A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

NOVEMBER 18, 1975

The Lake County Board of County Commissioners convened in regular session on Tuesday, November 18, 1975, in the Commissioners’ Room, Courthouse, Tavares, Florida.  Present were:  Jim Hoskinson, Chairman; Thomas Windram; C.A. Deems; Glenn C. Burhans; and James R. Carson, Jr.  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, Clerk, and the Pledge of Allegiance was led by James R. Carson, Jr.

county employees

The Chairman briefed the Board on a meeting he attended in Orlando on Monday, November 10, 1975.  He stated that Florida Atlantic University is planning to establish a computerized center equipped with a watts line to which governmental agencies could call and receive information on Labor Contracts which had been negotiated.  He stated that the University hoped to receive a grant to assist in the funding of this project.  The Chairman presented to the Board a letter supporting this project sponsored by Florida Atlantic University.  On a motion by Commr. Carson seconded by Commr. Burhans and carried, the Board approved the letter as presented and directed that it be forwarded to the proper authorities.  Commr. Windram was not present for the vote.

communications

Commr. Hoskinson stated that he had received copies of letters from the cities of Mount Dora and Eustis requesting a meeting with the Commissioners to discuss the future use of the Lake County Landfills.  The Board stated that they wished to take this matter up when the County Engineer is present.

Commr. Hoskinson reminded the Board that it had received an invitation to attend a flag raising ceremony on November 22, 1975 at 2 p.m. in Astor.

public health

Commr. Hoskinson stated that he had received copies of letters from the cities of Mount Dora and Eustis requesting a meeting with the Commissioners to discuss the future use of the Lake County Landfills.  The Board stated that they wished to take this matter up when the County Engineer is (please note:  this sentence was incomplete on the original Minutes)

contracts and agreements

Commr. Windram stated that the County may move to the North Central Florida Regional Planning Council; however, he stated that the County would have to remain in the East Central Florida Regional Planning Council district in the field of Health Planning due to a contract which has been signed and he presented to the Board a copy of this contract for its files.

bids

At 9:30 A.M. the Chairman announced that the advertised time had arrived to open bids on the sale of a grease rack which was declared surplus.  The Clerk read the proof of publication and stated that one bid had been received from Mr. John Jarnigan for $10.00  The Board stated that this metal grease rack would sell for more than that if it were cut up for scrap metal.  On a motion by Commr. Burhans seconded by Commr. Deems and carried unanimously, the Board rejected all bids because the bid prices were less than the market value of the grease rack for scrap metal.

contracts and agreements

Commr. Windram stated that the Board had to approve a contract between the City of Leesburg and Waterman Memorial Hospital for the operation of the Northwest and Northeast Ambulance Service.  He stated that the contracts were the same except the fiscal year has been changed to correspond with the County’s.  However, he questioned the amount of insurance required in the contract.  Mr. Ford stated that the County required the Division of Motor Vehicles to carry more than the minimum limits involving the new headquarters in Astatula.  On a motion by Commr. Windram seconded by Commr. Burhans and carried unanimously, the Board approved the contracts between Lake County and the Northeast Lake County Hospital District and the Northwest Lake County Hospital District for the operation of the Ambulance service with an increase in the liability insurance coverage to $100,000 per person and $300,000 per accident.

proclamations

On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board proclaimed November 23, 1975 as Mascotte Day in honor of its fiftieth birthday.

public health

Commr. Windram stated that last week the Board designated the Lake County Health Department as the licensing agency for child care centers in Lake County.  At this time he stated that he had received copies from Mr. Bennie Jones regarding Children’s Services and requested that a copy of these rules be filed in the office of the Board of County Commissioners.

county employees

Commr. Deems presented to the Board the Resume of Mr. Wayne Bennett to fill the CETA position previously held by Mr. Joe Knight in the Planning Department.  Discussion was held.  The Board requested that Commr. Deems interview this individual and set up an appointment for him to be interviewed by the entire Board of County Commissioners if he feels it is necessary.

