A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
april 2, 1974
A regular meeting of the Lake County Board of County Commissioners was held on April 2, 1974 at 9:00 o’clock in the forenoon, in the Commissioner’s Room, Courthouse, Tavares, Florida.
The Chairman called the meeting to order with the following members present: James R. Carson, Jr., Chairman; C.A. Deems; Thomas J. Windram; J.M. Hoskinson; and Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Andrea Gambrell, Deputy Clerk.
The Invocation was given by James C. Watkins. The Pledge of Allegiance was lead by the Chairman, James R. Carson, Jr.
COMMUNICATIONS
Commr. Carson brought before the Board a letter from Mrs. Louise Meszarus suggesting that there be an ordinance pertaining to cruelty to animals. Commr. Burhans was given this for his personal attention.
Commr. Carson brought to the Board’s attention the confusing order in which the County telephone numbers were listed in the telephone book. Commr. Carson suggested that if the Board did not object he would personally contact the Florida Telephone Company to correct this problem.
Records
Commr. Carson presented to James C. Watkins, Clerk, a citation awarded him by the Lake County Safety Council for his outstanding community service with regard to highway safety.
Minutes
The minutes of October 16, 1973 were revised by the Board and the Commissioners requested that they be brought to the next Board meeting for approval.
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the minutes of November 13, 1973 were approved as amended. Amended copy on file.
On motion of Commr. Deems, seconded by Commr. Windram and carried unanimously, the minutes of February 5, 1974 were approved as amended. Amended copy is on file.
On motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the minutes of February 19, 1974 were approved as amended. Amended copy is on file.
Communications
James C. Watkins, Clerk, presented to the Board a letter from Senator Jim Glisson thanking the Board for its prompt reply concerning the Physicians and Surgeons Ambulance Service.
Mr. Watkins presented to the Board a resolution from Seminole County opposing local tax funds financing services under the “Meyers Act.”
The Clerk presented to the Board a letter from Lawton Chiles thanking the Board for its letter regarding the Federal Budget Reform Legislation which is pending in Congress.
Mr. Watkins presented to the Board a letter from the City Council of Jacksonville adopting the resolution advocating the funding of the Medical Examiner’s Office by the State of Florida. On motion of Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, a resolution was adopted in support of the State of Florida funding the Medical Examiner’s Office. The resolution was sent to local delegations.
The Clerk informed the Board that Horace B. Williams has accepted the appointment to the Manpower Council.
The Clerk presented to the Board a letter and resolution from Okaloosa County regarding the transportation problem.
There was a letter presented to the Board by Mr. William Hennessey, Acting Director of Pollution Control, concerning Mr. James Rumford’s application for a Trustees of the Internal Improvement Trust Fund permit to build a seawall on his property on the south shore of Lake Harris. Mr. Hennessey stated in his letter that according to Florida Statute 253.124, authorization must be approved by the Lake County Board of County Commissioners. On motion of Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board requested that the minutes reflect that the Board has no objection to the construction of the seawall.
The Clerk presented to the Board a letter from Representative Vince Fechtel regarding Mr. Walter L. Revell’s letter pertaining to the transportation system requesting that the County Attorney research related laws.
Commr. Windram brought before the Board a letter from Mr. C. E. Middlebrooks regarding the trash on Wekiva River Road. The Board referred this letter to Larry Morey, Acting Engineer.
Commr. Deems stated that he had received a letter from Mr. Victor Farris, a resident near the Fruitland Park clay pit, stating that the fires and motorcycle riders were a public nuisance. Commr. Windram stated that the letter should be answered informing the resident that the Fruitland Park Fire Department has been contacted stating the pit could not be used for fire training purpose and if the motorcycle riding continued to be a nuisance they should notify the Board of County Commissioners.
Commr. Carson brought to the Board’s attention a public notice from the Army Corps of Engineers regarding routine maintenance at Alexander Springs by removing sand washed from the existing beach area into the springs by means of a sand pump.
Commr. Carson presented to the Board a notice from the Department of Pollution Control of the State of Florida concerning a public hearing regarding the petitions for Extraordinary Relief and for a Variance filed by the Jacksonville Electric Authority concerning sulfur oxide emissions from its fossil fuel steam generators located in Duval County.
Contracts
Christopher C. Ford, County Attorney, informed the Board that the contract with the Division of Youth Services concerning the leasing of the old Chamber of Commerce building was in order and should be signed. The monthly rental is $350.00 and the expiration date is June 30, 1974. Mr. Ford stated that renovation would be held considering an increase in the rental price of $650.00 per month.
