A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
JULY 12, 1977
The Lake County Board of County Commissioners convened in regular session on Tuesday, July 12, 1977, at 9:00 a.m., in the Board of County Commissioners’ Room, Courthouse, Tavares, Florida. Present were: C.A. “Lex” Deems, Chairman; James R. Carson, Jr., Thomas J. Windram; J. M. Hoskinson and Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; Andrea Gambrell, and Jennifer Kennedy, Deputy Clerks.
The Invocation was given by James C. Watkins, Clerk, and the Pledge of Allegiance was led by James R. Carson, Jr.
outdoor recreational facilities/accounts allowed
Commr. Deems presented to the Board a letter from C. E. Heppberger, President of the Lake Improvement Association requesting the Board approve its desire to use $864.86 from the Fish Conservation Fund for the purchase of tagging supplies for tagging bass fingerlings.
On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board approved the above-mentioned monies to be taken from the Fish Conservation Fund for the purchase of tagging supplies.
minutes
On a motion by Commr. Hoskinson seconded by Commr. Carson and carried unanimously, the Board approved the revised portion of the minutes of April 12, 1977 which they requested be reviewed and amended by Commr. Hoskinson and Mr. Willett before being approved by the Board because it dealt with the Green Swamp Area of State Critical Concern.
communications
Commr. Deems presented to the Board a letter from the Forestry Service informing the Board that it is holding a meeting in Tallahassee on August 5, 1977, pertaining to obtaining an inventory of roads in forests.
appointments
On a motion by Commr. Carson seconded by Commr. Hoskinson and carried unanimously, the Board reconfirmed the appointment of Commr. Hoskinson, Mr. Willett, Mr. Andrew and Mr. Hennessey, to serve as Lake County’s representatives on the 208 Areawide Planning Advisory Committee.
communications
Commr. Deems presented to the Board a letter from Mr. L. David to the Prudential Insurance Company objecting to the manner in which his insurance policy has been handled.
county property
Commr. Burhans stated that the Methodist Church in Paisley may be interested in the benches which are planned to be sold by the County that are now in the third floor Courtroom and the old Board of County Commissioners’ Meeting Room.
Commr. Hoskinson informed the Board that he has spoken with Mr. Knuckles, Purchasing Director, regarding the manner in which these benches would be disposed of and assured the Board that he would work with Mr. Knuckles to insure that the best possible price was obtained for these solid wood benches that have antique value to them.
roads-county
Commr. Windram informed the Board that he was notified of a problem pertaining to the drainage of water on Seminole Drive in Eustis. He stated that water is running into the homes of citizens due to the drainage problem and instructed the Engineering Department to construct a berm in the problem area to help the residents with the problem they are facing with water coming into their homes during a heavy rainfall. Commr. Windram notified the Board as a matter for their information.
accounts allowed
On a motion by Commr. Windram seconded by Commr. Hoskinson and carried unanimously, the Board approved for Terri King, Secretary to the Personnel Director, to obtain a Notary Seal and that her bond of $35 be paid for by the County.
licenses and permits
On a motion by Commr. Hoskinson seconded by Commr. Windram and carried, the Board approved the following Utilization and Driveway Permits.
Commr. Carson abstained from the vote because he is a member on the Board of Directors of the Florida Telephone Corporation.
permit no. petitioner purpose road
916 Florida Telephone Corp. Buried and Aerial Cable S-468
937 Florida Telephone Corp. Buried Cable 1-8010
938 Florida Telephone Corp. Buried Cable 5-6034
939 Florida Telephone Corp. Buried Cable S-452
940 Florida Telephone Corp. Buried Cable 2-2605
941 Florida Telephone Corp. Buried Cable 2-2503
942 Florida Telephone Corp. Buried Cable 5-8187
943 Florida Telephone Corp. Buried Cable 2-5108
945 Florida Telephone Corp. Aerial Cable 4-4485
946 Florida Telephone Corp. Aerial Cable 3-3637
2-331 Wilmore Carlson Irrigation Line 3-3342
1-332 Sumter Electric Co-op. Distribution Line 2-1317
1-333 City of Leesburg Aerial Line 1-5433
driveway permits
2-330 Orange Co of Florida, Inc. S-565
4-331 George R. Brodie S-439
1-332 Robert J. Dodson, Sr. S-473
roads-subdivision
Mr. Andrew, County Engineer, discussed with the Board the possibility of placing a weight restriction on those roads in Bassville Park which were recently constructed under the Community Development Block Grant for this area. On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board adopted a resolution limiting the weight on those roads recently paved in Bassville Park through the Community Development Block Grant to 40,000 gross pounds.
