A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
DECEMBER 19, 1978
The Lake County Board of County Commissioners convened in Regular Session on Tuesday, December 19, 1978, at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Courthouse, Tavares, Florida. Commissioners present were: James R. Carson, Jr., Chairman; C.A. “Lex” Deems; Glenn Y. Middleton; 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 he Pledge of Allegiance was led by Commr. Middleton.
AGRICULTURE CENTER/COUNTY EMPLOYEES
Mr. Jackson A. Haddox, County Extension Director, III, appeared before the Board to recommend the employment of William Harold Bodnaruk, Jr., for the position of County Extension Agent I, Ornamental Horticulture, effective February 2, 1979, pending cooperative approval of the Board of Regents.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved for Mr. Bodnaruk, Jr., to be hired, effective February 2, 1979, at a salary of $13,100.00 (County - $5,080.00; State/Federal - $8,020.00) with a travel allowance of 14 cents per mile up to $1,200.00 annually.
minutes
On a motion by Commr. Burhans, seconded by Commr. Windram
and carried unanimously, the December 12, 1978, Minutes were approved as
amended with the exception of the section of Page 7, CONTRACTS AND
AGREEMENTS/ROADS.
CONTRACTS AND AGREEMENTS/MVI
Commr. Deems stated that Mr. Knuckles, Purchasing Director, had obtained quotes regarding MVI uniform service. Discussion occurred.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved to contract with National Linen Service, a two-year contract for five (5) shirts or smocks per week per employee at 40 cents each or $2.00 per week.
bonds
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the following Contractor Bonds were approved:
285-79 Isabelle Ruser dba Ruser Floor Service
1400-79 Darwin R. Stephan (Building)
1494-79 Turnage Electric Service
1517-79 James A. Dolan (Electrical)
1673-78 Virginia K. Walker (Masonry)
1723-79 O. F. Hubrecht (Master Plumber)
The same motion above approved the cancellation on 1067-78 William Sippel.
reports
On a motion by Commr. Middleton, seconded by Commr. Deems and carried unanimously, the Board acknowledge receipt of the December 8, 1978, Traffic-Criminal Department Distribution of Revenue report.
checks received
On a motion by Commr. Windram, seconded by Commr. Middleton and carried unanimously, the Board accepted the following checks received in Mrs. Stegall’s office for voter lists:
$3.23 from Campaign Account of Chuck Doyle
$3.23 from Campaign Account for Manuel P. Adams
reports
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the October, 1978, Status Report for Youth Programs, Inc.
funds/tranSFER
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved all budget transfers as submitted and as follows, with the exception of Water Resources, which Mr. Watkins stated he would double-check:
general revenue fund
Clerk of Circuit Court – Management & Recording
Transfer $3,000.00 from Contingency to acct. #2-16.346
“Maintenance of Equipment”. Reason: Eastman Kodak
Maintenance Agreement not budgeted.
Transfer $1,000.00 from Contingency to acct. #2-16.640
“Equipment”. Reason: Overexpended.
Elections
Transfer $1,300.00 from acct. #13-19.342 “Rental” to
acct. # 13-19.113 “Personal Services”. Reason: Overexpended.
Transfer $225.00 from acct. #13-19.333 “Transportation” to
acct. #13-19.346 “Maintenance of Equipment”. Reason:
Overexpended.
Local Landfill
Transfer $100.00 from acct. #28-34.367 “Advertising” to
acct. #28-34.329 “Travel & Per Diem”. Reason: Overexpended.
Water Resources
Transfer $2,750.00 from Contingency to acct. #42-37.802
“Investigations”. Reason: Survey costs underestimated.
Planning Department
Transfer $204.00 from Contingency to acct. #24-24.346
“Maintenance of Equipment”. Reason: Insurance proceeds
Received in 77-78 budget year; repairs made in current year
but not budgeted.
Aquatic Weed Control
Transfer $100.00 from acct. #45-37.640 “Equipment” to
acct. #45-37.346 “Maintenance of Equipment”. Reason:
Overexpended.
Pollution Control
Transfer $3,200.00 from acct. #46-37-383 “Chemicals” to
acct. #46-37.386 “Laboratory Operations”. Reason: Creation
of a new line item.