On motion of Commr. Windram, seconded by Commr. Burhans and carried unanimously, it was moved that the contract be approved and signed by the State of Florida, the Chairman, and the Clerk, with an expiration date of June 30, 1974.
James C. Watkins, Clerk, brought to the Board’s attention that certain repairs to the building had been requested by the Division of Youth Services, for example some of the offices needed carpeting, drapes, paint and other repairs. Christopher C. Ford stated that if the State agreed to a renewed contract at the $650.00 per month at that time the repairs should be done. Mr. Watkins stated that in his opinion the repairs and improvements would be necessary irrespective of who was to occupy the building and would suggest that they be approved immediately. On motion of Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, it was moved that the Clerk be authorized to get estimated prices of the cost of repairs and report back to the Board.
The Clerk brought before the Board the agreement between Lake County and Lake Data Center, Inc. with regard to computer services. On the motion of Commr. Deems, seconded by Commr. Windram and carried unanimously, the agreement was approved subject to the approval of the County Attorney. The Board asked that the Clerk and the County Attorney research the appropriate method of funding that portion of computer time used solely by the Clerk’s Office.
Christopher C. Ford, County Attorney, informed the Board on the status of the Kirkpatrick contract. He stated that Mr. Kirkpatrick did not want to be responsible for the tanks nor be responsible for repairs. Christopher Ford stated that a clause could be added stating that if there are repairs in excess of $1,000 the contract could be cancelled. The Board had no objection to the amendment and Christopher C. Ford will draw up a new contract and bring it back to the Board for its signature.
Veterans service officer
Mr. James Noell, Commander of Chapter 87 of the D.A.V., appeared before the Board with reference to the Board’s decision of having the Veteran Service Officer deny service to persons without a Lake County address. He stated that other counties do not have the quality of service Lake County has and that no veteran should be refused service. Commr. Windram pointed out that the Board did not want to create any hardships for the veterans but the Board felt Lake County tax payers should not have to pay for the inefficiency of other counties.
Mr. Noell stated that Chapter 87 was trying to help the Veterans Service Officer by sending one of their members to school and he is now available one day a week to help the veterans fill out forms, etc. Mr. Noell also presented to the Board a letter from the D.A.V. to Governor Askew asking for his attention and assistance in this matter.
Mr. Carson stated that possibly Mr. Fred Bolenberg, Veterans Service Officer, could come before the Board later in the day stating the minimum requirements necessary to maintain his previous level of service.
Mr. Fred Bolenberg appeared before the Board later in the day and stated that if the office had substitute help when his regular workers were ill or out of the office for other reasons he could continue serving any veteran that came into the office with the same level of assistance done in the past. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Veterans Service Officer was authorized to employ part-time staff to be paid on an hourly basis to fill in when his regular staff was absent.
On motion of Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the previous action of the Board, as expressed in the letter to Mr. Bolenberg dated February 18, 1974, was rescinded.
Roads – county
On motion of Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the roads in Valencia Terrance and Morningview at Leesburg Subdivision be accepted for County maintenance.
Tax levy
Mr. James Noell, Commander of Chapter 87 of the D.A.V., appeared and requested relief of taxes from the 1973 Tax Roll for the purchase of a building by the V.F.W. and the D.A.V. Mr. Noell explained that at the time of the purchase the Commander did not know how to properly record the transaction in order to be exempt from taxes. On motion of Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the request was approved if all legal requirements were met the taxes on the property would be waived for the year 1973.
Plats
Larry Morey, Acting Engineer, requested that the plat of Padgett Grey Subdivision be approved for recording. On motion of Commr. Deems, seconded by Commr. Windram and carried unanimously, the above plat was approved for recording.
Larry Morey presented a plat of Lake Louisa Park and requested that it be approved for recording. A question was raised about the construction of the roads. Mr. Morey reported that a percentage of the money received from the sale of the lots would be held in an escrow account to cover the construction of the roads. The Board returned the plat to the County Engineer and County Attorney for more detailed information with regard to the escrow agreement for the construction of the roads.
Larry Morey presented a request from Lee Acres Subdivision for an extension of 30 days with regard to the construction of its clay roads. On motion of Commr. Deems, seconded by Commr. Windram and carried unanimously, a 30 day extension was granted in which to complete the construction of the road in Lee Acres.
