A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JANUARY 15, 1974

A regular meeting of the Lake County Board of County Commissioners was held on Tuesday, January 15, 1974 at 9:00 in the forenoon, in the Commissioners’ 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; Glenn C. Burhans; and J.M. Hoskinson.  Others present were:  James C. Watkins, Clerk; Christopher C. Ford, County Attorney; Norma Coven and Debby Potter, Deputy Clerks.

The Invocation was given by James C. Watkins, who also led the Pledge of Allegiance to the Flag.

minutes

Approval of the minutes of January 7, 1974 was tabled.

On the motion of Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the minutes of January 8, 1974 were approved as amended.

public health

Chairman Carson asked Commr. Burhans about the proposed landfill in the Astor Forest Campsites.  Commr. Burhans said the water table was too high.

A resolution regarding the funding of the District Medical Examiner by the State was approved on the motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously.

animal

Dorothy Gross appeared and was interviewed for the position of supervisor of the dog pound.

Benjamin Kimball appeared and was interviewed for the position of supervisor of the dog pound.

The Chairman asked that Miss Hester be notified that January 31, 1974 is the last day that applications for the position of supervisor of the dog pound will be taken.

bids

It now being the time advertised for bids, the Chairman asked the Clerk to open the sealed bids for the following:

            Two 1974 Pickup Trucks

            Cecil Clark Chevrolet                                    $5,190.00

 

            One Crawler-Tractor Landfill

            J.L. Rozier Machinery Co.                             $49,140.00

            State Tractor & Equipment Co.                     $41,931.00 with angle blade

$42,431.00 Rockland Sanitary Landfill Blade in lieu of Balderson

            De Wind Machinery Co.                                $43,315.00

 

On the motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the bid for the two pickup trucks were referred to the Acting Engineer.

On the motion of Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the bids on the crawler-tractor was referred to the Acting Engineer.

Later in the day the Acting Engineer recommended the bid from Cecil Clark Chevrolet be accepted as the best for the two pickup trucks, at the price of $5,190.00.  On the motion of Commr. Windram, seconded by Commr. Burhans and carried unanimously, the recommendation was approved.

The Acting Engineer recommended the best and lowest bid from State Tractor and Equipment Company be accepted for a crawler-tractor with alternate blade at a price of $42,431.00.  On the motion of Commr. Hoskinson, seconded by Commr. Windram and carried, the recommendation was approved.  Commr. Burhans voted “no.”  The Chairman announced the motion carried.

A request from Phil Yoder of Mosquito Control to advertise for bids on a ¾ ton truck was approved on the motion of Commr. Deems, seconded by Commr. Burhans and carried unanimously.  The bids will be received on February 12, 1974 at 10:00 a.m.

right-of-way – roads

Commr. Burhans would like to move palm trees that are in a right-of-way near Umatilla to the animal shelter.  On the motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the request was approved and will be under the supervision of the County Forester.

road maintenance – subdivision

Commr. Burhans presented a request from the residents of Dexter Estates for two hours of grading time on their roads by the County.  It will be paid for by the owners.  On the motion of Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the request was approved.

road maintenance

Larry Morey presented a request from the Florida Fish and Game Commission for the County to upgrade the entrance road to the Hyacinth removal area off Alco Road.  Postponed for clarification of ownership.

roads – county

Commr. Burhans recommended District Road 5-5942 be included in the next road trip.

roads – state

Commr. Deems read a letter from the Department of Transportation regarding the following roads that will receive bids in Tallahassee:

            SR 48, from SR 469 in Center Hill to Lake County line.

            SR 48, from the Sumter County line to SR 33 in Okahumpka.

            SR 48, from SR 25 easterly to SR 19 in Howey in the Hills.

            S-44-C, from SR 468 east to SR 44-A in Leesburg.

            SR S-44-A, from SR 450 north and west to Umatilla.

 

A resolution was approved on the motion of Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, authorizing the Department of Transportation to obtain right-of-way and construction for that portion of Section 11640-2609, extending from SR 25 northeast along Dixie Avenue in Leesburg to Canal Street and right-of-way contract was executed.

