A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

APRIL 18, 1978

            The Lake County Board of County Commissioners convened in Regular Session on Tuesday, April 18, 1978 at 9:00 a.m. in the Board of County Commissioners Room, Courthouse, Tavares, Florida.  Present were:  James A. Carson, Chairman; Commissioners J.M. Hoskinson, Glenn C. Burhans, C.A. “Lex” Deems, and Thomas J. Windram.  Others present were:  Christopher C. Ford, County Attorney; and Andrea Gambrell and Shirley Wilson, Deputy Clerks.

            The Invocation was given by Commr. J. M. Hoskinson, and the Pledge of Allegiance was led by Commr. Thomas J. Windram.

            COMMUNICATIONS

            Commr. Carson presented a letter from Judge John Booth regarding a Bill which is under consideration in the Legislature, which would allow private attorneys to represent indigent defendants in cases where conflicts existed with the Public Defender’s Office and when excessive caseloads exist.  The Board expressed a desire to find out from Mr. Ford, County Attorney, what this Bill was and support it.  Commr. Hoskinson stated that the Association supported this Bill.  Chairman Carson raised the question as to why State Attorneys travel from one District to another and all over the State to relieve each other in their overloads and why could this not be done by the Public Defenders.  Commr. Hoskinson stated he thought the reason for this was because the Public Defenders were not funded to the extent of State Attorneys.

            BIDS

            Commr. Deems stated that the State people had been down regarding the Grant being awarded to Lake County for the EMA Communication equipment.  This will be discussed further when Christopher Ford is present.

            INSURANCE

            Chairman Carson presented to the Board a letter from Time Insurance Company which was in response to a letter received from the Board on March 27, 1978.  The letter stated they would be retiring the program as of April 1, 1978, and an audit of the County’s accounts, as far as premiums were concerned, would be made.  It was requested that a copy of the above-mentioned letter be mailed to Gulf Life insurance and to Ed Holder & Assoc.

            RIGHT-OF-WAYS/ROADS

            Commr. Carson presented to the Board a letter from Sumter Electric regarding the utility pole located on Hwy 439 in Lake Murphy Estates.  Commr. Deems stated he had talked with Bob Andrew, County Engineer, and there had been a misunderstanding, inasmuch as they thought all the poles needed to be moved.  Commr. Deems further stated that Mr. Andrew was going to contact Sumter Electric and work the problem out.

            ROADS – SUBDIVISION

            On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the Board approved the patching of roads by the Public Works Department in Ravenswood Subdivision (approximately 60 feet), for $95.00 at the expense of the land owners.

            COMMUNICATIONS

            Commr. Deems presented to the Board a notice of a meeting that was held on April 13, 1978 by the District 3 HRS Advisory Council.  He pointed out that he did not receive the notice until the 13th.

            Commr. Hoskinson presented to the Board a memorandum from the National Association of Counties inquiring whether or not Lake County had an energy saving program or coordinator.  It was requested that the memorandum and questionnaire be sent to Michael Willett to fill out and return.

            CONTRACTS AND AGREEMENTS

            Commr Burhans stated that steps needed to be taken to obtain a current contract between Lake County, the Chamber of Commerce, and the Fair Association regarding the Lake County Fairgrounds.  It was requested that Commr. Windram, Commr. Burhans, Mr. Ford, and Mr. Dunbar set up a meeting regarding this matter.  It was pointed out by Commr. Burhans that the tractor pull that was held this year had brought in over $5,000.00, and the County had been sent the bill in the amount of approximately $600 or $700 for the electricity and electrical repair bills; the Board stated it would not pay these expenses.

            FUNDS/TRANSFER

            On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board approved the following transfers:

            BUILDING DEPT – Transfer $50.00 from Account #3440205 “Office Supplies” to Account 3440604 “Refunds-Building Permits.”  Reason:  to cover a refund which was approved to be paid by the Board on March 21, 1978.

            ANIMAL CONTROL – Transfer $100.00 from Account #5106341, “Contracted Services” to Account #5106205, “Office Supplies.”  Reason:  Printing requests have increased as well as charges for printing.

            WELFARE SERVICES – Transfer $500 from Account #5221309-3, “Inpatient Hospital Services” to Account #5221308-5, Other Welfare Services.”  Reason:  Payment of more indigent utility bills than in the past.

