A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
MARCH 20, 1979
The Lake County Board of County Commissioners convened in Regular Session on Tuesday, March 20, 1979, at 9:00 A.M. in the Board of County Commissioners' Meeting Room, Courthouse, Tavares, Florida. Commissioners present were: Thomas J. Windram, Chairman; C.A. "Lex" Deems; G.Y. Middleton; James R. Carson, Jr.; and Glenn C. Burhans. Others present were: 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. Middleton.
MINUTES
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the March 13, 1979, Minutes as amended and corrected.
Discussion pointed out there appears to be a problem with the terms of Board appointments. It was the feeling of the Board no Commissioner could make an appointment past that Commissioner's term of office. The Clerk's office was directed to investigate this matter further.
COMMUNICATIONS/ELECTIONS
Discussion was held on a Department of Commerce, Bureau of the Census Report, estimating Lake County's population effective July 1, 1977, at 91,795. This report was referred to Mr. Ford for review.
BIDS
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, and upon no objection from those present, the Board postponed awarding the Bid on Project #244, Pine & Washington, until the County Engineer's scheduled time before the Board later in the afternoon.
COUNTY EMPLOYEES/POLICY
On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board transferred the supervision of County mail from the Maintenance Department to the Clerk's Office.
APPOINTMENTS
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, Mrs. Margaret Kelly was appointed to the Planning & Zoning Commission Board, effective March 20, 1979, through February 28, 1981.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, Harry W. Dandridge was named as the final appointment to the Lake County Fairgrounds Advisory Board, serving March 20, 1979, to September 30, 1979.
ANIMAL WELFARE
Discussion was held regarding a mounting horse-boarding bill. Mr. Ford stated he had advised the Sheriff's Department he could see no harm in their trying to negotiate the bill with Mr. Tanner (the man boarding the horses) in view of the fact the bill is not a Board of County Commission bill, but rather the Sheriff's bill, authorized for the purposes of maintaining evidence. It was pointed out this bill would probably eventually reach the Commissioners with the request it be paid out of Fine and Forfeiture Funds. Mr. Ford stated the Sheriff presently was trying to secure a bill of sale for the horses which would enable the County to advertise for sale after a 10-day waiting period.
INSURANCE/MEETINGS
Commr. Carson stated there would be two insurance meetings: Gulf representatives on Thursday, March 22, 1979, 10:00 A.M; and Siver & Associates, Friday, March 30, 1979, 10:00 A.M.
WATER POLLUTION/WATER AUTHORITY
Commr. Windram stated he had been contacted by Mr. Frank Bouis, Water Authority, requesting permission to meet with the proper local authorities to discuss contamination in our wells and the question of permitting for private wells. Commr. Windram asked for ratification on his approval for such a meeting.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved a meeting between Ted Wicks, Pollution Control; Benny Jones, Health Department Sanitation; Mike Willett, Planning Department; and various representatives from the St. John's Water District.
MEETINGS/TRAVEL/PERSONNEL DEPARTMENT
On a motion by Commr. Deems, seconded by Commr. Middleton and carried, the Board authorized travel for Mr. Van Porter, Personnel Director, to Atlanta, Georgia, to attend a conference on the President's Anti-Inflation Program and the Federal Budget for Fiscal Year 1980. This conference is scheduled for April 5, 1979, with a $12.00 registration fee.
Commr. Burhans was out for the vote.
FAIRGROUNDS
Commr. Windram stated he had met with representatives from the City of Eustis regarding the leasing of the Fairgrounds. Highlights from the discussion were the City's desire not to interfere with the Fair or the uses the grounds have been put to on a regular basis, along with their desire to obtain additional dry storage for vehicles. Commr. Windram further stated the City would be willing to present a detailed proposal to the Board if they expressed a favorable response to the central idea.
The Board, while showing little enthusiasm for a lease of the total grounds to the City, did express a desire to have the Fairgrounds Advisory Board meet with City officials to discuss their needs. At one point, it was suggested the City propose an Agreement and submit it to the County for consideration; but, upon further discussion, it was decided with an unfavorable feeling of the Board towards total lease, there was no need for the City to go to the trouble of drafting a proposal.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, Commr. Windram was instructed to relay the feeling that it would appear the basic control of the fairgrounds should remain under the Board of County Commissioners, but they have no objection to the City discussing their needs with the Advisory Board.
