A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
january 20, 1976
The Lake County Board of County Commissioners convened in regular session on Tuesday, January 20, 1976, at 9:00 a.m., in the Board of County Commissioners’ Room, Courthouse, Tavares, Florida. Present were: Thomas J. Windram, Chairman; C.A. “Lex” Deems; Glenn C. Burhans; James R. Carson, Jr.; and J. M. Hoskinson. 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.
communications
Commr. Windram presented to the Board an information pamphlet of seminars being held by the Lake Sumter Community Mental Health Center.
The Chairman presented to the Board a letter of complaint from Mr. Edward Simmons of Mount Dora regarding violations which he feels exist in his area. Commr. Windram requested the Clerk to forward these complaints to the Code Enforcement Officer for proper action.
proclamation
Commr. Windram presented to the Board a request to have January 26-31 proclaimed Farm Bureau Week. Discussion was held. On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Board adopted a proclamation declaring January 26-31 Farm Bureau Week.
Autos and trucks
Commr. Windram stated that he had been contacted by the Civil Defense Director regarding the possible acquisition of two 2 ½ ton six by six excess vehicles. Discussion was held. The Board members felt that if the vehicles were in good condition, it should be approved for the County to attempt to have them allocated to Lake County in order to assist the various Volunteer Fire Departments. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved for the necessary papers to be forwarded to Georgia for the acquisition of two 2 ½ ton six by six vehicles through the excess property program.
insurance
At this time Mr. Bob Boswell, Agent for the Company who holds the County Employee Medical Plan, appeared before the Board. Mr. Boswell stated that due to inflation and the economic situation, an increase in rates would be necessary. The Board stated that they were satisfied with the service, but felt that this should be referred to the Insurance Committee for review and recommendation to the Board on February 3, 1976.
The Board asked Mr. Boswell if he could wait until February 3, 1976 for the County’s answer of its intention to continue the Medical Insurance Plan with Time Insurance. Mr. Boswell stated that this would be satisfactory and that the County did not have to worry about a lapse in the coverage.
communications
Commr. Hoskinson stated that he had received a call from Mr. Kenny Osbourne regarding dumping problems in one of his groves. Commr. Deems stated that people will use it for a dump if the garbage is not removed. Commr. Hoskinson stated that he had brought it to the attention of the Zoning Violation personnel who are supposed to advise him on the matter.
public health
Commr. Hoskinson stated that according to the newspaper, Central Medi Car, Inc. is scheduled to have a hearing before the Public Service Commission Examiner on February 3, 1976. Mr. Ford, County Attorney, stated that a telegram had been sent expressing Lake County’s objection to this service being allowed to operate in Central Florida and suggested that a representative be sent to this hearing. Commr. Hoskinson requested that Mr. Ford find out where and what time this hearing is supposed to be held.
Mr. Ford stated that he had read in the paper that a used ambulance was being donated to Tavares Fire Department for its use and suggested that a letter be sent to the Emergency Medical Services Council informing them of this matter.
accounts allowed
Commr. Hoskinson presented to the Board a request from Fred Bollenberg, Veterans Service Officer, requesting permission to attend a special Veterans of Foreign Wars meeting in Washington March 5-9, 1976 on County time. Discussion was held. It was felt that according to his letter, it seemed that this was more a personal trip even though matters would be discussed which would benefit the veterans of foreign wars and questioned the legality of allowing him to attend this meeting without charging his vacation time for the period he would be out of the office. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried, the Board approved for Mr. Bollenberg to attend this meeting at no expense to the County, subject to the approval of the County Attorney. Commr. Windram and Commr. Deems voted “no” because they felt that it was not a necessary trip and that he should remain in the office attending his assigned duties.
east central florida regional planning council
Commr. Hoskinson stated that he had received a letter from the East Central Florida Regional Planning Council stating that according to the new guidelines pertaining to Committee Membership and Voting Procedures, Lake County may appoint two voting members to the 208 Area-wide Planning Advisory Committee, and three additional non-voting representative may be appointed as Committee members. Discussion was held. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board appointed Commr. Hoskinson and Mr. William Hennessey, Director of Pollution Control, to serve on this committee. The Board also reappointed Mr. Michael Willett, Director of Planning, and Mr. Michael Donoghue, County Engineer, to this committee; however, the Board designated Commr. Hoskinson and Mr. Michael Willett to be Lake County’s two voting members.
The Board requested that the Clerk notify the East Central Florida Regional Planning Council of the Board’s action as well as notify the committee members as mentioned above.
courthouse
Mr. Edward Kruger, Harvey Spears and George Bradshaw, representatives of the Florida Telephone Corporation, appeared before the Board with a study report involving the telephone communications within the Courthouse.