Mr. Morey reported that the residents in the Bassville Park area had collected $632.94 for the County to help with repairs of the streets in their area on a time and material basis. On motion of Commr. Deems, seconded by Commr. Burhans and carried, the road work was authorized on a time and material basis upon payment of the funds raised by the residents to the County.
Licenses and permits
On motion of Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the garbage franchise for P&S Sanitation in Franchise Areas A and C was approved subject to County approval of the equipment.
On motion of Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the franchise for Lake County Septic Tank Service was approved from Countywide service.
On motion of Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, a garbage franchise was approved for Mike Moore in Franchise Area B & D.
Tax levy
Christopher C. Ford, County Attorney, presented a resolution relieving Mount Dora of certain taxes from the 1973 Tax Roll. On motion of Commr. Windram, seconded by Commr. Deems and carried unanimously, the resolution, as submitted by the County Attorney, was approved.
Recess and assembly
The meeting adjourned for lunch at 12:00 noon and reconvened at 1:30 P.M. The Chairman announced the Commissioners will have lunch at the Green Tile Restaurant in Eustis and the press and public are invited on a dutch-treat basis.
Planning and zoning
Mr. Henry Rogers appeared before the Board concerning an undersized lot. Mr. Rogers purchased this property with the understanding that it was a legal building site. When he applied for a building permit he was told that it was unusable because it was not a full acre. The Board expressed its concern for Mr. Rogers’ problem, but stated that his course of action would be to the Board of Zoning Appeals.
Christopher C. Ford, County Attorney, stated that Mr. Rogers might have some recourse with the seller through the Department of Consumer Affairs and would furnish Mr. Rogers with the proper address and phone numbers to contact.
Michael Willett, Planning Director, appeared to inform the Commissioners of another DRI hearing to come before them on May 21, 1974. He asked if the Board would like to have a special hearing on this at the same time they hear the case on Villeron III which is to be held on May 20, 1974 at 10:00 A.M. The board decided that it would hold a special hearing for the DRI on Oxford Estates on May 20, 1974 at 2:00 P.M.
Mike Willett briefed the Board on the special meeting between Polk County and Lake County concerning the Green Swamp. He asked the Board if he could pursue the idea of drafting an interlocal agreement between the two counties if it did not become too involved or bind Lake County to any financial responsibility. On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the request was approved.
A letter was presented to the Board by James C. Watkins, Clerk, from Mr. W.J. Hastings, Vice-President of Peper Ridge Mobile Home Park, Inc., requesting the placement of a sign on Tally Road directing the public to his mobile home park. The Board referred this matter to the Board of Zoning Appeals.
Christopher C. Ford, County Attorney, briefed the Board on the special pretrial conference in Tallahassee with regard to the Three Rivers Project. Represented at the conference were Lake County, Seminole County, East Central Florida Regional Planning Council, Major Realty, and the State of Florida. It was brought up at this conference that the Department of Natural Resources requested Major Realty to ask for 120 day extension in which they would do nothing with the land in question so that negotiations for the possible purchase of the land by the Department of Natural Resources could take place. Mr. Ford stated that Major Realty was willing to agree with the extension. During this extended period there would be an MIA appraisal of the property and negotiation with the developer for a possible agreement on selling the property to the Department of Natural Resources.
The County Attorney advised the Board that in the DRI procedures it is mandatory that the State make a ruling within 120 days of the filing of the appeal, which is February 4, 1974, of which 50 days have already been used. If the State does not adhere to this requirement it will lose all jurisdiction of the matter. If the Board of County Commissioners decides to grant the 120 day extension it would extend the statutory period for the Hearing Officer and Cabinet to make this decision and move it to 120 days from March 28, 1974. He further informed the Board that if it takes this option and the property is sold to the State, all findings will become mute.
Christopher C. Ford informed the Board that the State is considering buying this property under the determination that this is an Area of Critical Concern, therefore, using the funds available for this particular project for the purchase. Commr. Carson and Commr. Windram both stated that this area is not in the list of projects considered of Critical Concern by the Resource Committee of Lake County and looked as if it was an easy way for Major Realty to relieve themselves of this land. Commr. Hoskinson concurred with the Commissioners’ statement. Commr. Windram brought before the Board’s attention the number of acres taken off the Tax Rolls and this property may be another example of lost taxes which must be made up elsewhere.
Commr. Carson asked that, if the 120 days were granted and the State did not decide to buy the property, when does the statutory determination have to be made.
