A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
april 16, 1974
The Board of County Commissioners of Lake County, Florida, convened in regular session in the Commissioners’ Room, Courthouse, Tavares, Florida on Tuesday, April 16, 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.
The Invocation was given by James C. Watkins. The Pledge of Allegiance was led by James R. Carson, Jr.
minutes
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the minutes of the October 16, 1973 meeting were approved as amended.
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the minutes of the March 8, 1974 meeting were approved as amended.
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the minutes of the March 12, 1974 meeting were approved as amended.
On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the minutes of the special meeting of March 18, 1974 were approved as submitted.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the minutes of the March 19, 1974 meeting were approved as amended.
On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the minutes of the special meeting of March 22, 1974 were approved as amended.
mvi
Commr. Windram reported that Mr. Frank Woodson, Chief Inspector for the MVI Stations, has requested the appointment of Patricia Ann Gross as Station Manager to replace Norman Trampish in the Leesburg MVI Station. The Chairman requested that Commr. Windram ask Mr. Woodson to reconsider his request and consider a person more mechanically inclined.
public health
Commr. Burhans reported the possibility of purchasing a clay pit near Astor as a landfill site. The Chairman requested that he continue researching this possibility and report back to the Board when he receives more definite information.
Commr. Deems presented a letter from Leonard S. Wegman Company, Inc. Engineers, with regard to a solid waste management study for Lake County. Commr. Deems expressed a concern in this matter and requested that the Clerk send them the information necessary for them to qualify under the “Consultants Negotiations Act” which would enable them to come and present their program to the Board for possible consideration in the future.
resolution
On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the Board passed a resolution requesting the State to fund the Office of the Medical Examiner as submitted by the County Attorney.
courthouse
Christopher C. Ford, County Attorney, reported to the Board on the meeting between the Architects and the Judges. Discussion was held.
fire districts
Mr. David Caldwell and Mr. Norman G. Lane of the Division of Forestry appeared before the Board to present the report of a fire plan for unincorporated areas of Lake County.
The report is divided into two main sections, first: A Fire Protection Resource Analysis of Unincorporated Areas of Lake County, and second: Recommendations for Development of a County Wide Fire Protection System for the Unincorporated Areas of Lake County. Points of discussion were the Insurance Service Office ratings on department equipment, how a city obtains an Insurance Service Office rate change, if this plan was put into effect would the Division of Forestry still continue to protect the forest and wildlife, what considerations would be given to the Fire Departments of Leesburg, Eustis, Tavares and Mount Dora which already protect high density areas.
Lou Wright of the Mount Plymouth Volunteer Fire Department; David Iannone, Fire Chief of the Pasco Fire Department; Danny Wright, Vice President of the Lake County Firemen’s Association; and Steve Lane of the Tavares Fire Department appeared before the Board to express their views on the Fire Plan. All were in favor of this plan but felt that there were items in the plan that needed clarification and points that were not mentioned that should be incorporated in the County’s program.
Commr. Carson stated that this was just a preliminary study and there would be public meetings to discuss different points. Commr. Carson also indicated that a meeting with the Chiefs of the various fire departments would be held along with several public hearings.
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board accepted the report as presented by the Division of Forestry with gratitude and will take it under consideration.
recess and reassembly
The meeting adjourned for lunch. The Chairman announced that the Commissioners would have lunch at the Mount Dora Motor Lodge and that the public and press were invited on a dutch treat basis.
planning and zoning
Mr. Bill Henderson, Code Enforcement Officer, presented a letter for the Chairman’s signature stating that the area in Umatilla being used by Triangle Metal and Paper Salvage would be cleaned up by the County if the above mentioned company did not perform this service. On a motion by Commr. Burhans, seconded by Commr. Windram and carried, the Board authorized the Chairman to sign the letter submitted by the Code Enforcement Officer subject to the approval of the County Attorney.
