A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
june 13, 1978
The Lake County Board of County Commissioners convened in Regular Session on Tuesday, June 13, 1978 at 9:00 a.m., in the Board of County Commissioners’ Room, Courthouse, Tavares, Florida. Present were: James R. Carson, Jr., Chairman; C.A. “Lex” Deems; J.M. Hoskinson; Thomas J. Windram, and Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Jennifer Kennedy, Deputy Clerk.
The Invocation was given by James C. Watkins and the Pledge of Allegiance was led by Jennifer Kennedy.
accounts allowed/pollution control
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, purchase authorization was given on the following Pollution Control lab equipment used in the landfill monitoring program:
One 24” Pipette Washer with Basket $ 75.00
One Dispensette, Adj. Titration Tower $145.00
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the County Extension Director’s recommendation that June be declared Dairy Month in Lake County was approved with authorization for signature on the necessary Resolution.
Commr. Carson read a letter from Harvey Cotton, Jr., Executive Assistant to Reubin O’Donovan Askew, Governor of the State of Florida, expressing his pleasure in visiting with our Mr. Robert Lewis, Director of Disaster Preparedness. Mr. Cotton stated, “Mr. Lewis seemed to have a firm grasp on the responsibilities of his department to the citizens of Lake County, and I found his office to be well organized and efficiently prepared.”
The Board requested a copy of the above letter be sent to Mr. Lewis.
accounts allowed/clerk of the circuit court
At this time, Mr. Watkins reviewed his Memorandum dated June 9, 1978, SUBJECT: COMPUTERIZATION OF THE COUNTY FINANCE DEPARTMENT, with the Board.
Mr. Watkins stated he hoped to have the new system in effect come October. He further stated interest was being shown by other municipalities in linking into our system once we have it established. Discussion was held regarding this possibility along with a brief discussion as to where the equipment would be located.
Lengthy discussion occurred regarding the funding of this equipment. Mr. Watkins stated that he would be turning over to the Board Excess Fees in the neighborhood of $120,000. The Board reviewed how certain funds can be spent and expressed the desire to continue to accumulate certain funds, rather than spend them on the above machinery, in an effort to accumulate some excess in the event that particular fund is cut off at any given time, thus allowing them the greatest flexibility with the funds available. It was the feeling of the Board that revenue sharing should be poured back into the roads, and anti-recession funds accumulated since they can cut off, thus leaving the excess fees available to be poured back into the area they are generated from.
On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board approved for an expenditure of $34,758.00 from anti-recession funds, along with $99,185.00 to be taken from Excess Fees, to cover the implementation of the computerization as follows:
On-site consultant for 26 weeks (780 hours) an estimated 216 hours of Bond Anderson’s time at $40.00 plus out-of-pocket cost for travel, lodging, food, etc………$29,800.00.
Digital Equipment Corp., Inc. Agreement to install the following data processing equipment: 1 PDP 11/34 CPU with 128 KB Memory, 1 H9602 Cabinet, 1 K411-LB Programmers console, 2 RK06 14 MB Fixed dish drive, 4 VT 52 Video terminals with numeric keypads, 1 LA300 Printer 300 CPS
Services as follows: 1 CTS 300 Software License, 1 Digital System Budgetary Acct. System, 1 Digital System Accounts Payable System, 1 Digital System Payroll System, 1 Digital System Records Indexing System, 1 Digital System Child Support System, 320 hours of support for educational modification…………..$99,975.00
The above expenditure will enable the finance department to operate in accordance with generally accepted governmental accounting principles as previously discussed at the special Board Meeting of April 25, 1978.
It was further requested that a letter be written to Mr. Gordon Tiffany thanking him for his interest in establishing a cooperative county-city data processing system and informing him we will be most happy to consider his ideas as soon as we have established a routine and are in a position to take on additional workloads.
At this time, the Reverend Terry Jackson, Mr. Don Walsh, Mr. Bert Lacey, Mr. Jack Harlow, and Dr. Fisher appeared before the Board requesting acceptance and adoption of a Resolution regarding the District III Mental Health Board Annual District Plan.
Discussion occurred regarding the fact that at this time the Board’s adoption of the concept of this plan in no way constitutes a financial commitment. It was the feeling of the Board that while they are not pledging monies at this time, should they approve the concept, they will at a later date be asked for financial support. Discussion continued regarding later financial support in the approximate amount of $106,542.00.
On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Board approved the concept of the Lake portion of the District III Mental Health Board Annual District Plan governing mental health and alcoholism services for the county.
At this time, the Chairman read a letter of resignation from Mr. Glenn Middleton, Building Official, effective July 21, 1978. Discussion was held regarding County Policy and time elements involved. Discussion was tabled until later in the day to enable the County Attorney to further investigate.