            WELFARE SERVICES – Transfer $1,000.00 from Account #5221309-3, “Inpatient Hospital Services” to Account 5221308-4, Pauper Burials.”  Reason:  Only $30.00 left in this account and the year is only half over.

            ROADS & BRIDGE FUND – Transfer $20,000.00 from account #4102341-1, “Contracted Services” to Account #4102331, “Rental of Equipment.”  Reason:  The Board approved the rental of a mixer at a cost of $4,000.00 a month and there is only $5.00 in the Account.

            BUDGETS/APPROPRIATIONS

            On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Board approved the Budget Amendment in the CETA 1 Budget as presented by Mr. Don Smalt, Deputy in Charge of Finance.

            BONDS

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

            1637-78           Stephen W. Gray (Plumbing Contractor)

            1638-78           Victor L. Fugate (Elec. Contractor)

            1639-78           Floyd Milton Sapp (Swimming Pool Contractor)

            1640-78           Bobby Stephens (Residential Contractors)

            ACCOUNTS ALLOWED/INSURANCE

            On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved an additional $19,555.00 on workman’s compensation insurance caused by a payroll increase, mainly CETA employees, and that portion will be paid with CETA funds.

            REPORTS

            On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Board accepted Helpline’s ARC Quarterly Report.

            ACCOUNTS ALLOWED/TRAVEL

            On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Board approved a travel request for Mosquito Control, for one person to attend the Biology & Control Workshop at the Navy Disease Vector Ecology & Control Center, Jacksonville, Florida, April 30 - May 5, 1978, in a County vehicle at a cost of $100.00.

            ACCOUNTS APPROVED/TRAVEL

            On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved travel for Robert Lewis to attend PHASE I, Civil Defense Career Development Course, Rock Hill, South Carolina, June 12 – 16, 1978.  Departing on June 12 and returning on June 18, in a private automobile at a cost of $260.00.  Expenses while at the College will be 100% Federal Funded.  Travel and per diem to and from is 50% Federal Funded.

            MACHINERY AND EQUIPMENT

            Commr. Hoskinson brought to the attention of the Board that it had been brought to his attention that the County had two (2) radar guns, which were not being used.  It was requested that the Sheriff’s Department be offered the use of these radar guns.

            The Clerk was asked to find out where the guns were located and report to the Board in the next meeting.

            OUTDOOR RECREATIONAL FACILITIES

            Commr. Hoskinson informed the Board that it had been requested by Mr. Willard Barnes, Deputy in the Lake County Sheriff’s Dept., that the Board adopt a resolution establishing a speed limit on all waterways in Lake County.  Mr. Ford stated that Mr. Duncan, Attorney for the Lake County Water Authority, is working on this matter and suggested that Mr. Barnes contact Mr. Duncan.

            The Board requested Mr. Ford follow up on this matter and keep them informed of developments regarding the speed limits on waterways in Lake County.  It was requested of the Clerk to contact the Sheriff’s Office by letter or telephone call and tell them of the action taken.

            BUDGET/LEGISLATURE

            Commr. Hoskinson brought to the attention of the Board House Bill 119, which deals with annual county budgets reflecting countywide and non-countywide revenues and expenditures.  Also, House Bill 713 by Representatives Fortune and Craig, relating to county annual budgets.  It was asked that the Board be given copies of these bills and that Mr. Ford look into and report back to the Board his findings.

            STATE AGENCIES

            Commr. Hoskinson informed the Board of Senate Bill 198, which would raise the salaries of Sheriffs in Florida.  He stated that it was the position of the State Association of County Commissioners that the Legislature should consider the raising of all salaries set by them.  This was a point of information for the Board, and no action was taken.

            BONDS

            On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved the request of Eugene Reilly to live in a mobile home upon 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 upon completion of the conventional dwelling or upon the request of the Board of County Commissioners.

            On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the request of Mr. Coy Stevens 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 upon completion of the conventional dwelling or upon the request of the Board of County Commissioners.

