MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
MAY 15, 1973
The Board of County Commissioners of Lake County, Florida, convened in regular session Tuesday, May 15, 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., J. M. Hoskinson, Glenn C. Burhans, and Thomas J. Windram. Others present were: Fred Harpster, County Engineer; Christopher C. Ford, County Attorney; James C. Watkins, Clerk of Circuit Court; 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.
roads – state
Due to the condition of Black Water Creek Bridge, the 5th Disrtrict Engineer recommended that a 10 ton load limit be placed on SR 44A. On motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, a Resolution was adopted to post a 10 ton weight limit on SR 44A, east of SR 44.
railroads
Commr. Carson informed the Board that he has been in contact with Mr. Starke regarding the possibility of the County acquiring some of the rights of way that Seaboard Coastline Railroad is releasing in Lake County. He presented maps indicating rights of way that are still available between Leesburg and Fort Mason. Commr. Carson stated that he contacted Byron Herlong, of Leesburg, Director of Florida Power Corp, regarding the railroad rights of way they acquired, to ascertain if there is any way the County can work with the Florida Power Corp. for easements to use the property under their power lines for recreational purposes, but Commr. Carson felt that it would be of no value to the County unless the property would be a continuous piece. He stated that he will continue to work with Mr. Herlong and recommended that no action be taken at this time.
appointments
On recommendation of Phil Edwards, Pollution Control Director, and on motion of Commr. Windram, second by Commr. Carson, and unanimously carried, the Board re-appointed the following to the Lake County Pollution Control Board effective June 5, 1973, for a two-year term:
Joe Hill
Dennis Holcomb
Ralph Roane
resolutions not classified elsewhere
Commr. Carson moved that a Resolution be adopted to Congressional Representatives in Washington supporting the continuation of the Navy Bombing Range in the Ocala National Forest, stating that this is the desire and the will of the people of Umatilla, as expressed by themselves and through their Mayor. The motion was seconded by Commr. Hoskinson and unanimously carried.
appointments
On motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the Board appointed Commr. Glenn C. Burhans to represent Lake County on the District 8 Ancillary Manpower Planning Board.
bids
It now being the time advertised to accept bids for one dump truck and one pickup truck for the Road and Bridge Department, the Chairman asked the Clerk to open the bids; whereupon the following bid was received:
D. C. Waters Ford dump truck $7,390.56 6 weeks delivery
Pickup truck $3,206.99 5 weeks delivery
On motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the bid was referred to the Engineer to check specifications and make recommendations to the Board.
leases – county property
James F. Hall, Division of Driver Licenses, appeared before the Board requesting lease of the Lake County Landfill site on SR 561 for a driver license examining office and driving range. Commr. Hoskinson moved that the Board enter into an Agreement with the State Department of Highway Safety and Motor Vehicles for lease of the Lake County Landfill site off SR 561 at rate of $1.00 per year for term of 40 years with a 10 year option; Agreement subject to approval of the County Attorney. The motion was seconded by Commr. Windram and unanimously carried.
CONTRACTS AND AGREEMENTS
J. G. Ray, III, Attorney representing Leesburg Cablevision, Inc., appeared and requested that the Board execute an Interlocal Agreement between Lake County and the municipalities of Eustis, Mount Dora and Tavares, including these cities in the Agreement with Leesburg Cablevision, Inc., in furnishing community antenna television distribution service. On motion of Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, the Board approved the Agreement and directed the Clerk and Chairman to sign same.
CIVIL DEFENSE
Commr. Burhans reported that the Civil Defense helicopter, which was acquired through the Government Surplus Properties Division, should be disposed of or put into operation by June 1, 1973, according to the stipulations under which it was acquired. The Chairman asked the County Attorney to check and see if the Board has the authority to sell the machine or if the helicopter has to revert back to the Government. Commr. Carson reported that the County has $527.98 invested in the machine.
courthouse complex
The Board discussed the Courthouse Complex Study submitted by the Environmental Design Group and requested an appointment be made with Chuck Braun to come before the Board to discuss plans for the proposed complex at the June 12th Board Meeting at 9:00 o’clock A.M.
On motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the Board requested that the Attorney investigate, through a Title Company, as to the title on the land east of the Courthouse on Texas Avenue to determine the ownership of this property.
recess and reassembly
The Chairman announced that the Commissioners will have lunch at the Silver Lake Country Club and invited members of the Press and the public to join them on a Dutch-treat basis. The meeting adjourned for lunch at 11:45 o’clock A.M. and reconvened at 1:30 o’clock P.M. to take up the remaining items of business.
roads – state
Dewey Burnsed, Attorney, appeared and presented Agreement between Lake County and Florida Crushed Stone Company for the Company to construct a paved road to County specifications from State Road 50 along and over Hancock Road to the South to Johns Lake Road, to the Section line between Sections 34 and 35, Township 22 South, Range 26 East, thence South along said Section line and along the easement reserved for roadway and according to the plat showing property of Postal Colony Company recorded in Plat Book 9, page 65, Public Records of Lake County, Florida, to the North Section line of Sections 2 and 3 Township 23 South, Range 26 East. On recommendation of the County Attorney, and on motion of Commr. Carson, seconded by Commr. Windram, the Board approved the Agreement and authorized the Chairman and the Clerk to sign same. Commr. Hoskinson voted “no.” The motion carried.
meetings
The Board scheduled a special meeting for May 23, 1973, at 1:30 o’clock P.M. to consider Conditional Use Permit 400-5 (Royal Palm Beach Colony, Inc.) and to discuss the LEAA, Lake County Criminal Justice Planning Study.
planning and zoning
On motion of Commr. Windram, seconded by Commr. Hoskinson and unanimously carried, the Board postponed hearing of Conditional Use Permit 400-5 until May 23, 1973, at 2:00 o’clock P.M.
It now being the time advertised to consider applications for changes to zoning classifications, and on recommendation of the Planning and Zoning Commission, and on motion of Commr. Windram, seconded by Commr. Carson and unanimously carried, a Resolution (No. 5-73) was adopted altering and amending the Zoning Rules and Regulations as they pertain to the following described tracts of land to the classifications designed after each description. (Said Resolution No. 5-73, noted above, is included in Official Minute Book 24, and attached to Minutes of May 15, 1973.)
Included in the above motion were two approved Planned Commercial Districts Case No. 31-73-4 (Martin’s Furniture Co., Inc.) and Case No. 45-73-4 (Emery T. Williams). See description on page ___.
Included in the above motion was approval of Conditional Use Permit 404-3 and 405-1 and denial of Zoning Case 50-73-3.
On motion of Commr. Windram, seconded by Commr. Hoskinson, and unanimously carried, the Board postponed Zoning Case 53-73-2 to June 19, 1973, at 2:00 o’clock P.M.
Zoning Case 39-73-4 was called for hearing and the Chairman called for interested parties to be heard. No one appearing to object to the rezoning, Commr. Windram moved that the request for rezoning be approved and the recommendation of the Planning and Zoning Commission be upheld. The motion was seconded by Commr. Carson and unanimously carried.
Zoning Case 46-73-2 (A to R-1-15) was called for hearing and the Chairman called for interested parties to be heard. Paul D. Jett, applicant, appeared in support of the rezoning request. Based on the recommendation of the Planning Department, Commr. Hoskinson moved that the decision of the Planning and Zoning Commission be reversed and the rezoning request be approved. The motion was seconded by Commr. Carson and unanimously carried.
Zoning Case 55-73-1 (C-2 for classification of use) was called for hearing and the Chairman called for interested parties to be heard. Larry Taylor, Attorney representing the applicant, appeared and asked that the request for classification under C-2 zoning be denied without prejudice so the applicant can apply for C-1 zoning. He stated that his clients wish to expand their present living quarters and cannot do so under C-2 zoning. On motion of Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, the Board approved the withdrawal of the zoning application.
Zoning Case 51-73-1 (R-1-7 to R-1-5) was called for hearing and the Chairman called for interested parties to be heard. Mrs. James H. Steward, applicant, appeared in support of the rezoning request for permission to place a mobile home on her property. On motion of Commr. Carson, seconded by Commr. Windram, and unanimously carried, the Board upheld the recommendation of the Planning and Zoning Commission and the rezoning was denied.
Zoning Case 44-73-1 (R-1-7 to R-1-5) was called for hearing and the Chairman called for interested parties to be heard. Mrs. B. L. Powell, applicant, appeared requesting rezoning to allow her to place a mobile home on her property. The Chairman read a letter from Mr. Powell in support of the rezoning request. On motion of Commr. Carson, seconded by Commr. Hoskinson, and unanimously carried, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request. It was the consensus of the Board members that this Bassville Park Area should be surveyed to determine whether some of this area, which is already mixed with mobile homes and conventional type homes, should be rezoned.
Zoning Case 47-73-5 (R-1-7 to R-3 for Mobile Home Rental Park) was called for hearing and the Chairman called for interested parties to be heard. Van R. Caskey, adjoining property owner, appeared in opposition to the rezoning to allow mobile homes in the area. Mr. Hoppe, City Manager of Eustis, appeared and expressed the views of the Eustis City Commissioners in regard to the Mobile Home Rental Park. Mr. C. H. Powers, adjoining property owner who operates a dairy in this area, appeared opposing the Mobile Home Park. Reah E. Chase, applicant, appeared in interest of the rezoning request. On motion of Commr. Burhans, seconded by Commr. Carson and unanimously carried, the Board accepted the recommendation of the Planning and Zoning Commission and approved the rezoning from R-1-7 to R-3.