Mr. Kruger stated that the system had been checked, and there were no apparent problems at this time. Mr. Bradshaw informed the Board that according to the traffic study made, the busiest hours of the Courthouse switchboard are 9:00 a.m. – 10:00 a.m., 11:00 a.m. – 12:00 noon, and 3:00 p.m. – 5:00 p.m. The slow hours are 10:00 a.m. – 11:00 a.m. and 1:00 p.m.- 3:00 p.m.
Discussion was held regarding placing outside lines directly into several offices which would help the load of outside calls going through the switchboard and would make more lines available for incoming calls. Commr. Carson suggested splitting the switchboard to allow only a certain number of lines for incoming calls. It was explained that an individual would rather reach a busy signal than to obtain a ringing signal and have no one answer the line because the operator is attending to a possible 15 other calls that come in first. Discussion was held.
On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved the splitting of the County switchboard allowing for 9 trunk lines to be designated for incoming calls and the remaining trunk lines designated for outgoing calls.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board requested that the Clerk inform Mrs. Emogene Stegall, Supervisor of Elections, that the phone which is installed in her department to aid in alleviating the load of calls during the election year is to be kept on a permanent basis.
communications
Mr. Marion McNair, Executive Director of Helpline, appeared before the Board regarding the Board’s interest in having the various County offices included in the Community Resources Directory at a monthly charge of $75. He stated that this directory would be updated with any changes every 30 days. Discussion was held.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board stated that it was not interested in participating in the Community Resources Directory at this time.
accounts allowed
Commr. Windram stated that there was a bill from the Welfare Department omitted from the regular monthly bills which were approved last week and requested action be taken at this time. On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board approved payment of an electric bill to Florida Power in the amount of $41.18 for an indigent of Lake County in District #1.
resolutions
Mr. Willett presented to the Board for approval a resolution changing the fees charged in the Planning and Zoning Department. The Board reviewed the resolution as presented to the Board by Mr. Willett, at which time discussion was held on the wording invoking a CUP for Planned Unit Developments and the request to charge a penalty fee for a postponement. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board adopted the resolution subject to the deletion of fees charged for a postponement of a rezoning case and with the change in wording in CUP for the Planned Unit Developments.
Mr. Willett requested that the Board adopt a resolution authorizing the Secretary of Transportation of the State of Florida to file an application with the Urban Mass Transportation Administration for a study grant in Lake County with Lake County contributing 10 percent of the cost of technical study in in-kind services. Mr. Willett stated that this is in compliance with the Comprehensive Planning Grant. On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board adopted the resolution as requested above.
public health
Commr. Windram presented to the Board a letter he had received from Post, Buckley, Schun & Jernigan, Inc. regarding the status of Lake County’s 201 Grant Application. He informed the Board that the Environmental Protection Agency had disallowed most of the existing engineering report which Lake County had planned to use as its matching share for the 201 Plan except for the infiltration/inflow analysis for the City of Eustis and the soil analysis for the City of Mount Dora. Therefore, Lake County and its municipalities must raise matching funds in the amount of $33,661.00.
Discussion was held regarding the interest of the various cities to contribute funds to make up the matching share required. It was the feeling of the board that no action could be taken at this time until it had received written letters from the various cities expressing their intention to help in raising the amount of funds needed. The Board requested Mr. Willett to contact the cities and request a written answer from them regarding this situation.
At this time, Commr. Windram stated that the funds could be paid in two installments or in one lump sum on the 1st of October, 1976 when the cities and County enter a new budget year.
recess and reassembly
At 12:00 noon the Chairman stated that the Board would adjourn for lunch at the Lamp Post Restaurant. The public and press were invited on a dutch treat basis.
appropriations
Mr. Porter, Special Assistant, appeared before the Board regarding Lake County Open Door, Inc. He stated that their State Contract for funding did not expire until April 6, 1976; however, they had received notification that due to cutbacks, they would be funded through February 8, 1976 and was requesting permission for this organization to be funded under the County’s CETA Program in which funding is available. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the funding of the Lake County Open Door, Inc. under the County’s CETA Program effective February 8, 1976.
accounts allowed
Commr. Hoskinson stated that he planned to attend the National Association of Counties Legislative Conference in Washington March 28-31 in Washington and that on one of those days, the Labor Management Relations Committee will meet. He requested permission for Mr. Porter to travel to Washington to attend the labor portion of the conference with Commr. Hoskinson. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved travel for Mr. Porter to attend the Labor Management Relations Committee meeting in Washington, D.C.
schools – misc.
