MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
june 19, 1973
The Board of County Commissioners of Lake County, Florida, convened in regular session on Tuesday, June 19, 1973, in the Commissioners’ Room, Courthouse Tavares, Florida, at 9:00 o’clock A.M. with the following members present: C. A. Deems, Chairman; J. M. Hoskinson; Glenn C. Burhans; James R. Carson, Jr.; and Thomas J. Windram. Others present were: James C. Watkins, Clerk of Circuit Court; Fred M. Harpster, County Engineer; Christopher C. Ford, County Attorney; Joseph E. Flynn, County Planner; Norma H. Coven, Deputy Clerk; and Doris Babb, Financial Officer.
The Chairman called the meeting to order and the invocation was given by Clerk Watkins. The Pledge of Allegiance to the Flag was recited.
minutes
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the minutes of the meeting of September 5, 1972 as amended.
On a motion by Commr. Windram, seconded by Commr. Hoskinson, the Board approved the minutes of the meeting of December 5, 1972 as amended with the addition of the recorded transcript.
On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved the minutes of the meeting of May 30, 1973 as submitted.
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the minutes of the meeting of June 5, 1973 as amended.
appointments
Mr. Lennon D. Jordan, Covington Road, Mascotte, was appointed to serve as a member of the Board of Zoning Appeals on a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously.
juvenile
The Chairman reminded the Board that on July 1, 1973, the State will assume the funding of the Juvenile Shelter. He read an excerpt of a letter from Senator de la Parte informing the County that it would not be necessary to make any repairs or renovations to the Shelter prior to the takeover. The Deputy Clerk was instructed to send a copy of this letter to the State Department.
Ben Rebel requests permission to use the conference room in the Planning Department for two nights per month to train Volunteer Youth Counselors. This matter was referred to the Clerk.
bids
Clerk Watkins recommended that the Board reject all bids on workmen’s compensation insurance and re-advertise because of the discrepancies between the bids. This was approved on a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously. Clerk Watkins was authorized on a motion by Commr. Carson to negotiate for a thirty-day extension with the company carrying the present policy.
sheriff
The Chairman read letters from two former Deputy Sheriffs, Shannon M. Secrease and Carl R. Mabry regarding vacation pay. The Attorney suggested that a letter be sent to the Sheriff asking if he would care to make any comments so that the Board could have some information to give to these former employees.
east central fl regional planning council
The Chairman announced that he has asked Commr. Hoskinson to appear on Lake County’s behalf at the McCoy Air Force Base Impact Study Committee meeting. The Deputy Clerk was instructed to write a letter of thanks to Congressman Lou Frey for his consideration in including Lake County in the meeting.
reports
Glenn Y. Middleton, Building Official, presented reports from the Planning Department for building activity for the month of May.
tax assessments
The Chairman reminded the Board of a request previously received from the NW Hospital District concerning the waiving of the Tax Collector’s and Tax Assessor’s Commissions collected in the district. The Attorney said there is no case authority on this point, and it has never been decided. He recommended that the Board obtain an opinion from the Attorney General before taking any action. The Attorney spoke regarding the notice relative to the tax adjustment board for 1973. He said that August 8, 1973 is the proper date to consider as a tax adjustment board, but in the event that the assessment roll is not completed at that time, the Board can announce another date.
road maintenance
The Engineer spoke on damage to County roads by discs. The Attorney said that the highway statutes provide that it is unlawful to dig up or disturb any State or County road. Digging up with equipment could constitute road obstruction and is a more serious offense than disturbance of roads. The Attorney recommended a consultation with the State Attorney before taking any action against violators.
The Engineer reported on the drainage problem on Lincoln Avenue in Mt. Dora. He suggested that additional funds be provided to build a better drainage system for subject road construction. The Board instructed the Engineer to research this further with the possibility of completing the project using the amount of funds originally allocated.
road maintenance – subdivisions
Mr. C. D. Watson appeared concerning a road in Cathedral Arch Estates. The platted road has grown up in weeds, and vehicles are using Mr. Watson’s deeded property as a road. The Chairman asked Mr. Watson to confer with the Engineer and gather more information on this.