CETA Title I Fund
Transfer $1,695.00 from acct. #85-51.113 “Wages” to acct.
#81-51.124 “Workmen’s Compensation”. Reason: Overexpended.
Transfer $3,500.00 from acct. #85-51.113 “Wages” to acct.
#84-51-124 “Workmen’s Compensation”. Reason: Overexpended.
CETA Title III Fund
Transfer $1,070.00 from acct. #85-51.113 “Wages” to acct.
#81-51.124 “Workmen’s Compensation”. Reason: Overexpended.
Transfer $700.00 from acct. #85-51.113 “Wages” to acct.
84-51.124 “Workmen’s Compensation”. Reason: Overexpended.
accounts allowed/courthouse
Mr. Watkins stated that part of the Building Committee’s recommendation regarding the relocation of the Civil Defense offices was omitted at a prior meeting. Discussion was held.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, authorization was given for renovation costs, not to exceed $1,000.00, for the 2nd floor of the Old Courthouse. It was decided that the Building Department would move into the old Civil Defense offices, with some Planners occupying the then vacant Building Department.
surplus
Discussion was held regarding the Lake County Historical Society’s request for used wire to fence the Lottie Taylor house in Eustis.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board declared surplus some hog wire presently stored in the Umatilla Barn and authorized its transfer to the Historical Society, in view of the fact the county has no use for it.
communications
Commr. Carson read a letter from Volusia County requesting the Board consider petitioning the state to establish speed limits in the St. John’s River.
The Clerk was authorized to respond to the Volusia County letter acknowledging problems do exist and requesting a copy of their proposal, at which time Lake County will consider similar action.
funds-transfer
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Water Resources transfer previously held was approved.
checks received
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of a $301.43 check from The Hartford for payment on a vandalism loss claim on Northwest Dragline #21062.
ordinance
Mr. Ford, County Attorney, presented an Ordinance to the Board regarding waterway speed limits.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board authorized the advertising for consideration to adopt this ordinance regarding the operation of vessels and motorboats upon the waterways of Lake County.
contracts and agreements
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, signature authorization was given regarding the contract between the Department of Natural Resources and Lake County for a control program for Aquatic Weeds.
ordinance
At 10:00 A.M. the Chairman announced the advertised time had arrived to consider the adoption of an ordinance.
It was noted that the proper proof of publication as on file and had appeared in the December 1, 1978, issue of the Leesburg Commercial.
Discussion occurred in which two typographical errors were corrected as well as “Permitted Home Occupations –“ changed to “Home Occupations which may be permitted”. No public was present to discuss this Ordinance with the Board.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board adopted the above ordinance, as amended, with title as follows:
AN ORDINANCE AMENDING THE ZONING REGULATIONS OF LAKE COUNTY, FLORIDA, ORDINANCE 1971-6, AS AMENDED TO DATE, PROVIDING FOR A HOME OCCUPATION IN THE RURAL RESIDENTIAL ZONING DISTRICT, AS A USE PERMITTED AFTER A CONDITIONAL USE PERMIT HEARING; DEFINING A HOME OCCUPATION; PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR AN EFFECTIVE DATE.
GRANTS
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, authorization was given for the 1979 Chairman and Vice Chairman (Commrs. Windram and Deems respectively) to sign Community Development Block Grant Signature Cards, as well as Commr. Deems signing a Certification Sheet. The above-motion also authorized the Clerk’s signature where necessary.
contracts and agreements
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, signature authorization was given on the Community Development Block Grant Rehabilitation Contract between Andrew Lee and Barbara Ann Haywood – S.E. Umatilla - $933.00 participatory contract.
Discussion was held regarding the contract with Mary E. Dick and/or Dorothy McFaul, her daughter, in the Dona Vista area at $3,409.00. Commr. Burhans asked that no action be taken at this time to allow him time to verify the mother is occupying the house.