            OUTDOOR RECREATIONAL FACILITIES

            Commr. Windram stated that there are problems with people using the beach at Lake Dalhousie in the late evening hours for swimming.  Discussion was held.  It was stated that there was to be no swimming from sundown to sunup.  It was requested that Mr. Andrew review the situation and present a recommendation to the Board at a later date.

            ROAD CLOSING

            Mr. Robert Andrew, County Engineer, presented to the Board a Plat of a portion of Lake Gertrude Groves to be vacated.  There was discussion between Mr. Andrew and Mr. Ford, and it was decided to wait until another time to act upon this request.

            ROADS – COUNTY – STATE

            Commr. Windram reminded the Board of the problem with the drainage on Thrill Hill Road when it was rebuilt with an inverted crown.  He stated it would cost approximately $3,400.00 to correct the problem.  He suggested that the County furnish 210 feet of 18” pipe, provided it would be installed by the property owner, at his expense, under the supervision of the Public Works Department and that the owner, Mr. Archie Sutton, dedicate a 20’ wide easement from Thrill Hill Road extending Eastward 300 feet into his pond, and that the necessary Hold Harmless Agreement be issued.  On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the above suggestion as submitted by Commr. Windram.

            CONTRACTS AND AGREEMENTS

            On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board approved the Annual Cooperative Equipment Lease between Lake County and Mount Plymouth Fire Company Inc., Sorrento, Florida.

            LAKE COUNTY PROPERTY APPRAISER

            On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Board approved the Certificates of Error and Correction on the 1977 tax roll numbered 5-19819 through 5-19835, as submitted by Ed Havill, Lake County Property Appraiser.

            RESOLUTIONS/SPEED LIMITS

            On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board adopted a Resolution regarding a speed of 25 mph on SR 44B in Mount Dora between 7th and 11th Avenues.

            CONTRACTS AND AGREEMENTS

            Mr. Ford presented to the Board the Contract between Lake County and Bond Anderson for his services as a Consultant.  On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board approved the Contract as submitted by the County Attorney and authorized the Chairman and Clerk to sign same.

            SUITS AFFECTING THE COUNTY

            Mr. Ford presented to the Board a suit filed by Mort Aulls between Lake County and a Mr. Eckerson.  The nature of the suit was the disagreement over the road leading to the Tri-City Landfill.  Mr. Aulls thought it was a public road, but after reviewing the aerial, it appeared to be a private road on the land of Mr. Eckerson.  Mr. Eckerson owns the land behind the landfill and is trying to establish that there is a public road, even if not open, going into the landfill, but further to the left.  Mr. Ford requested that the Board accept the services on the case styled Eckerson vs. Lake County, rather than have it delivered through the Sheriff’s Department.

            On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board accepted service of the above-mentioned suit upon the recommendation of the County Attorney.

            CONTRACTS AND AGREEMENTS

            Mr. Ford presented to the Board the Contract between Lake County and Frank Wagner of Wagner’s Excavating Company, for the trade of 5,000 yards of overburden from the Lady Lake Landfill for 5,000 yards of clay from the pit in Tangerine.

            Commr. Deems stated that Mr. Andrew, County Engineer, had received a sample of the clay and that it was not satisfactory for County use.  It was also presented to the Board that some dispute existed over where Mr. Wagner wanted to obtain the overburden. Discussion was held.

            The Board determined that it would not take action on the contract, as presented, since the clay the County would receive was not satisfactory.  If Mr. Wagner would like to renegotiate the Contract, the Board will reconsider the request at a later date.

            EMERGENCY MEDICAL SERVICES

            Mr. Ford announced that the meeting had been held on Thursday, April 13, 1978, regarding the bids for the communication equipment for the Northeast and Northwest Lake County Ambulance District.

            He informed the Board that after much discussion, it was decided that the bid would be awarded to General Electric Corp., being the lowest bidder and meeting with the specifications placed on the equipment, with the exception of Life Pack #5 which would be awarded to Physo Control.  He stated that this met with the approval of everyone present at the meeting.  The Board questioned as to whether or not any of the funds for this were coming out of the County’s General Revenue Funds.  Mr. Ford stated that it was not.

            On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Board approved the awarding of the bid for the EMS Communications Equipment to G. E. and the  bid for the Life Pack #5 to Physo Control.

