A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
july 11, 1978
The Lake County Board of County Commissioners convened in Regular Session on Tuesday, July 11, 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 Commr. Deems and the Pledge of Allegiance was led by Commr. Windram.
minutes
On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the June 6, 1978 Minutes were approved as amended.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the June 13, 1978 Minutes were approved as amended.
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the June 20, 1978 Minutes were approved as amended.
appointments
Commr. Deems brought to the attention of the Board that evidently Ray Robbins had never “officially” been reappointed to the Planning and Zoning Commission when his term expired February 28, 1978.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, it was requested that a letter be written to Mr. Robbins reappointing him to the term he is presently serving on the Planning and Zoning Commission. This term will expire February 28, 1980.
accounts allowed/agriculture center
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, Jackson Haddox, County Extension Director III, was authorized to attend the National Association of County Agricultural Agents meeting in Boise, Idaho, where he will receive a distinguished service award. Total cost for the trip is $654.00.
resolutions/water authority
Commr. Carson presented to the Board for their review a Resolution Determining Speed Limits under consideration by the Oklawaha Basin Recreation and Water Conservation and Control Authority. It has been suggested the Board might like to take similar action. It was requested the Clerk notify Mr. Duncan, thank him for the Resolution and inform him we have it under consideration and will be taking action within thirty (30) days.
recess
At 9:30 a.m. the Chairman called a brief recess. The Board reconvened at 10:05 a.m.
roads/permission to advertise
Mr. Jeff Ray was present to discuss his request for permission to advertise for vacation a portion of Pineway Court in the Tavares Manor subdivision.
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, approval was given to advertise the Pineway Court vacation for Public Hearing on August 8, 1978 at 10:00 a.m. or as soon thereafter as possible. It was pointed out to Mr. Ray that the feeling of the Board was such that they would be more receptive to the vacation if an easement were given to allow access to the property owner of Lot 10.
roads/permission to advertise
Ms. Marybeth Pullem was present to discuss a request for permission to advertise for vacation a 60 foot County road right-of-way, West of the Apopka Canal in Sections 15, 22, and 23, Township 20, Range 26.
Discussion was held regarding Ms. Pullem’s client’s desire to not have the uses of his land limited by this unused proposed connector between the Astatula Road and Hwy 448. It was the feeling of the Board that while the right-of-way originally posed the possibility of a connector road, it was highly unlikely at this time as a road project. The Board further felt that they should hear from concerned residents who may still be desirous of such a road.
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, permission to advertise for a Public Hearing on the above road right-of-way was approved for August 8, 1978, 10:00 a.m. or as soon thereafter as possible.
The Board postponed action on requests for permission to advertise for vacation for Reeve Street in Sorrento and three unnamed streets in Higley Subdivision to enable Bob Andrew, County Engineer, to visit the areas and report back to them.
appraisals/accounts allowed/clay pits
Discussion was held regarding the possible purchase of a clay pit at #5-8134 and C-452 (20 acres) at a cost of $1,600.00 per acre.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Clerk was authorized to notify the County Attorney to proceed with whatever steps are necessary, whether it be an appraisal or perhaps an Estimate of Value, to enable the County to purchase this land.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, authorization was given to pay $1,790.00 to Florida State Engineers for auger borings, mobilization, analysis and reporting on the above land. The report revealed that there are approximately 400,000 cubic yards of clay available.
accounts allowed/county roads
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, approval was given pending Mr. Cox’s signing a maintenance agreement escrow, to release $48,333.99 to Basic Asphalt and Construction Corp. from the Village Grove – Phase I escrow account. The approval for the Chairman’s signature was also given after assurances the escrow account balance would be in order. The above motion also accepted the following roads into the County Maintenance System and assigned numbers as follows:
Village Lane #4-4663 Stratford Lane #4-4663A
Foxboro Court #4-4663B Calgary Lane #4-4662
Durham Court #4-4662A Amherst Lane #4-4662B
bonds
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried, the following Contractor Bonds were approved:
786-78 Robert F. Turner dba Leesburg Painting & Decorating
1411-78 Ross Paul (Plumbing)
Commr. Burhans was out for the vote.
reports
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board accepted the Traffic-Criminal Distribution of Revenue Report covering June 30, 1978.