MOSQUITO CONTROL/TRAVEL/ACCOUNTS ALLOWED
On a motion by Commr. Middleton, seconded by Commr. Deems and carried unanimously, the Board approved for Mr. Philip Yoder, Mosquito Control Director, to attend the annual meeting of the Florida Anti-Mosquito Association in Tampa, Florida, via County automobile, April 22, 1979 - April 25, 1979, at a cost of $105.00, plus $35.00 preregistration.
ROADS - COUNTY, STATE
Brief discussion pointed out the Department of Transportation has obtained all rights-of-way along 19A with the exception of two parcels which they hope to get this budget year with secondary funds.
Commr. Deems expressed his disappointment with the progress being made by DOT on the Lisbon Bridge on SR-44.
REPORTS
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board acknowledged receipt of the March 9, 1979, Traffic-Criminal Department Distribution of Revenue Report.
ACCOUNTS ALLOWED
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, payment of the following vouchers was approved:
GENERAL REVENUE......l775-1952
FINE & FORTEITURE......190-205
COUNTY TRANSPORTATION TRUST......472-528
SECTION 8......169-173
DWI...... 29-32
TITLE II......18
NORTHEAST AMBULANCE......6
FISH CONSERVATION......16
ROAD & BRIDGE SPECIAL ASSESSMENT......8
LEGAL AID......1
CETA TITLE I......186-205
CETA TITLE II......134A-161
CETA TITLE III......42A-44
CETA TITLE VI PROJECTS......169-175
CETA ADMINISTRATION......66-74
INDIGENTS
The preceeding motion approved the following changes to the Indigent List:
ADD: Tex Miller for Louise Johnson - Dist. 1-$50.00
CANCEL: John Baker for Lawrence Christian - Dist. 2-$45.00
CETA
Mr. Van Porter, Personnel Director, discussed the creation of a new CETA employee program directed towards epileptics. It was explained this would involve three (3) employees for a program cost of $19,215.00.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the above-described new program with assurances from Mr. Porter all new programs are monitored so, when review for renewal is made, we are able to determine if we are accomplishing our aims.
AUDITS/CETA/TRAVEL
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved travel for Mr. Ford, County Attorney, and Mr. Porter to Tallahassee, on Friday, March 23, 1979, regarding a CETA audit hearing.
REPORTS
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board acknowledged receipt of the February Youth Programs, Inc., Monthly Status Report.
HOSPITALS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the admission of Govan D. Wright to the A.G. Holley State Hospital.
FUNDS - TRANSFER
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved the following budget transfers:
GENERAL REVENUE FUND
Building
Transfer $1,500.00 from Account 24-24.378 Office Supplies
to Account 24-24.346 Maintenance of Equipment.
Reason: Major repairs were done on Chevy Nova.
Animal Control
Transfer $4,875.00 from Contingency
to Account 33-62.640 Equipment.
Reason: On February 20, 1979, the Board approved the purchase of a pick up which was not previously budgeted.
CHECKS RECEIVED
On a motion by Commr. Middleton, seconded by Commr. Deems and carried unanimously, the Board accepted a $269.61 American States Insurance Company check in payment for damages done to the Building Department's 1975 LTD Ford, County Property #5960, when it caught fire.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board accepted a $482.69 American States Insurance Company check in payment for damages done to the wrecked 1976 Animal Control Ford pickup truck, Property #6210.
NURSING HOME
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved for the Nursing Home rate of Mrs. Mildred Palmer, originally discussed during the February 6, 1979, Meeting, to be increased to $520.00 per month.
CONTRACTS & AGREEMENTS/NURSING HOME
Discussion was held regarding the Florida Department of Health and Rehabilitative Services Agreement covering the Department of Agriculture's Food Distribution program for eligible agencies.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board authorized the Chairman's signature on the Agreement naming Lake Memorial Nursing Home a recipient agency.