Zoning Case 52-73-5 (R-1-7 to R-1-5) was called for hearing and the Chairman called for interested parties to be heard. Frank England, applicant, appeared in support of the rezoning request for placement of mobile home. The Chairman presented a petition with 18 signatures in Mr. England’s behalf. Mr. England stated that he feels this area should be zoned agriculture as the land surrounding the area is being used for agricultural purposes. On motion of Commr. Hoskinson, seconded by Commr. Burhans, and unanimously carried, the rezoning request was referred back to the Planning and Zoning Commission to consider the change of the request to agricultural zoning.
Zoning Case 40-73-5 (R-1-7 to R-1-5) was called for hearing and the Chairman called for interested parties to be heard. Michael C. Mabry appeared in support of the request for rezoning for placement of mobile unit and stated that the Dona Vista Area should be studied and considered for rezoning as he feels this territory should not be zoned R-1-7. Commr. Hoskinson said that he feels this whole section should be surveyed and a zone be applied uniformly to the area. Commr. Burhans moved that the recommendation of the Planning and Zoning Commission be overturned and the request be approved. The motion died for lack of a second. On motion of Commr. Windram, seconded by Commr. Hoskinson and unanimously carried, the Board denied the request for rezoning without prejudice.
Zoning Case 54-73-5 (R-1-7 to C-1) was called for hearing and the Chairman called for interested parties to be heard. Lella Stratakis, applicant, appeared and stated that his original request was for C-1 zoning and the Planning and Zoning Commission changed it to CP. He asked the Board to clarify the CP classification for him. On motion of Commr. Hoskinson, seconded by Commr. Burhans and unanimously carried, the Board granted the original request for C-1 zoning classification.
Zoning Case 48-73-4 (RR to RP for Dental Office) was called for hearing and the Chairman called for interested parties to be heard. L. B. Ritter appeared and opposed the rezoning. Edward O. Robinson appeared and stated he felt it would be spot zoning and opposed the rezoning request. Thomas R. Champion, Attorney representing the applicant, appeared in support of the request. The County Attorney, Christopher C. Ford, said this property is next to a shopping center and therefore he does not feel this would constitute spot zoning. On motion of Commr. Carson, seconded by Commr. Windram the recommendation of the Planning and Zoning Commission was upheld and the rezoning from RR to RP was approved. Commr. Burhans voted no. The Chairman declared that the motion carried.
The Board discussed hiring administrative help for the Planning and Zoning, Building and Engineering Departments. Commr. Hoskinson was asked to make some recommendations regarding the hiring of an Administrative Assistant at the Special Meeting scheduled for May 23, 1973. The Board set the tentative salary between $12,000 to $14,000 for the position.
Commr. Burhans and Commr. Windram left the meeting at this time.
Commr. Hoskinson informed the Board that Ed Mitenius has asked for opinion regarding commercial sales in residential zones (specifically, selling of mobile homes in R-3 zones). The matter was referred to the Planning Director to check into and make recommendation to the Board at future meeting.
(Rezoning Resolution Nos. 6-73 and 7-73, dated April 25, 1973, were incorporated into these Minutes at this point and are attached to the Official Minutes in Minute Book 24.)
bids
On recommendation of the County Engineer, and on motion of Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, the Board accepted the bid submitted by D. C. Waters Ford for one dump truck, at cost of $7,390.56, and one pickup truck, at cost of $3,206.99 for the Road and Bridge Department. The Engineer stated that the 5-1/2” rims on the pickup truck were satisfactory and that this was the only bid submitted.
roads – county
On motion of Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, the Board authorized improvements to the following listed County roads, as set out by the Engineer:
3-2233 – Libby #3 cutoff
2-2704 – Merritt Road and Bridges Road
2-2503 – Youth Camp Road
3-0942 – Hull Road
3-1751 – Turkey Farm Road
1-4607 – Veech Loop
2-3311 – Hubbard Sub Street
5-7878 – Skyline Drive
5-7977 – Tucker Road
5-7776 – Hatfield and Saltsdale Road
5-9786 – River Road
4-5057 – Mt. Homer Road
4-4955 – Mt. Homer Road
Mt. Homer Road
Glover Extension
Illinois and Gadson Street
Ohio Street
Kentucky Street
Fisherman’s Road Bridge
Owens Road
1-6602 – Cherry Lake
2-2839, 2-2539 & 2-2340 – Buck Hill
2-2824, 2&3- 2749 – Dewey Robbins
1-5133 – Morningview
Clay spur to SR 44 from #5890
public health
The Engineer presented request from Camp McQuarrie (4H and Boy Scout Camp) for assistance in digging a refuse pit. Commr. Carson moved that the work be authorized as long as it is done when the tractor is being moved to Astor. The motion was seconded by Commr. Hoskinson and unanimously carried.
