REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
NOVEMBER 20, 1973
A regular meeting of the Lake County Board of County Commissioners was held on Tuesday, November 20, 1973, at 9:00 a.m., in the Commissioners’ Room, Courthouse, Tavares, Florida.
The Chairman called the meeting to order with the following members present: C. A. Deems, Chairman; James R. Carson, Jr., Thomas J. Windram, J. M. Hoskinson, and Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Norma Coven, Deputy Clerk.
The invocation was given by James C. Watkins who also led the Pledge of Allegiance to the Flag.
communications
The Chairman read a letter from the City of Leesburg regarding the application of National Transportation Corporation for temporary authority to transport mishandled luggage and baggage from McCoy Jetport. It was read and filed in the Minute file for November of 1973.
courthouse
I. S. K. Reeves, V, Chairman of East Central Florida Regional Planning Council, appeared regarding the Courthouse Complex. Mr. Reeves was asked if he would have the time to act as a consultant to the Board. He answered in the affirmative and recommended that he present a written outline of the services he would be providing the Board.
ordinance
Richard H. Langley, proponent, appeared and announced Mr. Jones, of AAA, was not present at this time. Mr. Langley stated that he had a copy of testimony prepared by Mr. Jones regarding the necessity of Ordinance requiring sand and gravel trucks to be covered. Fruit trucks do not necessarily need to be covered under the Ordinance. Mr. Langley also recommended the Board send a Resolution to the Department of Transportation requesting reduced speed on State Roads for trucks.
Mr. Neal Dillingham of Florida Aggregate Hauling Association spoke on behalf of the truckers.
Mr. W. O. Boone, Clermont, appeared in support of the Ordinance.
Mr. Robert Moore, Clermont, appeared and suggested the Board take the time to drive State Road 50 to Orlando and back.
Mr. Howard Maxwell, retired trucker living in Tavares, appeared and stated the problem can be controlled by properly loading the trucks.
A committee comprised of Mr. Langley, a representative of the trucking industry, the County Attorney, and a Commissioner was set up on motion of Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, to see if a solution could be formulated and brought back to the Board.
Commr. Hoskinson recommended a local trucker be appointed to the Committee. This recommendation was approved on a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously.
Mr. Dillingham recommended that a representative of the sand miners be a member of the committee. This was approved on motion of Commr. Hoskinson, seconded by Commr. Windram and carried unanimously.
Chairman Deems appointed Commr. Burhans to represent the Commission.
bids
It now being the time advertised for bids for two economy pickup trucks, the Chairman asked the Clerk to open and tabulate bids. Norma Coven, Deputy Clerk read the proof of publication. The following bids were received.
Cecil Clark Chevrolet $2,595.00 each
Bob McCullers Ford 2,784.46 each
D. C. Waters Ford 2,646.60 each
Love Mazda 2,760.00 each
On motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the bids were referred to the Acting Engineer for study and recommendation.
Larry Morey, Acting County Engineer, presented a recommendation on bids for Hot Asphaltic Concrete Mix. He recommended Macasphaltic Corporation as the best and lowest bid. The County Attorney stated that since this is the only bid received, he feels it is proper for the Board to accept the bid. On motion of Commr. Carson, seconded by Commr. Burhans, and carried unanimously, the bid for hot and cold mix was approved and the County Attorney is to contact Macasphalt and negotiate a new lease and if any of their materials are encroaching on the land that the County has leased to the Department of Highway Safety for a driving range, they will have to remove them.
juvenile
Michael Muley, Regional Director of the Division of Youth Services, appeared regarding the Senate Bill 264 which calls for the Juvenile Detention Shelter to be operated by the State as of January 1, 1974. The State will take over the staff and the maintenance of the building. When the State feels there is no further need of the facilities the shelter will revert back to the County.
Christopher C. Ford, County Attorney, recommended an addition to the contract regarding the purpose for which the building will be used. On motion of Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the amendment to the contract was approved.
On motion of Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the contract as amended and recommended by the County Attorney was approved.
state agencies
Mrs. Rita Hand, Chairman of the Board of Visitors, appeared and thanked the Board for its cooperation during the past year and advised that the Board of Visitors will have no supervision over the Juvenile Center after the State takes over.