APPRAISALS
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, authorization was given to sign an Agreement of Terms and Conditions for Final Appraisal between the Board of County Commissioners and Sam Cook, MAI, in the amount of $1,800.00, for Community Development Block Grant park site acquisition, previously approved. The Agreement further stipulates if parcels are added or more appraisal work is asked for by the Board, the fee will be $200.00 per day.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, authorization was given for signature regarding an Agreement for Acquisition Appraisal Review Services by the Lake County Property Appraiser, as required by the Federal Government, to verify fair market value of the above appraisal.
bonds
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, authorization was given the Chairman to sign letters releasing Roger P. Hanna and Charles Kreider from all obligations set forth in their mobile home agreements dated April 4, 1978, and November 14, 1977, respectively. Mr. Hanna has completed his house and removed the mobile home; Mr. Kreider never followed through on his original plans.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, authorization was given the Chairman to sign a letter releasing Dorene Poe from her mobile home Agreement dated April 11, 1978, as she no longer wishes to build a conventional structure and has obtained a permit for her mobile home to remain.
contracts and agreements/ceta
Mr. Van Porter, Personnel Director, appeared before the Board regarding his notification by the State that CETA is violating regulations in leasing practices with the County. Discussion occurred.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried, authorization was given to cancel all existing leases with CETA. It was decided that the operation of the program would remain status quo to allow Mr. Porter time to do a feasibility study of alternatives. The question was called for. Commr. Middleton voted “No”.
county employees/grievance
Mr. Porter stated he had received a letter from Mr. Virgil Hawkins, attorney representing Annie Riggins, requesting a full hearing before the Board of County Commissioners regarding the firing of his client. Discussion was held regarding an appropriate time. Commr. Deems suggested the Board hear the grievance at 3:30 P.M. today; Mr. Watkins pointed out that the verbatim transcript of the prior hearing had not been transcribed. Mr. Ford stated he felt it might be helpful for the Board to have this transcript.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, it was decided to have Mr. Hawkins appear before the Board on January 2, 1979, at 11:00 A.M.
county policy
Brief discussion was held regarding the vacation policy adopted by the Board on November 7, 1978. To facilitate bookkeeping the adopted policy was amended regarding those previously given 15 days—to read 15.2 days.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the following vacation policy was adopted for County employees who work a 37.5 hour week:
1-3 yrs . . . . . . . . . . . .12 days. . . . . . . . . . . .7.5 hrs. per month
4-15 yrs. . . . . . . . . . . 15.2 days. . . . . . . . . . 9.5 hrs. per month
16 yrs. And up . . . . . 20 days. . . . . . . . . . .12.5 hrs. per month
roads
A Mr. Jim Robinson, from the Grove Hill area in Eustis, appeared before the Board to request their consideration in extending an additional one-half mile’s maintenance on 5884. Commr. Windram referred Mr. Robinson to the Public Works Department and stated he, too, would check into the road.
landfills
Mr. Ford, County Attorney, briefed the Board on the acquisition of additional land adjoining the Astatula Landfill. Mr. Ford stated the present owners would be interested in the County purchasing an office building in the Winter Park area and then trading the land we desire for the office building. There was also a brief discussion regarding condemnation procedures. Mr. Ford stated that the land had been appraised at $2,000.00 per acre; the owner has counter-offered 60-65 acres at $2,500.00 per acre.
On a motion by Commr. Windram, seconded by Commr. Middleton and carried unanimously, the County Attorney was authorized to establish the usability of the land; and, if useable for landfill purposes, he and Bob Andrew are to secure as much land as possible at the appraised price.
recess and reassembly
At 11:20 A.M. the Board recessed for lunch at the Golden Corral in Eustis; the public and press were invited on a Dutch-treat basis.
The Board reconvened at 2:00 P.M.
petitions
Commr. Carson stated a Petition had been received with 184 names on it requesting a flashing light installed near the Treadway Elementary School. Discussion occurred regarding safety-markings for school zones.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board authorized Mr. Andrew to work through Purchasing in obtaining at least three quotations for the installation of safety school lights for Treadway Elementary School on 473. The quotations should be cleared with the Liaison Commissioner prior to contracting.
