A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MARCH 14, 1978

            The Lake County Board of County Commissioners met in regular session on Tuesday, March 14, 1978, at 9:00 a.m. in the Board of County Commissioners Meeting Room, Courthouse, Tavares, Florida.  Present were:  James R. Carson, Jr., Chairman; Thomas J. Windram; C.A. “Lex” Deems; and Glenn C. Burhans.  Others present were:  James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Andrea Gambrell, Deputy Clerk.  Absent was J.M. Hoskinson who was out of town on County business.

            The Invocation was given by James C. Watkins, Clerk, and the Pledge of Allegiance was led by Andrea Gambrell.

            ROADS – COUNTY – STATE

            Commr. Carson presented to the Board a letter from DOT regarding the reclassification of roads in Lake County.  The letter stated that a list of these roads was being forwarded to Mr. Robert Andrew, County Engineer.

            ACCOUNTS ALLOWED

            Mr. Virgil Hawkins, representing the Lake County Action Agency, appeared before the Board regarding the funds that were approved by the Board of County Commissioners on March 7, 1978, for use by the LCAA.

            He asked at this time if the County was planning to transfer the bookkeeping facilities to the County offices.  Mr. Hawkins stated that he would like the bookkeeping to be kept at the LCAA Offices and their staff would work with the County Staff to prevent any problems that might arise in the bookkeeping procedures.

            The Clerk stated that the matter was being studied and that no decision had been made as to where the books would be kept.  He will keep the Board abreast as to developments in this situation.

            CONTRACTS AND AGREEMENTS

            Commr. Deems brought to the attention of the Board a problem with Woodhaven Subdivision on S-561.  He stated that this was a development of Jeffrey Gittomer and that an escrow agreement had been signed; however, there is no money on deposit.  Commr. Deems stated that there is construction being conducted on the land and that the Board should look into the matter.  No formal action was taken at this time.

            COUNTY EMPLOYEES

            Commr. Deems brought to the attention of the Board that those employees in the positions of mower operators had been transferred into other positions and that all mower operator positions were now vacant.

            No formal action was taken at this time.

            ROADS – SUBDIVISION

            Commr. Windram brought to the attention of the Board that there was a problem in the Phillipsburg Subdivision.  Apparently an individual has erected a fence down a publicly dedicated right-of-way.  He also stated that there are disputes regarding the survey and felt that the only way the County could assist was to have its own survey.

            Mr. Ford, County Attorney, stated that it was going to take a policy decision on the part of the Board as to how involved it would become in problems of this type.  He stated that the Florida State Statutes give the Sheriff’s Office the authority to inform a person that he or she is not allowed to erect an obstacle in a public road or right-of-way.  He felt that the Sheriff’s Department could help the County in these problems through their stated authority in the Florida Statutes.  It was requested that Bob Andrew bring the survey back to the Board or Commr. Windram.

            APPOINTMENTS

            On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously by those present, the Board reappointed Mr. Steven Vaughn and Mr. P.J. Pettyjohn to the Planning and Zoning Commission for another term.

            COURTHOUSE

            Commr. Burhans brought to the attention of the Board the problems with the phones in the Lake County Courthouse System.  He stated that the County Engineer had new equipment installed in his department and he was being cut off during his telephone calls.  The Board requested Commr. Carson to contact the General Manager of Florida Telephone and see what he could do to expedite the repair of this problem.

            RESOLUTIONS

            On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously by those present, the Board adopted a resolution establishing a 5 mph NO WAKE on Silver Glen Run.

            ACCOUNTS ALLOWED

            Commr. Burhans presented to the Board a request that had been received by Mosquito Control from the owners of Hazleton Villa Mobile Home Park to rent a dragline with an operator from the County at a cost of $15.00 per hour to reclean an old mosquito control drainage ditch in Section 34, Township 18, Range 23.

            On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board approved the above request as presented.

            Commr. Burhans abstained from the vote because the cleaning of the ditch will drain water from his land, and he felt that since he would be affected by the work being done, he should declare a conflict of interest and abstain from voting.

            COUNTY BUILDINGS/FAIRGROUNDS

            Commr. Burhans informed the Board that the electrical plugs in the Expo Building located at the Lake County Fairgrounds are in need of replacement or repair.  He stated that when a plug is inserted, sparks fly from the plug, and he felt that this was a danger to the public because of the heavy use of the Expo Building.  Discussion was held.