roads-county
Mr. Andrew discussed with the Board the resurfacing of certain double-surfaced treated roads in the maintenance system. Discussion was held. The Board suggested that he compile a list of specific roads and present it to the Board for its review and discussion.
deeds
Mr. Andrew presented to the Board the release of Murphy Act Deed #246. He stated that this was located within the boundaries of the City of Leesburg and the City of Leesburg would like to retain 50 feet of right of way. On a motion by Commr. Carson seconded by Commr. Hoskinson and carried unanimously, the Board approved the release of Murphy Act Deed #246 with the retention of 50 feet for right of way as requested by the City of Leesburg.
resolutions
On a motion by Commr. Carson seconded by Commr. Hoskinson, and carried unanimously, the Board adopted a Resolution authorizing the Department of Transportation to use the 5th and 6th cent gas tax money for the installation of a light at Oak Park Elementary School, with the understanding that the City of Leesburg will maintain the light.
county material
Bob Andrew, County Engineer, presented to the Board of County Commissioners a request from Mr. Luftosky, affiliated with the Apopka Spillway, stating that they would like to buy clay from the County. Bob Andrew stated that we do sell clay to governmental agencies at $.475 per cubic yard; and that he would recommend that the same procedure be followed with the understanding that we would load the clay and they would unload.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the request of the County Engineer to sell clay to the Apopka Spillway.
deeds/suits affecting the county
Bob Andrew asked if the Board would like to talk with him regarding the matter of Hull Road. Commr. Carson stated that since the County had a different opinion than the County Engineer he felt it definitely should be discussed. Discussion followed in which Bob Andrew voiced his objection to the construction of this road. The Board reminded Mr. Ford that several residents on Hull Road gave Lake County deeds to land for the purpose of building the road and asked how this land was going to be given back to those persons.
Mr. Ford stated that he would like to look into the matter and that possibly the Board could issue Quit Claim Deeds to the land involved. Mr. Ford stated that he would advise the Board as to the proper action it should take at a later date.
road-closing
At 10:00 A.M. the Chairman announced that the advertised time had arrived for the Board to consider the closing of Vine Street in Sorrento described as follows:
VINE STREET BETWEEN BLOCKS 2, 8, 10, AND 11 ACCORDING TO THE PLAT OF SORRENTO, MAIN DIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 32, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA.
No one appeared before the Board in opposition to the closing of this Road. Commr. Windram stated that there were utility lines for which easements must be given.
The Chairman announced the time had arrived for the Board to consider the closing of a portion of the Plat of Craig’s Addition described as follows:
BLOCKS 13, 14, AND 15, LYING NORTH OF SCL RAILROAD RIGHT-OF-WAY; BLOCKS 16, 17, 18, 19, 20, 29, 30, 31, AND 32 AND ALL ROAD RIGHTS-OF-WAY LYING BETWEEN THE AFOREMENTIONED PARCELS, ALL ACCORDING TO THE PLAT OF CRAIG’S ADDITION TO SORRENTO AS RECORDED IN PLAT BOOK 1, PAGE 48, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA.
No one appeared before the Board in opposition to the closing of a portion of this Plat.
On a motion by Commr. Windram seconded by Commr. Carson and carried unanimously, the Board approved the closing of the portion of the above-described plat as presented.
The Chairman announced that there was one more public hearing scheduled. This hearing dealt with the closing of certain roads in Dora Pines Subdivision.
Mr. Ford stated that he had briefly discussed this with the County Engineer. At this time Mr. Ford suggested that the Board postpone any action on the closing of any roads in Dora Pines Subdivision until he and the County Engineer had an opportunity to review the papers that have been drawn by Mr. Roger Rice, Attorney for Mr. George Cota, converting this Subdivision into a condominium concept.