The Chairman presented to the Board a letter from the City of Eustis requesting the County assist them in moving dirt through the use of heavy equipment in the construction of two baseball diamonds and a football field on the Eustis Heights School property. On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the above request was approved.
outdoor recreational facilities
Commr. Windram presented to the Board a letter from Lake YMCA Indian Guide Program requesting permission to use Marsh Park for a campout on February 7-8, 1976 and for a family picnic on February 21, 1976. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the above request, provided that it is understood that the park be left in proper condition after each activity.
communications
Commr. Windram read to the Board a response from the Department of Transportation to Dr. J. F. Whitt regarding his objection to the widening of Dixie Avenue in Leesburg.
roads – county
Commr. Burhans stated that some time ago the Bassville Park Volunteer Fire Department had requested that improvements be made on Park Road leading to their Fire Department, but at the time there was a problem with the right of way. He stated that legal right of way has been obtained and requested that the work be done. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board authorized that the work on Park Road be done.
Commr. Burhans presented to the Board a problem which exists on DR 5-9380 and DR 5-9380A. The County maintains the road only down to a certain point on this road, and vehicles are turning around on the property owned by Mr. Williams. Therefore, he requests that a DEAD END sign be posted at in the proper location. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Public Works Department was directed to post the requested sign.
planning and zoning
106-75-5 r-1-7 and c-2 to a roy and judy smith
Mr. Willett stated that this case had been discussed with the County Attorney, and it was suggested that the zoning be changed to C-2 to allow the petitioner to operate the business requested. 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 zoning was changed to Agricultural.
108-75-1 a to c-2 h.l. pringle
Mr. Pringle appeared before the Board regarding this case. He stated that if the Board of County Commissioners wished to consider a CP zoning, this would meet with his approval.
Mr. Robert Tuller appeared before the Board in opposition to the rezoning of this property. He stated that the adjacent property owners were also opposed to this property being rezoned, because they felt it would be detrimental to the surrounding residential area, as well as create drainage problems.
Mr. Willett stated that the Department was not in favor of the rezoning, because his Department is attempting to prevent the highway frontage of 441 from becoming exclusively commercial property and felt that there were other uses of the land which would be more beneficial to the area and less conspicuous.
Mr. Walsh, President of the Silver Lake Association, requested that consideration of the changing of the zoning to CP be postponed until the Silver Lake Association had an opportunity to discuss this new proposal.
Discussion was held. The Board stated that it would like to reach a compromise in this situation. On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the recommendation of the Planning and Zoning Board was overturned, and the rezoning was changed to CP with a maximum depth of 400 feet. Commr. Hoskinson and Commr. Deems voted ”no.”
113-75-4 & 5 rp to a p & z Commission
Commr. Burhans stated that all the property owners had not been notified and requested that this be postponed. On a motion by Commr. Burhans, seconded by Commr. Deems and carried, this case was postponed until February 17, 1976 at 2:00 p.m. or as soon thereafter as possible. Commr. Carson voted “no.”
114-75-1 lm to c-2 catherine lee giles
Mr. Larry Taylor, attorney, appeared before the Board regarding this case. He stated that he was aware that the Planning and Zoning Commission had recommended the rezoning be changed to CP; however, he stated that in his opinion an undue hardship would be placed on his client and requested that the Board consider approving the original rezoning request of C-2.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Board and approve the rezoning be changed to C-2 as originally requested.
118-75-1 rp to a mun whildon cauley
No one appeared before the Board regarding this case. The Board asked Mr. Willett if Mr. Cauley would be able to live in his home which is located on the property if this rezoning was approved. Mr. Willett informed the Board that there would be no problem in this matter.
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 Agriculture.
117-75-2 r-1-7 to rr robert gregory teeter
No one appeared before the Board regarding this case. On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld, and the rezoning was changed to RR.
121-75-2 r-1-7 to a p & Z Commission
No one appeared before the Board regarding this case. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld, and the rezoning was changed to Agriculture. At this time, Commr. Hoskinson stated that he was concerned about the possibility that muck farming might take over this area. Mr. Willett stated that this can be controlled, because a permit must be obtained before muck farming is allowed.
123-75-3 a and r-1-7 to all a p & z commission
No one appeared before the Board regarding this case. On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld, and the rezoning was approved to Agriculture.
120-75-4 r-1-7 to ra margurite depew
At this time Mr. Willett read to the Board a letter from Mr. William Garland objecting to this rezoning.
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld, and the rezoning to RA was denied.
119-75-5 rmrp to a martin e. stricklen
No one appeared before the Board regarding 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 Agriculture.
122-75-5 r-a-7 to cp harry m. williams
No one appeared before the Board regarding this case. On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the recommendation of the Planning and Zoning Board was upheld, and the rezoning was approved to CP.
At this time Mr. James Shipley, President of Music Box, Inc., appeared before the Board and stated that in May of 1975, WLBE FM went off the air, and he has acquired from the FCC permission to operate an FM station on this frequency in Lake County; however, he has to be in operation by February 1, 1976. Mr. Shipley requested that the Board grant him permission to use a mobile office as a radio station for about 90 days until the station can be moved to South Lake County. Discussion was held.
