MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
MAY 1, 1973
The Board of County Commissioners of Lake County, Florida, convened in regular session Tuesday, May 1, 1973, in the Commissioners’ Room, Courthouse Tavares, Florida, at 9:00 o’clock A.M. with the following members present: C. A. Deems, Chairman; James R. Carson, Jr., Thomas J. Windram and Glenn C. Burhans. Commr. Hoskinson was not present. Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk of Circuit Court; Fred M. Harpster, County Engineer and Norma H. Coven, Deputy Clerk.
The Chairman called the meeting to order and the invocation was given by James C. Watkins, Clerk. The Pledge of Allegiance to the Flag was recited.
On motion of Commr. Carson, seconded by Commr. Windram and unanimously carried, the minutes of the meeting of April 17, 1973, were approved as amended.
road & bridge dept.
Mr. Frank E. Owens appeared before the Board and stated that in 1966 or 1967 the County dug a drainage ditch in Rosenwald Gardens Subdivision which cuts off access to lots within the Subdivision. Some of the lots are now being sold and Mr. Owens requested that the Board authorize the installation of culverts to open the dedicated streets cut off by this ditch. On motion of Commr. Carson, seconded by Commr. Windram and unanimously carried, the Board directed the Public Works Department to install five (5) culverts, as necessary, to open the following publicly dedicated streets in the plat and replat of Rosenwald Gardens, Eustis, Florida: Hollywood Avenue, Suanee Avenue, Dixie Avenue, Harland Avenue and Pine Avenue.
Doris Babb, Finance Department, presented budget on revenue sharing funds for the Board’s approval. Commr. Carson moved that the budget for the revenue sharing funds, as presented, in the amount of $752,071.87 be approved and the Chairman and Clerk be authorized to sign same. The motion was seconded by Commr. Windram and unanimously carried.
Doris Babb presented the first Planned Use Report on general revenue sharing funds for period January 1, 1973, to June 30, 1973, which will be submitted to the Office of Revenue Sharing. She stated that of the $282,252.00, 65% is budgeted for construction and 35% for land acquisition. On motion of Commr. Windram, seconded by Commr. Carson and unanimously carried, the Board approved the Planned Use Report, as submitted and authorized same to be advertised in the Daily Commercial.
laws & legislature
Commr. Carson moved that the Lake County Board of County Commissioners go on record opposing the Multi-County Planning Commission’s Act of 1973 regarding the provision that will give the Governor of the State of Florida the right to appoint various commission members. The motion was seconded by Commr. Windram and unanimously carried.
Commr. Windram moved that travel be authorized for any member of the Board, Clerk and County Attorney to Tallahassee during the legislative session when the interest of the County can be served.
On motion of Commr. Windram, seconded by Commr. Carson and unanimously carried, the Board authorized Mr. L. L. Hulett of Pollution Control Department and Kenneth Cox, Road and Bridge Department, to participate in the V.A. “on the job” training program.
The Chairman presented letter from the Governor of the State of Florida announcing a series of disaster Preparedness Seminars to be held throughout the State, with attached schedule and agenda of the seminars which are scheduled in each Civil Defense District. The Governor requested that the Chairman invite members of the Board and other elected/appointed County and City Officials in the County to attend these seminars. The Chairman instructed the Clerk to notify the County/City Officials of the seminars.
roads – state
The Chairman presented Notice from the Department of Transportation announcing that there will be a design hearing on SR 50 from SR 33 in Groveland to SR 561 in Clermont at the Groveland Community Center on June 6, 1973, at 7:00 P.M.
James C. Watkins, Clerk; Mary Hamner, Lake Memorial Nursing Home; Jack Milligan, Lake County Vocational Division; and Mrs. Bragg, Vocational-Technical Center, appeared regarding the waiving of tuition, fees, books and uniforms for employees of the County Nursing Home or individuals who will sign a one year contract with the Nursing Home to attend LPN and Nurses Aid Courses at the Vo-Tech Center. Mr. Milligan stated that the School Board has approved three students on a scholarship basis, but there will be an approximate fee of $150.00 for uniforms, books, etc. The Board requested that these fees be waived for the three students who will, upon completion of their schooling, be employed at the Nursing Home. Mr. Milligan will take this request to the School Board on May 8, 1973, for determination and will so advise the Commissioners.
The Chairman presented resolution to Murry Lowe commending him for his service to Lake County as Custodian of the Lake County Courthouse and presented him with a service award.