On motion of Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved a letter of commendation be sent to the members of the Board of Visitors.
A letter from the Division of Youth Services regarding the contract or lease agreement for the building they are now occupying was read. They would like to rent the building for $350.00 a month and both parties upon 90 days’ notice may be asked to vacate or leave the premises, as the case may be. The Board feels the rental figure is inadequate due to the area involved. The Board understood that the State was willing to pay $3.50 to $4.00 per square foot and there are 2,500 square feet including both floors. The County Attorney was instructed to contact Mrs. Francesca Knowles regarding this matter.
roads – county
Larry Morey, Acting County Engineer, presented a request from Leonard Wood and John Bowley, Jr. of Bassville Park, for permission to improve Lakeland Avenue, a public dedicated street, up to County standards and then the County will take over maintenance.
On motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the request was approved provided a 50 foot right-of-way is granted.
Commr. Hoskinson reported that Buster Hancock is ready to begin construction on the sand mine road north of State Road 474. The sand company will build the road to County specifications. Mr. Hancock would like the County Engineer to contact him and work out the details. This was referred to Larry Morey.
The Chairman brought to the Board’s attention the speed limit on Hollandale Road, off of State Road 48 and east of State Road 25. It is being used as a service road for Colonial Penn and Hawthorne at Leesburg. Walker and LeeCon trucks are using it. The speed limit was 50 MPH and it was reduced to 40 MPH, but that is still too high.
On motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, a Resolution reducing the speed limit to 25 MPH on District Road 2-3215, Hollandale Road, was approved.
On motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, a Resolution was adopted stating the maximum speed limit for all County vehicles is 50 MPH.
county engineer
Larry Morey, Acting County Engineer, advised the Board that the Public Works Department is planning to stockpile oils and greases for future use. On motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved a 4 to 6 months stock piling of oils and greases, subject to the money being in the budget.
Jacquelyn Hester, Administrative Assistant to the Public Works Department, presented applications for the position of Public Works Director from the following:
Russell R. Doyle
Leo Goldstein
Edward R. Lampp
Robert Crachi, Jr.
Larry Morey presented a letter from Fred M. Harpster regarding the drainage problem at Wekiva River Acres. Mr. Harpster is to meet with Mr. Norton and Mr. Middlebrooks on Friday, November 2, 1973 in regard to this subject. After the meeting on November 2, 1973 Mr. Harpster recommended installing a new 36” culvert at an estimated cost of $5,100.00 for culvert materials. Mr. Middlebrook agreed to contribute $2,000 and provide the necessary easements to install the culvert. Mr. Harpster recommended the Board accept the above offer subject to Mr. Middlebrooks contributing $2,550 (one-half the cost of the pipe). He also recommended Lake County use the $1,500 escrowed by C. A. Meyer Paving Company and the ditch needs to be re-graded from DR 4-4298 back to Wekiva River Road to relieve some of the flow.
On motion of Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board denied the recommendation because it is not beneficial to Lake County or the taxpayers.
county employees
Miss Jacquelyn Hester, Administrative Assistant to the Public Works Department, appeared and presented a request for Ronald George Ralph to attend a 4 hour course on topo drafting and surveying at Lake-Sumter Community College. The tuition fee is $40.00.
On motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved to pay tuition with the understanding that he will remain on the County’s payroll for six months.
Miss Jacquelyn Hester appeared and requested clarification of the County policy regarding vacation time.
The Board concurred that any County employee can carry forward 12 days accumulated in 1973 into 1974 and everybody that has more than 12 days accumulated will be paid for the extra days.
The Department heads will have to approve any vacation time that is left over at the end of the year before it can be carried into the next year.
Commr. Windram read a letter of resignation from William F. Peshek, lab technician, effective November 23, 1973.
Commr. Hoskinson reported that he had met with Michael Willett and Miss Hester regarding personnel changes in the Planning Department. As of today there are two trained planners in the Department. Mr. Willett feels that Mrs. Nancey Crissinger should be upgraded in her position and her salary raised $300.00 a year. This will leave a position open for draftsman and Mr. Willett would like to advertise for one. Also, he would like to change Barbara Dorff’s title to Associate Planner.
On motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the above recommendations were approved.
licenses and permits
John Cain, of Mount Dora, appeared and advised that Mt. Dora had been instructed by the State to take the sewage effluent out of Lake Dora. The City has purchased 21 or 22 acres to construct the settling beds and needs permission from the Board to open and cut four County Roads and requests the Board influence the Department of Transportation to allow open cuts on three State Roads.
The County Engineer recommended denial of the request and would like for the City of Mt. Dora to bore and jack under the County Roads.
On motion of Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved a Resolution to the Department of Transportation for permission to make three cuts on State Roads and also granted the City of Mt. Dora permission to cut these County Roads subject to the road being returned to original condition.
resolution not classified elsewhere
On motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, a Resolution regarding the fuel and gasoline shortage was adopted.
A Resolution from Sarasota County objecting to Interdepartmental Conferences between the Departments in Tallahassee without notifying the County involved was read and filed in Minute file for the month of November 1973.
salaries and wages
William Hennessey, Acting Pollution Control Director, appeared and requested the salary for the position of lab technician be upgraded from $6,000 to $8,500. On motion of Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the salary allocation for the lab technician be changed from $6,000 to $8,500. On motion of Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the salary allocation for the lab technician be changed from $6,000 to an amount not to exceed $8,500.
public health
Bill Hennesey advised the Board that the Pollution Control Board met November 19, 1973 and voted to allow the grove owners who cannot buy fuel to burn tires, wood, etc. in the groves.
Jacquelyn Hester, Administrative Assistant to the Public Works Department, appeared and reported that the cost for advertising for the Cleanup Campaign for junk cars will be under $500. She presented a letter for the Board’s approval regarding the Cleanup Campaign. The letter will be sent to all municipalities.
On motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the letter was approved.
road closing
Commr. Windram presented a petition from Mr. Mitchell, of Mt. Plymouth, to close some of the roads that are crossing Mt. Plymouth Golf Course. The public hearing for the closing of these roads was set for December 18, 1973, at 10:00 o’clock a.m.
Tax roll
The Chairman stated the Tax Assessor had advised that the three original firms that he was dealing with have decided that they cannot complete the reassessment for the 1974 Tax Roll in time. There are two other firms that are submitting bids and they should be able to meet the time schedule. The Tax Assessor will keep the Board informed.
Certificates of Correction and Error numbered 1451 – 1475 on the 1973 Tax Roll was approved on the motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously.
recess and assembly
The meeting adjourned at 12:05 p.m. The Chairman announced the Commissioners will have lunch at the Silver Lake Golf and Country Club and the Press and public are invited on a Dutch-treat basis. The meeting reconvened at 1:30 p.m.
planning and zoning
119-73-5 John Sullivan R-1-7 to C-2
On motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and the rezoning denied without prejudice.
118-73-5 John Sullivan R-1-7 to R-3 for Mobile Home Rental Park
On motion of Commr. Burhans, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and rezoning denied without prejudice.
114-73-1 Aaron Harper R-1-7 to R-1-5
On motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning Commission was changed to show denial without prejudice.
98-73-1 J. Robertson RP and A to R-3 for rental park
Thelma Robertson appeared in support of the rezoning.
On motion of Commr. Carson, seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning Commission was overturned and a CUP for a PUD for a mobile home rental park was granted.
The CUP is to be reviewed on December 10, 1973.
138-73-4 Maynard Reese R-1-7 to M-1
Larry Taylor, attorney for Mr. Gay, purchaser of the property, appeared in support of the rezoning.
Maynard Reese, applicant, appeared and stated that he does not have any objection to an MP zoning.
On motion of Commr. Windram, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Commission was overturned and the property rezoned to MP.
139-73-4 Maynard Reese R-1-7 to C-1
On motion of Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and rezoning approved.
134-73-4 Florida Telephone Corporation R-1-7 to MP
On the motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning was upheld and rezoning approved.
