A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

september 17, 1974

The Lake County Board of County Commissioners convened in regular session on Tuesday, September 10, 1974 in the Commissioners’ Room, Courthouse, Tavares, Florida.  Members present were:  James R. Carson, Jr., Chairman, Thomas J. Windram, J. M. Hoskinson, C. A. Deems, and Glenn C. Burhans.  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, and the Pledge of Allegiance was led by Commr. Carson.

minutes

On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried unanimously, the minutes of the meeting of September 3, 1974, were approved as amended.  Amended copy is on file in the Minute Folder of September 1974.

On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried unanimously, the minutes of the meeting of September 12, 1974, were approved as amended.  Amended copy is on file in the Minute Folder of September 1974.

county property

Mr. Glyn Middleton, Building Inspector, appeared before the Board and stated that the Storage Tanks in the Bulk Plant the County is renting contains gasoline and diesel fuel which is ready for County use.  He informed the Board that plumbing work and the purchase of two pumps were needed to get the fuel out of the tanks.  On a motion by Commr. Hoskinson seconded by Commr. Windram and carried, the Board declared that an emergency existed and approved the expenditure of $1,000 for the plumbing and pumps as well as $200 for the pouring of the concrete island at the Bulk Plant in Tavares.  This is subject to the approval of the County Attorney.  Commr. Deems was absent for the vote.

budget

Mr. Glyn Middleton presented to the Board a proposed change in the Budget for the Building Department.  He requested approval for the purchase of a cash register in the amount of $5,000.  This would be able to be programed and keep all the necessary records required and would eliminate having to hire a full time bookkeeper at an annual salary of $5,200.  On a motion by Commr. Hoskinson seconded by Commr. Windram and carried, the Board authorized Mr. Middleton to advertise for the purpose of purchasing an electronic cash register for his department.  Commr. Deems was absent for the vote.

commissioners

At 9:45 A.M. Commr. Carson announced that he and Commr. Deems had to attend a funeral in Leesburg and would return at approximately 11:30 A.M.

bonds

On a motion by Commr. Windram seconded by Commr. Hoskinson and carried, the Board approved the following Contractor bonds:

550                Arthur Henry Lee (painting)

1216              Charles R. Eshbough dba R&J Paint Contractor

 

On a motion by Commr. Hoskinson seconded by Commr. Windram and carried, the Board approved the cancellation of the following Contractor bonds:

225                Neely Dillon dba Dillon Septic Tanks and Concrete Products

311                Wayne P. Reese dba Tropicana Pools, Inc.

602                Ann Dopheide dba Uniry Enterprises

931                David W. Blair (painting)

 

On a motion by Commr. Windram seconded by Commr. Hoskinson and carried, the following Deputy Sheriff Bonds were approved:

Gloria Courtoy

George T. Gordon

Fred H. Mitchell, Jr.

 

audits

On a motion by Commr. Hoskinson seconded by Commr. Windram and carried, the Board accepted the State Audit of the Southwest Water Management District.

meetings

The Clerk presented to the Board a letter from the City of Eustis requesting to meet with a representative of the Board to discuss the degree of benefits to residents from County revenues.  The Board established a meeting with the City of Eustis for October 8, 1974, at 4:00 P.M. to discuss this matter and requested the Clerk to notify the other municipalities to allow them to make arrangements to be present at this meeting if interested.

planning and zoning

Michael Willett, Planning Director, presented to the Board a revised copy of the Lake County Green Swamp Development Code.  Points of discussion were the restrictions on the use of land zoned Agriculture, water usage, drainage, use of chemicals on the land.  Another point of discussion was who would be held liable in the case of a property owner not being able to use his land the way he wished and decides to file suit.  Mr. Ford, County Attorney, stated that it would be beneficial for one or more of the Board members to appear before the Cabinet and receive answers to these questions or to have a representative appear before the Board at one of its regular meetings.

communications

Mr. Watkins, Clerk, presented to the Board a letter of appreciation from Judge Sturgis for the cooperation he received while serving as a Judge in Lake County.  On a motion by Commr. Hoskinson seconded by Commr. Windram and carried, the Board requested that a letter be sent to Judge Sturgis commending him on his service to Lake County.

ordinances

On a motion by Commr. Windram seconded by Commr. Hoskinson and carried, Ordinance 1974-6 was postponed until October 1, 1974, at 11:00 A.M.