The Engineer reported that a cost estimate had been prepared on rebuilding Suzanne Drive and Lake Drive in Southland Subdivision. His department received a check in the amount of $4,076 from developer Harry Mielke to pay for the participating share of the construction costs. Commr. Carson observed that this was against the Board’s policy; that is, it is not the Board’s intent to share 1/3 – 2/3 in the developing of a subdivision that the developer is going to sell. The Engineer was instructed to find out who owns the majority of the property in the subdivision.
county employees
Clerk Watkins requested a relief operator for the switchboard, and the Board agreed that it is necessary to hire someone. On a motion by Commr. Burhans, Pat Ryan, present operator, was granted vacation time from August 3, 1973 through August 10, 1973. The motion was seconded by Commr. Hoskinson and carried unanimously.
recess and reassembly
The Chairman announced that the Board members will have lunch at the Silver Lake Country Club and invited members of the press and public to join them on a Dutch-treat basis. The meeting adjourned for lunch at 12:00 noon and reconvened at 1:30 p.m. to take up the remaining items of business.
animals
Jeannie Troesch, Tavares, appeared with a request that the Board construct an animal shelter. The Chairman informed her that the Engineer and Commr. Burhans were looking for a suitable location on which to build a shelter. The Engineer reported that the Health Department had referred him to several veterinarians to obtain their ideas on construction of a modular building with runs. The Chairman instructed the Attorney to review the statutes for the authority of dog control. The Engineer will continue research on buildings and return to the Board.
hospitals
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the following applicants were accepted for admittance to the A. G. Holley State Hospital:
Elizabeth Dunn Emmettee Greene
fire districts
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, a letter is to be written to the District Forester requesting recommendations for the Board’s consideration on a comprehensive fire protection plan for unincorporated areas in the County.
communications
A letter was read from the acting chairman of the Oklawaha Water Authority regarding an amendment to a bill creating water basins. A copy is to be sent to Commr. Carson.
county employees
Simon R. Ottman and Roberta K. Parish were hired at an hourly wage of $1.75 per person. They are temporarily employed at the Juvenile Shelter as vacation replacements.
right of way easements – except roads
The Engineer presented a request from Sumter Electric for an easement to construct and maintain a power line on County property along the side of a borrow pit on SR 33. He recommends that this easement be granted and executed. This was approved on a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously.
maps and plats
The Engineer recommended that the County obtain easements in regard to drainage rights and maintenance in parks and roads in the Royal Trails development. The Attorney for Royal Palm Beach Colony, Inc. stated that Unit 2 of the development will comply with the CUP when it is worked out.
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the plat was approved subject to a letter from Royal Trails confirming that Unit 2 will comply with the CUP.
The Engineer spoke regarding Coursey Subdivision in the Montclair area. This is an unrecorded subdivision. The Engineer recommends making four lots out of the property, which will face County-maintained roads and which will be large enough to meet State requirements for wells and septic tanks. The Engineer was instructed to confer further with the builder to develop a plat with acceptable sized lots.
autos and trucks
The Engineer stated that the insurance company has agreed to pay the County $450 for the wrecked truck and also include the wreck.
The Attorney recommended that the title on the fire truck for the Lake Louisa Security Patrol be transferred to them from Civil Defense with the agreement that the title can be transferred back upon twenty-four hours’ notice.
jails
A letter was read from Kemper Insurance Company recommending replacement of the hot water storage tank in the boiler room. The company also advised replacing parts as may be required in the deep well pump. This was referred to the Engineer for investigation.
bonds
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the following bond to carry firearms was approved:
C. E. Patrick
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the following contractors’ bonds were approved:
#1037 Donald J. Head
#1038 Terry D. Hagen dba Wood & Hagen Enterprises
#1039 Clair E. Lewis
#1040 Arwood Hollins
#1042 Larry D. Stone dba as P & S Concrete Services
#1043 Oliver Donald Divine dba D & E Roofing Co.
#1044 James M. Bowen dba Bowen Dry Wall
#1045 Wayne Hilton Loyd
accounts allowed
A letter was read from the County Health Director requesting that repairs in the amount of $254.54 be done at the Clermont Unit. This was approved on a motion by Commr. Carson, seconded by Commr. Hoskinson, and carried unanimously.
Clerk Watkins requested after-the-fact authorization for travel expenses for Mr. Nies and himself to the SWI school in Tallahassee June 13, 1973 through June 15, 1973. This was approved on a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously.
The County Planner asked that travel expenses in the amount of $335 be approved for Fred Bollenberg to attend the Region 3 Civil Defense Council meeting in Winston Salem, N.C., July 15, 1973 through July 18, 1973. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, this expense was authorized.
checks received
It was moved by Commr. Burhans, seconded by Commr. Windram and carried unanimously to accept a check from E. L. Atkinson in the amount of $25 for reimbursement for damage to County-maintained road.
county tax collector
The Engineer reported that the Tax Collector has requested additional electrical outlets for his office. The Clerk will see that this is done.
bids
On a recommendation of the Engineer, all bids on road resurfacing were rejected. Re-advertising was approved on a motion by Commr. Windram, seconded by Commr. Carson, and carried unanimously.
planning and zoning
Mr. Roxy Howse of Major Realty presented a draft form of the Three Rivers Project. The presentation is by no means complete, but the Engineer recommended that it be brought to the Board’s attention because of the large acreage of the project. Clerk Watkins made a public declaration to the effect that he has acted as a consultant to Major Realty on the Three Rivers Project.
right of way – roads
The Board granted David Kelley, Astatula, access to his property over County property. Road right of way purposes will be dedicated to the public by the Board per description as provided by the Engineer. In return, Mr. Kelley will give a signed agreement to the Board that he will pave the road to County specifications from SR 561 to his property.
zoning
Attorney Carter Moore appeared regarding the over digging by Shands and Baker at the Astatula Sand Mine. He has viewed the area and finds that the company is definitely in violation. The County Planner confirmed this.