137-73-3 Harvey Heller R-1-7 to C-1
On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the case was postponed until December 18, 1973, at 2:00 p.m.
135-73-4 Billy Roach A to C-1
Carl Ludicke, representing his mother who is an adjoining property owner, appeared and objected to the rezoning.
Billy Roach appeared in support of the rezoning.
Oliver Hook, adjoining property owner, appeared in support of the rezoning.
John Roach appeared in support of the rezoning.
Barbara Roach, adjoining property owner, appeared in support of the rezoning.
On recommendation of the Planning Director and on the motion of Commr. Windram, seconded by Commr. Burhans and carried unanimously, the property was rezoned from A to CP.
136-73-2 Alberta Fluitt RP to R-1-5
On motion of Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the case was postponed until December 18, 1973, at 2:00 p.m.
395A-4 Major Realty Three Rivers Project
Michael Willett stated the amendments to this CUP were presented June 14, 1973 and the final CUP has been prepared. The Development of Regional Impact (DRI) review has been tabled by the Regional Planning Council.
Commr. Hoskinson stated the developers and the staff at East Central Florida Regional Planning Council (ECFRPC) are not in agreement. Most of the objections are from the Planning staff in Seminole County because of the impact on the roads in that County.
Mr. Roxy Howse requested the committee to table the review. Mr. Howse advised the Board that the DRI is still in the subcommittee and has not been withdrawn.
James Slater, attorney for Major Realty, appeared and stated that legal notice has been advertised, and asked the Board to consider the rezoning under the CUP and postpone the hearing on the DRI portion until a later date.
Christopher C. Ford, County Attorney, stated that the Board must postpone the DRI hearing but can proceed with the CUP hearing. Also, there should be an additional requirement in the CUP that prior to any development, Major Realty must comply with Florida Statute 380 which means they must obtain vested rights determination by the State or the County, or they must submit the DRI study to the Regional Planning Council for their comments.
Commr. Carson moved approval of CUP 395A-4 with the one addition that the County Attorney recommended. The approval of the CUP is subject to the approval of the County Attorney. Commr. Hoskinson seconded the motion and it was carried unanimously.
The Chairman asked if there was anyone present that objected to the CUP.
Margaret Arthur, representing the Lake County Conservation Council, appeared and said the Council has never given its approval to the development and the council has not seen any of the new plans. She said the Regional Planning Council had instructed the Conservation Council to make this statement for the records.
On motion of Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the DRI hearing was postponed until December 18, 1973, at 2:00 p.m. or as soon thereafter.
zoning
Commr. Carson asked the Board to consider the elimination of C-1, C-2, M-1 zoning and all undeveloped land would revert to MP or CP zoning. This was referred to Mike Willett.
veteran service officer
Jacquelyn Hester, Administrative Assistant to the Public Works Department, appeared regarding Mr. Fred Bollenberg annual leave.
The County Attorney reported that he had talked with Mrs. Babb, Finance Officer, and Mr. Bollenberg is paid by the County and is therefore a County employee and comes under the County Personnel policies.
On motion of Commr. Carson seconded by Commr Burhans and carried unanimously, no action was taken at this time regarding Mr. Bollenberg and Mrs. Valentine until the County Attorney can complete his investigations on this matter.
contracts and agreements
Miss Hester presented a request from Frank Woodson, Chief Inspector at the MVI stations, regarding the uniform service contract that is up for renewal. Mr. Woodson recommends Welper Laundry and Rental, Inc. at a price of $2.25 per man per week. They will not take the contract for under 16 months.
Another bid was received from Sunshine Uniform Service at a price of $2.50 per man per month. They want a 2 year contract or more.
