A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
march 19, 1974
The Board of County Commissioners of Lake County, Florida, convened in regular session in the Commissioners’ Room of the Courthouse, Tavares, Florida on Tuesday, March 19, 1974 at 9:00 a.m. 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; and Andrea Gambrell, Deputy Clerk.
autos and trucks
Mr. William Hennessey, Acting Director of the Department of Pollution Control, appeared before the Board requesting permission to purchase a four wheel drive pickup truck for his department. Mr. Hennessey was instructed to contact the various dealers in the area to see what was immediately available and report his findings to the Board later in the day.
Mr. Hennessey returned to the Board with a list of the dealers contacted along with the quotations he had received. On a motion by Commr. Burhans, seconded by Commr. Windram and carried, Mr. Hennessey was instructed to accept the quotation from Kreigsman American Motors as the lowest and best of seven quotations for a four wheel drive Jeep in the amount of $3,545. Commr. Hoskinson and Commr. Deems voted “no.”
state agencies
Commr. Carson brought before the Board a letter from the DOT regarding a statewide Uniform Accident Location Reference System. This letter was referred to the County Engineer for his attention.
hyacinth control
Commr. Carson brought before the Board a letter from Congressman Bill Chappell concerning an application by the U.S. Army Corps of Engineers to use the weed killer 2, 4D on the water hyacinths of the St. Johns River. This letter was given to Mr. William Hennessey, Acting Director of Pollution Control, for his review.
Mr. Hennessey reported to the Board later in the day that the Department would have no objections to the Corps using this weed killer. Mr. Hennessey was instructed to write to the Corps of Engineers on behalf of the Board of County Commissioners informing them that the Board had no objections to them using weed killer 2,4D. Mr. Hennessy was asked to send a copy of this letter to Congressman Bill Chappell.
appointments
Mr. William Henderson, Code Enforcement Officer, appeared before the Board with his report on the accusations made against Mr. Edward Weaver of the Planning and Zoning Commission. It was stated that technically Mr. Weaver was in violation with regard to the travel trailers parked on his property. It was indicated through the testimony of Mr. Charles Jennings that the shop was a pre-existing use and that Mr. Weaver was not in violation of operating a business in an Agricultural Zone. On a motion by Commr. Windram, seconded by Commr. Deems and carried, Mr. Weaver was found in violation of the zoning ordinance with respect to the travel trailers and given until April 1, 1974 to comply with the zoning code.
It was moved by Commr. Hoskinson, seconded by Commr. Burhans and carried, based on the evidence presented there was not sufficient cause to warrant the dismissal of Mr. Edward Weaver from the Planning and Zoning Commission.
contracts
Christopher C. Ford, County Attorney, stated that he had spoken to Mr. Jack Kirkpatrick with regard to the County renting his warehouse and bulk plant in Tavares. Mr. Ford further stated that he and Mr. Kirkpatrick had discussed the following points which were included in the contract. (1) Mr. Kirkpatrick for $400 per month would supervise deliveries to and from the bulk plant. (2) Mr. Kirkpatrick would receive one and one half cents per gallon for fuel delivered to the County facilities or any place the County designates. (3) Mr. Kirkpatrick would also be responsible for the upkeep of the storage tanks as well as building a containing wall around these facilities should this be necessary. (4) Use of the radio tower located on the property. (5) The County will be given first refusal on purchasing the property being leased.
On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried, the Chairman and Clerk were authorized to sign the lease prepared by the County Attorney binding the Board to a five-year contract with Mr. Jack Kirkpatrick for the use of the old American warehouse and bulk plant in Tavares.
Later in the day, the County Attorney, Christopher C. Ford, presented to the Board the final draft of the Lease between the County and Mr. Jack Kirkpatrick. On a motion by Commr. Windram, seconded by Commr. Deems and carried, the lease as drawn by the County Attorney was approved, and the Clerk and Chairman were authorized to sign the agreement effective April 1, 1974 to April 1, 1979.
The Clerk presented to the Board a cooperative Equipment Lease between the Division of Forestry and the Lake County Board of County Commissioners for the Pine Lakes Volunteer Fire Department. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried, the Clerk and the Chairman were authorized to sign the Agreement.
courthouse
The Architects of Gutmann, Dragash and Matz, Architects, Inc. in joint venture with Jack Jones, Architect, Inc. appeared before the Board to present their revised Schematic Design of the new Courthouse Complex.