CONTRACTS & AGREEMENTS/CETA
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board authorized the Chairman's signature on the Agreement between Lake Data Center, Inc., and the Board of County Commissioners, and Lake County Comprehensive Manpower Services covering the printing of payroll checks for the CETA program.
RESOLUTIONS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Chairman's signature was authorized on the Resolution supporting the application of Tamiami Trail Tours, Inc. d/b/a/ Trailways for expansion of their bus route.
ROADS - COUNTY, STATE
Mr. Ford, County Attorney, stated he had attended the March 19, 1979, Department of Transportation meeting regarding their proposed ruling revising the procedures for transferring functional responsibility for roads, and thus eliminate the requirement of maintenance maps. Mr. Ford stated there was no official ruling yet, we had merely opposed their request to change the present rules. Mr. Ford stated he stressed the fact the roads are prescriptive; and, therefore, they should be described via a survey, regardless of the delay it seems to cause (DOT’s reasoning for discontinuing).
ORDINANCE
At 10:30 A.M. the Chairman announced the advertised time had arrived to consider the adoption of an amending Building Department Rules and Regulations Ordinance, adopting an energy efficient building code. This hearing was in addition to the Hearing of March 13th, 1979, held for the same purposes (see Minute Book 28, Page 594).
The legal notice of this hearing had appeared in the February 26, 1979, edition of the Leesburg/Commercial.
On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Ordinance was placed on the floor for reading by title only.
Commr. Carson read as follows:
AN ORDINANCE AMENDING THE LAKE COUNTY BUILDING DEPARTMENT RULES AND REGULATIONS, ADOPTING AN ENERGY EFFICIENCY BUILDING CODE; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board adopted the above Ordinance #1979-3.
During the above hearing, it was pointed out all municipalities will be adopting some sort of minimum code; our code is the same as the State's with the alternate pages removed and the exemptions left in. No one present had any comment regarding the adoption of this Ordinance.
BONDS
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request of Ronald N. Dye, Emeralda Island Area, District 5, 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 the mobile home will be removed immediately upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners.
On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board approved the cancellation of the mobile home bond of Grover C. Futch, dated November 14, 1978, in that he has decided not to build a conventional dwelling, and the mobile home covered by said bond was never placed on his property.
APPRAISALS/ACCOUNTS ALLOWED/PLANNING DEPARTMENT
Discussion was held regarding a request by the Resource Advisory Committee to appraise approximately 40 acres belonging to M.O. "Buster" Williams, located in the Goose Prairie, which he would like to donate to the County. Discussion pointed out it was felt the property's assessed evaluation was approximately $950.00.
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board authorized Mr. Willett to request a copy of Mr. Williams' title policy, which upon review should it appear clear, authorization was given to proceed with an appraisal by an MAI.
MEETINGS
Approval was given on the workshop schedule dates for elements of the County Comprehensive Plan, see end of Minutes for attachment.
ELECTIONS/PLANNING DEPARTMENT
Discussion was held regarding the recent census reports we have received decreasing the county's population. Discussion centered on whether it would be worthwhile, time-and-money-wise, to object to the census reports.
MACHINERY & EQUIPMENT/PLANNING DEPARTMENT
Discussion was held regarding the Planning Department's need for a magnetic card typewriter. This matter was referred to Commr. Deems, Mr. Ford, and Mr. Knuckles for further review and recommendation to the Board.
GRANTS/CONTRACTS & AGREEMENTS
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved the general rehabilitation contract with Ruby and Marion Inmon, S.E. Umatilla, in the amount of $6,176.00.
COUNTY EMPLOYEES/GRANTS
Discussion was held regarding the need for an Assistant to the Supervisor of the Community Development Block Grant Rehabilitation Program, Mr. Berner.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the use of administrative funds from the Community Development Block Grant, in an amount not to exceed $6,000.00, including benefits, to create a new rehabilitation position, an Assistant to Mr. Berner.
JAILS
Mr. Knuckles, Purchasing Director, reported his findings regarding the interconnection of the Jail and Old Courthouse air conditioning systems. It was felt the County would be unable to realize any savings during the life of the system; but, in ten (10) years, serious consideration should be given to converting to smaller sets of compressors.