On motion of Commr. Carson, seconded by Commr. Hoskinson, and carried unanimously, the Board approved entering into a 16 months agreement with Welper Laundry and Rental, Inc.
road maintenance - subdivisions
Commr. Burhans presented a request from John Lackey for the County to take over road maintenance in Dexter Estates Subdivision. Commr. Carson said the Board accepted the Plat of Dexter Estates to be recorded but nothing was said about taking the roads into the maintenance system. Commr. Burhans is to contact Mr. Lackey and tell him if the roads are brought up to County specifications the County will take over maintenance or the County will grade the roads on a time and material basis.
bonds
On motion of Commr. Carson, seconded by Commr. Windram and carried unanimously, firearm bonds were approved for the following:
M. D. Swain
John G. Glover
Herman Parsons
H. E. L. Brainard
Dwight Bowen McDuffie
Contractors bonds for Certificates of Competency were approved on motion of Commr. Carson, seconded by Commr. Windram and carried unanimously for the following:
# 381 Sherman Leo Walker, Jr.
503 James H. Williams (masonry)
577 Bill Brant dba Brant Brothers, Inc.
982 Anderson Bean (masonry)
954 Eric M. Bloch dba Florida Glass and Mirror of Orlando
1116 Max Garapic dba Pools by Max
1117 William R. Hudson dba Central Mobilaire, Inc. (mechanical)
1118 Albert J. Pandolfi (carpenter)
1119 Eugene W. Register dba Fiberglass Insulations
1120 Ray Lee Sampson (painting)
1121 John L. Taylor (general)
1122 Joe H. Wood Aluminum Erection
1123 John Roper dba All Service Company (mechanical)
1124 Bruce Allen Tomon (carpentry)
1125 Marcus R. Sweat (specialty)
water levels
A letter from the Southwest Water Management District regarding Aerial Mapping availability and distribution on major river floodplains and flood-prone areas in the District was referred to Michael Willett, Acting County Planner.
hospitals
Mr. William Engle, Director of the Ambulance Service at South Lake Memorial Hospital, submitted a letter of intent and applied for a Certificate of Public Convenience and Necessity. On the motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Certificate was approved.
tax assessor
A request from the Tax Assessor, Donald Stephens, for $73,219.91, commissions on the 1973 Tax Roll, was approved on motion of Commr. Carson seconded by Commr. Burhans and carried unanimously.
hyacinth control
A request from Phil Yoder, Director of Mosquito Control, to purchase a jeep trailer from Florida Surplus Properties in Fort Myers, was approved on motion of Commr. Carson, seconded by Commr. Windram and carried unanimously. The equipment will be used in the Hyacinth Control Program.
reports – official
The Annual Report from the Sheriff’s Department was submitted October 9, 1973 but because of unauthorized transfers within the budget the report was withheld until the County Attorney could check into the matter. The report was brought up at this time.
The question was raised as to whether the Board could accept the report. Christopher C. Ford, County Attorney, advised the Board to accept the report subject to any comments the State Auditor may have concerning the Sheriff’s procedures in this matter.
Commr. Carson moved to table the Sheriff’s letter of November 14, 1973, regarding the explanations of the transfers from one fund to another. Commr. Burhans seconded the motion. Commrs. Windram and Deems voted “no.” Commr. Hoskinson changed his vote to “no” and the Chairman announced the motion failed to carry.
After much discussion, and on the motion of Commr. Windram, seconded by Commr. Carson, the Board received and filed the annual report of the Sheriff and took note and exception to the unauthorized transfers which appear to be in violation of the Statutes regarding budgetary transfers and the Sheriff is requested to follow the Statute requirements in the future. The motion was carried unanimously.
sheriff
James C. Hunter, Chief Deputy Clerk, read a letter from the Sheriff requesting additional office space. This matter was referred to the Clerk.
cancellation of warrants
On motion of Commr. Carson, seconded by Commr. Windram and carried unanimously, the following warrants were cancelled:
NO. 1,442
1,369
5,980
1,241
ROAD NAMES
The Chairman read a letter from the City of Leesburg regarding street names being duplicated in the unincorporated areas adjacent to the City of Leesburg. This matter was referred to the Public Works Director.
accounts
On motion of Commr. Burhans, seconded by Commr. Windram and carried unanimously, travel was approved for Mr. Fred Bollenberg, Veteran Service Officer, to attend the Annual Meeting of the Civil Defense Association in Tallahassee on November 28-30, 1973.
There being no further business to bring before the Board, the meeting adjourned at 5:20 p.m.
_________________________________ ______________________________
CLERK chairman