Commr. Carson apprised the Board of letter from the Florida Game and Fresh Water Fish Commission regarding Lake County’s resolution requesting the Commission to approve the purchase of 100,000 bass fingerlings to be stocked in the major lakes of Lake County. The letter from Director Frye informed the Board that they cannot endorse this restocking program. Commr. Carson read letter from Delos Kane, Lake Improvement Association, Inc., in answer to Mr. Frye’s letter. Mr. Ford, County Attorney, stated that he talked to Mr. Woods, Chief of Fisheries Division and Mr. Woods feels there are a number of valid reasons for refusing this program. Commr. Carson recommended that he and the Attorney travel to Tallahassee to pursue this matter further with Director Frye and Mr. Woods.
planning & zoning
C. C. Williamson, Miami, appeared before the Board requesting rezoning to allow him to place mobile homes on 17 lots he owns in the Bassville Park area. He stated that R-1-5 zoning was applied for previously and was denied. The Board informed Mr. Williamson that he cannot reapply for R-1-5 zoning for a period of one year and advised him that he can apply for R-3 zoning if he so desires and referred him back to the Planning Department for more information regarding same.
Joseph Flynn, Planning Director, presented proposal from Pinellas Helicopter Service for repairs to the Civil Defense helicopter, in amount of $8,500.00 plus 10%. After discussion regarding same, the Board instructed Mr. Flynn to advise the Civil Defense Director, Mr. Hollenberg, to notify Pinellas Helicopter Service that the Board desires to pursue the acquisition of a larger machine.
Cecil Ankers appeared representing Sylvan Shores Association and presented the Board a petition containing 559 signatures requesting fire protection for the unincorporated areas served by Mount Dora Post Office. The Board discussed with Mr. Ankers the costs involved in establishing a fire district in this area and felt that the cost to the residents by establishing such a district would be excessive. Mr. Ankers stated that the Association would wait to see if the legislature passes the Act relating to the establishment and designation of district fire control units in Lake County.
recess and reassembly
The Chairman announced that the Board will have lunch at the Silver Lake Country Club and invited the public and members of the press to join them on a Dutch-treat basis. The meeting recessed at 12:00 noon for lunch and reconvened at 1:30 to take up the remaining items of business.
Commr. Windram moved that the County pay Lillian Abrell’s expenses to become a notary public for the convenience of the Pollution Control Department. The motion was seconded by Commr. Carson and unanimously carried.
Joseph Flynn, Planning Director, appeared before the Board and presented draft of an emergency ordinance amending the Lake County Zoning Ordinance 1971-6. After discussion by the Board, changes were made to the draft as indicated below:
Paragraphs 67.11; 68.11; and 611.11 – PERMITTED USES were added.
Article V – ZONING MAP, which changed the word “ordinance” to read “resolution” was added.
695.11 – The parenthesis were removed from the word “will” in the 4th line.
695.10 – The word “commercial” was changed to read “industrial” in the second line.
70.311 was added which changed the site-check fee from $25.00 to $50.00.
63.110; 645.110; and 65.110 – The wording was changed to read “. . . which may include a total of 300 square feet . . . ”
The Chairman called for comments from the public.
Commr. Carson moved that the Board recognize the emergency nature of the new zones being created and changes affected in order to perfect the present ordinance and declare the passing of the ordinance amending the present ordinance to be an emergency. The motion was seconded by Commr. Windram and unanimously carried.
Later in the day, Mr. Ford, County Attorney, presented a draft, incorporating the changes as stated above, for the Board’s approval.
On motion of Commr. Carson, seconded by Commr. Windram and unanimously carried, the emergency ordinance was placed on reading by title only; said title being:
AN EMERGENCY ORDINANCE PROVIDING FOR THE AMENDMENT OF THE LAKE COUNTY ZONING ORDINANCE 1971-6 AS AMENDED BY EMERGENCY ORDINANCE 1972-4, BY CREATING NEW DISTRICTS AND ALTERING SITE PLAN FEES, PROVIDING FOR ADDITIONAL SITE PLAN REVIEW, PROVIDING FOR ZONING CHANGES BY RESOLUTION, AND AMENDING MINIMUM HOUSE SIZE DEFINITION IN SECTION 63.110, 64.110 AND 65.110.