Mr. Sonny Bell, a resident of the area, thanked the Board on behalf of those present for the action they had taken.
road closings – lake unity road dr#1-6211
Mr. Wayne White was present to discuss his request for permission to advertise to vacate Lake Unity Road DR#1-6211. Mr. White stated if the County would allow the residents to close this road, which the county now maintains, it would be a savings to the County, as well as help the residents in eliminating several local problems created by the position of the roadway. Mr. White stated it is his intent to build a replacement road to take the place of the one the County will close. Lengthy discussion occurred regarding serious problems the Board feared Mr. White may encounter in building a road where he proposes.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, and upon the advice of the County Attorney, the Board approved for Mr. White to advertise for the closing of Lake Unity Road DR#1-6211, provided he obtains the necessary legal description, with the understanding that the Board is under no obligation to close said road. It is the intent of the Board at the time of the Public Hearing to either 1) deny the request should enough opposition warrant it; or, 2) postpone further action to allow Mr. White to proceed with his plans for constructing his roadway.
licenses and permits
On a motion by Commr. Windram, seconded by Commr. Middleton and carried, the following Utility and Driveway Permits were approved as follows:
PERMIT # PERMITTEE PURPOSE RD #
1099 Florida Telephone Corp. Buried Cable 2-2427
2000 Florida Telephone Corp. Buried Cable S-439
2001 Florida Telephone Corp. Buried Cable C-44A
2002 Florida Telephone Corp. Buried Cable S-437
2003 Florida Telephone Corp. Buried Cable 1-4636
2004 Florida Telephone Corp. Buried Cable S-452
2005 Florida Telephone Corp. Buried Cable C-452A
2006 Florida Telephone Corp. Buried Cable & 1-5410 & 11
Sub-Grade Crossing
2007 Florida Telephone Corp. Buried Cable & 1-5509 &
Sub-Grade Crossing 5411
2008 Florida Telephone Corp. Buried Cable & 1-5412 &
Sub-Grade Crossing 5510
2010 Florida Telephone Corp. Buried Cable 4-5258
2011 Florida Telephone Corp. Buried Cable & 5-7528
Sub-Grade Crossing
2012 Florida Telephone Corp. Buried Cable S-19A
5-401 Sumter Electric Coop., Inc. Distribution Line C-44A
DRIVEWAY PERMITS
3-429 Juredith A. Bruno 3-1860
4-430 Platt Construction Inc. 4-4265
3-431 Walter Deihl 3-4138
3-432 Don L. Morris C-448A
2-433 C. Dayton Kurtz C-470
3-434 James K. Rogers Vinola Gardens
Commr. Carson abstained from voting because he is a member of the Board of Directors of the Florida Telephone Corporation.
roads
On a motion by Commr. Windram, seconded by Commr. Middleton and carried unanimously, the Board accepted the following roads in Dora Pines Subdivision into the County-Maintained System and assigned the following numbers:
Dora Pines Rd. #4-4580A
Erica Lane #4-4580B – Dora Pines Rd. to Karen Drive
Karen Drive #4-4580C
The above-motion also accepted a maintenance bond at 10% of the cost of new construction plus the amount it will cost to put 1” of asphaltic concrete top on Dora Pines Road.
road closing/right-of-way in groveland farms
Mr. Andrew stated he had been contacted requesting permission to advertise for the vacation of a right-of-way in Groveland Farms.
On a motion by Commr. Middleton, seconded by Commr. Windram and carried unanimously, the Board approved for the above right-of-way to be advertised for vacation as amended per Mr. Robert Andrew, County Engineer.
deeds/road closings/pineway court
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board accepted the Grant of Easement from Brooke and Melanie M. Goulder and Bettye B. Ray to Molloy C. Vaughn, Jr., and Geraldine M. Vaughn with regard to the Pineway Court Road Vacation approved at the September 19, 1978, Meeting. It is understood this Easement is to be recorded with the vacation Resolution.
easements
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board accepted an Easement Conveyance and Permanent Easement from Sun Country Builders of Florida, Inc., to Lake County with respect to Lenora Park Subdivision.
deeds/bids
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board accepted the following Sleepy Hollow Road Deeds:
Mattie Alexander; Ernest Thompson; Vasco Thompson, Jr.; Ruth T. Hill (also known as Ruth Montgomery); Mary S. Thomas Harris and John W. Harris, her husband; Nadine D. Varner; Alice B. Reeves and Harriet B. Hill, as joint tenants; BAW, Inc., a corporation; Roland J. Fuchs and Elizabeth Fuchs, as joint tenants with right of Survivorship; and Crestview Groves, Inc.