Mr. Henderson presented a petition from the Three Lakes Community residents regarding the parking of a propane gas truck in a neighbor’s yard. Commr. Windram asked if Mr. Henderson would contact the gas company and explain the situation to them with the hopes of reaching a solution to the problem.
zoning violation 74-10 – john p. wilkerson
Mr. Henderson stated that the violation still exists. On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the property was declared in violation of Zoning Ordinance 71-6 and thirty days be given to remove all junk cars from the property and that automobile repair operations cease, unless the owner wishes to apply for rezoning. All three persons involved would be notified of this violation.
public hearing 436-4 – CUP for a pud in a – nick jones
No one appeared in objection to the postponement of the case. On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, this case was postponed until May 20, 1974.
public hearing 2-74-5 – rezone a to r-1-7 – leonard kanto
No one appeared in objection to the postponement of this case. On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, this case was postponed until May 21, 1974.
public hearing 442-2 – cup for pud in a – loyal walley
No one appeared in opposition to this CUP. On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the CUP was approved.
public hearing 445-2 – cup for pud in a – zollie maynard
Mr. Richard Jackson of Mount Dora appeared before the Board in opposition to this CUP. He submitted his presentation for the record; it is on file in the Board of County Commissioners Office.
Mr. Dewey Burnsed, Attorney, appeared before the Board representing El Largo (Zollie Maynard) with a request for a change in the CUP. Christopher C. Ford, County Attorney, stated that he was present at the Planning and Zoning meeting when this case was presented. Mr. Ford further stated that the Planning and Zoning Commission in his opinion would not have approved this CUP with the changes as presented by Mr. Burnsed.
Mr. Bill Hennessey, Acting Director of Pollution Control Department, appeared before the Board and expressed his concern about water quality in this area. If this land is developed, the water “recharge or revitalization” would be hampered and algae would begin to form on the lakes.
Mr. Alex J. Macdonell appeared to inform the Board that he has never had any trouble with flooding or with his septic tank functioning properly. Mr. Macdonell lives in the same area where the PUD is planned.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning Commission was overturned and the CUP was denied.
public hearing 26-74-1 – r-1-7 to r-3 – brenda pittman
The Chairman reported that there was one letter on file in favor of the rezoning. No one appeared in opposition to this case. On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and the rezoning was approved.
public hearing 24-74-1 – r-1-7 to r-1-5 – leo peasley
No one appeared in opposition to this rezoning. On a motion by Commr. Hoskinson seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and the rezoning was approved.
public hearing 23-74-1 – r-1-7 to r-1-5 – hazel russell
No one appeared in opposition to this rezoning. On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and the rezoning was approved.
public hearing 31-74-1 – r-1-7 to r-3 – p & z commission
No one appeared in opposition to this rezoning. On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the rezoning was approved.
public hearing 20-74-5 – r-1-7 to r-3 – reah e. chase
No one appeared in opposition to this rezoning. On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and the rezoning was approved.
public hearing 18-74-5 – r-1-7 to r-3 – george woolf
No one appeared in opposition to the postponement of this case. On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, this case was postponed until June 18, 1974.
public hearing 30-74-4 – rr to a – planning and zoning
No one appeared in opposition to this rezoning. On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the rezoning was approved.
public hearing 28-74-1 – rr to a – john grubbs
Mike Willett, Planning Director, reported that the applicant had requested to withdraw his petition. On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the request for withdrawal was approved.
public hearing 19-74-1 – a to rr – g.w. pringle
No one appeared in opposition to this rezoning. On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and the rezoning was approved.
public hearing 27-74-2 – c-1 to c-2 – colonial penn, inc.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, this case was postponed until May 21, 1974.
public hearing 444-2 – cup for pud in c-1 – thomas p. line
No one appeared in opposition to this CUP. On a motion by Commr. Deems, seconded by Commr. Hoskinson the recommendation of the Planning and Zoning Commission was upheld and the CUP was approved.
public hearing 29-74-3 – r-1-7, c-2, c-2 to cp – planning and zoning
No one appeared in opposition to this rezoning. On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the rezoning was approved but that the depth would be limited to 350 feet as recommended by Michael Willett.
public hearing 25-74-2 – a to mp – arthur roberts
No one appeared in opposition to this rezoning. On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried, the recommendation of the Planning and Zoning Commission was upheld and the rezoning was approved.
public hearing 21-74-1 – rr to a – dennis r. williams
No one appeared in opposition to this rezoning. On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the recommendation of the Planning and Zoning Commission was upheld and the rezoning was approved.
public hearing 22-74-1 – rr to a – ross bryant moore
No one appeared in opposition to this rezoning. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and the rezoning was approved.
bonds
On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried, the Firearm Bond for Louis C. Range was approved.