Commr. Burhans was out for the vote.
checks received
On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the following voter registration list checks were received from the Supervisor of Elections’ Office:
Jack Eckerd Campaign Account $134.50
Richard H. Langley Campaign Account 2.25
Cal DeVoney Campaign Account 47.20
Vince Fechtel, Jr. 22.42
Charles Joseph Knowles 25.00
E.A. Ned Johnson 47.50
outdoor recreational facilities/maps
Commr. Carson read a letter from Mr. C.E. Heppberger, President, Lake Improvement Association, Inc., urging consideration of Fishermen Funds to obtain a topographical map from Hall-Farner & Associates, Inc. (land surveyors) at a cost of $500- $600. Once the maps are obtained, the feasibility of establishing black bass minnow rearing ponds in that specific area covered by the maps could be considered.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, it was approved, provided we can get permission from the Game and Fish Commission to use Fishermen Fund monies, to obtain topographical maps from Hall-Farner & Associates, Inc., not to exceed $600 for county-owned land west of the Leesburg Airport, west of Knight Farms, east of the junction of Highways 44 and 441 on the south side of 441.
public hearing
At this time, the Chairman announced a brief postponement on the 11:00 a.m. Pine Avenue Road Closing.
county employees/agricultural center travel
Commr. Burhans brought to the attention of the Board the fact that Charles E. Rowan wished to go on an educational tour of beef cattle operations throughout Amarillo and Lubbock, Texas, with other Farm Bureau members.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the above tour was approved at no cost to the county. Expenses are being taken care of by the Farm Bureau and the tour is from August 1, 1978 – August 5, 1978.
road closing
At 11:05 a.m., the Chairman announced the Pine Avenue vacation in Sorrento would be discussed. The Clerk stated the proper proof of publication was on hand and is as follows:
That part of Pine Avenue lying between Church on the West and Vine Street on the East according to the Main Division of Sorrento, Lake County, Florida, as recorded in Plat Book One, Page 32, Public Records of Lake County, Florida.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the above road vacation was approved.
courthouse
Discussion was held regarding the changes in the Sheriff’s and Public Defender’s offices. Commr. Hoskinson reported on the Building Committee’s findings: we could contract the work either at a 1) cost plus contract percent basis, or 2) cost plus fixed fee basis, or 3) contract at $86,416.00. Discussion was held regarding which would be the best route to take considering the cost was an unknown at this time, estimated at a high ceiling of $78,000.00. It was pointed out that if the changes were treated as a change order to the original contract, the same subcontractors would have to be used which very well may run the cost up, since they would have to be brought in from Orlando or farther for very minor jobs.
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the attorney was authorized to draw an Agreement to enter into a Contract with P & C Thompson Bros. Construction Co. to make additional changes and complete certain areas of the New Courthouse on the basis of cost, plus an $11,500.00 fixed fee to cover general and administrative overhead and profit.
recess and reassembly
At 11:25 a.m. the Chairman announced the Board would adjourn for lunch, with members eating separately since they all had errands to run. The Board reconvened at 1:30 p.m.
meetings
The Board members were invited to attend an Insurance Committee Meeting to be held on Thursday, July 13, 1978, 1:30 p.m., in the Conference Room.
bids
On a motion by Commr. Windram, seconded by Commr. Burhans and carried, the Board awarded the Liquid Asphalt contracts as follows:
Through 10-15-78 RS Type #2, Mariani Asphalt at .3541/gal.
Through 1-15-79 RC Type 70, Belcher Oil at .4023/gal.
Commrs. Deems and Hoskinson were out for the vote.
It was felt that the above best suited our needs at the least expense to the County. Total bids received are as follows:
Through 10-15-78: RC Type 70 RS Type #2
Central Oil Asphalt No Bid .3702/gal
Mariani Asphalt .4074/gal. .3541/gal.