The above motion also authorized the Engineer to advertise for bids in connection with acceptance of the above. The estimated cost for resurfacing is approximately $79,000.00.
bids
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, authorization was given to advertise the Community Development Block Grant road construction previously approved in the Dona Vista and S.E. Umatilla area as a Design Build Lump Sum project built to Green Book and County Specifications.
deeds/resolutions
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board accepted a Deed and adopted the Resolution from DOT with respect to right-of-way requirements for a curve safety project on Section 11160-2505, SR-42, Parcel No. 100.
municipalities
Discussion was held regarding the City of Fruitland Park’s request for a flashing light at C-468 and C-466.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the City’s request with the understanding the City would pay for construction and total maintenance.
plats
On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board approved the Preliminary Plat of Somerset Subdivision, Phase II and III, provided the developer pave the clay road to county standards from Lakeshore Drive westerly to the western boundary of Somerset Subdivision, Phase II.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved Kings Cove 1st Addition Subdivision Plat.
contracts and agreements
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the Garbage Collection Franchise Agreement of Elmer E. Bender for Septic Tank cleaning.
policy
Discussion was held regarding minimum requirements on Driveway Permits.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved Public Works’ minimum requirement recommendations regarding Driveway Permits and further made it mandatory that a Driveway Permit be obtained prior to obtaining a Building Permit.
road grading
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, authorization was given Public Works to grade Swan Road for Garland Bartling at 2 hr. grader time for $52.00, on a one-time basis, subject to the funds being received by Public Works prior to any work being done. It is further understood the county will be under no obligation to further maintain this road.
roads/county
Discussion was held regarding Cherry Lake Road. It was the feeling of the Board that this road should be built on the County line between Sumter and Lake on a fifty-fifty cost-share basis.
The County Engineer was authorized to write a letter to Sumter County stating the feelings of the Board and requesting they obtain all rights-of-way as quickly as possible so that we can go to bind on it.
grants
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, authorization was given to Mr. Andrew to send in a grant application for Governor’s Highway Safety Funds.
accounts allowed/public works
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, approval was given for a partial payment to Superior Asphalt Co., Inc. for Project No. 238, Collins Street, in the amount of $43,656.57.
escrow accounts
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the release of $3,063.00, plus interest, to Del Wood from the Lake Dora Oaks escrow account to close it.
deeds
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the release of road reservations from DOT as contained in the following Deed Numbers:
#1020, all but 33’ from centerline of Olive Avenue
#2213, all but 33’ from centerline of Morin St. & Woodward Avenue, Eustis
#1143, all but 33’ from centerline of King St. in Eustis
#1600, all but 33’ from centerline of Ohio Blvd., Eustis
signs
Discussion was held regarding a Ms. Shirley’s request for safety signs in Harbor Shores.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, this request for four signs was approved and referred to Mr. Andrew.
accounts allowed/courthouse
Mr. Gary Knuckles, Purchasing Director, appeared before the Board with two purchase requests.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board authorized the purchase of a hover mower at a cost of $190.00 to be used on the slopes around the courthouse.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board authorized the purchase of a backpack vacuum cleaner at a cost of $212.50.
accounts allowed
On a motion by Commr. Windram, seconded by Commr. Middleton and carried unanimously, the Board approved payment of the following vouchers:
General Revenue............................................................ 642-822
MVI.............................................................................. 33-40
FINE & FORFEITURE................................................. 71-77
COUNTY TRANSPORTATION................................. 165-223
FISH CONSERVATION............................................. 3-5
201 FACILITIES.......................................................... 1
TITLE II ANTI-RECESSION....................................... 9
DWI.............................................................................. 5-7
N.E. HOSPITAL........................................................... 3
SECTION 8.................................................................. 73
HELPLINE................................................................... 2-3
CETA TITLE I.............................................................. 61-83
CETA TITLE II............................................................. 65-88
CETA TITLE III............................................................ 17-22
CETA TITLE VI........................................................... 53-68
CETA TITLE VI PROJECTS........................................ 55-70
There being no further business to be brought before the Board, adjournment was at 4:15 P.M.
_________________________________
James R. carson, jr., chairman
__________________________
JAMES C. WATKINS, CLERK