public health

Commr. Burhans stated that he was concerned over the County’s liability involving the construction of the platforms at the “green boxes” in the Astor area. Mr. Ford stated that in his opinion the County would be covered under its General Liability Insurance.  The Board requested that Mr. Van Porter notify the appropriate agent regarding this recent action by the County in the establishment of green boxes in the Astor area and the necessity to construct necessary ramps.

animals

Commr. Hoskinson stated that he had conferred with Mr. Dick Hennings regarding a change in the animal Control Ordinance.  He stated that he would forward to each Commissioner a copy of this proposed amendment to the Animal Control Ordinance for the Board’s consideration.

public health

Mr. Howard Blount owner of B & B Refuse in Astor appeared before the Board and expressed to the Board his objections to the manner in which he was notified of the closing of the Astor Landfill.

He also objected to the non-franchising of the federally contracted refuse hauler who services the Ocala National Forest.  The Board explained to Mr. Blount that the County is unable to enforce its regulations on an individual who is contracted by the Federal Government and who is dumping refuse on Federal property.

The Board stated that it hoped to have the Transfer Station location in operation as soon as possible and apologized to Mr. Blount for the inconvenience.

roads county

Mr. Tom Dougherty, Attorney, appeared before the Board on behalf of Mr. Neil Smith to discuss with the Board the matter involving the construction of a road with Miami Asphalt Curbing rather than Concrete Curbing.  Mr. Dougherty brought to the attention of the Board that Polk County had used this type curbing and presented to the Board photographs of a road which was eight years old equipped with Asphalt Curbing.  Mr. Dougherty suggested that this type of construction be permitted in Lake County involving his client’s particular subdivision as a pilot project.  Mr. Ford, County Attorney, objected strongly to this due to the fact that if the Board allowed this method of construction it would have to allow other developers the same opportunity.

Commr. Carson expressed his opinion that he was not against this type of curbing and would be willing to change Lake County’s regulations regarding the construction of the road for all developers to take advantage of this construction provided that suitable specifications could be drawn to prove that this would be just as durable as Concrete Curbing.  Commr. Deems stated that Asphalt Curbing construction is in an experimental stage and is only used by maybe a few counties.  Commr. Carson moved that the present regulations of Lake County concerning the construction of roads and the installation of concrete curbs not be changed at this time; this motion was seconded by Commr. Deems.  Commr. Burhans, Commr. Hoskinson and Commr. Windram voted “no.”  Commr. Carson and Commr. Deems voted “yes.”  The Chairman announced that the motion had been defeated.  Discussion was held.  Commr. Windram stated that he was not totally convinced that this type of road construction would not prove to be satisfactory.  He further stated that if it would lower the cost of decent housing to the people of Lake County he felt it should be carefully considered and would like more detailed information on the specification required for this type of construction.

At this time Mr. Smith stated that he would conform to any additional specifications for the construction of a road with Asphalt Curbs that the County felt was necessary to protect itself and prevent deterioration of the road.

The Board requested that Mr. Donoghue, County Engineer, research this matter, draw the necessary specifications for the construction of roads with asphalt curbing which would be just and durable as the construction of roads with concrete curbing and present these specifications to the Board for its consideration on December 2, 1975.

public health

At this time Mr. Donoghue asked if it would be satisfactory to establish a minimum of $25 for Landfill prepayments.  This met with the Board’s approval.