Through 1-15-79: RC Type 70 RS Type #2
Mariani Asphalt .42741/gal .3741/gal
Belcher Oil .4023/gal No Bid
accounts allowed/mosquito control
Discussion was held regarding funds which are available for use for the purchase of a truck in the Aquatic Weed Division of Mosquito Control.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, Mr. Knuckles, Purchasing Director, was instructed to purchase a four-wheel drive truck at the best possible price.
courthouse
Discussion was held with Mr. Knuckles regarding quotations received on cleaning the façade of the Old Courthouse. Mr. Knuckles was instructed to draw up specs on the job and review them with Commr. Hoskinson.
civil defense
On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, Commr. Carson’s previous action of signing an Agreement between Florida Power Corporation and Emergency Medical Services was ratified. This Agreement allows the County, at no cost, to use Florida Power’s tower for the EMS Radio for South Lake Hospital.
zoning violations
zoning violation zv-78-59 – mr. james pell
No one appeared before the Board regarding this case.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the recommendation of the Zoning Department was upheld and Mr. Pell was declared in violation and granted 30 days in which to comply with Ordinance 70-1.
zoning violation zv-78-60 – mr. dave smith
Since the County Attorney had momentarily stepped out of the meeting, the Chairman postponed this hearing to the end of the Agenda.
zoning violation zv-78-61 – mr. john p. morgan
No one appeared before the Board regarding this case.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the recommendation of the Zoning Department was upheld and Mr. Morgan was found in violation and granted 30 days in which to come into compliance with Ordinance 70-1.
zoning violation zv-78-63 – mr. leeland jackson
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, this case was dismissed upon the recommendation of Mr. Willett, Director of Planning, because the violation had been cleared.
zoning violation zv-78-67 – mr. george pifers
No one appeared before the Board regarding this case.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Zoning Department’s recommendation was upheld and Mr. Pifers declared in violation and granted 30 days to comply with Ordinance 70-1.
zoning violation zv-78-68 – mr. dennis witt
No one appeared before the Board regarding this case.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, Mr. Witt was found to be in violation and granted 30 days in which to comply with Ordinance 70-1.
zoning violation zv-78-71 – mr. denver mccall
No one appeared before the Board regarding this case.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, Mr. McCall was declared in violation and given 30 days to come into compliance with Ordinance 70-1.
zoning violation zv-78-60 – mr. dave smith
At this time, since the property owner who was present had no objection, this case was postponed until Mr. Ford rejoined the meeting.
meetings
The Board was reminded of their Budget Workshop scheduled for Friday, July 14, 1978, 9:00 a.m.
courthouse
A request for additional phone services was brought to the attention of the Board.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, this matter was referred back to the Building Committee for further study, with additional recommendations to be returned to the Board.
zoning violation zv-78-60 – mr. dave smith
Mr. Neely Dillon, property owner of the parcel on which the violation exists, was present with his attorney, Mr. Merritt.
There was some question as to a legal opinion, and Mr. Ford suggested that this case be continued to August 8, 1978 to allow him time to further research.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, ZV-78-60 was continued to August 8, 1978, 2:00 p.m. or as soon thereafter as possible to allow further legal research.
resolutions
At this time, Christopher Ford brought to the attention of the Board a motion was needed to amend a previous Helpline Resolution which stated 10% would be cash, when in reality it should have been 100%.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the above amending Resolution was authorized.
ceta
Discussion was held regarding a letter from the Department of Community Affairs regarding the Florida National Black United Fund Inc.’s grievance against the Lake County CETA Program.
At 3:00 p.m. a brief recess was called to enable the Attorney to call the Department of Community Affairs for additional information regarding their request for the name of our representative who will attend the grievance hearing.
The Board was called back to order at 3:25 p.m.
On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, it was decided that Mr. Evan Porter, Personnel Director, would represent us at the grievance hearing, with Commr. Carson available as a witness, as well as the county attorney and Harry Spooner, CETA Coordinator, if necessary.
There being no further business to be brought before the Board, adjournment was at 3:40 p.m.
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James R. Carson, Jr., Chairman
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James C. Watkins, Clerk