            On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously by those present, the Board declared an emergency and directed Mr. Knuckles, Director of Purchasing, to obtain the best possible price and have the defective plugs replaced that are located in the Expo Building at the Lake County Fairgrounds.  The cost of these repairs will be taken from the Fairground Maintenance Fund.  The Board also approved the necessary funds be transferred from Contingency to Fairground Maintenance Fund.

            ANIMALS

            Commr. Windram presented to the Board a problem in the Bay Lake Area regarding cattle roaming through groves and damaging property.  He presented a petition from residents in the area requesting assistance in solving this problem.

            Apparently, there are approximately 75 head of cattle and they come into the grove at night and eat the fruit.  It was reported that this problem has existed for several years.

            Discussion was held.  It was mentioned that the residents felt that the owner of the cows was Mr. Oscar Johns; however, he is a difficult person to deal with and apparently will not cooperate by keeping his cattle penned.

            Mr. Ford stated that he at one time represented Mr. Johns and felt that he might heed a letter sent from his office.

            Discussion was held on the various ways by which the animals could be caught and held for destruction or sale.

            On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously by those present, the Board felt that this was a public nuisance because the animals would wander across public roads traveled by motorists and present a hazard to the safety of the public.  The Board authorized the County Attorney to write to Mr. Johns requesting his cooperation in containing the animals in question, as well as present to the Board a procedure by which it can remedy this problem, whether it be through Court action or the adoption of an Ordinance.

            BONDS

            On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously by those present, the Board approved the following Contractor Bonds:

            116-78             Barth Welding & Construction Company

            1625-78           Rocky Sutton Construction

            1627-78           Rosewood Homes, Inc.

            1628-78           Duncan Electric Service

            1629-78           James W. Wingo (Aluminum)

            On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board approved the cancellation of the following Contractor Bonds:

            1500-77           Gator Fence & Irrigation

            1522-77           Leonard J. America dba All County Electric

            Commr. Burhans was out for the vote.

            ACCOUNTS ALLOWED

            On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously by those present, the Board approved travel for Mary Hamner to attend a conference on “Basics in Food & Shelter for Elderly” at the University of Florida March 27-31, 1978.

            MUNICIPALITIES/RESOLUTIONS

            On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously by those present, the Board adopted a resolution approving the annexation of 6.9 acres of property into the City of Leesburg in 1977 and approved the rezoning of this property from R-1-7, which was its zoning in the County, to the City of Leesburg’s Zoning which is R-3.  Commr. Carson abstained from voting due to an interest in said property.

            REPORTS

            The Board accepted the Traffic and Criminal Report for the week of March 1-7, 1978, as presented by the Deputy Clerk.

            CONTRACTS AND AGREEMENTS

            Mr. Ford informed the Board that the Northwest Lake County Ambulance District was willing to enter into another contract whereby it would receive its funds from the County on a monthly installment rather than in a lump sum.  However, the funds for the Ambulance District are tied up in Certificates of Deposit and will not be available until May.  It is requested that the Board approve for the funds to be taken from County Funds and be replaced when the Certificates of Deposit come due.  This would become effective upon the execution of the Contract by the proper authorities.

            On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the above transfer from County Funds to be disbursed to the Northwest Lake County Hospital District when the contract is executed, because the funds collected for support of this district are tied up in Certificate of Deposits which will not come due until May.

            SUITS AFFECTING THE COUNTY/PLANNING AND ZONING

            Mr. Ford briefly brought the Board up to date regarding the status of the Odessey Bottle Club.  He stated that Mr. Gordon Oldham, State Attorney, is out of town but when he returns, a determination will be made as to whether or not the owners can be criminally prosecuted for remaining open after 2:00 a.m.  He stated that the Federal Court upheld the County’s Ordinance and that the County is now in a strong position to pursue the matter if it comes down to a court case.

            GRANTS

            Mr. Willett presented to the Board a request for the Planning Department to proceed with the pre-application for Community Development Block Grants for the 1978-1979 fiscal year.  On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously by those present, the Board approved for the Planning Department to proceed with the pre-application for the 1978-1979 Community Development Block Grant.

            The Board also approved in the same motion travel for two staff members to attend the Community Development Block Grant conference in Jacksonville March 22 and 23, 1978.

            On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously by those present, the Board approved the preliminary schedule of Public Hearings for the 1978-1979 Community Development Block Grant as outlined and submitted by the Director of Planning in his memorandum to the Board dated March 14, 1978.