appraisals
On recommendation of the County Engineer, the Board asked the Attorney to prepare a Disclaimer for Mr. J. F. Sparks disclaiming any interest that Lake County has in the abandoned Picciola Road clay pit. On motion of Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, the Board withdrew their previous order for appraisal by Lee Howard of said property on recommendation of the County Attorney.
road and bridge department
On recommendation of the Engineer, and on motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the Board approved the installation of a drainage culvert across Mr. Shelbey McLendon’s property, off County Road 4-4861, subject to execution of an easement. Mr. McLendon will pay for the pipe and installation of same, the Road and Bridge Department will accomplish the work.
right of way easements
On recommendation of the County Engineer, Commr. Carson moved that the Engineer be authorized to make arrangements with property owner (Oak Hill Country Club, Sorrento) for the easement to install one drainage pipe approximately 18” in diameter and 300’ long, and one 15” pipe, approximately 120’ long to solve the drainage problem on County Road 4-4037, and upon receipt of the executed easement, the Road and Bridge Department be authorized to install the pipe. The motion was seconded by Commr. Hoskinson and unanimously carried.
roads – county
On recommendation of the County Engineer and on motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the Board adopted Resolution to reduce the speed limit on portion of 1-6280 (Thrill Hill Road) to 35 mph and authorized appropriate signs to be erected and rumble strips installed.
bonds – miscellaneous
On motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the Board approved Deputy Sheriff Bonds for the following:
Robert Earl McDonald
Willard W. Spencer
Jerry A. Thompson
Henry J. Toth
Francis John Ugorek
licenses and permits
On motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the Board approved Contactors Bonds for Certificates of Competency for the following:
#1021 – R. E. Kinsey (Specialty)
#1022 – Harry H. Showers (Cement)
#1023 – Robert S. Stultz (Painting)
#1024 – Jack Owens dba J & M Aluminum
#1026 – Joseph R. Douglas (Roofing)
laws & legislature
On recommendation of the County Attorney, and on motion of Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, the Board authorized mass mail out to the Florida State Senators opposing the waiver of sovereign immunity for counties.
communications
The Chairman read letter from Terrell Davis, County Forester, regarding bracing and removal of trees along the Dora Canal.
The County Engineer presented letter from TWA Services, Inc., regarding deeding of easement for proposed Public Park to the County that is located within the area to be deeded to the Florida Audubon Society.
Resolution from Okaloosa County to the Congress opposing any attempt to aid and abet the aggressors from North Vietnam by expending monies of the people of the USA was read and filed.
reports
Report of Inspection of Lake County Jail, dated April 16, 1973, was read and filed with the Board.
accounts allowed
On motion of Commr. Carson, seconded by Commr. Burhans and unanimously carried, the Board authorized the purchase of two 115V Whirlpool, 11,000 BTU air conditioners for the Veterans Service and Civil Defense Offices from Whitford Appliance at a cost of $239.00 each.
On motion of Commr. Burhans, seconded by Commr. Hoskinson and unanimously carried, the Board raised the salary of Assistant Matron Superintendent at the Juvenile Supervision Center from $5,800 to $8,000 per annum and authorized the necessary transfer from Contingency to cover same and authorized inter-budget transfer to cover relief and vacations.
On motion of Commr. Carson, seconded by Commr. Burhans and unanimously carried, the Board raised the rate of pay for poll workers to $2.00 per hour for Clerks and $1.75 for Inspectors effective next election.
On motion of Commr. Carson, seconded by Commr. Windram and unanimously carried, the Board approved travel expenses for Joseph Flynn, Planning Director, to attend 14th Annual Planning and Zoning Conference in Tampa, June 6-9, 1973.
On motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the Board authorized the Clerk to have carpet installed in the Supervisor of Elections Office, the Clerk’s Office and any other areas within the Courthouse he deems necessary at cost of $5.25 per square yard installed.
funds – transfer
On motion of Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, the Board authorized transfer of $3,600.00 from Contingency in the General Revenue Fund to Account #2320334.
There being no further business to bring before the Board, the meeting adjourned at 6:35 o’clock P.M.
_________________________________ ______________________________
CLERK chairman