At this time, Commr. Windram read a letter from the Florida Central Academy, Inc. in Sorrento, thanking the County for the help given in preparing the Academy for the Olympic races and thus enabling the race to be considered “one of the best organized road races Florida has ever seen.”
Commr. Hoskinson informed the Board that Gary Knuckles and Norma Showley would be traveling to Brevard County in a county vehicle for the purpose of meeting with the Brevard Purchasing Department on Thursday, June 15, 1978.
Commr. Hoskinson presented to the Board an informal recommendation regarding the Fire Marshall’s Report and certain deficiencies in the Old Courthouse. Discussion occurred.
On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Board declared an emergency exists and approved for the County to enter into negotiations for a contract with Windale Associates, according to their informal proposal covering Simplex equipment as follows: 10 pull stations, 11 bells, 1 high-level heat detector for furnace, and 12 smoke detectors for ducts, at an approximate cost of $8,991.41.
On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, Mr. Marvin Mincy, Jr. was appointed to fill the vacancy on the Planning and Zoning Commission. His term extends through February 28, 1980.
building codes/county policy
At this time, Mr. Bill Wing, a Wildwood electrical contractor, appeared before the Board to discuss reciprocal licensing between the county and various municipalities.
Mr. Glenn Middleton, County Building Official, was also present and shared his views on reciprocity with the Board.
At this time, Commr. Carson briefly interrupted the discussion to introduce Lt. Gov. Jim Williams who was passing through Lake County and stopped in to say hello.
building codes/county policy
Discussion continued regarding the pros and cons of reciprocity. At this time, Mr. T. Keith Hall, Lake County Tax Collector, asked to be recognized in order that he might state his views for the record. Mr. Hall stated his concern over terms which are being used interchangeably, terms which cannot be used in that manner. He pointed out the great difference between the terms licensing and certification; occupational licensing for revenues, versus the certification for regulatory purposes. He further stressed an Attorney General’s opinion regarding the imposing of occupational licenses and stated he felt Sumter County was in violation of that opinion in that they do impose this extra-territorial tax on contractors. Mr. Hall stressed the point that the terms used are not interchangeable and should not be used as such.
It was the feeling of the Board that Mr. Middleton should call a meeting of the Board of Examiners where this could be discussed at length and a solution brought back to the Board of County Commissioners for approval. Mr. Hall accepted the invitation to be an advisor at these meetings, and Mr. Wing stated he was anxious to reach a mutually acceptable agreement.
At 11:00 a.m. the Chairman announced the advertised time had arrived for the Public Hearing regarding CETA’s Budget. Mr. Harry Spooner, CETA Coordinator, was present to answer any questions the Board might have. Mr. Watkins announced that the proper proof of publication was present; discussion commenced.
It was pointed out that this budget was concerned with the CETA Title III Summer Youth Program for the Fiscal Year beginning October 1, 1977 and ending September 30, 1978. All staff positions, salaries, space, and other necessities to run this program have been previously approved by the Board. Mr. Spooner gave a brief outline of the summer program which starts officially Monday, June 19th, with staffing personnel coming on board the latter part of this week. It was pointed out that all staff is comprised of certified school teachers and the purpose of the program is to provide work for school-aged children. The advantage of the school teachers supervising is that many of them have worked with the children throughout the school year.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board moved approval of the above-discussed Budget in the amount of $253,187.00 to implement the Title III Summer Youth Program.
Under discussion, Commr. Deems clarified the point that the County was the administrator of this program and that there was no violation on the part of school people benefiting from the receipt of funds (it was clear these are not ad valorem monies). The question was called for, passage was unanimous.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, authorization was given to pay the preregistration fee of $36.00 for travel previously approved (June 6, 1978) for Mr. Phil Yoder, Mosquito Control Director, to attend an Aquatic Plant Management meeting in Jacksonville July 9-12, 1978.
Discussion was held regarding the $112,000.00 cost involved in the Blackwater Creek Study, which includes the Helena Run Basin, and which was originally included in the Comprehensive Plan. Commr. Carson pointed out that Soil Conservation would contribute $28,000; USGS $56,000; and Lake County was being asked for $28,000. He pointed out that $20,000 had originally been budgeted.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, Lake County’s share of $28,000.00 was approved with the necessary transfer of funds from contingency. See later action in day.
Mr. Watkins presented to the Board a request for funds from Mr. Robert Dunbar, Executive Vice President, Lake County Chamber of Commerce, dated June 7, 1978, pertaining to the financial activities of the Expo Center, covering a period from December 15, 1977 to the date of the memorandum. Discussion followed.
Mr. Watkins expressed a desire to try to work with the Chamber and requested he be allowed to schedule a meeting with the Board of Directors of the Chamber to make them aware of the problems we have been having.