The Architects suggested that the Board begin to consider those offices which will occupy the old Courthouse. The Clerk stated that in his opinion there was ample space for the Welfare Director, Veteran Service Officer, Civil Defense Director, Water Authority, and Safety Council in the old Courthouse. It was moved by Commr. Deems, seconded by Commr. Burhans and carried that the above-mentioned offices will not be included in the new Courthouse.
At this time, the Schematic Design of the Sheriff’s Office was considered. Mr. Robert Tanner, Chief Deputy, appeared before the Board on behalf of the Sheriff. Mr. Tanner stated that the Sheriff would like to move his entire staff into the new Courthouse and turn the now existing offices into correctional facilities. He stated that there are no recreational facilities, no library, no conference rooms for the prisoner, no storage room, no evidence room, etc. available in the existing building. Mr. Tanner felt that the space being vacated could be used for such purposes. The Chairman requested the Courthouse Committee consider the Sheriff’s request and to report their findings to the Board.
recess and assembly
Commr. Carson announced that the Board would have lunch at the Fiesta Restaurant and that the public and press were invited to join them on a Dutch-treat basis.
resolutions
Commr. Windram presented a request from Mrs. Tanner of the Drug Abuse Helpline Program for a resolution or letter in support of state funding for the Drug Abuse Program. On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried, a resolution was adopted supporting the above.
appointments
It was requested that the Board appoint a representative to serve on the Manpower Council from the client sector; Mr. Glyn Fiarcloth and Commr. Burhans recommended Horace B. Williams to this position. It was moved by Commr. Burhans, seconded by Commr. Hoskinson and carried that Mr. Williams be appointed to serve on this council.
tax assessor
On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried, Certificates of Error and Correction from 10337 to 10349 were approved.
hospitals
On a motion by Commr. Deems, seconded by Commr. Windram and carried, the admission of Bonice B. Beasley to the A.G. Holley State Hospital was approved.
bonds
On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried, Contractor Bonds were approved for the following:
1167 Del Kohn dba Kohn and Wood Construction
1168 George A. Prozg dba Al Porzig Plumbing
438-74 A. M. Skinner (Plumbing)
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried, the Firearm Bond for Will Jackson was denied on the recommendation of the State’s Attorney.
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried, the Firearm Bond on Hortensia R. Hall was approved.
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried, the Firearm Bond on Kenneth R. Hanes and Brian F. Howell were approved.
reports
The Board received from Miss Dorothy Gross, Lake County Animal Shelter Manager, the Operations Report from March 4-16, 1974.
planning and zoning
158-73-4 a to rr marion ackerman
No one appeared in objection to the rezoning. On a motion by Commr. Windram, seconded by Commr. Deems and carried, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.
433-4 cup marion ackerman
Mrs. Ackerman is applying for a CUP upon approval of 158-73-4. Mr. Bartley and Reverend Herbe Bell appeared before the Board in support of the application for a CUP for a Child Care Center. Mrs. Marion Ackerman appeared before the Board on her own behalf. She requested that the Board approve the CUP and allow the Child Care Center to begin with an enrollment of 50 children. On a motion by Commr. Windram, seconded by Commr. Deems and carried, the CUP was approved under the conditions that the enrollment will not exceed 25 children, and at the end of 60 days the enrollment may be increased not to exceed 50 children.
435-5 cup for cluster housing in a fred hunter, ernest palmer
No one appeared in objection to this CUP. On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried, the recommendation of the Planning and Zoning Board was upheld and the CUP was approved.
440-4 cup for cluster housing in a charles stienstra
Mrs. Charles Stienstra appeared on her husband’s behalf in support of the CUP. Commr. Carson requested that it be on record that he had received one letter in support of the CUP. On a motion by Commr. Deems, seconded by Commr. Windram and carried, the recommendation of the Planning and Zoning Board was upheld and the CUP was denied without prejudice.
10-74-3 a to r-3 planning and zoning commission
Mr. A.W. Atkins appeared before the Board in objection to the rezoning. Commr. Carson explained to Mr. Atkins that the rezoning was necessary because the land was already being used at R-3. On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.