On a motion by Commr. Hoskinson seconded by Commr. Windram and carried, Ordinance 1974-3 regarding Mobile Homes was placed for its third and final reading by title only.

On a motion by Commr. Hoskinson seconded by Commr. Windram Ordinance 1974-3 was passed and adopted on its third and final ready by title only.  The Board tabled voting on this ordinance until 1:45 P.M. when the absent members would be present.  At 1:45 P.M. the motion was carried to adopt Ordinance 1974-3 by title only as follows:

AN ORDINANCE AMENDING THE ZONING REGULATIONS OF LAKE COUNTY, ORDINANCE 1971-6 AS AMENDED BY REPEALING EXISTING SECTION 66, MOBILE HOMES SUBDIVISION/RENTAL PARK DISTRICT IN ITS ENTIRETY AND BY ENACTING A NEW SECTION 66, MOBILE HOME RENTAL PARK RESIDENTIAL DISTRICT, FOR THE EXCLUSIVE PURPOSE OF MOBILE HOME RENTAL PARKS AND ENACTING A NEW SECTION 665 TO BE KNOWN AS THE MOBILE HOME RESIDENTIAL DISTRICT FOR THE EXCLUSIVE PURPOSE OF MOBILE HOME SUBDIVISIONS.

 

Commr. Burhans abstained from voting due to a conflict of interest.  The necessary forms have been completed and sent to Tallahassee as required.

commissioners

At 11:15 A.M. Commr. Carson and Commr. Deems returned to the Board meeting.

public health

Mr. Lee Miller and Mr. Michael Schneider of the State Department of Pollution Control appeared before the Board with information in applying for Federal Funding for sewage plants under Amendment 201 of the Federal Water Pollution Control Act.  This Act is a means by which entities may receive 75% Federal Funding for the construction or enlargement of waste water plants.  The five steps necessary to receive these funds are:  1. Boundary Selection, 2. Boundary Meetings, 3. EPA Approval, 4. Data Research, 5. Plan of Study.

Points of discussion were the value of the Master Sewerage Plan requested by the State Department of Pollution Control about 2-1/2 years ago, the status of the City of Eustis under this new requirement due to the fact that they are receiving Federal Funding under the old law, the outcome of the application if a city did not want to be included in the Plan of Study.  Mr. Miller and Mrs. Schneider stated that they would be willing to furnish the County with any information they may need.  There was representation from the cities of Eustis, Mount Dora and Tavares.

roads-subdivision

Mr. Dewey Burnsed, Attorney, appeared before the Board regarding a drainage problem in North Harbor Acres which is owned by his client Mr. C. E. Middlebrooks.  Christopher Ford, County Attorney, stated that he and Mr. Burnsed had worked out an agreement which he felt was fair for both parties involved.  Mr. Ford stated that Mr. Middlebrooks has agreed to release the County and all its employees, agents and servants from damages due to the drainage problem.  Mr. Middlebrooks has granted the necessary easements had been obtained and the responsibility of each party had been clearly stated.  On a motion by Commr. Deems seconded by Commr. Hoskinson and carried, the Board directed the Chairman to sign the agreement as presented by the County Attorney and authorized the work to begin.  Commr. Burhans voted “no.”

maps and plats

The Board took no action on the approval of the Plat of North Harbor Acres until the Agreement was signed by the necessary parties and returned to the Board of County Commissioners.

recess and reassembly

At 12:45 P.M. the Commissioners adjourned for lunch.  The Chairman announced that the Public and Press were invited to join the Commissioners for lunch at the Chateau Restaurant on a Dutch-treat basis.  The Board will reconvene at 1:30 P.M.

roads-maintenance

On a motion by Commr. Hoskinson seconded by Commr. Deems and carried unanimously, the Board approved the roads in Orange Blossom Gardens, Unit 2, be accepted into the County maintained system and that the maintenance bond be accepted.