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, authorization was given for Gene Dixon, Maintenance, to cut one compressor to the jail system prior to the air conditioning system being turned on.
RECESS AND REASSEMBLY
At 11:23 A.M. the Board recessed, reconvening at 11:35 A.M.
ROADS SUBDIVISION
Mr. Jerry Lockett, attorney representing Lakewood Acres and Mr. Charles Seligman, appeared before the Board with additional documentation regarding their request of March 6, 1979, (Minute Book 28, Page 568) for a waiver of the Subdivision Rules and Regulations. Mr. Lockett proceeded to present the following items as documentation that his client had relied on the development of the area with clay roads:
1. A letter from W.E. Hobbs stating he sold the said parcel to Lakewood Acres in June 1973; the intent was to record the plat.
2. An August 1972 bill re: sales map and plat.
3. Boundary map dated September 1972.
4. Boundary survey bill dated July 1972.
5. Original plat and boundary survey dated August 1972 and September 1972, respectively.
Discussion occurred in which it was felt Mr. Willett, Planning Department; Mr. Andrew, County Engineer; Mr. Ford, County Attorney; and Mr. Lockett should meet to review all documents and present a recommendation to the Board. Mr. Lockett requested all drawings be returned to him, as they are the originals; copies of bills and letters were made, with the originally-presented documentation being returned to Mr. Lockett.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board referred the Lakewood Acres waiver request to Mr. Willett, Mr. Andrew, and Mr. Ford, for review with Mr. Lockett.
RECESS AND REASSEMBLY
At 11:45 A.M. the Board recessed for a noon lunch at the Pewter Pub in Leesburg. The Board reconvened at 2:00 P.M. for the County Engineer's Agenda.
ROAD CLOSINGS - LAKE UNITY ROAD
At 2:00 P.M. Commr. Windram stated there was an advertised Road Closing. Mr. Andrew, County Engineer, stated his Department had received neither a proof of publication nor return-receipts on mail notification from adjacent property owners.
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board postponed the Lake Unity Road closing hearing to April 17, 1979, 2:00 P.M. or as soon thereafter as possible.
ROAD CLOSINGS - PERMISSION TO ADVERTISE
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved for Mr. H.L. Pringle, Bassville area, to advertise to close Philip Road, Bethune Street, and part of Carver Street, in Silver Lake Estates and Twin Lake Subdivision. During discussion Mr. Pringle indicated he would be willing to give a drainage easement.
PLATS
At this time Mr. Andrew stated there were some questions on the Castle Hill Plat. He stated a representative from the attorney's office was presently reviewing the plat and asked if the Board and Mr. Martin, Castle Hill representative, would be agreeable to postponing any action for a short period. Mr. Ford stated he would call the engineer's office and attempt to resolve any questions still pending.
LICENSES AND PERMITS
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried, the Board approved the following Utility and Driveway permits:
NUMBER PERMITTEE PURPOSE ROAD
4-411 Sumter Electric Coop., Inc. Underground Rd. Cros 4-5876
2033 Florida Telephone Corporation Buried Cable C-452
2034 Florida Telephone Corporation Buried Cable 3-4158
2035 Florida Telephone Corporation Buried Cable 4-4059
2036 Florida Telephone Corporation Buried Cable 3-0542
2037 Florida Telephone Corporation Buried Cable C-455
l-412 Southern States Utilities 8" P.V.C. Water Main C-466A
2038 Florida Telephone Corporation Buried Cable 1-4419
2039 Florida Telephone Corporation Buried Cable 4-4767
2040 Florida Telephone Corporation Buried Cable 5-5942
2041 Florida Telephone Corporation Buried Cable & Pipe Push 2-3127
2042 Florida Telephone Corporation Buried Cable S-466A
4-413 Doric Foods Corporation Repair Curbing 4-3780
2043 Florida Telephone Corporation Buried Cable 4-6696
2044 Florida Telephone Corporation Buried Cable 3-2745
DRIVEWAY PERMITS
3-461 Henry Vandenbergh 3-1839A
3-462 All State Homes for John Cofield C-561A
4-463 Carol T. Dodsworth 4-4288
1-464 Simon Fields 1-5639
1-465 Ted Love 1-5508
3-466 R.E. Allison 3-0847
1-467 All State Homes for Harold Jensen 1-5341
1-468 Shelfer Ford Tractor Co. C-468
4-469 All State Homes for Carl Bunce 4-4266
5-470 All State Homes for Gustav Roess 5-8591
5-471 All State Homes for E.G. Terry C-439
4-472 Elmer G. Taylor 4-5771
1-473 Robert E. Goss 1-7310
5-474 L.R. Keim C-439
1-475 Donald G. Pullum 1-5313
3-476 Adam E. Korenchuk S-561
Commr. Carson abstained from voting because he is a member of the Board of Directors of the Florida Telephone Corporation.
