A REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 18, 1973
A regular meeting of the Lake County Board of County Commissioners was held on Tuesday, September 18, 1973, at 9:00 o’clock in the forenoon, in the Commissioners’ Room, Courthouse, Tavares, Florida.
The Chairman called the meeting to order with the following members present: C. A. Deems, Chairman; James R. Carson, Jr., Glenn C. Burhans, Thomas J. Windram, J. M. Hoskinson. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; Norma Coven, Deputy Clerk.
The invocation was given by James C. Watkins, who also led the Pledge of Allegiance to the Flag.
county employees
Jack Haddox appeared and recommended Lucille Ann Harper be employed as clerk-receptionist at the Lake County Extension Office, effective October 1, 1973. Her total salary is $4,775.00, the County to pay $3,675.00 and the State to pay $1,100.00 annually. On the motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the recommendation was approved.
On the motion of Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Engineer was instructed to continue the Clerk/Receptionist position and parts clerk position in the 1973/74 budget. The positions that are being phased out be given 30 days’ notice.
salaries
Jacquelyn Hester appeared regarding the budget for 1974. She would like the Board’s recommendation for salary increases. She recommends that the personnel that have been here longer, their increase will be effective October 1, 1973, and hold back a little longer on the newer personnel. Also, the position of Draftsman #1, 2, and 3 be combined and hire two draftsmen within the budgeted amount. On the motion of Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the request was approved.
fire district
Commr. Windram read a letter from the City of Tavares requesting that all inquiries concerning fire protection be referred to Mrs. Farner.
communications
The Chairman read a Resolution from Lee County concerning a request that the Departments in Tallahassee notify said Board in sufficient time of any conferences to be held pertaining to any project in Lee County in order that representatives of the County be present and also requesting that copies of all departmental correspondence to such projects be forwarded to the Board of County Commissioners in Lee County. This refers to HB 1331.
The Clerk read a letter from Seminole County regarding the implementation of the Meyers Act. It was read and filed.
The Clerk read a request from the Ocala Yacht and Boat Club to make the Oklawaha River navigable and safe for boaters. This was referred to Commr. Carson.
The Clerk read a letter from Briley, Wild and Associates regarding Drainage District and Water Management Districts. It was read and filed.
road maintenance
Commr. Hoskinson reported that the final deadline for inventory of traffic control devices, signs and signals is July 1, 1975. There is $50,000.00 budget for this next year.
Mr. Harpster reported that he does not have the personnel to survey the County.
On the motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, a Resolution was sent to the Governor’s Highway Safety Commission requesting assistance for inventory of traffic control devices, signs and signals to comply with the Federal rules, regulations and standards.
Commr. Carson read a memo from the Assistant Engineer regarding the five year road program. The Clerk suggested the Board meet with the Engineer in a work session and make recommendations to the Department of Transportation.
election – general
Commr. Hoskinson reported that the demonstration in Dallas on voting machines was strictly for absentee balloting. The Clerk was instructed to write Mrs. Stegall and explain why she was not notified of the presentation and invite her to attend the State Association of County Commissioners’ meeting in order to view the demonstration.
building department
Mr. Middleton requested that the Building Department employees be allowed to take the H H Block exam without paying the fee. On the motion of Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the request was approved.
Glenn Middleton, Building Official, appeared at the request of the Board regarding the rules on setbacks. A setback is established as 50 feet or a mean line by two existing properties on a street in a subdivision.
Commr. Carson moved as to building setback lines, the houses that have already been constructed in one block on one street be considered the determining factor for future setback lines. Commr. Hoskinson seconded the motion and it was carried unanimously.
roads – county
Fred Harpster reported the Department of Transportation declined to allow the County to erect signs to the Florida Boys’ Ranch on SR 561, 33 and 50.
road name
Fred Harpster presented a petition from Western Shores residents requesting Donald Road be changed to Lake Pines Road. On the motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, the request was approved and a Resolution adopted.
road name
Commr. Carson received complaints from the residents of El Rancho Drive stating that he road name has been changed to Youngs’ Extension. On the motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, a Resolution was adopted changing the name of Youngs’ Extension or District Road 2-4007 to El Rancho Drive.
maps and plats
Fred Harpster presented a plat of Sorrento Shores Subdivision and a request to record the first phase. All requirements had been met. On the motion of Commr. Windram, seconded by Commr. Hoskinson, and carried unanimously, the Chairman was authorized to sign the plat.