The Chairman instructed the Attorney to telephone Shands and Baker and inform them that if they do not stop digging within twenty four hours, an injunctive suit will be brought against them.
It now being the time advertised to consider applications for changes to zoning classifications, the following cases were brought before the Board for hearing:
Zoning Case #36-73-1 – Parcel #1 – Planning and Zoning recommended approval. Approval upheld on a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously.
Zoning Case #36-73-1 – Parcel #2 withdrawn on a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously.
Zoning Case #36-73-1 – Parcel #3 – Planning and Zoning recommend denial. Attorney H. L. Pringle appeared against the recommendation. Real Estate Broker Lee Howard sworn as expert witness and testified in opposition to Planning and Zoning recommendation. Jack Purdum appeared opposing denial. Robert Toller representing Silver Lake Zoning Association appeared to oppose rezoning. South ˝ of Parcel #3 approved for CP u to depth of 500 feet, parallel to the highway on a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously.
Zoning Case #36-73-1 – Parcel #4 withdrawn on a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously.
Zoning Case #53-73-2 – Postponed until July 17, 1973 at 2:00 p.m. on a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously.
Zoning Case #30-73-1 – Planning and Zoning recommended denial which was upheld on a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously.
CP 407-1 – Planning and Zoning recommended denial. Robert Toller read a letter from the Silver Lake Zoning Association opposing the request. Rantson Davis, Attorney, appeared for the Lake Sumter Community College trustees in opposition. Mrs. Frank Mangum appeared opposing the request. The Attorney recommended allowing the application be withdrawn. This was approved on a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously.
Zoning Case #74-73-1 – Approved on a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously.
Zoning Case #77-73-1 – Approved on a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously.
CUP 406-5 – Approved on a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously.
Zoning Case 68-73-1 _ Planning and Zoning recommend denial. Upheld on a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously.
Zoning Case #69-63-1 – Planning and Zoning recommended denial. C. C. Williamson, applicant, appeared opposing denial. Eddie Collins appeared in favor of rezoning. Denial upheld on a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously.
Zoning Case #72-73-4 – Planning and Zoning recommended denial. Dewey Burnsed, Attorney, appeared representing the applicant opposing denial. Al Shirley, Pine Island Land Company, adjoining property owner, appeared in opposition to the rezoning. Denial upheld on a motion by Commr. Burhans, seconded by Commr. Windram and carried. Commr. Hoskinson voted “no.”
CUP 408-5 – Approved on a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously.
Zoning Case #73-73-5 – Withdrawn by the applicant at the hearing before Planning and Zoning recommendation. Approved withdrawal on a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously.
Zoning Case #67-73-4 – Planning and Zoning recommended denial. Upheld on a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously.
Zoning Case #63-73-4 – Planning and Zoning recommended denial. Minnie Permenter, applicant, 1316 Hackett St., Mt. Dora, appeared in opposition. Denial upheld on a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously.
Zoning Case #60-73-3 – Approved on a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously.
Zoning Case #59-73-3 – Planning and Zoning recommended denial. Upheld on a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously.
Zoning Case #62-73-2 – Postponed until July 17, 1973 at 2:00 p.m. on a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously.
Zoning Case #76-73-2 – Postponed until July 17, 1973 at 2:00 p.m. on a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously.
CUP 410-3 – Approved on a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously.
Zoning Case #65-73-3 – Approved on a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously.
Zoning Case #66-73-3 – Applicant appeared, requested 60-day postponement. On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, applicant was granted until July 17, 1973 at 2:00 p.m.
Zoning Case #75-73-3 – Odell Warren representing the property owner appeared in the interest of the request for rezoning. Approved on a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously.
Zoning Case #70-73-3 – Approved on a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously.
Zoning Case #61-73-3 – Approved on a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously.
Zoning Case #71-73-3 – approved on a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously.
On the recommendation of the Planning and Zoning Commission and on a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, a resolution was adopted altering and amending the above zoning rules and regulations as they pertain to the following described tracts of land to the classifications designated after each description.
There being no further business to bring before the Board, the meeting adjourned at 5:35 p.m.
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chairman
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Clerk