            Mr. Hal H. Hoise, Palm Beach, Tavares, an interested citizen, came before the Board regarding the communication equipment.  He stated his daughter was Assistant Director of nursing in a New York City Hospital and that she had trained the first Paramedics on the ambulance service, serving the heart cases with this type of equipment.  He further stated that before the installation of the equipment, the records showed 40 percent or more heart patients died before reaching the hospital.  Within one year after the equipment had been used, the records indicated a decline that represented only 10 percent of the patients died before reaching the hospital.  Mr. Hoise then commended the Board on their action regarding the equipment.

            Mr. Ford requested the appropriate letter be written to Mr. Joe Williams, Safety Specialist, Department of Administration at Tallahassee, advising him of the action taken regarding the communication equipment, with copies to Mr. Robert Jordon, President of the Lake County EMS Council; Dr. Thomas Langley, Waterman Hospital; and Mr. Bud Webber, Assistant Administrator at Waterman Hospital.

            GRANTS

            Commr. Carson presented to the Board a letter from EDA on Project No. 04-51-20995, which is the All American Construction Co.  The letter stated the Firm failed to qualify as a bona fide MBE according to EDA’s guidelines.  It was requested that a copy of this letter be given to Mr. Willett.

            Commr. Deems stated he felt all the problems had been resolved in the matter.

            RECESS AND REASSEMBLY

            At 11:30 a.m., the Chairman announced 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.

            The Board reconvened at 1:30 p.m.

            BONDS

            Felicity A. Hyde, President of F. A. Hyde & Associates, Inc., appeared before the Board and presented a proposal to refinance the outstanding Lake County Bonding Indebtedness.  She outlined the qualifications of her company and the savings the County would experience.

            Ms. Hyde asked the Board’s permission to hear Mr. Virgil Sosby, Representative of Robinson-Humphrey Underwriters in Atlanta after the rezoning hearings.

            PLANNING AND ZONING

            REZONING CASE 22-78-5 – JAMES POWELL FROM RMRP TO RM OR R-1-5

            No one appeared before the Board regarding this case.  On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Board and approved the rezoning to R-1-5.

            CUP 515A-5 – ROBERT LENHOLT – CUP IN A

            No one appeared before the Board regarding this case.  Discussion was held on Section 6C in the CUP.  It was requested that the word PREVENT in this section be changed to FACILITATE.

            On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Board and approved the CUP as amended above.

            CUP 609-4 – JOHN GILES – CUP IN A

            No one appeared before the Board regarding this case.   On a motion by Commr. Windram, seconded by Commr Burhans and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the CUP was approved.

            CUP 345A-4 – JAMES JONES – CUP IN R-1-7

            No one appeared before the Board regarding this case.  On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the CUP was approved.

            REZONING CASE 21-78-4 – VINKO BROJANAC – FROM A TO RM

            No one appeared before the Board regarding this case.  On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning denied.

            REZONING CASE 20-78-3 – JOHN HILLEBRANDT FROM R-1-7 TO RA

            No one appeared before the Board regarding this case.  On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.

            REZONING CASE 23-78-3 – DOROTHY BARTER FROM RR TO R-1-15

            No one appeared before the Board regarding this case.  On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.

            REZONING CASE 24-78-3 – DOROTHY BARTER FROM A TO R-1-15

            No one appeared before the Board regarding this case.  On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.

            REZONING CASE 26-78-2 – MARGARET BLOXAM FROM A TO R-1-5

            Mrs. Bloxam, petitioner, appeared before the Board and asked if there was any way she could divide the property in question and build her home.  Discussion was held.

            Mrs. Roane, resident of the area, appeared before the Board and asked if there was any way a variance or CUP could be issued to enable Mrs. Bloxam to build a home.

            On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the recommendation of Planning and Zoning Board was upheld and the rezoning was denied.

            REZONING 610-2 – STEVE RICHEY – CUP IN A

            No one appeared before the Board regarding this case.  Mr. Willett informed the Board that the petition had been withdrawn.  On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the Board approved the withdrawal of this petition.  Commr. Hoskinson was out for the vote.

            REZONING 25-78-1 – ABC LIQUORS, INC. – FROM RR TO C-2

            No one appeared before the Board regarding this case.  Mr. Willett asked that this be postponed until May 16, 1978.  On a motion by Commr. Burhans, seconded by Commr. Hoskins and carried unanimously, the request for postponement was approved.