Mr. Donoghue, County Engineer, requested that the Board accept the first mile of Mitchel Way in Sorrento Shores into the County maintained system.  Discussion was held as to the discrepancy of where the 66 foot right of way on Mr. Lester Kalmanson’s deed was located; this 66 foot right of way was to act as an access to this subdivision.  Mr. Kalmanson, owner of Sorrento Shores, was present at the meeting and stated that there was an old established road named Ebersol Road which would allow anyone access to the Subdivision until dispute over the 66 foot right of way could be settled.

Mr. Ford, County Attorney, stated that apparently the only way this situation could be remedied would be through court action and Mr. Kalmanson agreed to pursue the matter along these lines.

On a motion by Commr. Deems seconded by Commr. Hoskinson and carried unanimously, the first mile of Mitchel Way in Sorrento Shoes was accepted into the County Maintained System.

On a motion by Commr. Deems seconded by Commr. Hoskinson and carried unanimously, the Board authorized the County Engineer to install the piping in the ditch on Lakeshore Drive in Yalaha, located on a public right of way upon receipt of $500 from Mrs. Hughes.

courthouse

The Clerk presented to the Board a revised payment schedule from the Architects.  The Board stated that it would be unable to honor a new payment schedule until an addendum to the contract was approved and signed.

zoning

dri hearing of villeron xiii

Mr. Michael Willett appeared before the Board and reviewed the status of this case.  On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried, the Board acknowledged receipt of the East Central Florida Regional Planning Council’s DRI report regarding Villeron XIII and requested that all appropriate agents be notified of the acknowledgement and inform them that no development order will be made.

REZONING    66-74-1           R-1-7 to R-3   John Mann

No one appeared with regards to this rezoning.  On a motion by Commr. Deems seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.

CUP 456-2                  CUP for PUD in R-3, A, and C-2       C. B. Ogden

No one appeared in opposition to this CUP.  On a motion by Commr. Windram seconded by Commr. Hoskinson and carried unanimously the recommendation of the Planning and Zoning Board was upheld and the CUP was approved.

REZONING 85-74-1              R-1-7 to R-1-5                        Joseph Sylvia

No one appeared before the Board in opposition to this rezoning.  On a motion by Commr. Hoskinson seconded by Commr. Deems and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.

REZONING 88-74-2              A to C-2                      Roger Conner

No one appeared before the Board in opposition to this rezoning.  On a motion by Commr. Deems seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was changed from A to CP with a setback of 75 feet being maintained at the intersection of SR 48 and DR 3127 and a natural buffer of trees be left on the boundary.

REZONING 83-74-5              R-3 to A                      P&Z Commission

No one appeared before the Board with regards to this rezoning.  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 rezoning was approved.

CUP 455-3      CUP for Migrant Housing in A          Clermont Groves

No one appeared before the Board with regards to this CUP.  On a motion by Commr. Windram seconded by Commr. Burhans and carried unanimously the recommendation of the Planning and Zoning Board was upheld and the CUP was approved.

REZONING 86-74-4              A to RR                       Cecil Bodiford

Mr. Willett informed the Board that the petition had been withdrawn.  On a motion by Commr. Windram seconded by Commr. Deems and carried unanimously the Board approved the withdrawal of the rezoning petition.

CUP 454-5                  Henry Saul

No one appeared in opposition to this rezoning.  On a motion by Commr. Burhans seconded by Commr. Windram and carried unanimously the recommendation of the Planning and Zoning Board was upheld and the CUP was approved.

REZONING 81-74-3              RR to R-1-7                P&Z Commission

No one appeared before the Board in opposition to this rezoning.  On a motion by Commr. Hoskinson seconded by Commr. Deems and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.