The Board discussed with Mr. Donoghue the establishment of a meeting with various cities to discuss the use of the Lake County Landfills by the municipalities.  The Board directed the Clerk to write to those municipalities requesting a meeting with the Commissioners to discuss this matter that definite costs will be given to the Board within 90 days and it will contact them regarding the requested meeting.

animals

Commr. Hoskinson discussed with the Board the disbursement of the Dog Tags for Lake County.  He briefed the Board on the procedure followed by Orange County.  He stated that prenumbered receipts are bound in a book numbering 100 to a book and they are assigned to approved agents as well as veterinarians.  The cost of the license is $2.00 and if it is sold by the veterinarian he would retain $.50 and $1.50 would be turned over to the County.  On a motion by Commr. Deems seconded by Commr. Carson and carried unanimously, the Board established the license fee at $2.00 per tag with the veterinarians retaining for themselves $.50 per tag if sold through their office and that the bookkeeping will be done by the County Finance Department.

recess and reassembly

At 12:00 noon the Chairman announced that the Commissioners would adjourn for lunch at the Silver Lake Golf and Country Club.  The public and press were invited on a Dutch-treat basis.

licenses and permits

Mr. Willett presented to the Board a request from Mr. Arthur Pile in the Pine Lakes Subdivision for permission to live in a mobile home on the same piece of property on which his conventional home is being constructed.  On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board approved the request of Mr. Pile provided that the required bond is posted and that the mobile home is removed immediately upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners.

Mr. Willett presented to the Board another request from Mr. Sidney Williams of Sorrento to live in a mobile home on the same piece of property on which his conventional home is being constructed.  On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board approved the request of Mr. Williams provided that the required bond is posted and the mobile home is removed immediately upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners.

Bonds

On a motion by Commr. Deems seconded by Commr. Burhans and carried unanimously the following Contractor Bonds were approved:

1059-76           Charles G. Hartsaw

1356-76           Maurice E. Day dba Palm Shores Mobile Home Sales

1357-76           Charles R. Hughes dba Kinney & Weaver Builders, Inc.

1368-76           Robert G. Baugh

1359-76           Morris C. Gulbrandson

1360-76           Pete A. Rutskin dba All State Homes, Inc.

1361-76           Winifred B. Spradlin, Jr., dba A.W. Smith & Son, Inc.

 

On a motion by Commr. Windram seconded by Commr. Deems and carried unanimously, the following Contractor Bonds were cancelled:

97-75               J.E. Patterson

206-74             Ray Wood dba Ray Wood’s Electric

381-74             Sherman Leo Walker, Jr.

608-75             Richard R. Von Bampus

624-75             Ronald R. Krueger dba Ron’s Mobile Home Service

878-74             William R. Snyder dba Snyder & Associates

1057-76           Hugh A. Stump, Jr., dba Aluminum Construction Company

1092-75           Wayne S. Austin

1149-75           Stanley M. Holmes

1258-75           Herbert A. Bolves dba Herbert A. Bolves

 

accounts-other

The Board referred to Mr. Yoder the reimbursement request from Mrs. John M. Davis for proper presentation to the Board.

reports

On a motion by Commr. Carson seconded by Commr. Windram and carried unanimously, the Board accepted the monthly report from the Traffic-Criminal Department of the Clerk’s Office.

contracts and agreements

The Clerk informed the Board that Dr. Thomas Langley, Chairman of the Emergency Medical Services Council, had reviewed the contract with the Department of Health and Rehabilitative Services for $26,100.00 in EMS funds and that it met with his approval.  On a motion by Commr. Windram seconded by Commr. Deems and carried unanimously, the Board directed the Chairman to sign the Contract between the Department of Health and Rehabilitative Service and Lake County for Emergency Medical Services grant funds.

licenses and permits

On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board approved the request from James J. Hay to change his firearm permit to a Smith and Wesson of .38 caliber, serial number J 183463 for the remaining period of his previously approved gun permit.

accounts allowed

The travel request submitted from Mr. Donald Quagliotti, Civil Defense Director, was referred to Commr. Hoskinson for his attention.

planning and zoning

86-75-5           r-1-7 to r-1-5                        Clifford Kerce

No one appeared before the Board in opposition to this case.  On a motion by Commr. Burhans seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved to R-1-5.