            BONDS

            Mr. Virgil Sosby, Representative of Robinson-Humphrey Underwriters in Atlanta, appeared before the Board and explained the process by which Lake County may refinance its Bonds.  Mr. Ford stated his office had reviewed the bonds which were an obligation of Lake County and asked Mr. Sosby what would be done in the case of several bonds which cannot be called before 1980.  He replied that these bonds would not be touched.  Further discussion was held.

            RECESS AND REASSEMBLY

            At 3:10 p.m. the Chairman announced that there would be a five (5) minute recess.

            The Meeting reconvened at 3:15 p.m.

            BONDS

            Mr. Ben Benham, Representative of Southeastern Municipal Bonding Co. appeared before the Board regarding their firm’s proposal for the refinancing of its bonds.  Discussion was held and a decision was reached to appoint Southeastern Municipal Bonding Company, the Fiscal Consultant Agent, to serve at the will of the Board.

            Mr. Ford requested that Southeastern Municipal Bonding Company be written a letter advising them of this decision.

            On a motion by Commr. Deems, seconded by Commr. Windram and carried, the above action was passed.  Commr. Burhans voted no.

            COUNTY EMPLOYEES

            Mr. Van Porter presented the ’78 – ’79 Salary Increase and Employee Benefits Recommendations to the Board for their review in the upcoming Budget Meeting.  Points of discussion were:  Across The Board Increase; Merit Increases; Proposed Holidays, sick leave, annual leave, and funeral leave.

            INSURANCE

            Mr. Porter informed the Board that he had been notified by Mr. Ted Ostrander, Jr., Lassiter-Ware, Inc., of an approximate $9,000.00 refund under the Workmen’s Compensation Coverage.  He asked the Board if they would like the check forwarded or have it applied to an increased premium that the County was notified of.

            On a motion by Commr. Burhans, seconded by Commr. Hoskinson, and carried unanimously, the Board requested Mr. Porter to inform Mr. Ostrander to forward the above-mentioned check to the County.

            APPROPRIATIONS/COUNTY EMPLOYEES

            Mr. Porter informed the Board that he needed approval from the Board for the employment of a Coordinator for the CETA Title 1 Summer Program in the amount of $9,400.00.  On a motion by Commr. Burhans, seconded by Commr. Hoskinson, and carried unanimously, the Board approved employment of an Assistant Coordinator for the CETA Title I Summer Youth Program in the amount of $9,400.00.

            COUNTY BUILDINGS

            Mr. Porter stated that space would be needed for the operation of the CETA Title I Summer Program for the youth.  He asked if it would be possible for CETA to lease from the County space in the former Lake County Detention Center.

            This was referred to Commr. Hoskinson for his review and recommendation to the Board at a later date.

            ACCOUNTS ALLOWED

            Commr. Burhans brought to the attention of the Board that Mr. Haddox, Lake County Extension Director, had informed him that the Soil Laboratory Tech. is in need of a phone.  Discussion was held.  On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board referred this matter to Commr. Hoskinson for his review and gave him authorization to take whatever action necessary.

            OUTDOOR RECREATION FACILITIES

            Commr. Burhans informed the Board that he had a call from Mr. Haddox at the noon break requesting labor at Camp McQuarrie, plus four or five loads of dirt.  On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved for the County to conduct the above-mentioned work subject to it being public lands.

            CONTRACTS AND AGREEMENTS

            Mr. Ford presented to the Board the Contract for approval, which was approved at the April 4th Meeting between Lake County and Florida Georgia Tractor Company, Inc. pertaining to the purchase of a tandem drive motor grader at a price of $46,096.50.

            A Contract between Highland Tractor Company and Lake County, approved April 4th, was presented by Mr. Ford pertaining to the purchase of a 1978 front-end loader at a cost of $54,000.00.

            On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved the above-mentioned contracts as submitted by the County Attorney and authorized the Chairman and Clerk to sign same.

            There being no further business to be brought before the Board, the Meeting was adjourned at 5:20 p.m.

 

_________________________

James R. Carson, Jr., Chairman

 

___________________________

James C.Watkins, Clerk