The Board was sympathetic to Mr. Shipley’s problem, but informed him that it would be unable to approve such a request, because it would be in violation of Lake County’s Zoning Rules and Regulations. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, Mr. Shipley’s request was denied.
county buildings
Mr. Middleton reported to the Board on the cost of the changes needed at the Umatilla Barn if the Health Department is going to use a portion of this building for its clinics. He reported that another bathroom would have to be installed as well as another entrance to the main part of the building. No one appeared before the Board regarding this case. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the necessary changes be made at the Umatilla Barn at a cost not to exceed $1,000.
sheriff
Commr. Hoskinson presented to the Board figures provided by the Sheriff’s Department listing the increase that would be needed in the clothing and bedding inventory if the laundry for this department is going to be done through a commercial service.
Discussion was held. It was the Board’s opinion that $28,000 to increase the jail’s clothing and bedding inventory was prohibitive, and therefore, on a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board transferred $12,000 from the Fine and Forfeiture Contingency to the Sheriff’s “Equipment” budget and approved that the necessary budget amendment be made.
county buildings
Mr. Middleton presented to the Board for its review and study a recommendation regarding the air conditioning/heating unit in the office of the Tax Collector and Property Appraiser. He stated that it would cost approximately $30,000 to install a system by which each office would have independent control over the temperatures. No action was taken at this time.
communications
Commr. Burhans presented to the Board a letter from Leecon, Inc. regarding a bill that has been pre-filed in the Legislature providing that the Board of County Commissioners contract through the competitive bid process for work on roads which exceeds $3,000. Commr. Deems stated that this would almost eliminate the Road and Bridge Department from doing any road work. Commr. Carson stated that he would like to speak with Mr. F. B. Ezell, Jr., Vice President of the Florida Transportation Builders’ Association about this matter.
county employees
Mr. Porter appeared before the Board and stated that he had discussed the vacancies with Mr. Willett which exist in the Planning Department. He informed the Board that Mr. Willett does not feel it is necessary to fill all the positions, but requested that Debby Hall, who has been away on maternity leave, be rehired to fill the position as Code Enforcement Officer I as well as doing clerical work. On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved the employment of Debby Hall as Code Enforcement Office I/Clerical at an annual salary of $6,000 effective immediately. It is understood that she will be subject to the routing probationary period.
bonds
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the following Contractor Bonds were approved:
1243-76 Salvatore Cicarello (Masonry Contractor)
1386-76 Clifford Twetan dba Griffwood Associates
1388-76 David B. Weis (Building)
1389-76 H. Duane Moffitt dba M. C. of Florida Inc.
1390-76 Wendell McGregor dba McGregor Construction Company, Inc.
reports
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board accepted the monthly Traffic and Criminal Report from the Clerk’s Office.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board accepted the monthly Youth Programs report.
machinery and equipment
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved for the Clerk to obtain quotations on a check signer and protector for the Board of County Commissioners.
right of way – roads
Mr. Ford stated that he had spoken with the DOT and was informed that if the County asked for another appraisal to be made on the land under consideration for purchase for the construction of 452A, the letting of the bid may be pushed back quite a while. Commr. Windram stated that the Board passed a resolution and that the County still wanted another appraisal to be made.
county employees
Mr. Porter appeared before the Board regarding the employment of alternates at the MVI station. He stated that he had discussed the matter with Mr. Frank Woodson, who informed him that he experiences difficulty in obtaining alternates when they are required. Mr. Porter stated that a certain amount of funds were budgeted for four alternates and requested that the number of alternates be expanded to six with no change in the budgeted figure. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the increase of alternate inspectors from 4 to 6 without increasing the amount of funds budgeted for the employment of alternate inspectors.
Mr. Ford, County Attorney, stated that he and Mr. Porter had attended the PERC hearing and informed the Board that the action taken by PERC was vague. He stated that he thought it authorized “blue collar” workers and supporting clerical staff to unionize. Mr. Ford stated that in his option, there was no basis for such a decision, and he was researching this point, because the hearing examiners report presented no evidence for the PERC to set forth any ruling except for the Road and Bridge crew, and the staff report stated same for all practical purposes. At this time Mr. Ford stated that the place to settle this matter involving the expansion to “blue collar” workers and supporting clerical staff would be in court, because the petition for unionization only involved the Road and Bridge Crew. Therefore, Mr. Ford requested authorization to research this matter and file the necessary papers to present this to the court if he determines that it is in the best interest of the County. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board authorized the County Attorney to research and file the necessary papers regarding the above mentioned matter if he feels it is in the best interest of the County.
There being no further business to be brought before the Board, the meeting was adjourned at 5:55 p.m.
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C.A. “Lex” deems, chairman
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James C. Watkins, Clerk