3-74-4 rr to a robert kemper
No one appeared in objection to this rezoning. On a motion by Commr. Deems, seconded by Commr. Windram and carried, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.
443-5 cup in a roger williams
No one appeared in objection to the CUP. On a motion by Commr. Burhans, seconded by Commr. Windram and carried, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved. Commr. Hoskinson voted “no.”
2-74-5 a to r-1-7 leonard kanto
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried, this case was postponed until April 16, 1974.
4-74-1 R-1-7 to r-1-5 ira k. karvey
No one appeared in objection to this rezoning. On a motion by Commr. Windram, seconded by Commr. Burhans and carried, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.
11-74-1 r-1-7 to r-1-5 thelma kilgore
No one appeared in objection to this rezoning. On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.
441-1 cup for a pud in rr theodore e. carr
Mr. Phillip Tatich, Attorney for Mr. Carr, appeared before the Board in support of the CUP. Mr. Tatich asked the Board if it would be permissible to direct a few questions to Mr. Michael Willett, Planning Director. The Board members had no objections. After several questions, Mr. Christopher Ford, County Attorney, stopped the questioning and stated that this was not an inquiry and that Mr. Willett could not speak for the other members of the Planning and Zoning Board as well as their thoughts in the determination of the final recommended denial of the CUP. At this time, Mr. Tatich presented to the Board Dr. Earnest Bartley, Planning Consultant from Gainesville. Mr. Bartley presented his evidence to prove that the CUP should not be denied.
Mr. Larry Taylor, Attorney for the Silver Lake Association, appeared before the Board in support of the denial of this CUP. Mr. Taylor stated that this CUP would destroy the integrity of the area.
Mrs. Susanne Burke, a Silver Lake Resident, appeared in support of the denial of this CUP.
At this time, Commr. Windram brought to the Board’s attention that of the 176 lots in Silver Lake, 83 had been developed, leaving over one half the area still to be developed with private homes.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the CUP was denied.
13-74-5 c-1, r-1-7 and r-3 to r-3 howard durden
No one appeared in objection to this rezoning. On a motion by Commr. Deems, seconded by Commr. Windram and carried, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.
6-74-2 rp to r-1-5 bettie j. simmons
No one appeared in objection to the rezoning. On a motion by Commr. Deems, seconded by Commr. Windram and carried, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.
12-74-2 rp to r-1-5 john turner
No one appeared in objection to this rezoning. On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.
442-2 cup for pud loyal walley
On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried, this petition was postponed until April 16, 1974.
14-74-3 a to m-1 ralph a. roane
No one appeared in objection to this rezoning. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried, the recommendation was upheld and the rezoning was approved.
5-74-3 c-1 and r-1-7 to c2 j. wade, jr.
No one appeared in objection to this rezoning. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.
9-74-3 a to rr william canty
No one appeared in objection to this rezoning. On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.
8-74-3 r-1-7 to rr harry huizenga
No one appeared in objection to this rezoning. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.
7-74-3 rr to a c.a. root
No one appeared in objection to this rezoning. On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.
439-3 cup in a c.a. root
No one appeared in objection to this CUP. On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried, the recommendation of the Planning and Zoning Board was upheld and the CUP was approved.
438-3 cup for pud in a thomas freeman
On a motion by Commr. Burhans, seconded by Commr. Deems and carried, this petition was postponed until May 21, 1974.
15-74-2 a to r-1-15 zonnie maynard, jr.
No one appeared in objection to this rezoning; however, Commr. Windram reported that Mr. Richard Jackson of Mount Dora wanted to go on record in opposition to the rezoning. At this time, Mr. William Hennessey, Acting Director of Pollution Control, requested that he also be on record as opposing the rezoning. On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the recommendation of the Planning and Zoning Board was approved and the rezoning was approved. Commr. Windram voted “no.”
17-74-2 a to r-1-15 zollie maynard, jr.
No one appeared in objection to this rezoning. Commr. Windram stated that Mr. Richard Jackson of Mount Dora wanted to go on record as opposing this rezoning. At this time, Mr. William Hennessey, Acting Director of the Pollution Control Department, requested that he also be on record as opposing the rezoning. On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved. Commr. Windram voted “no.”
16-74-2 a to rr zollie maynard, jr.