The Board briefly reviewed the roads that had been requested to be closed. The Board was concerned over the fact that certain lands would be denied legal access if these roads were closed.
On a motion by Commr. Windram seconded by Commr. Hoskinson and carried unanimously, the Board postponed further discussion and action on the closing of certain roads in Dora Pines Subdivision until July 19, 1977, at 10:00 A.M.
At this time Mr. Rice stated that the Board postponed consideration on the disposal of the Escrow money being held by the Bank of Mount Dora involved in the matter pertaining to Dora Pines to this date.
Mr. Ford stated that in June the Board of County Commissioners received a telegram from the Federal Exchange and Securities Commission requesting the Board postpone any action on the disposal of the Escrow money for about two weeks. Mr. Ford stated that the Board had already postponed this matter for over one month, and to date, the County has received no further information from the State on this matter.
roads-county
Commr. Burhans brought to the attention of the Board that last year the Board adopted a resolution requesting the DOT to restructure its state road numbers. For example, there are three State Roads numbered 450 in Umatilla. To date this change has not been made. Mr. Andrew, County Engineer, stated that he would look into the matter.
roads-county
Commr. Deems discussed the condition of Hollendel Road, while the County Engineer was present. He stated that last year Hawthorne volunteered to contribute $6,000 toward the repair and paving of this road. Commr. Deems requested the County Engineer to compile figures as to the cost involved for the repair of this road and that some action should be taken to obtain this committed money from Hawthorne.
courthouse
Commr. Hoskinson stated that the old Courthouse is being prepared for certain governmental agencies to move into. He stated that consideration needs to be given to the telephones. It was suggested that the Building Committee get together to discuss the installation of telephones in the Old Courthouse and to determine which phones will have restrictors placed on them. This met with the approval of the Board.
accounts allowed
Commr. Hoskinson stated that the Veteran Service Officer had in his budget $280 for the purchase of file cabinets. He stated that surplus file cabinets were now being used in this department and, therefore, he requested that the $280 in his budget be used for the purchase of a desk and chair.
On a motion by Commr. Hoskinson seconded by Commr. Carson and carried unanimously, the Board approved the purchase of a desk and chair in the Veteran Service Office at a cost not to exceed $280. The Board requested that this be placed in their new quarters and not be used while this Department is in its present location.
animals
Commr. Hoskinson brought to the attention of the Board a problem with an insufficient number of dog traps at the animal shelter. Discussion was held on the cost to build a trap. Commr Hoskinson stated that he had Mr. Knuckles investigating the cost for a private welder to build these cages used to trap vicious animals.
precinct
Commr. Hoskinson briefly discussed the problem that Lake County will encounter when the census is taken due to the inability in Lake County to conform precinct lines to physical boundary lines. Discussion was held. It was suggested that Commr. Hoskinson confer with the Supervisor of Elections and the Planning Department on this matter.
emergency medical services/municipalities
Commr. Carson brought to the attention of the Board the problem regarding the payment to Leesburg of its tax monies collected for the operation of the Northwest Lake County Ambulance District. He stated that the City of Leesburg would like the funds released to them as they are collected by the County.
At this time it was explained to the Board that when it levies the tax millage it takes into consideration the amount of money it will receive from interest to make up the total amount requested by the District. The Board stated that if it began to release the funds to Leesburg in the manner in which they request, it would hope the City would take advantage of the interest-bearing accounts in order to make up the total amount requested.
Discussion was held on whether or not the County could pay for services it has not yet received. Mr. Ford stated that in this particular instance he felt it would be all right to release the funds as they were received by the County. It was requested that the Clerk contact the State Auditors to see if this would be satisfactory.
On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board approved the release of funds to the City of Leesburg for the operation of the Ambulance Service, as they are received by the County, provided the Clerk does not receive a negative response from the State Auditor’s offices.
accounts allowed
On a motion by Commr. Hoskinson seconded by Commr. Carson and carried unanimously, the Board approved the purchase of an NCR Model 2507100 Cash Register for the Traffic Department of the Clerk’s Office at a cost of $5,000. It was requested that the present cash register be traded in on the above-mentioned equipment. The Board also approved the necessary transfer of funds.