The Chairman reported on the traffic hazard at SR 441 and Royal Industries.  The Chairman asked the Board if it would be willing to go on a 1/3 participating basis with the corporation, City of Leesburg, and the County or a ½ and ½ with the corporation and the County.

On the motion of Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Chairman is to negotiate on one of the plans discussed and make recommendations to the Board.

reports

Bill Hennessey appeared and reported on the public hearing held in Ocala concerning the oil drilling in the Ocala National Forest.  His written report set forth certain stipulations that the Pollution Board approved.  On the motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the recommendation of the Pollution Board will be sent to the U.S. Geological Survey.

Ken Henderson, District Forest Officer, appeared regarding the off the road vehicles in the forest and the effect it has on the vegetation.  He is now working on a system of roads that will comply with the regulations with a minimum impact on the public.

Mr. Henderson reported on the County fire control program and their position in fighting fires other than forest fires.  The Chairman asked for an interim report on the policies considered.

The Clerk presented the Board with an Audit Report from the Department of Administration entitled “Lake County Youth Services Complex.”  Commr. Windram reported he had talked with Bob Stroud who will make the necessary explanations on this.

county employees

Bill Hennessey requested the Board’s assistance while attending night class at McCoy Air Force Base to get his Bachelor of Science Degree in biological science.  He will be absent from work four hours each week and he will pay his own expenses and transportation.  On the motion of Commr. Windram, seconded by Commr. Deems and carried unanimously, the request was granted.  The County Attorney is to draw up a contract.

east central florida regional planning council

Commr. Hoskinson reported the Regional Council has been notified that Seminole County has adopted a resolution requesting the Council and the State Division of Planning to appeal the Three Rivers Project.  Seminole County has requested to be on the agenda at the Council meeting tomorrow, January 16, 1974.  Commr. Hoskinson recommended that members of the Board and the Attorney be present at this meeting to speak for the Commission.  Chairman Carson appointed Commr. Windram to accompany Commr. Hoskinson and requested Attorney Ford to attend the meeting.

The Chairman read a letter from the Chairman of the East Central Florida Regional Planning Council regarding appointments to the new Project Review Committee.  They need two individuals from Lake County and asks for recommendations.

Commr. Hoskinson said the Council wants to expand the committee from six members to twelve.  There will be a new set up of the Council beginning in February.  The Chairman recommended that action be delayed until Mr. Reeves is present on Thursday, January 17, 1974.

Chairman Carson read a letter from the Council regarding appointment of three members to the Committee on Aging.  Commr. Hoskinson volunteered to be the Board’s representative on this committee.

contracts and agreements

The Clerk advised there is no maintenance contracts on the heating and air conditioning systems in the buildings and no routine maintenance.  Mr. Nies was instructed to pursue this matter with several firms.

On the motion of Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Chairman was authorized to sign an agreement regarding the Medicaid Program at the Nursing Home.

recess and assembly

The Chairman announced the Board members will eat lunch at the Green Tile Restaurant in Eustis and the press and public are invited on a dutch treat basis.  The meeting adjourned at 11:50 a.m. and reconvened at 1:30 p.m.

courthouse

The Chairman read the recommendation from Mr. Reeves regarding the architects and consulting firms.  On the motion of Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the Board will interview the first four firms recommended by Mr. Reeves on Thursday, January 17, 1974 at one hour intervals and reconvene after lunch for further discussion.

communications

Commr. Deems read a letter from Lawton Chiles regarding the National Rural Development School in North Carolina.  It was referred to Mike Willett.

The Clerk presented a copy of the petition to the Federal Communications Commission from Leesburg Cablevision, Inc. for special relief and waiver.  Also, a copy of the amendment to Federal Communications Commission on the application for a Certificate of Compliance.

zoning

154-73-1 – rr to r-1-7 – pearl stallings

Dewey Burnsed, Attorney, appeared representing the petitioner.

Jeff Ray, Attorney for the petitioner, appeared in support of the rezoning.

Sparky Baas appeared opposing the rezoning.

On the motion of Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning was upheld and the rezoning denied.

155-73-1 – rr to r-1-7 – joseph reese

E.G. Jones appeared and opposed the rezoning and he read a letter from B. Lewis Mason, co-owner of 20 acres owned by Jones and Mason.