ROADS - COUNTY, STATE/ACCOUNTS ALLOWED
On a motion by Commr. Carson, seconded by Commr. Middleton and carried, signature authorization was given for the execution of Voucher for Transfer of Funds to DOT, in the amount of $432,967.87, for Project No. 248, C-468.
Commr. Deems was out for the vote.
ROADS - COUNTY, STATE
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried, the Board approved the following one-time-only repairs, with the understanding the roads all have public rights-of-way, money will be received prior to the commencing of any work, and the County is not assuming that maintenance of these roads:
Repair Lakeland Avenue for William Cermak at $862.00
Repair Pine Street for Howard Carrel1 at $296.00
Grade Fox Fire Lane for Carl Rodkey at $26.00
Grade Oak Avenue for Jeri Vonhartman at $52.00.
Commr. Deems was out for the vote.
DEEDS/RIGHT-OF-WAY EASEMENTS
On a motion by Commr. Burhans, seconded by Commr. Carson and carried, the Board accepted the following right-of-way deeds for recording on Pine and Washington Streets:
1 . Bessie Keaton, Evelyn Vann, Jerome Andrews, Andrew Andrews, David Andrews,
and Winston Andrews.
2 . Jerome Andrews and Leatha Allen Andrews
3 . Robert Horne and Dorothy Horne
4 . Georgia Mae Williams
5 . Samuel M. Cromity
6 . Rogers Taylor and Gerline Taylor
7 . Leatha Andrews and Jerome Andrews
8 . Willie Andrews and Minnie Bell Andrews
9 . Matilda Milsap Gilbert
10. Joan E. Tooley and Dennis C. Ford
11. Jessie Mae Reese
12. Bessie Hill
Commr. Deems was out for the vote.
Discussion pointed out one deed was lacking in that nine heirs were involved.
ROADS, COUNTY, STATE
Discussion was held regarding Turkey Ranch Road #2-1751. It was pointed out Public Works had secured the needed three (3) deeds to proceed with the paving of this 1/4-mile long roadway. Discussion highlighted the maintenance costs involved on this road and whether we should immediately record the deeds and proceed with the project or reevaluate the priority between Turkey Ranch Road and Surgarloaf Mountain Road.
On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board decided to hold off until April making a decision on Turkey Ranch Road.
ROADS, COUNTY - STATE
Discussion was held regarding Mr. Burton's request to fix Emeralda Road on a one-time basis. Mr. Ford stated the Board no longer has the authority to say the road exists; that determination must be made by a Judge. On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the County Attorney was instructed to do additional research on prescriptive roads, and, should it be determined Emeralda Road has a public right-of-way, Mr. Burton's request will be brought before the Board.
BIDS/ROADS, COUNTY - STATE
Discussion was held regarding Mr. Andrew's request for permission to advertise for bids for the 1979 Pavement Marking Project. The Board could see no problem with Mr. Andrew's recommendation except for questions regarding C-473, from U.S. 441 to Haines Creek Road. Mr. Andrew stated he had received a request from the residents of Molokai Mobile Home Park for a "No Passing" zone on C-473; his recommendation would be double stripe from U.S. 441 to Haines Creek Road. The Board recommended Mr. Andrew research the state manual regarding the allowable length of "No Passing" zones.