Larry Morey presented a request from R. H. Goddard to advertise the vacating of a portion of Eustis Meadows Subdivision. On the motion of Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the request was approved and the hearing will be advertised for October 9, 1973.
bids
Fred Harpster reported no bids on Propane Gas. The current price is 15 cents per gallon and the current supplier is Public Gas. They will supply the gas on a day-to-day basis on the current price of 42 cents per gallon.
Mr. Harpster advised Basic Asphalt will continue to furnish patching materials.
Type 2........................................................................ $10.50 per ton
Type 3........................................................................ 11.00 per ton
Fred Harpster’s recommendations on the bids received for annual requirements were as follows:
Crushed slag...................................... Holmes Company, Inc.
Crushed limerock.............................. Shands and Baker
Radio maintenance............................ Motorola Communications & Electric
Asphalt material................................ Central Oil Company
Corrugated circular steel – plain
and coated pipe ............................ Thomas Metal, Inc.
Corrugated arch and circular
Aluminum coated pipe.................. Palm Beach Tank and Culvert Co.
Plain pipe........................................... Culvert Manufacturing Company
12”, 15”, 18”, 24”, 30”, 36”,
48”, 54”, and 60” concrete pipe.... National Pipe Company
On the motion of Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Engineer’s recommendations on annual requirements were accepted.
bids
Commr. Windram moved the bid from E. A. Mariani Asphalt Co. for asphalt products be accepted. The motion died for lack of a second.
On the motion of Commr. Carson, seconded by Commr. Burhans, Central Oil Company of Tampa was accepted as the lowest and best bid and the bid was in the Engineer’s Office before the bidding time ended at 10:00 o’clock a.m. Commr. Windram and Commr. Deems voted “no.” The Chairman announced the motion carried.
reports
Fred Harpster furnished the Board with the annual reports of the Public Works Department.
The Clerk presented the monthly status report from the Volunteer Youth Council Program. On the motion of Commr. Carson, seconded by Commr. Windram, and carried unanimously, the report was approved and accepted.
animals
Commr. Burhans suggested that construction on the animal shelter be held off until the State Association of County Commissioners’ Meeting because we may get some new ideas on this matter.
bonds
On the motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, a firearm bond for Charles M. Moore was approved.
On the motion of Commr. Carson, seconded by Commr. Windram and carried unanimously, contractor’s bonds for Certificates of Competency were approved for the following:
#263 George F. Harper
#633 E. E. Weirich
suits affecting county
The County Attorney presented a request from the Engineer’s Office to file suit against L. T. Stewart for non-payment of $188.00 for landfill charges. On the motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, the County Attorney was authorized to file suit.
courthouse
The County Attorney regarding the Consultants Competitive Negotiations Act 73-19. The County must publicly announce that professional services are required and give a general statement of what the project is going to be. The Board of County Commissioner must certify that the consultant is competent. The Attorney recommended to the Board the procedures and policies. This matter was referred to the Attorney to prepare an advertisement.
contracts and agreements
The County Attorney feels the Attorney General’s opinion on bids for gas and diesel fuel does not apply to the Board, so the Board may or may not take bids on the items. On the motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, based on the County Attorney’s opinion, the agreement furnished by Standard Oil was accepted as a contract for 1973/74 on the basis of terms outlined in the agreement.
recess and assembly
The meeting recessed at 12:00 o’clock noon and reconvened at 1:30 p.m. The Chairman announced the Board members will have lunch at the Silver Lake Country Club and the Press and public are invited on a Dutch-treat basis.