            GRANTS

            On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously by those present, the Board approved for the Chairman to sign the necessary documents for payment of voucher on the letter of Credit to Lake County in order that Lake County can receive $60,943.76 from its EDA Grant money to pay Square G. Construction Company and Superior Asphalt Co., Inc. for the work they have done on County Roads under the EDA Grant.

            BOATING IMPROVEMENT FUNDS

            On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously by those present, the Board approved for the Chairman to sign the Completion Forms for Gilbert Dock #2 under the Boating Improvement Fund.  Mr. Willett stated that the papers were in order and that the deck had been completed.

            GRANTS

            On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the Housing Rehabilitation Contracts for Savanah Mitchell and Rosa Lee Jones.

            COMMUNICATIONS/SCHOOLS-MISC.

            Commr. Windram presented to the Board a letter he received from the School Board regarding telephone calls they have been receiving from individuals claiming to be representing the Board of County Commissioners and stating that the employees in the Food Service Program in the Lake County School System are not receiving minimum wage.

            It was requested that the Clerk respond to this letter and assure the School Board that the Board of County Commissioners have no complaints pertaining to the Food Service.

            FIRE DISTRICTS/MUNICIPALITIES

            Commr. Carson presented to the Board a letter from the City of Eustis regarding the desire of individuals to have the City continue extended Fire Protection in unincorporated areas.

            Mr. Ford stated that there was an Attorney General Opinion regarding this type of situation.

            It was requested that Mr. Ford contact General Talley, Attorney, in Mount Dora and discuss this matter with him.

            GRANTS

            At 11:30 a.m. the Chairman announced that the advertised time had arrived for the Board to hold its public hearing on the Amendment to the Community Development Block Grant Budget.

            The Clerk stated that proof of publication had not been received but that a copy of the advertisement had been obtained by the Planning Department and that Mr. Willett was assured that the certified proof would be forthcoming.

            No one appeared before the Board regarding this public hearing.

            On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the transfer of $10,000 within the Community Development Block Grant Budget from Road and Drainage Improvement to the Housing Rehabilitation Budget, as well as $10,000 from Contingency to Housing Rehabilitation.

            PLANNING AND ZONING

            Mr. Willett presented to the Board for its information the Preliminary Draft of the Overall Economic Development Program.

            COMMUNICATIONS

            Commr. Burhans presented to the Board tickets to the Lake County Fair which were given to him for each Commissioner by Mr. Robert Dunbar, Executive Director of the Lake County Chamber of Commerce.  He informed the Board that it had been invited to attend the opening ceremonies on Friday, at 5:00 p.m. at the Fairgrounds and be present for the dedication of the open air theater which is being dedicated in the memory of J. Karl Smith who was the previous Executive Director of the Lake County Chamber of Commerce and who died in 1977 after a heart attack.

            ACCOUNTS – REFUSED

            Mr. Burhans presented to the Board a request from Mr. Dunbar for the County to purchase a lighted sign directing people to the Fairgrounds.  He stated that the sign would cost approximately $500 and would like it taken from the $2,000 allocated by the County to the Lake County Chamber of Commerce.  The Board took no action on this request and asked Commr. Burhans to speak with Mr. Dunbar about the procedures by which items are purchased in the County.

            RECESS AND REASSEMBLY

            At 12:00 Noon the Chairman announced that the Board would adjourn for lunch at the Park Restaurant.  The public and press were invited on a dutch-treat basis.  The meeting will reconvene at 1:30 p.m.

            BIDS/ACCOUNTS ALLOWED

            Mr. Andrew presented to the Board his recommendation for the awarding of the bids for the Design and Build Project for Lakeshore Drive and for the replacement of the two wooden bridges on Bay Lake Road.

LAKESHORE DRIVE

            Lee Con Construction               $218,060.55

            Square G. Construction              290,970.00

REPLACEMENT OF TWO WOODEN BRIDGES

            Square G. Construction               78,556.00

            Barron Construction                    89,880.00

            Lee Con Construction               121,000.00

            On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously by those present, the Board accepted the bid from Lee Con for the Design and Build Project on Lakeshore Drive at a cost of $218,060.55; this action was taken upon the recommendation of the County Engineer and also because it was the best and lowest bid of those received.

            On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously by those present, the Board awarded the bid for the replacement of the two wooden bridges on Bay Lake Road to Square G. Construction Co. at a cost of $78,556.00; this action was taken upon the recommendation of the County Engineer and also because it was the best and lowest bid of those received.

            CONTRACTS AND AGREEMENTS

            On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved for the Chairman to execute the documents for the work that is going to be done on C-439, 565, and 450.