On a motion by Commr. Hoskinson seconded by Commr. Carson and carried unanimously, the Board approved payment of the architect’s bill in the amount of $1,185.76.
bonds
On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board approved the following Contractor Bonds:
813-77 Sal Revello (Concrete Contractor)
1544-77 Robert F. Oatman (Residential Contractor)
1550-77 James E. Moulton (Residential Contractor)
accounts allowed
On a motion by Commr. Carson seconded by Commr. Hoskinson and carried unanimously, the Board approved travel for Mr. William Hennessey, Pollution Control Director, to attend the Florida Local Environmental Regulation Association meeting in Miami July 20-22, 1977.
courthouse
Mr. Watkins brought to the attention of the Board that it should begin to think seriously about parking facilities around the Courthouse complex. Discussion was held. It was suggested that the Building Committee look into this matter.
lake county property appraiser
At this time the County Attorney stated that he had reviewed the Certificates of Error and Correction submitted by the Lake County Property Appraiser and requested that no action be taken on them at this time. The numbers of these certificates are 5-09101-09106.
zoning
At this time a brief discussion was held on the matter involving the property purchased by Mr. John Darrow from Mr. Neil Fisher on which a Zoning Violation had been issued.
Mr. Ford informed the Board that according to his research he could not see how Lake County could require Mr. Darrow to erect a fence because this requirement did not appear in any records other than the Board of County Commissioners’ minutes.
recess and reassembly
At 11:30 A.M. the Chairman announced that the Board would adjourn for lunch at the Park Restaurant in Tavares. The Public and press were invited on a Dutch-treat basis.
zoning
zoning violation 77-34 john darrow
Mr. Willett briefed the Board that this case had been postponed from last month. Mr. Ford stated that according to his research he did not feel that the County could make the new property owner erect a fence because according to the records, there was no indication that a fence was required. Mr. Ford further stated that even though this requirement was mentioned in the Board minutes the prospective buyer is not required to read all of the minutes of the Board of County Commissioners.
Mr. Tuller appeared before the Board and voiced his opinion that he felt Mr. Darrow was subject to all the requirements that Mr. Neil Fisher, the original property owner, was under when he owned the property. Discussion was held on the possibility of suing Mr. Fisher and requiring him to put up the fence due to the fact that he was aware a fence was required and never erected the fence in question. Further discussion was held.
At this time the Board discussed the possibility that if the County is successful in getting Mr. Fisher to pay for the placement of the required fence the present property owner many not want it placed on his property. Mr. Tuller stated that if this situation arose he would be willing to have the fence placed on his property.
On a motion by Commr. Windram seconded by Commr. Carson and carried unanimously, the Board determined that Mr. Darrow was not in violation based on the information that was presented, however, it was very clear that the Board of County Commissioners ordered that a fence be erected when the property was owned by Mr. Neil Fisher.
On a motion by Commr. Windram seconded by Commr. Carson and carried unanimously, the Board directed the County Attorney to take whatever action is necessary to get the previous property owner to comply with the CP zoning and have him erect the fence and correct the violation.
zoning violation 77-49 charlie butler
No one appeared before the Board regarding this case. On a motion by Commr. Windram seconded by Commr. Hoskinson and carried unanimously, the Board found Mr. Butler in violation, declared the violation a public nuisance and gave him 30 days to comply with Ordinance 1970-1.
zoning violation 77-47 joseph orlando
Mr. David Latham, Attorney for Mr. Orlando, appeared before the Board and stated that his client had several cars on his property, some of which were used by his family, others used for farm work, and two were antiques and were being restored. He presented to the Board pictures of the vehicles on the property in question.
Mr. Orlando’s son, Joseph, appeared before the Board to discuss what constituted a junk car.
Mr. Orlando appeared before the Board and stated that he was willing to have an official from the County come to his house and he would accompany them around his property and let them look at the vehicles in question.
Mr. Parrez and Mrs. Faircloth spoke to the Board in opposition to the complaint that Mr. Orlando had junk vehicles on his property.
After discussion on the matter was held, Commr. Deems suggested that this case be postponed to allow representatives from the County to make an appointment with Mr. Orlando to review the violation and report back to the Board.