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board approved the advertising for bids on the 1979 Pavement Marking project, one lump sum, as follows:
C-565 Bay Lake Road - restripe
C-470 - restripe
C-455 - restripe
C-25A - Fruitland Park - restripe
C-466A - Fruitland Park & west - restripe
C-466B - restripe
C-44A - Leesburg - restripe
C-44C - Leesburg - restripe
C-25A - Leesburg - restripe
C-19A - Tavares - restripe
C-33 - Leesburg - restripe
C-473 - Molokai Mobile Home Park entrance - research and double stripe to the degree
recommended in State manual.
ROAD CLOSINGS - PERMISSION TO ADVERTISE
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board approved for a Betty Jackson, Sorrento area, to advertise to close an alleyway in the Paxton and Sumerville Subdivision.
ROADS - COUNTY, STATE
Discussion was held regarding the status of Sugarloaf Mountain Road. Mr. Andrew was instructed to contact two or three contractors and obtain "guesstimates" for the paving of the western face of this road.
CLAY PITS/ACCOUNTS ALLOWED
Discussion was held regarding Connie Bond's request for information regarding the abandoned clay pit in Lady Lake. It was the feeling of the Board Mr. Andrew should core the pit to establish the value of the pit to the County, at which time a determination would be made whether the County desires to sell the pit or not.
LICENSES & PERMITS/CONTRACTS & AGREEMENTS
Mr. Andrew stated a Mr. S. Gilbert Abbott has requested to haul trash in Area B of the County. Mr. Andrew pointed out Mr. Abbott would be using a 1965 Ford pick-up truck which was not satisfactory for hauling garbage. It was the feeling of the Board the Garbage Collection Franchise Agreement covers both trash and garbage and exceptions cannot be made; Mr. Abbott would have to meet the same requirements as other franchise holders.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, Mr. Andrew was instructed to inform Mr. Abbott he needs the same equipment as all other collectors.
Under discussion Commr. Deems inquired if we were having a problem in getting trash out of Area B; Mr. Andrew replied negatively.
INVENTORY - SURPLUS/RIGHT OF WAY EASEMENTS
Mr. Andrew stated he had received an inquiry from Mr. Perez, Altoona area, regarding the possibility of purchasing certain rights-of-way which would then enable him to have clear title to his land. Discussion occurred in which, it was the opinion of the County Attorney, Mr. Perez's first step should be to advertise to vacate the alley adjacent to his property, at which time the County could declare it surplus and an equal swap of the resulting halves would result in the desired goal of establishing clear title to Mr. Perez's land. Mr. Ford stated he would like to research the matter a little further; the Board had no objection to the above proposal.
PLATS/POLICY/ORDINANCES
Mr. Andrew asked that the six lot proviso, in which the County Engineer can waive the Subdivision Rules and Regulations, be changed to pertain to publicly-maintained roads only. Discussion pointed out the Board would prefer Mr. Andrew not be contacted by individuals requesting such waivers. It was the feeling of the Board all requests should be brought directly to the Board of County Commissioners to be decided upon on a case-by-case basis.
Mr. Mike Willett, Planning Director, stated he would make the necessary changes to the existing Ordinance, advertise it for a Public Hearing, and write Procedures for the above new Policy.
RIGHT-OF-WAY ROADS
Mr. Andrew discussed a parking problem having to do with a Griffin Road Auto Repair Shop. He suggested he be allowed to contact the shop owner and request he no longer park on the road right-of-way on the west side of his shop, which would open the view for motorists. Mr. Andrew stated a parking problem does exist in the area and should the auto repair shop not be agreeable to this arrangement, the whole area would have to be cleared; but, with the assurance the west side would be kept free of vehicles, the problem should be eliminated. The Board had no objection to this recommendation.
ROADS - COUNTY, STATE/RESOLUTIONS
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board accepted Magnolia Terrace in Kings Cove Unit II Subdivision into the County-Maintained System and assigned road number 1-5814A (extension of existing road #1-5814A).
BIDS
At this time the Board awarded the bid on Project #244, Pine and Washington Streets, postponed earlier in the meeting.
The following bids were received:
Superior Asphalt Co., Inc...............$40,430.94
Square G. Construction..................$58,956.50
Leecon, Inc.....................................$69,007.20
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board awarded Project No. 244, Pine and Washington Streets, to Superior Asphalt Co., Inc., at $40,430.94, in that they were the best and lowest bidder.