The County Attorney stated that you have the original 120 days of which 50 is gone, then you would have the 120 days from March 28, 1974, therefore, the State would have 120 days plus the remaining 70 days from the original 120 days to make its final determination.
Commr. Hoskinson asked if Lake County would be hurting itself by granting the 120 day extension. Mr. Ford stated that legally it would, because the other parties involved, in his opinion, are not prepared for a confrontation at this time.
Commr. Carson and Commr. Windram both stated that it would be in the best interest of the people in Lake County to grand the 120 day extension even though it might give the opposition more time to prepare.
The second point that Mr. Ford brought before the Board was that Seminole County had petitioned to intervene in this matter. At the conference Mr. Ford stated that Lake County did not feel that their motion to intervene was sufficient and the Hearing Officer agreed with Mr. Ford on this matter. Seminole has until April 4, 1974 to amend its motion after which time Lake County has until April 12, 1974 to present written objection to the intervention of Seminole County.
The third and most important point discussed was whether the appeal would be heard on the record or if there would be a denovo hearing, which is an entirely whole new trial. Mr. Ford informed the Board that the Hearing Officer made a ruling that the appeal would be heard on the record but served the right to call in expert testimony if he felt it necessary. The hearing is set for April 23, 1974 but it may be postponed according to the action taken by the Board of County Commissioners with regard to the request for a 120 day extension.
Commr. Hoskinson asked if the problem rested in the fact that there was disagreement as to whether the County had properly exercised its judgment and jurisdiction. Christopher C. Ford said that his was true and further stated that the Hearing Examiner will call for proof of abuse of discretion. Mr. Ford again stated that the County’s Official minutes show that due consideration was given to all objections of the East Central Florida Regional Planning Council and gave all parties with objections the chance to be heard. On motion of Commr. Windram, seconded by Commr. Deems and carried, Lake County agreed to the 120 day extension and that the Resource Survival Committee does not consider this an Area of Critical Concern, nor is the action of the Board in any way implying that it is an Area of Critical Concern. Commr. Burhans voted “no.”
Outdoor recreational facilities
Mr. Ed Zagar, from the Game and Fresh Water Fish Commission, appeared before the Board regarding the use of a weed killer to destroy some of the week undergrowth in our lakes. He stated that he had received permission from the proper authorities in Tallahassee and was asking for the Board’s approval so that he could proceed with this work. Commr. Carson asked that he take his request before the LIA, after which Mr. Zagar should write a letter to the Board informing it of the LIA’s decision before the Commissioners take any action on this matter.
Bonds
On motion of Commr. Windram, seconded by Commr. Deems and carried unanimously, a firearm bond for Roland Garnsey was approved.
On motion of Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, a firearm bond for Hubert Williams was approved.
On motion of Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, a firearm bond for Irvin Wayne Butler was approved.
On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, a firearm bond for Marie Louise Wright was approved.
On motion of Commr. Windram, seconded by Commr. Burhans and carried unanimously, the firearm bonds for Francis N. Edwards were approved.
On motion of Commr. Deems, seconded by Commr. Windram and carried unanimously, the firearm bonds for Walter G. Fowler were approved.
On motion of Commr. Deems, seconded by Commr. Windram and carried unanimously, a firearm bond for Max D. Lawson was approved.
On motion of Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, contractor’s bonds for Certificates of Competency were approved for the following:
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#144 |
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William L. Craine (plasterer) |
|
78 |
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True Temp, Inc. |
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144 |
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William L. Craine |
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435 |
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Paul Boyd dba Yale Ogron Builders Sales |
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1165 |
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James D. Shay (mobile home) |
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1169 |
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Don Greene Weirich, Inc. (air conditioning) |
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1170 |
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Arthur C. Peschke (mobile homes) |
On motion of Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the following contractor’s bonds were cancelled:
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#421 |
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Donald M. Dixon dba Dixon Hall Roofing and Siding |
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545 |
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Elwin A Carner (drywall) |
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1013 |
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G.E. Eakright (specialty) |
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161 |
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Don Andrews (mechanical) |
Appointments
A letter from Mr. William Hennessey, Acting Director of Pollution Control, was presented to the Board regarding the expiration of the terms for two of the members on the Pollution Control Board. On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved the reappointment of Mr. Guilford T. Sims, Agriculture; and Mr. Richard E. Toole, Layman; for another two year term.
Animals
The Clerk presented the March report of the Lake County Animal Shelter from Miss Dorothy Gross. It was read and filed.