On motion of Commr. Carson, seconded by Commr. Windram and unanimously carried, the Board adopted the emergency ordinance.
planning & zoning
The County Attorney presented proposed emergency ordinance for the Board’s consideration which would impose a temporary moratorium on subdivision platting until the subdivision rules pertaining to platting can be changed to provide for the sequential, orderly development of land in conjunction with the needs of the community. After considerable discussion regarding same, Commr. Burhans moved that action on said ordinance be postponed for 30 days for further study and review. The Chairman announced that the motion died for lack of a second. No further action was taken regarding the proposed ordinance.
Don Driggers appeared and asked for a variance on an 80 acre tract of land which has been subdivided and which has some tracts slightly less than 5 acres in size. Following discussion, the Board referred the matter to the County Attorney for further research.
The County Engineer presented to the Commissioners a copy of the recommended subdivision regulations which have been reviewed by the Subdivision Committee.
roads – county
At the request of the Principal of Leesburg Middle School, and on motion of Commr. Carson, seconded by Commr, Windram and unanimously carried, the Board adopted resolution to establish speed limit of 15 mph on County Roads 1-4806 and 1-4705 in the area of the Leesburg Middle School in West Leesburg.
On Monday, May 7, 1973, at 1:00 o’clock P.M. the Board will meet with the Cities in the Conference Room at the Planning Department to discuss landfill charges.
On motion of Commr. Burhans, seconded by Commr. Windram and unanimously carried, the Board authorized the prisoner road crew to clean up Camp McQuarry and Camp La No Che.
The Engineer advised the Board of letter from the Forest Service regarding the landfills at Astor and Paisley not meeting the Forest Service requirements.
road maintenance – SUBDIVISIONS
On recommendation of the Engineer and on motion of Commr. Burhans seconded by Commr. Windram and unanimously carried, the Board authorized the Road and Bridge Department to grade the north road of Howey Subdivision A, Plat Book 10, Page A, at the expense of the property owner.
On recommendation of the Engineer, and on motion of Commr. Burhans, seconded by Commr. Windram and unanimously carried, the Board approved garbage franchise for Roscoe Odum, Star Route #2, Box 834, Deland, Florida, for the Lady Lake and Astor areas.
On recommendation of the Engineer, and on motion of Commr. Burhans, seconded by Commr. Carson and unanimously carried, the Clerk was authorized to advertise bids for three (3) brake testing machines; bids to be opened May 15, 1973.
Commr. Carson moved that the Board implement procedure for vacating streets, easements and plats, as recommended by the Engineer, using the forms he presented, and charging $25.00 filing fee for each street, plat or easement. The motion was seconded by Commr. Windram and unanimously carried.
On the recommendation of the County Engineer, the Board instructed the Engineer to check into hiring an “in the field” inspector for the Engineering Department and bring back recommendation to the Board.
licenses and permits
On motion of Commr. Burhans, seconded by Commr. Windram and unanimously carried, the Board approved the following requests submitted by Florida Power Corporation.
FPC-CET-12 – To rebuild an existing 72,000 volt wood pole aerial electric transmission line crossing over the Helena Run in Section 11, Township 20 South, Range 24 East in Lake County at a point approximately 0.038 Mile Southeast of State Road 25 Bridge.
FPC-CET-13 – To rebuild an existing 72,000 volt wood pole aerial electric transmission line crossing over the Palatlakaha River in Sections 13 and 14, Township 20 South, Range 24 East in Lake County at a point approximately 0.400 mile North of State Road 25 Bridge.
On motion of Commr. Carson, seconded by Commr. Windram and unanimously carried, the Engineer was authorized to go for bid on road resurfacing project on the roads as shown on the Lake County road map submitted by the Engineer; bids to be opened on June 5, 1973, at 10:00 o’clock A.M.
The Chairman advised the Board that he has received request from several post offices for the County to make improvements to the area around the post office. Mr. Ford, County Attorney, stated that he feels it would be improper for the County to improve or maintain streets around the post offices unless the federal government is responsible to maintain the area and the federal government makes the request for same.
Mr. Stephenson, Finance Office, advised the Board that he received word that the EEA Program will be phased out before January 1974 as previously planned. He explained that Section V EEA employees will be funded only through the month of May 1973 and funds, in the amount of $38,358.00, are available to carry Section VI employees through November 1973.
bonds – misc.