REZONING 80-74-3              RR to R-1-7                P&Z Commission

No one appeared before the Board in opposition to this rezoning.  On a motion by Commr. Hoskinson seconded by Comr. Deems and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.

REZONING 87-74-2              RR to A                       P&Z Commission

Mrs. Pond, a resident of the area, appeared before the Board regarding this rezoning and stated that if this was approved cows would be able to graze close to her property and she was concerned about this because she has small children.  On a motion by Commr. Windram seconded by Commr. Burhans and carried unanimously, the Board referred this case back to the Planning and Zoning Board for further consideration and recommendation.

REZONING 84-74-2              R-1-7   to R-1-5          Charlie Little

No one appeared before the Board 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 Board was upheld and the rezoning was approved.

REZONING 82-74-2              R-3 to A                      P&Z Commission

No one appeared before the Board in opposition to this rezoning.  Mr. Willett informed the Board that there is a new owner to the property and he had not been notified of the rezoning petition.  On a motion by Commr. Deems seconded by Commr. Hoskinson and carried unanimously, this case was referred back to the Planning and Zoning Board.

ROADS-COUNTY

Mr. Ford, County Attorney, brought to the attention of the Board that an agreement had been attained with regard to the drainage problem in Mount Plymouth.  Mr. Ford presented a Grant of Easement which he stated should be satisfactory for both the County and Oak Hill Country Club, Inc.  On a motion by Commr. Windram seconded by Commr. Deems and carried unanimously, the Board directed the Chairman and Clerk to sign the Grant of Easement as submitted by the County Attorney, and authorized the work to begin subject to the Grant of Easement being signed by the Oak Hill Country Club officer.  There were several residents of the area present at the meeting when this matter was discussed.

bids

On a motion by Commr. Hoskinson seconded by Commr. Windram and carried unanimously, the Board approved the acceptance of the following bids upon the recommendation of the County Engineer, being the lowest and best of those received.

OIL AND GREASE

Amoco Oil Company                                                                                                             Bid Accepted

ASPHALTIC CONCRETE

MacAsphalt Corp.                                                                                                                  Bid Accepted

 

SIGN MATERIALS

Vulcan Signs and Stampings, Inc.                                                                                         Aluminum Blanks

3-M                                                                                                                                         Facings, Sheeting

                                                                                                                                                Letters & Numbers

                                                                                                                                                Corners & Borders

McCAIN Sales of Florida, Inc.                                                                                              posts, caps, flat sign

                                                                                                                                                mounting brackets, hex

                                                                                                                                                head, cap screws, hex

                                                                                                                                                nuts & double slotted

                                                                                                                                                crosses.

 

CRUSHED STONE, SLAG AND LIMEROCK

 

Florida Crushed Stone Company                                                                                           Crushed Limerock

Holmes Company, Inc.                                                                                                           Crushed Slag

                                                                                                                                                #18, #15, #11

Gulf Coast Aggregates, Inc.                                                                                                   Crushed Stone #18

Brooksville Rock                                                                                                                    Crushed Stone #15

                                                                                                                                                And #11

 

CONCRETE PIPE

 

Ewell Concrete Pipe Company                                                                                              Bid Accepted

 

On a motion by Commr. Windram seconded by Commr. Hoskinson and carried unanimously, the Board rejected all bids received with regard to the Two Way Radio Maintenance and authorized the Engineer to readvertise the bidding notice.  The reason for the rejections was due to the fact that there were only two bids, both from Orlando, and that it was the Board’s opinion that it would be too far and time consuming to drive to Orlando to have a radio repaired.

road closing

On a motion by Commr. Hoskinson seconded by Commr. Windram and carried unanimously, the Board approved the request to advertise for the vacation of a portion of Hillcrest Street in the Shady Dells Subdivision.

resolutions

On a motion by Commr. Deems seconded by Commr. Burhans and carried unanimously, the Board adopted a Resolution establishing a 15 mph speed limit on DR 2-4705 and 2-4806 during the school hours of 8:30 A.M. – 9:15 A.M. and 3:15 P.M.  – 3:45 P.M.