Mr. Watkins was directed by the Board of County Commissioners to meet with the Chamber’s Board of Directors as well as the Executive Director and request from them their latest audited financial statement of the Chamber as well as an up-to-date unaudited financial statement as of last month. Mr. Watkins was further instructed to tell them that until the problems concerning the rental income for the Expo center have been cleared up, no further funds will be sent to the Chamber.
At this time a tentative schedule for budget Workshops was arrived at as follows: Wednesday, June 14; Wednesday, June 21; Friday, June 23; Wednesday, June 28; Friday, June 30; Wednesday, July 7; and Friday, July 12. Mr. Watkins informed the Board he would be unable to attend the meetings of June 21 and 23. June 28 and 30 were set aside to review salaries.
Mr. Watkins informed the Board that a large number of people had requested July 3rd as an annual leave day. He suggested to the Board they might want to give the employees a day off since it appeared the Departments might have trouble operating on the skeleton staff left.
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried, Monday, July 3rd, was declared a county holiday. Discussion continued. The question was called for with Commrs. Deems and Windram voting “no.”
recess and reassembly
At 12:05 p.m. the Chairman announced the Board would adjourn for lunch at the Silver Lake Country Club. The public and press were invited on a dutch-treat basis. The Board will reconvene at 1:30 p.m.
bids/machinery & equipment
Mr. Knuckles, County Purchasing Agent, appeared before the Board requesting permission to advertise for bids a bulldozer, 180-200 H.P., for landfill use. There will be a trade-in and approximately $17,000 in state monies is available. This is budgeted and HRS has to approve the specifications before it is put out to bid.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, by those present, authorization was given to advertise for bids, on a total-cost basis, the above bulldozer.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously by those present, authorization was given to purchase culvert pipe from Palm Beach Tank and Culvert Company in the amount of $865.34. Mr. Knuckles had received quotations from two other manufacturers, with Palm Beach offering the best price.
Commr. Deems expressed concern that county policy was not being followed regarding purchasing requests. He asked that a memorandum be sent to all Department Heads reminding them that all requisitions should be cleared through their liaison commissioner first. Once they receive authorization, the entire matter should be referred to the County Purchasing Department, Mr. Knuckles will handle all negotiations with manufacturers and return to the Board of County Commissioners for final cost approval. The Department Heads should not be negotiating and arriving at figures and notifying Mr. Knuckles by carbon copy of where to purchase items.
Commr. Carson brought to the attention of the Board that figures were incorrect in action taken earlier in the day regarding the Board’s participation in the Blackwater Creek Study. Discussion followed.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, by those present, the Board’s earlier action of authorizing $28,000 for the study was rescinded.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously by those present, authorization was given in the amount of $14,000.00 as the Board of County Commissioners’ share.
Mr. Watkins brought to the attention of the Board that the tapes and minutes of May 2, 1978 reflect a figure in the range of $115,000 as the contract price awarded to Superior Asphalt. There was a typographical error in the figures originally presented to the Board and the correct figure, as later presented in the contract and signed by the Chairman, was in the $117,000 range.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously by those present, United States Fidelity and Guaranty Company’s check in the amount of $8,911.00 was accepted from Lassiter-Ware Inc., reflecting a refund because of our low loss ratio on workman’s compensation for the year 1976-1977.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously by those present, authorization was given for a transfer of $41.00 from the DWI School reserve of Contingency fund to refund the pre-paid portion of the fee of Ernest Woodall who has been released from attending DWI School due to bad eyesight.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously by those present, the following Contractor Bonds were approved:
1000-78 Dennis M. Hillard dba Par Plumbing Company
1407-78 Paul R. John dba Tanbark Construction
1408-78 Joseph R. Atkins
1439-78 Coleman Vighone dba Sun Country Electric
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously by those present, admission of Ernest William Ramirez and Wilbert Bunkley to the A.G. Holley State Hospital was approved.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously by those present, payment was approved in the amount of $2,000.00 for State Trial Witnesses, Insolvent Defense Witnesses, and Special Court Order Witnesses, Spring Term of Circuit and County Court which convened May 1, 1978.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously by those present, the Traffic-Criminal Distribution of Revenue Reports for May 29-31 and June 2nd, 1978, were accepted.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously by those present, the Youth Programs, Inc., Status Report for April, 1978, was accepted.
licenses and permits
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously by those present, Marsha Lynn Newman’s application to obtain an astrology license was approved.