Tax assessor
On motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Certificates of Correction and Error on the 1973 Tax Roll, numbered 10359, were approved.
State agencies
Commr. Burhans requested that Mr. Glynn Faircloth be appointed as the agent in the area for the Manpower Program. James C. Watkins, Clerk, stated that he thought Mrs. Nicki Knowles, with the Division of Youth Services, was already staffed and equipped to handle this program. The Board requested Commr. Burhans and Commr. Deems research this matter with Mrs. Knowles.
Resolutions
Commr. Carson requested the Board rescind the action taken by the Board regarding the voluntary gas plan. Commr. Hoskinson stated the Board should not be too eager to rescind this because the crisis is not over yet and we might have to adopt it again at a later date. The County Attorney, Mr. Ford, stated that if the gasoline situation gets tight again, having such a resolution on the books might be beneficial to Lake County with regards to allocations. The request of the chairman to rescind the resolution was not considered further.
East central Florida regional planning council
The County Attorney, Christopher C. Ford, presented a letter written to the Council explaining why Lake County was not paying its dues. The Board instructed that a copy of this letter be sent to all Chairman of the Boards of County Commissioners within the region.
Commr. Hoskinson stated that there had been meetings of the East Central Florida Committee on the Elderly and that Lake County had not been represented. He stated that representation is vital and an appointed member should attend. Commr. Carson reminded the Board that when it appointed Earl Kauffman, PH. D., to this position, Mr. Kauffman informed the Commissioners that he would not be in Lake County permanently until June. Commr. Carson further stated that Commr. Hoskinson should contact Mr. Al Chesshyre to find out if he would be available to attend the meetings until Mr. Kauffman arrives.
Public health
Larry Morey stated that the Public Works Department is working with the Division of Forestry and had acquired additional land for the Paisley Landfill. He further stated that the burial land in Astor was about exhausted but that possibly it could be used as a transfer station to Paisley. This would involve building a ramp as well as having boxes for the dumping of garbage and trucks for hauling the garbage to a suitable landfill.
Commr. Carson stated that he had contacted a private refuse company and obtained information regarding the rental of boxes and the fee for hauling. The total cost to the County would be about $2,468 per month.
Commr. Burhans is looking into a possible land purchase for landfill purposes.
Mr. Bob Alderman, Landfill Clerk, appeared before the Board and presented a map of where the various landfills are located. He informed the Board that the State had made changes in requirements regarding the issuing of landfill permits. At this time the County is operating under the old laws but if legislation is passed concerning landfills the County will have until July of 1976 to conform.
Landfills, cont.
Mr. Bill Hennessey stated that at this point if legislation is passed the County will be given a date to find an alternate site for those landfills that do not meet the State’s requirements. Mr. Hennessey also added that he felt that not all the landfill permits the County was applying for would be approved by the State because several of the sites potential use is almost exhausted.
Mr. Alderman stated that he has all the necessary information needed on the permit applications but that a check for $20 must accompany each application.
On motion of Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, it was approved that applications for permits be made for all 10 landfills operated by Lake County and that the application fee in the amount of $20 is to accompany each application.
Accounts
On motion of Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, travel was approved for the Veterans Service Officer, Assistant Service Officer, and the secretary to attend the Annual State Wide Service Officers Training Conference in Daytona Beach, May 4 – 10, 1974.
On motion of Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board approved the cancellation of General Revenue Fund Warrant No. 1269, made payable to Ryder Truck Rental, Inc., in the amount of $36.35 due to duplicate payment.
On the motion of Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the cancellation of Road and Bridge Fund Warrant No. 445, made payable to National Glass Company, in the amount of $61.58 because it had been paid by the insurance.
On motion of Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the transfer of $22,000 from General Revenue Fund Contingency to Account No. 2780341 “Contracted Service” for the contract between King Kelie Planning Group, Inc. and Lake County.
On motion of Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the transfer of $250 from General Revenue Fund Contingency to Account No. 5106335 “Telephone” for the animal shelter.
On motion of Commr. Burhans, seconded by Commr. Windram and carried unanimously, the purchase of a time stamp for the Commissioner’s Office in the amount of $239.00 was approved.
On motion of Commr. Deems, seconded by Commr. Burhans and carried unanimously, the transfer of funds from Salaries to Equipment in the Department of Pollution Control’s budget for the purchase of a 1974 Jeep was approved.
There being no further business to bring before the Board, the meeting was adjourned at 5:00 P.M.
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james r. carson, jr., chairman
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James C. Watkins, Clerk