102-75-5         RMRP to RM              C. B. Marshall

Mr. Marshall appeared before the Board regarding this case.  He stated that when the property was rezoned he had moved and never received notification of the rezoning which could be verified by the Planning Department.

The Board stated that if the Planning and Zoning Commission had been informed that Mr. Marshall did not receive notification of the proposed rezoning the request for rezoning to RM may have been considered in a different manner.  On a motion by Commr. Carson seconded by Commr. Windram and carried, the Board postponed this case until December 16, 1975, and returned it to the Planning and Zoning Commission for further review.  Commr. Burhans abstained from the discussion and vote because he is a partner in business with Mr. Marshall.

101-75-4         A to RR                       Donald Powers

Mrs. Wilkins of Eustis who owns property adjacent to the property under consideration for rezoning appeared before the Board in opposition to the granting of this rezoning.  She stated that she was maintaining groves in this area and that the development of this land may be detrimental to her groves and business.  Mrs. Kirkland, another property owner in the area, stated that she concurred with the feelings of Mrs. Wilkins.

Mr. Donald Powers appeared before the Board and presented a concept of the development slated for the property in question.

Mr. Robert Tuller appeared before the Board and inquired if this was in conformity with the Master Land Use Plan.  Mr. Willett stated that it was.

On a motion by Commr. Deems seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved to RR.

96-75-4           A to RR                       Robert Gamble

Robert Gamble appeared before the Board and stated that he planned to divide this property into 28 lots.  No one appeared before the Board in opposition to this rezoning.  On a motion by Commr. Windram seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved to RR.

100-75-4         RR to R-1-15              Dwight Davis, Jr.

No one appeared before the Board in opposition to this rezoning.  On a motion by Commr. Windram seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved to R-1-15.

93-75-1           CP, A, RMRP, and R-1-7 to all CP                General Growth Properties

Mr. Robert Tuller appeared before the Board regarding this case to express his opinions involving the handling of traffic on Highway 441.  No one appeared before the Board in opposition to this rezoning.  On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved to CP.

88-74-4           R-1-7 to MP                E. E. Timmons

Mr. Timmons appeared before the Board and stated that he would not be conducting an auto body repair shop and that there would not be excessive noise.  He stated that with the room he has available to work in the business would be strictly automotive repair.  On a motion by Commr. Windram seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved to MP.

97-75-1           RR, C-2 to C-1            Phyllis Butler, Trustee

Mr. James Swinford appeared before the Board on behalf of Phyllis Butler who had to attend another meeting.  On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved to C-1.

94-75-2           C-1 to CP                    John O’Kelley

Mr. Willett informed the Board that this case was withdrawn by the applicant; therefore, no action was taken.

99-75-3           Approval for a Fruit Stand in MP      W.B. Langston

No one appeared before the Board in opposition to this use in MP.  On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the Board approved construction of a fruit stand in an MP zone.

98-75-3           RMRP to A                 P & Z Commission

No one appeared before the Board in opposition to this rezoning.  On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved to A.

95-75-3           RMRP to A RMRP to A                     P & Z Commission

No one appeared before the Board in opposition to this rezoning.  On a motion by Commr. Carson seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved to A.

ordinances

Mr. Willett requested approval to advertise four ordinances amending the Lake County Zoning Rules and Regulations.  On a motion by Commr. Burhans seconded by Commr. Deems and carried unanimously, the Board approved advertisement of the four ordinances to be sent for a public hearing before the Board of County Commissioners on December 9, 1975, at 11:00 A.M.

resolutions

Mr. Willett presented to the Board a Resolution requesting the Corps of Engineers to prepare a flood plain information report for the Blackwater Creek drainage sub-basin.  Mr. Ford reviewed this Resolution with the Board because he felt that the wording may not convey the Board’s wishes.  Discussion was held.  On a motion by Commr. Carson seconded by Commr. Windram and carried unanimously, the Board adopted the Resolution as amended.

roads county

Mr. Bill Neeley of Montverde appeared before the Board regarding the Subdivision being planned by Mr. Neil Smith.  He stated that there is a problem regarding the title of his land.  He stated that a railroad right of way cuts directly through the property he plans to subdivide; however, on all plans drawn for this subdivision this right of way does not appear.  He informed the Board that he had contacted the Seaboard Coastline Railroad to inquire if Mr. Smith had corresponded with them regarding the possible purchase of this land and he was informed that no such correspondence had transpired.