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Firearm Bond for W.H. Bill Rickles was approved.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, Contractor Bond #390 T. Graham Phillips (Electrical) was approved.
On a motion by Commr. Deems, seconded by Commr. Windram and carried, cancellation of Contractor Bond #808 Jerry T. Ashcraft dba Ashcraft Masonry Company was approved.
tax collector
On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the Certificates of Error and Correction on the 1973 Tax Roll number 10360 was approved.
On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Certificate of Error and Correction on the 1973 Tax Roll number 10361 was approved.
public health
Mr. L.W. Conner, residing on Westmont Street in Bassville Park, appeared before the Board regarding a continuous problem of garbage on the property belonging to Mr. C.B. Marshall in the same area. Mr. Conner stated that he had contacted the Department of Planning and Zoning and was told that the problem lay within the jurisdiction of the Health Department.
Commr. Carson told Mr. Conner that he would have someone from the Health Department contact him immediately.
right-of-way – roads
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the resolution and contract from the DOT for right-of-way from Junction SR 33 & 50 in Mascotte to Junction SR 33 & 50 in Groveland was approved.
roads – county
Mr. Larry Morey, Acting County Engineer, presented to the Board a request to pave Learn Road DR #1-5737 and a portion of Haines Creek Road DR #1-5437 on a 1/3 to 2/3 participation basis. On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Public Works Department was authorized to develop cost estimates for the residents in the area and report the findings to the Board.
Mr. Morey presented a request to correct the drainage problem on DR 4-6280 south of DR 4-6580. Mr. Morey stated the necessary easement would be given to the County. On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Public Works Department was authorized to correct the drainage problem after the easement became effective.
Mr. Morey requested that the Chairman sign the Special Use application form for the Paisley Landfill Extension. On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Chairman was authorized to sign the Special Use application.
Mr. Morey reported that the estimated cost for the required improvements to Forest Road 72 would be $5,275. On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Public Works Department was authorized to contact the residents in the area and inform them of the cost for the suggested improvement and determine the residents’ willingness to complete the improvements.
Mr. Morey reported on the status of the Special Use Permit for the clay pit to be used in construction of Forest Road 72. Mr. Morey stated that Mr. Thurston from the Division of Forestry would write a detailed letter concerning the County’s responsibility for the condition of the clay pay after the work on Forest Road 72 was completed. Christopher C. Ford, County Attorney, asked Mr. Morey to request that this letter become a part of the lease agreement.
Mr. Morey requested a 35 mph speed limit on DR 3-2447 Sugarloaf Mountain Road. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried, a resolution was adopted establishing a 35 mph speed limit on DR 3-2447.
Mr. Morey requested approval of the plat of Lakescene Addition stating it meets all the County requirements. On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the plat of Lakescene Addition was approved for recording.
budgets
Commr. Carson, Chairman, requested that a memorandum be sent to all department heads requesting they submit their budget for this fiscal year to the Finance Department no later than May 17, 1974.
state agencies
Commr. Hoskinson reported to the Board on the request for the County to sponsor the Youth Programs, Inc. On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board approved funding for the program in the amount of $4,013 beginning July 1, 1974 for one year only, after which funding must be obtained from another source. The Board feels that since the State has assumed responsibility for the Juvenile Shelter and its program that this program is also the State’s responsibility.
ordinances
On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the Attorney was authorized to draw the Ordinance amending the Lake County Zoning Regulations Ordinance 1971-6 with the following addition to section 40.27 Cluster Housing “the density of the proposed Cluster Housing shall be in conformance with the Zoning District in which the property is located.”
checks received
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the check in the amount $204.84 for unclaimed redemption monies from the Tax Collector was accepted.
accounts allowed
On a motion by Commr. Windram, seconded by Commr. Burhans and carried, the bill from Jack Johnes, Architect and Gutmann, Dragash, and Matz, Architects, Inc. was approved in the amount of $28,283.76 in accordance with their contract signed on February 19, 1974.
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board approved the purchase of an Edisette Recorder for Judge Milton’s Chambers in the amount of $269.00 subject to the approval of Judge Aulls.
There being no further business to bring before the Board, the meeting was adjourned at 5:50 p.m.
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james r. carson, jr., chairman
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James C. Watkins, Clerk