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried, this petition was postponed until April 16, 1974.
At this time, Commr. Hoskinson moved reconsideration with regards to petitions 7-74-3 and 439-3 due to the fact that he does business with Lykes Pasco and could have a possible conflict of interest; it was seconded by Commr. Windram and carried. Commr. Carson stated that he had sold fruit to Lykes Pasco this season, and the County Attorney advised the Commissioner that he too could have a conflict of interest and should abstain from voting.
7-74-3 RR to A C. A. Root
439-3 CUP in A C.A. Root
No one appeared in opposition to this rezoning or CUP. On a motion by Commr. Burhans, seconded by Commr. Windram and carried, the recommendations of the Planning and Zoning Board were upheld and the rezoning and CUP were approved with Commissioners Hoskinson and Carson abstaining due to a possible conflict of interest as stated above.
At this time, Michael Willett informed the Board that the DRI of Villeron XIII will be coming before the Board on May 2, 1974 and asked if they would want a special hearing for this particular case. It was the opinion of the Board that a special meeting should be held on May 20, 1974 at 10:00 a.m. for this case.
Michael Willett further stated that the Board of County Commissioners might desire to meet with the officials of Polk County concerning the Green Swamp being designated “an area of critical State Concern” since both counties will be affected. Mr. Willett was instructed to organize such a meeting. Mr. Willett will notify the Board later in the week as to the specific time and place and date.
roads – county
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried, the request to advertise for a public hearing on closing certain roads in Shady Dells Subdivision was approved.
Mr. Larry Morey, Acting County Engineer, presented a preliminary report on the priorities for the Five Year Road Program. It was the Board’s opinion that a special meeting should be held on March 22, 1974 at 1:00 p.m. to discuss the Engineer’s recommendations.
roads – state
Larry Morey, Assistant County Engineer, presented to the Board a letter from the DOT requesting right-of-way for 19A from SR 500A to SR 500. On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried, the right-of-way forms from the DOT were approved. Commr. Deems voted “no.”
communications
Commr. Carson brought before the Board a memorandum from Jacquelyn Hester, Administrative Assistant to the Engineering and Planning Department, informing the Board that the FCC had assigned call letters and a frequency number for the new radio channel. On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried, the Public Works Department was authorized to advertise for bids for a Base Station with two channel capability. It was requested that the record show this is a budgeted item.
The Clerk presented to the Board an invitation from Pinellas County to attend their 12th Annual Pinellas County Industrial & Machine Tool Exhibition on April 18, 1974 at 3:30 p.m.. The Board asked that the Clerk thank them for this invitation.
The Clerk presented a letter of appreciation from Mr. Stuart Robson for the paving of the roads in the Golden Heights Subdivision.
On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried, the Board of County Commissioners adopted a resolution establishing construction and building codes for trades requiring expert technical knowledge.
The County Attorney presented to the Board a request from the DOT asking for the Commissioners to issue credit to them at the Courthouse. At this time, James C. Watkins, Clerk, stated that he had cancelled all credit after he came into office due to the book work involved. The Board felt that this was under the jurisdiction of a separate constitutional officer and was solely his decision to make.
A letter was received from Groveland Academy requesting the use of County Clay on the Academy grounds which will be used for a school garden. The Clerk was instructed to write to Groveland Academy informing them that the County is not permitted to make available County property or materials for private use.
accounts allowed
On a motion by Commr. Deems, seconded by Commr. Burhans and carried, travel was approved for Commr. Hoskinson; James C. Watkins, Clerk; and Harry Neis to Boca Raton for a computer seminar sponsored by IBM on April 4-5, 1974.
It was moved by Commr. Hoskinson, seconded by Commr. Burhans and carried to purchase additional volumes of Florida Statutes Annotated from the West Publishing Company in the total amount of $1,349.84.
On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried, it was approved to purchase the eight sets of the Florida Statutes 1973 and 1974 Supplement in the total amount of $384.
On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried, travel was approved for Miss Dorothy Gross, Lake County Animal Shelter Manager, to the Marion County Dog Pound to obtain information on their operational procedures.
There being no further business to bring before the Board, the meeting was adjourned at 6:45 p.m.
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james r. carson, jr., chairman
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James C. Watkins, Clerk