Further discussion was held.  Mr. Neeley stated that he felt the Board of County Commissioners should be made aware of this problem and requested that he be notified when this matter is presented to the Board again for consideration.

appropriations

The Clerk presented to the Board a request from the Legal Aid Society for a $2,000 advancement in order to meet payroll expenses.  The Clerk stated that it is the County’s policy to reimburse expenditures on a monthly basis as the County receives an exact payroll invoice showing the specific expenditures and therefore cannot recommend that the County change its policy at this time.

The Board accepted the recommendation from the Clerk and took no action on the above request.

county employees

Commr. Windram presented to the Board his recommendations on the placement of Mr. Evan Porter on the County’s Payroll as an employee of the Board of County Commissioners.  Commr. Windram recommended that he be employed as a Special Assistant in the field of Personnel and Employee Relations.  His duties will include the establishment of a central employment system, review and update the personnel policy, assist in supervision, Labor Relations and will take charge of the administration of the CETA and LEAA programs.  Discussion was held regarding the availability of office for the establishment of this office.

On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board approved that effective December 1, 1975, Mr. Evan Porter will be employed by the Board of County Commissioners as a Special Assistant in the Field of Personnel and Employee Relations at an annual salary of $13,000 and authorized the necessary transfer from Contingency.  The Board also approved the transfer of $1,500 from Contingency to Equipment and Supplies.  The Board stated that the secretarial position created by this transfer will be salaried at $7,200 which will be paid from CETA Administration funds.

At this time Commr. Windram volunteered to be the liaison Commissioner to this newly created department and was appointed by the Chairman to fill this capacity.

Commr. Hoskinson presented to the Board the growing need for a central purchasing agent.  Discussion was held regarding the availability of space for the establishment of this position.  Commr. Hoskinson stated that he had been approached by many individuals interested in applying for this position should it be created.  It was suggested that Mr. Glen Middleton, Building Official, be approached regarding his interest in filling the position as Purchasing Agent.  On a motion by Commr. Windram seconded by Commr. Carson and carried unanimously, the Board authorized Commr. Hoskinson to confer with Mr. Middleton regarding his interest in becoming the Purchasing Agent for Lake County at his present salary level.

commissioners

Mr. Ford, County Attorney, reported to the Board that he had received information from the Ethics Committee stating that if a Commissioner declares a conflict of interest involving a matter before the Board and does not vote, the filing of Form 4 is not necessary; however, if a conflict of interest is declared and the particular Commissioner takes part in the discussion and vote he must complete Form 4 and file it only with the person keeping the records of the Board for that meeting.

resolution

Mr. Ford presented to the Board a Resolution forgiving taxes in the amount of $114.65 regarding the portion of land the County traded with Mr. and Mrs. Carl Duncan in order to facilitate and acquire necessary land to build the new Lake County Courthouse.  On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board adopted the Resolution as presented by Mr. Ford.

communications

Mr. Ford presented to the Board a letter which he had received from Teleprompter regarding the merger whereby the company presently holding a CATV will merge into Teleprompter Southeast, Inc.  He stated that according to the license agreement this merger requires approval of the Board of County Commissioners.  Commr. Hoskinson stated that he would like to investigate this matter before action is taken by the Board.

There being no further business to be brought before the Board, the meeting was adjourned at 4:55 p.m.

___________________________

J.M. Hoskinson, chairman

 

___________________________

James C. Watkins, Clerk