state agencies

Mr. Watkins briefed the Board on the meeting held with representatives from the LCAA organization on Monday, September 16, 1974.  Discussion was then held.  The Board requested that a representative knowledgeable of each of the programs now in operation by the LCAA meet with Mr. Aubrey Hayes, Welfare Director, to discuss with him in detail each program.  Mr. Hayes will be requested to report to the Board as to the programs that are worthwhile to continue and beneficial to the citizens of the County.

county employees

Commr. Deems read to the Board of County Commissioners a letter from Michael Willett, Planning Director, withdrawing his resignation which he had submitted a few weeks ago.

sheriff

The County Attorney informed the Board that a copy of the Sheriff’s appeal had been received by both himself and the Clerk.  Mr. Ford stated that there should be some representation from the Board at this hearing and advised that travel be approved for any Commissioner to attend this hearing.  On a motion by Commr. Hoskinson seconded by Commr. Deems and carried unanimously, the Board approved travel for the County Attorney and any legal counsel needed, any or all Commissioners, and the Clerk to travel to Tallahassee with regards to the Budget Appeal of the Lake County Sheriff.

budget

Mrs. Doris Babb, Deputy in Chief of the Finance Department, appeared before the Board with regard a meeting for approval of the tentative Budget for the 1974-1975 Fiscal Year.  On a motion by Commr. Deems seconded by Commr. Burhans and carried unanimously, a special meeting was established for approval of the tentative 1974-1975 Budget on September 30, 1974, at 9:30 A.M. followed by a special meeting with the Architects at 10:30 A.M.

The tentative Budget was then discussed.  On a motion by Commr. Windram seconded by Commr. Deems and carried unanimously, the budgeted expenditure in the Capital Outlay Reserve in Road and Bridge Building Fund was transferred to the Road and Bridge Fund in the amount of $249,250.

On a motion by Commr. Windram seconded by Commr. Deems and carried, the Board approved the deletion of the Ad Valorem Capital Outlay for County Building in the amount of $683,932.94, Commr. Carson voted “no.”

county buildings

Mr. William Hennessey, Pollution Control Officer, appeared before the Board and stated that the Board had approved purchase of carpet for the Pollution Control Office.  However, the carpet could not be delivered and laid at the quoted price.  He, therefore, presented to the Board another list of quotations for carpeting.  On a motion by Commr. Hoskinson seconded by Commr. Deems and carried unanimously, the Board approved the purchase of carpet for the Pollution Control Office from Carpet Shed in Fruitland Park at a total cost of $525.00, this price includes installation.

Mr. Hennessey reported that the ceiling in the Pollution Control Office was in poor condition.  On a motion by Commr. Deems seconded by Commr. Burhans and carried unanimously, the Board declared an emergency and authorized the repair of the ceiling in the Pollution Control offices in an amount not to exceed $1,200.00.

accounts allowed

On a motion by Commr. Deems seconded by Commr. Hoskinson and carried unanimously, the Board approved purchase of an appropriate camera for the Planning Department at a cost not to exceed $150.00.

On a motion by Commr. Hoskinson seconded by Commr. Windram and carried unanimously, the Board approved the payment of $1,500 to H.H. Block to administer the Block Examinations.  Fees from the examination will be deposited in the County’s account on September 28, 1974.

On a motion by Commr. Hoskinson seconded by Commr. Windram and carried unanimously, the Board approved travel for the clerk and County Attorney to attend the Cabinet meeting in Tallahassee regarding the Three Rivers Project.

On a motion by Commr. Windram seconded by Commr. Deems and carried unanimously, travel was approved for the clerk, County Attorney and the Board of County Commissioners to attend a meeting in Tallahassee on October 18 & 19, 1974, with regards to the PERC Rules and Regulations.

There being no further business to be brought before the Board, the meeting was adjourned at 6:50 p.m.

 

 

____________________________

                                                                                                                                                                                                chairman

 

ATTEST:

 

___________________________

Clerk