Conley Kidd, adjoining property owner, appeared and opposed the rezoning.

Gillian Davis appeared and opposed the rezoning.

Henry Adams appeared and opposed the rezoning.

George Bland appeared and opposed the rezoning.

Dewey Burnsed, Attorney, appeared in support of the rezoning.

On the motion of Commr. Deems, seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning was overturned and the rezoning denied.

cup 432-4 – cup for pud in agricultural – nick jones

Nick Jones appeared in support of the rezoning.

Joe Flynn said the owner would dedicate the necessary right-of-way for a 66’ road.

Carl Ludecke appeared in support of the rezoning.

Oliver Hook appeared in support of the rezoning.

On the motion of Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning was overturned and the rezoning for a CUP granted, to be approved by the Board.

164-73-4 – c-1 to c-2 – fontaine enterprises, inc.

On the motion of Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning was upheld and the rezoning approved.

162-73-5 – r-1-7 to r-3 – amelia a. marino

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

159-73-5 – r-1-7 to r-1-5 – thomas c. merrill

On the motion of Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning was upheld and the rezoning approved.

cup 435-5 – cup for cluster housing in agricultural – fred hunter

On the motion of Commr. Burhans, seconded by Commr. Deems and carried unanimously, the case was postponed until March 19, 1974 at 2:00 p.m.

158-73-4 – a to rr – marion ackerman

cup 433-4 – cup for child care center contingent to 158-73-4 being approved

Tom La Mott appeared and asked for clarification of the recommendation that the applicant will maintain the holes in the road.

Marion Ackerman, applicant, appeared in support of the rezoning and permit.  She stated she will build up the road up to 25 feet of the railroad from her property.

Larry Morey appeared and stated the road is in bad condition.

On the motion of Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the case was referred back to Planning and Zoning for clarification of the problems concerning the road.

161-73-1 – r-1-7 to r-1-5 – marie gackenbach

On the motion of Commr. Deems, seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning was upheld and the rezoning approved.

163-73-1 – r-1-7 to r-3 – martha hemingway

On the motion of Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning was upheld and the rezoning approved.

160-73-1 – rr to r-1-15 – darrell c. king

On the motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning was upheld and the rezoning approved.

136-73-2 – rp to r-1-5 – alberta fluitt

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

Barbara Dorf with the Planning Department explained the Whitney Area Community sketch plan.  It is alternate plan #2.

Mike Willett presented DRI order to be signed by four of the Board members and the Clerk.  On the motion of Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the signatures were approved.

Attorney Ford presented CUP 395A-4 for signature of the Planner and the Clerk.  The CUP has been signed by Major Realty.  On the motion of Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Planner and the Clerk or his Deputy was authorized to sign the CUP as amended.

ordinances

On the motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the ordinance adoption was postponed until February 19, 1974.  The ordinance concerned the R-3 zoning.

hospital

Commr. Deems read a letter from the Leesburg General Hospital requesting the morgue be removed and situated elsewhere.  Commr. Deems recommended that this matter be referred to Leesburg Hospital Association.  Attorney Ford is to find out if all the hospitals in the circuit send their bodies to Leesburg Hospital.

railroads

Chairman Carson received a letter from Seaboard Coast Line regarding the right-of-way from Astatula to Killarney.  There is 194 acres involved at a price of $100,00.  They are willing to convey the land to the County at ½ the appraised value in cash and dedicate the remainder to the County.

On the motion of Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the S.C.L. railroad be informed the County is no longer interested in the right-of-way.

reports – official

Keith Hall, Tax Collector, appeared and presented his annual report showing receipts and disbursements for the year ending December 31, 1973.  In accordance with State Statutes, the Tax Collector presented checks for the following for excess fees:

            Lake County                                                   $57,982.46

            Northwest Ambulance                                    $190.04

            Northeast Ambulance                                     $209.70

            Northeast Hospital                                         $1,107.49

            Oklawaha Basin Recreation and Water

            Conservation and Control Authority             $425.96

 

On the motion of Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board approved the report and accepted the checks.

Don Stephens, Tax Assessor, requested a refund of $3,082.02 from excess fees returned to the County, in accordance with instructions to the assessor from the Department of Revenue.