Commr. Carson informed the Board of a Petition he had received from residents along Bird Island Drive requesting the posting of the Drive name at the corner. This request was referred to Mr. Andrew to investigate and bring back to the Board.
zoning violation zv-78-34 – mr. frank adams
No one appeared before the Board regarding this case. On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously by those present, the case was dismissed upon the recommendation of Commr. Carson and Mr. Robert Andrew, County Engineer.
zoning violation zv-78-44 – mr. o.m. lee
No one appeared before the Board regarding this case. Upon an inspection on June 6, 1978 showing the violation cleared, the Planning Department recommended this case be dismissed. On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously by those present, the recommendation of the Planning Department was upheld.
zoning violation zv-78-48 – mr. andrew sabo
Mr. Sabo was present to discuss his case with the Board. Lot owners #1 and #96 (Mrs. Dickson and Mrs. Boji) were also present, and during the discussion it was stated that Mr. Sabo’s dock was obstructing access to the canal. Discussion continued.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously by those present, the Board found Mr. Sabo in violation, declared the violation a public nuisance and advised him that he had 30 days to comply with Zoning Ordinance 71-6.
zoning violation zv-78-54 – mr. o.c. martin
Mr. O.C. Martin appeared before the Board regarding this case. On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously by those present, the Board found Mr. Martin in violation, declared the violation a public nuisance and gave him 90 days in which to dispose of the excess golf carts he has and discontinue his operation as it has been running.
zoning violation zv-78-55 – mr. howard price
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. Price in violation, declared the violation a public nuisance, and gave him 30 days in which to comply with Ordinance 71-6 and 70-1.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously by those present, approval was given to Mike Willett, Planning Director, to travel in a county-owned vehicle to Tallahassee for one day to attend DER meetings regarding the 201 and 208 Plans.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously by those present, tuition costs in the amount of $121.00 were approved for Nancy Cox, Planning Department, to enroll in a Quantitative Methods course at Jones College in Orlando.
At this time, Commr. Deems brought to the attention of the Board the Change Order to Block Grant B77-DN-12-0045 in the Southeast Umatilla area. The changes in the amount of $10,806.10 were previously approved at the May 16, 1978 meeting and therefore the motion on the tapes was not necessary for the issuance of the monies.
Brief discussion regarding the request of a Mr. Lebhler to have sidewalks installed (he would supply the materials) along Belaire and Laurel Drives.
It was requested that this request be referred to Mr. Andrew. It was the feeling of the Board that a letter should be written stating that the request did not conform with our policy at this time, thank the man for his offer, and add that possibly the request would be reconsidered at budget time.
Commr. Carson read a letter from the Department of Community Affairs informing us of a complaint from the Florida National Black United Fund, Inc. regarding our turning down their request for certain projects at our May 9, 1978 meeting. Discussion occurred.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously by those present, the County Attorney was instructed to meet with Harry Spooner, CETA Coordinator, and respond to the complaint. Commr. Carson requested that in the response it be noted that he never met with Executive Director, the Rev. Jack Mitchell, of the Florida National Black United Fund. Rev. Mitchell stated in a letter to Earnest Urassa, Program Administrator of Manpower Planning, that he had met with “the Chairman of the Lake County Commissioners concerning our involvement in the CETA Program, he was totally insulting.” Commr. Carson stated he would like it in the record that he has never met the man.
county employees/building department
Discussion continued from earlier in the day regarding Mr. Glenn Middleton’s resignation.
Commr. Burhans moved that a letter be written to Mr. Middleton accepting his letter of resignation and commending him for his many years with the County.
Under discussion, it was the feeling of the Board that policy had to be followed regarding the time element involved, in that they did not want to set any precedents. It was Commr. Windram’s feeling that a letter should be sent to Mr. Middleton stating that our Personnel Policy requires immediate resignation, but in view of the fact of his job classification and the time element involved in seeking a replacement, we are varying from this policy in the best interest of the county.
Commr. Windram seconded Commr. Burhans motion to accept the letter of resignation effective July 21, 1978. Discussion continued regarding the non-conforming to county policy. It was suggested that if action were tabled until the next meeting, June 21, 1978, all policies would be adhered to and no precedents would be set. Mr. Watkins said he would be happy to explain to Mr. Middleton the reason for the delay. All further action was tabled.
suits AFFECTING the county
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously by those present, Mr. Ford’s request for authorization for the Chairman to sign interrogatories pertaining to the suit involving the Sumter County Sheriff’s Officer was approved. Mr. Ford stated that Travelers Insurance would be added as another possible insurance carrier in the case.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously by those present, authorization was given, subject to the County Engineer’s okay, to sign the Savings Withdrawal slip in the amount of $56,583.68 regarding the escrow account on Village Grove IV.
There being no further business to be brought before the Board, adjournment was at 3:50 p.m.
James R. Carson, Jr., Chairman
James C. Watkins, Clerk