insurance
The Clerk read a letter regarding the addendum to bids for comprehensive hospital liability. Liability limits required for Professional Liability to read - $25,000 bodily injury each person, $75,000 bodily injury each loss. Other coverage including O L & T, Products Liability, etc., should read - $75,000 bodily injury, $5,000 property damage liability.
zoning
The Clerk reported Michael Willett needs the Board’s authorization to sign CUP 417-3 in the absence of Joe Flynn. On the motion of Commr. Carson, seconded by Commr. Windram and unanimously carried, the Board authorized Mr. Willett to sign the CUP.
zoning
The Clerk reported Michael Willett needs the Board’s authorization to sign CUP 417-3 in the absence of Joe Flynn. On the motion of Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board authorized Mr. Willett to sign the CUP.
105-73-3 A. V. Marchant RP to CP
On the motion of Commr. Carson, seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning was upheld and the rezoning approved.
108-73-2 A. Henley R-1-7 to Agriculture
Request for withdrawal.
CUP 419-2 A. Henley CUP For Sand Mining Operation
Request for withdrawal. On the motion of Commr. Carson, seconded by Commr. Windram and carried unanimously, the request for withdrawal of 108-73-2 and 419-2 was approved.
107-73-5 R. C. Lee A to CP for Feed and Western Store
On the recommendation of the Planning and Zoning Department and on the motion of Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, this case was postponed until October 16, 1973, at 2:00 p.m.
11-73-2 and 422-2
Were withdrawn prior to hearing.
121-73-2 C.B. Ogden, Sr. A to R-3
On the motion of Commr. Burhans, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning was upheld and rezoning denied.
117-3-2 Claudia Eaton R-1-7 to R-1-5
Earnest Eaton appeared in support of the rezoning.
On the motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning was upheld and the rezoning denied.
CUP 423-2 W. A. Schlosser
CUP for PUD to allow a commercial area within an R-3 Zoning District. On the motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, this case was postponed until Mr. Newman, Attorney, can be present.
113-73-3 John A. Kroft A to R-3
On the motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, withdrawal was approved.
122-73-3 K & L Contractors, Inc. A to MP for Executive Office and Industrial Complex.
B. T. Bourland appeared and opposed the rezoning.
Carl Kelly, representing the applicant, appeared in support of the rezoning and showed drawings of the proposed industrial complex.
On the motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning was upheld and the rezoning approved with the strict stipulation that the necessary right-of-way be dedicated to the public and a parallel access road provided in conjunction with the Department of Transportation.
CUP 425-3 A. Duda and Sons CUP for Agricultural Housing in A
On the motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning was upheld and rezoning approved.
CUP 423-2 W. A. Schlosser CUP for PUD to allow a Commercial Area within an R-3 Zoning District.
Jack Williams, Attorney, appeared representing Robert H. Fraint, adjoining property owner. Mr. Williams said that his client was not aware the property was being rezoned.
Dick Newman, Engineer for the applicant, appeared and said the applicant is aware that a fence is required and is willing to erect the six foot fence.
On the motion of Commr. Carson, seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning was upheld and rezoning approved.
112-73-1 Michael Matray A to R-3
Larry Taylor, Attorney representing the applicant, appeared and requested a postponement for one month to review the new Legislature affecting the area.
On the motion of Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the case is postponed until October 16, 1973 at 2:00 p.m.
120-73-5 D. Carlton Radford C-1 to C-2
On the motion of Commr. Burhans, seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning was upheld and the CP zoning approved.
115-73-5 Umatilla Packers, Inc. R-1-7 and C-2 to MP
The applicant requested withdrawal after the Planning and Zoning hearing. On the motion of Commr. Burhans, seconded by Commr. Carson and carried unanimously, and carried unanimously, the withdrawal was approved.
119-73-5 John Sullivan R-1-7 to C-2
On the motion of Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the withdrawal was approved.
118-73-5 John Sullivan R-1-7 to R-3
On the motion of Commr. Windram, seconded by Commr. Burhans and carried unanimously, the case was postponed until October 16, 1973 at 2:00 p.m.
109-73-4 Richard Scogin LM to RR
On the motion of Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning was upheld and rezoning approved.