COMMUNICATIONS
Mr. Andrew stated he had received a request from the Young Leaders of Tomorrow (Yalaha) to have three (3) loads of clay donated to their basketball court at the Community Center.
Mr. Andrew was instructed to further investigate whether the land was private or publicly-owned.
PLATS/RIGHT-OF-WAY ROADS
Mr. Andrew stated a developer was working in the right-of-way in Sorrento Shores and he felt the Board should be made aware of the circumstances. Discussion pointed out the Sorrento Shores plat was recorded approximately one week after the County Rules and Regulations were adopted; at this time the County is unsure whether a waiver was granted or not.
Mr. Ford stated with a filing date one week after adoption of our Rules And Regulation, further research should be conducted prior to the County's taking steps to halt the issuing of additional building permits.
The Board had no objection to further investigation by the County Attorney.
MOSQUITO CONTROL
Discussion was held regarding a drainage back-up in Umatilla.
Mr. Andrew stated he feared, if not taken care of, it may become a health problem.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board authorized the Mosquito Control Department to clear the drainage problem.
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board approved payments to Superior Asphalt as follows:
Partial - Project #246, Oak & Grove - $18,451.18
Final - Project #238, Collins Street -$34,491.25
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved a $42,765.00 partial payment to Square G Construction for C-468 Widening and Resurfacing Project #248.
ESCROW
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved a partial release of escrow funds to Silver Lake Estates (County Club View - 3rd Addition) in the amount of $38,214.72.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the release of escrow funds to Storer, Husni & Associates (Sunny Acres Subdivision) in an amount of $13,500.40.
DEEDS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the release of Road Reservations from DOT as contained in the following Deed Numbers:
#238, all but 50' from centerline of Pine Meadows Golf Course Road, City of Eustis.
#1479, all but 40' from centerline of St. Clair Abrams Avenue in City of Tavares.
#1868, all but 42' from centerline of Pearl Street.
#2341, all but 33' from centerline of Prestwick Avenue and Place Avenue.
#1729, all but 33' from centerline of Prestwick Avenue
#2354, all but 33' from centerline of Place Avenue
#1600, all but 33' from centerline of Ohio Boulevard.
PLATS
At this time Mr. Ford reported the Castle Hill Plat could not be approved as presented. It would be necessary for the developer to vacate certain roads as well as clarify on the Plat that Lot 17A was a dedicated easement for all property owners for access to the lake. It was suggested Castle Hill be placed on the April 3, 1979, Agenda if requested.
INSURANCE/EMERGENCY SERVICES
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, Commr. Windram and the County Attorney were instructed to continue researching insurance needs and liability regarding the ambulance communication tower in Leesburg.
CONTRACTS & AGREEMENTS/ROAD PROJECTS
Commr. Deems stated on Project 248, C-468, he had talked with the contractor who has agreed to reduce the surface from 1-1/2" to 1-1/4", leave the concrete ditches in with the mix to remain the same as in the original contract, and place an additional 3,000 feet of guardrail where needed. Commr. Carson asked the cost involved. It was pointed out the Contract needed to be amended to include the above changes and a change order issued increasing the cost by $6,000.00.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the above contract amendment and change order was approved.
Upon the Chairman asking for the vote, the above proposal carried unanimously.
ATTORNEYS
Mr. Ford stated Judge Booth had recently ordered some court records sealed in an attempt to prevent a change of venue due to publicity. It was pointed out Judge Booth's decision to have the records sealed is being challenged in court by the Sentinel Star.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the County Attorney was instructed to file an amicus curiae brief supporting Judge Booth's action which would save the County money in preventing such a change of venue.
CONTRACTS & AGREEMENTS/ACCOUNTS ALLOWED
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Chairman was authorized to sign the contract with Superior Asphalt for the repaving of Georgia Avenue in Astatula at a cost of $41,645.00.
Quotations received were as follows:
Blondy's...........................$44,400.00
Superior Asphalt..............$41.645.00
Leecon.............................$42.716.60
There being no further business to be brought to the attention of the Board, adjournment was at 4:30 P.M.
Thomas J. Windram, Chairman
James C. Watkins, Clerk