On the motion of Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Tax Assessors’ request was approved.

tax delinquent

Keith Hall, Tax Collector, presented a check for $80.92 for unclaimed monies from the sale of Tax Certificates.  On the motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the check was accepted.

road closing

Larry Morey, Acting Engineer, presented a request to advertise for a public hearing to vacate certain streets in Phillipsburg Subdivision and a portion of Lake Harris Road.  On the motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the advertisement was authorized for public hearing on February 12, 1974 at 11:00 a.m.

deeds

Larry Morey presented a right-of-way deed from Oak Hill Country Club in Mt. Plymouth Subdivision.  On the motion of Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the deed was approved subject to approval by the County Attorney.

On the motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, a resolution conveying to the Department of Transportation the right-of-way on SR S-44-C and portions of other dedicated streets lying within the proposed right-of-way was approved.

bonds

Fire arm bonds were approved on the motion of Commr. Burhans, seconded by Commr. Windram and carried unanimously for the following:

            Warren Schroeder

            Bobby Boswell

            James C. Dozier

            Aldine W. Joyner

            Jack L. Isbill

            Thomas L. Williams

 

Fire arm bonds were approved on the motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously for the following:

            Jerry L. Gehlbach                               Larry H. Allen

            William J. Gehlbach                          William R. Gehlbach

            Billy Joe Yarbrough                           Christopher P. Giachetti

            Vito F. Manning                                 Horace Morrison

            Thelma G. Gehlbach                          Annabelle Manning

            Barbara A. Gehlbach

 

On the motion of Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, contractor’s bonds for Certificates of Competency were approved for the following:

            496      Aubrey M. Long – electrical

            940      George J. Romano, Jr. dba All Weather Maintenance Company

            1145    Allen Akers dba A & B Heat and Air

            1146    Roland J. Atley – electrical

            1147    Wally Beitl – specialty

            1148    Richard T. Denson dba Denson’s Tile

            1149    Stanley M. Holmes – carpentry

            1150    James B. McCullar dba McCullar Carpenter Service

            1151    James E. McKnight – specialty

            1152    Dennis Ross dba United Aluminum

 

federal agencies

The Clerk presented a letter from the Cadet Program regarding the increase in the pay for the cadets.  Finance advises the cadets will be paid by the Board even though the State has taken over the Juvenile Shelter Operation.  This was referred to Commr. Hoskinson.

county tax assessor

Don Stephens presented Certificates of Correction and Error numbered 3473 through 3479 for approval.  On the motion of Commr. Deems, seconded by Commr. Burhans and carried unanimously, the certificates were approved.

zoning

T.F. Robinson of Shockley Heights appeared concerning zoning violations in his area.  This matter was referred to the code enforcement officer, Bill Henderson.

accounts allowed

A request from Phil Yoder for a boat and trailer for Mosquito Control at a price of $814.00 was approved on the motion of Commr. Deems, seconded by Commr. Windram and carried unanimously.

Commr. Hoskinson reported that the road to the Tri City Landfill needs nematode treatment along the road.  This matter has been discussed with the County Agent.  On the motion of Commr. Windram, seconded by Commr. Deems and carried unanimously, the road treatment was approved.  The cost will be $30.00 per treatment for the fumigant and retreated every six months.  An herbicide application will cost $22.50 for the first treatment and subsequent treatments annually at $15.00.

accounts allowed

Harry Nies appeared regarding the repairs to the air conditioning system in the Sheriff’s building.  The chiller has sprung a leak and to replace the system would cost approximately 7 to 10 thousand dollars.  To repair the leak and check the other lines will cost $3,200 to $3,600 if there is no further damage.

On the motion of Commr. Deems, seconded by Commr. Burhans and carried unanimously, the repairs were approved not to exceed $3,600.

The Clerk read a letter from the State Association of County Commissioners regarding a meeting on February 7, 1974 in Tampa.  Travel for the Chairman, Mr. Middleton and any other commissioner was approved on the motion of Commr. Deems, seconded by Commr. Burhans and carried unanimously.

There being no further business to bring before the Board, the meeting was adjourned at 6:20 p.m.

 

_________________________________

james r. carson, jr., chairman

 

___________________________

James C. Watkins, Clerk