            There were six documents to be executed; five were between Lake County and LeeCon Construction Company, and the last was between Lake County and Macasphalt Corporation.

            ACCOUNTS ALLOWED

            Mr. Andrew reminded the Board that it had employed Mr. Richard Newman to conduct the necessary bridge inspections in Lake County.  He stated that the County did not want to release the remaining $350 until the report, which Mr. Newman had to submit to the DOT, was accepted by the DOT.  Mr. Andrew stated that the required reports had been submitted and accepted and would recommend that Mr. Newman be paid the remaining $350 which is being held by the County.

            On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously by those present, the Board approved payment of the above-mentioned money to Mr. Newman upon the recommendation of the County Engineer.

            PRISONERS

            Commr. Burhans stated that last week the Board approved for the County to conduct some maintenance work at the Lake County Fairgrounds.  He stated that he would like approval for the prison crew to do the necessary work.  This did not meet with any opposition from the Board of County Commissioners.

            ZONING

            ZONING VIOLATION 78-7 – MARVIN BOYKIN

            The Board was informed that this case was postponed from last month and that Mr. Boykin has received the proper permits to erect the “Orange” Structure on the roof of his building.

            On one appeared before the Board regarding this case.

            On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously by those present, the Board found Mr. Boykin in violation, declared the violation a public nuisance and gave him 15 days to comply with Ordinance 71-6.

            ZONING VIOLATION 78-21 – ROBERT MCCOY

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

            ZONING VIOLATION 78-24 – CHARLES ROMANAUKES

            No one appeared before the Board regarding this case.  On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously by those present, the Board found Mr. Romanaukes in violation, declared the violation a public nuisance and gave him 30 days to comply with Ordinance 70-1.

            ZONING VIOLATION 78-25 – WILLIAM SMITH

            Mr. Mort Aulls, Attorney representing Mr. Smith, appeared before the Board and stated that in January the joint owner of the property, Mr. Gailbrath, was cited for a Zoning Violation and since that time both Mr. Smith and Mr. Gailbrath have sued each other and Mr. Aulls stated that a partition suit is now in process.  Discussion was held.

            On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously by those present, the Board found Mr. Smith in violation, declared the violation a public nuisance and gave him 60 days to comply with Ordinance 71-6.

            ZONING VIOLATION 78-28 – MR. TOM FLEGAL – OWNER: LARRY MERWIN

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

            COUNTY EMPLOYEES

            Commr. Deems reminded the Board that earlier in the day he had informed them of mower operator positions which are now vacant.  He requested permission for the Personnel Department to advertise for the filling of the vacancies of mower operators at a salary of $6,000.  On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously by those present, the Board approved the request to refill the positions of mower operators as presented by Commr. Deems.

            ACCOUNT ALLOWED/AUTOS AND TRUCKS

            Commr. Deems brought to the attention of the Board that the Engineering Department had been looking for a dump trailer to be hauled by the Mack Truck which was purchased by the County approximately three years ago.  He stated that a dump trailer is needed to haul limestone and other materials used by the Public Works Department.  Commr. Deems told the Board that a used trailer had been located and the cost for it is $8,000 in comparison with a new trailer which retails for anywhere from $15,000 to $17,000.

            On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the purchase of a dump trailer for use by the Public Works Department at a Cost of $8,000.  These funds are to be taken from the Road and Bridge Equipment Fund.

            COUNTY EMPLOYEES

            Commr. Carson informed the Board that a registered nurse had been hired at the Lake County Nursing Home at the budgeted salary of $9,568.  He stated that the Personnel Department brought this to his attention because the nurse was hired at the exact budgeted salary which is contrary to County Policy and that the Administrator of the Nursing Home did not go through the proper channels to obtain approval of the employment of this individual.  Discussion was held.  The Board recognized the fact that an RN was needed at the nursing home and did not want to take action which might have an adverse effect on the patients at the Lake County Nursing Home; however, the Board did feel that Mrs. Hamner would have to be told that her department can not be excused from County Policy.

            On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the employment of a Registered Nurse at the Lake Memorial Nursing Home at a salary of $9,568 on a six-month probationary period.  The Board also requested the Chairman to write a strongly worded letter to Mrs. Hamner informing her that, in the future, she is to adhere to all aspects of County Policy established by the Board.

            There being no further business to be brought before the Board, the meeting adjourned at 2:40 p.m.

                                                                        _________________________

James R. Carson, Jr., Chairman

 

________________________

James C. Watkins, Clerk