00 to Acct #4102341 “Utilities”
d. $82,000.00 to Acct #4102403 “Land”
Reason: (See attached letter)
suits affecting the county
Mr. Ford informed the Board that the County was preparing to go into court next week regarding Hull Road. However, he stated that his office found out that the County Engineer is opposed to the construction of this road and advised the Board that if the County’s experts are against the building of this road and then the County should abandon the cause. Discussion was held. The Board stated that it would like to know Mr. Andrew’s reasons for opposing the road when he returned to town next week.
insurance
Mr. Ford reported to the Board on the last legislative session and informed the Board that according to the State Legislature the County, if sued, can only be held responsible in amounts of $50,000 and $100,000 and that it is not necessary for the County to cover itself for more than it is liable.
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board directed the Clerk to contact our insurance carriers and request that they alter the County’s Coverage to 50/100 which is the State maximum for County liability.
status of women
Mr. Ford stated that he was prepared to give the Board his opinion on its ability to fund the Committee on the Status of Women. According to an Attorney General Opinion the Board could finance this organization because it was created by the County Commission; however, it is not obligated to do so. Mr. Ford felt that it would be a policy decision on the part of the Board whether it would begin to fund such organizations that are established by the Board. No formal action was taken at this time.
insurance
Mr. Watkins presented to the Board a note from R.B. Jones Insurance Agency stating that coverage for the nursing home was available at a cost of $1,367. Mr. Watkins informed the Board that it had taken action to place the Nursing Home Insurance Coverage with Lassiter-Ware at a cost of $6,900. He stated that the matter had been investigated and that the coverage available at $1,367 did not meet County specifications.
county employee
Mr. Robert Lewis, County Employee, appeared before the Board and stated that since the employees had elected not to be represented by a union he would like communication established between the County Employees and the Board of County Commissioners by the organization of an Employee’s Organization.
Commr. Windram stated that the deadline had not yet expired by which the Union could protest the election or accuse the County of unfair labor practices and felt that matters of this type should not be discussed until that deadline had expired.
budgets
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board authorized the Chairman to sign the Tentative Mosquito Control Budget as presented by the Finance Department.
adjournment
There being no further business to be brought before the Board the meeting adjourned at 2:46 p.m.
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C.A. “Lex” Deems, Chairman
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James C. Watkins, Clerk