Bonds for carrying firearms were approved by the Board on motion of Commr. Carson, seconded by Commr. Windram and unanimously carried, for the following:
Harry Bernard Bolderson Dr. Donald D. Dieter
John H. Lane Arthur J. Picotte
Elbert R. Gnann Minnie Lou Scott
Judy Scott Bradford E. Brown
Contractors’ Bonds for Certificates of Competency were approved on motion of Commr. Windram, seconded by Commr. Carson and unanimously carried for the following:
#1004 – George E. Massey dba Quality Neon Sign Company
#1005 – A. R. Crawford (Plastering & Dry-Wall)
#1006 – Wilson Hash dba Suncoast Insulators
#1007 – Willie Nix dba Nix Brothers Paving
#1008 – Ted F. Malans (Roofing)
#1009 – William B. Wiley, Jr., dba Triangle Roofing Co.
#1010 – Rhea L. Adams dba TACO Corporation
#1011 – John H. Sweeting (Carpentry)
#1012 – Willie Miller dba Miller’s Masonry
#1013 – G. E. Eakright (Specialty)
#1014 – Arthur Lee Clark (Cement Finisher)
#1015 – Donald M. Lemanski (Specialty)
#1017 – James P. Peck (Painting)
#1018 – Willie E. Williams (Carpentry)
On recommendation of the Engineer, and on motion of Commr. Windram, seconded by Commr. Burhans and unanimously carried, the Board awarded bid for 1973 sedan for Mosquito Control Department to the lowest bidder, Bob McCullers Ford, Inc., at a total price of $3,329.57.
Resolution not classified elsewhere
On motion of Commr. Carson, seconded by Commr. Burhans and unanimously carried, the Board adopted resolution designating April 29th to May 6th, 1973, as Law Week throughout Lake County and proclaimed May 1, 1973, to be Law Day.
laws and legislature
Mr. Ford, County Attorney, informed the Board of House Bill 1742 authorizing the employment of judicial secretaries. The Board asked the Attorney to obtain copy of the Bill.
Letter from Division of Health re migrant labor camp program was read and filed.
Letter from Thomas E. Moon, Mt. Dora, regarding the Sheriff’s Department was read and filed.
Notice advising the Board that Sumter Electric Cooperative, Inc. of Sumterville, Florida, has submitted application requesting a loan of $5,740,000 from the Rural Electrification Administration was read and filed.
Resolution from East Central Florida Regional Planning Council approving the concept of the Preliminary Draft of the Upper Oklawaha River Basin Water Quality Management Plan was read and filed.
Letter was read from John Hogsett, President, Lake Improvement Association inviting the Commissioners to attend meeting of the Lake County Lake Improvement Association on May 3, 1973, at 8:00 P.M. The subject of meeting is restocking of Lake County lakes.
Resolution from Pompano Beach City Commission opposing the Regional Planning Act was read and referred to the County Attorney.
Letter from Insurance Services Office regarding recent inspection of property in connection with fire and extended coverage insurance was read and referred to the County Engineer.
Lake County Planning Department, Building Division, Building Permit Activity for April 1973.
On motion of Commr. Windram, seconded by Commr. Burhans and unanimously carried, the Board approved travel expenses for Fred Harpster, Alfred Ponds, and Lawrence Morey to attend Public Works Association Conference in Orlando, May 3 and 4, 1973.
The motion of Commr. Carson, seconded by Commr. Windram and unanimously carried, the Board authorized the Clerk to have counter work done in the office on the second floor of the Courthouse.
On motion of Commr. Carson, seconded by Commr. Burhans and unanimously carried, the Clerk was authorized to obtain three quotations for draperies, plus rods for same, for the Clerk’s offices and purchase the draperies from the lowest bidder.
On motion of Commr. Carson, seconded by Commr. Windram and unanimously carried, the Board authorized repairs to roof of Courthouse Annex Building in the amount of $175.00.
On motion of Commr. Burhans, seconded by Commr. Carson and unanimously carried, the Clerk was authorized to get three quotations on paining work to be performed and the first and third floors of the Courthouse, which includes the Supervisor of Elections Office and to have work performed by lowest bidder.
On motion of Commr. Burhans, seconded by Commr. Carson and unanimously carried, the Clerk was authorized to have repairs performed on Courthouse grounds sprinkler system.
funds – transfer
On motion of Commr. Carson, seconded by Commr. Windram and unanimously carried, the Board authorized the following fund transfers:
FISH CONSERVATION FUND
Transfer $22,500.00 from Acct. 6306305 to Acct. 6306334, Commission Fees and Costs.
There being no further business to bring before the Board, the meeting was adjourned at 4:55 p.m.