On a motion by Commr. Windram seconded by Commr. Carson and carried unanimously, the Board postponed this case until August 9, 1977, at 2:00 P.M. or as soon thereafter as possible.
zoning violation 77-50 clarence brown, jr.
No one appeared before the Board regarding this case. On a motion by Commr. Windram seconded by Commr. Carson and carried unanimously, the Board found Mr. Brown in violation, declared the violation a public nuisance and gave him 30 days to comply with 1970-1.
grants
Mr. Willett requested approval from the Board for the Chairman and the Clerk to sign the release of funds for the Southeast Umatilla Grant. On a motion by Commr. Burhans seconded by Commr. Carson and carried unanimously, the Board approved for the Chairman and the Clerk to sign the above-mentioned papers as requested by the Director of Planning.
county employees
Mr. Porter, Director of Personnel, presented to the Board, for its consideration, the following recommendations for employees who had previously been in the bargaining unit:
1. $30/month retroactive to Oct. 1, 1976, approximate cost $58,680 thru September 30, 1977.
2. Pay the increase in insurance cost for individual coverage, beginning July 1, 1977, approximate cost $2,316.00 thru September 30, 1977.
3. Revise present grievance procedure so that the Personnel office is responsible to review and attempt to resolve any grievance prior to it going to the liaison commissioner.
4. Authorize the Personnel Office to establish salary ranges for the bargaining unit positions.
5. Request department heads to submit requests for individual merit increases on bargaining unit employees for the 1977-78 budget year to the Personnel Office by July 25, 1977.
Commr. Windram stated that he would like to recommend that the Board pay the increase in insurance costs for individual coverage on the County Insurance Program as of February 1, 1977, when the increase for those employees who were not in the bargaining unit was absorbed.
Discussion was held on proposal to revise the present grievance procedure. The Board requested that the personnel office present a detailed outline of the proposed change before this revision is put into action.
The Board discussed the recommendation that the Personnel Office establish salary ranges for the bargaining unit positions. Commr. Deems stated that he would like the Board to do this in Budget Hearing Sessions.
On a motion by Commr. Windram seconded by Commr. Burhans and carried unanimously, the Board approved the recommendations as amended for those employees previously in the bargaining unit.
appropriations
Mr. Porter presented to the Board a list of items which he proposed the County purchase and lease to the CETA Program. Discussion was held. It was requested that Mr. Porter separate the items into space, equipment, and car rental and present it to the Board for consideration.
courthouse
Commr. Hoskinson stated that the old Lake County Courthouse is being prepared for occupancy. He felt that the landlords from whom we are now renting space should be told that the County plans to vacate these offices by August 31, 1977. On a motion by Commr. Hoskinson seconded by Commr. Carson and carried unanimously, the Board directed the Clerk to notify all landlords from whom the County is renting office space and inform them that the premises will be vacated by August 31, 1977.
suits affecting the county
Mr. Ford informed the Board that there is a contractor in Astor who is not certified nor does he have a bond posted in the Building Department. Mr. Ford stated that the Board, in the past, has wanted to proceed against the contractor in violation to make sure that he takes the necessary examinations to become certified before doing work in the County.
On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board approved for the County Attorney to take the necessary action against the above Contractor, Mr. Rich, in having him secure his certification of competency.
public health/emergency medical service
Mr. Ford presented to the Board the matter involved in the confusion at the office of the Medical Examiner with the transportation of the remains of a person to the wrong location. He explained to the Board that somehow two bodies were tagged improperly and when the relatives of one of the victims made arrangements to have the remains of their beloved flown home, the wrong body was transported and there was an outstanding charge for the transportation of the body back to Lake County.
This matter was referred to Commr. Deems for his attention.
accounts allowed
Commr. Windram stated that there is an outstanding bill from Waterman Memorial Hospital for the transportation of bodies to the Medical Examiner. He stated that the bill was approximately $4,400 and requested that the Board authorize this to be paid.
On a motion by Commr. Windram seconded by Commr. Burhans and carried unanimously, the Board approved for the aforementioned bill to be paid to Waterman Memorial Hospital.
There being no further business to be brought before the Board, the meeting adjourned at 3:55 P.M.
_____________________________
C. A. “LEX” DEEMS, CHAIRMAN
__________________________
James C. watkins, clerk