CUP 426-1 D. Rutherford CUP for Cluster Housing in A
On the motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning was upheld and a CUP for not more than two more than two mobile homes on the property was approved.
114-73-1 Aaron Harper R-1-7 to R-1-5
On the motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the case was postponed until November 20, 1973.
116-73-1 W. Forman and K. Lester R-1-7 and C-1 to all C-1
On the motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning was upheld and rezoning approved.
CUP 424-1 W. Forman and K. Lester CUP for Travel Trailer Park
On the motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning was upheld and CUP approved.
110-73-1 J. Patterson RR to C-2
Richard Conent appeared and opposed the rezoning.
Robert H. Tuller appeared and opposed the rezoning.
Mrs. Frank Magrin appeared and opposed the rezoning.
Mrs. Robuck appeared and opposed the rezoning.
Lester Huey, agent for Mr. Patterson, appeared and spoke against the CP zoning and in favor of the C-2 zoning.
Sam Pyles, associated with Mr. Huey, appeared and spoke in favor of the C-2 zoning.
On the motion of Commr. Windram, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning was upheld, regarding the change in zoning from C-2 to CP and the CP zoning was approved for an auto business only as allowed in C-2 zone.
Mike Willett presented a bond required in CUP 417-3 from Florida Rock Industries. The Attorney said the bond was in proper form. On the motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the $10,000.00 bond was accepted.
road CLOSING
The Clerk presented a petition from Henry L. Pringle to close Lake Street in Shady Dell Acres. It was referred to the Engineer.
checks received
Fred Harpster appeared regarding a permit from Department of Transportation to tie in with the drainage system on Ohio Street.
Also, submitted a check from Robert E. Thornburg in the amount of $3,170.00 reimbursement for tying into the drainage system on Ohio Street from SR 44.
accounts allowed
Fred Harpster reported on the cost of mowing at the Palatlakaha structure area would be $359.00. The same was approved at Cherry Lake, Villa City and Bridges Road on the motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously.
Mr. Harpster estimated that it would cost $444.00 for improvements to the County parking lot east of the courthouse. On the motion of Commr. Burhans, seconded by Commr. Carson and carried unanimously, the work was approved.
James C. Watkins presented a request for the Clerk’s Office to purchase two Recordak Easymatic Readers at $230 each. On the motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, the purchase was approved.
cancellation of warrants
On the motion of Commr. Windram, seconded by Commr. Burhans and carried unanimously, cancellation and stop order payments were approved for the following warrants:
FUND |
NO. |
ISSUED |
AMOUNT |
ISSUED TO |
General Revenue |
998 |
1/9/73 |
7.64 |
Marion Blanco |
General Revenue |
1254 |
2/13/73 |
50.00 |
Fla. Legislature |
Fine & Forfeiture |
513 |
2/13/73 |
6.20 |
Nellie Harlow |
Fine & Forfeiture |
514 |
2/13/73 |
6.20 |
Ernie Taylor |
Fine & Forfeiture |
515 |
2/13/73 |
6.20 |
Arlene Clark |
Fine & Forfeiture |
726 |
4/10/73 |
6.20 |
Nellie Harlow |
Fine & Forfeiture |
1039 |
6/12/73 |
7.40 |
William Franklin |
Fine & Forfeiture |
1076 |
6/12/73 |
6.20 |
Carrie James |
Fine & Forfeiture |
303 |
1/9/73 |
6.92 |
Don Watson |
Fine & Forfeiture |
327 |
1/9/73 |
9.92 |
Theodoris Harrell |
Fine & Forfeiture |
941 |
5/8/73 |
14.56 |
William Franklin |
General Revenue |
346 |
12/5/72 |
39.93 |
Kathleen Stephens |
General Revenue |
1693 |
3/13/73 |
28.00 |
J. M. Vander Meer |
Fine & Forfeiture |
276 |
1/9/73 |
7.64 |
Essie Williams |
There being no further business to bring before the Board, the meeting was adjourned at 4:45 p.m.
_________________________________ ______________________________
CLERK chairman