A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

july 15, 1975

The Lake County Board of County Commissioners convened in regular session on Tuesday, July 15, 1975, at 9:00 a.m., in the Commissioners’ Room, Courthouse, Tavares, Florida. Present were: J. M. Hoskinson, Chairman; Thomas J. Windram; C.A. “Lex” Deems; Glenn C. Burhans; and James R. Carson, Jr. 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, Clerk, and the Pledge of Allegiance was led by James R. Carson, Jr.

Mr. Frank McFerran of Mount Dora appeared before the Board regarding a lease between the City of Mount Dora and the Mount Dora Golf Association involving the City owned land on which the golf course is located and the management of the golf course itself. He stated that he would like the County to request an Attorney General’s opinion on the legality of this lease and the rules set forth by the Golf Association. Discussion was held. Commr. Windram stated that he would like to discuss this matter with the County Attorney and would contact Mr. McFerran informing him of Mr. Ford’s advice.

Appropriations

Mr. Jerry Joiner from the Soil Conservation Service appeared before the Board and stated that the Department of Commerce had given to the State of Florida $99,000 for the purpose of alleviating unemployment through projects in the field of Soil Conservation. The Board directed him to contact Mr. Michael Donoghue, County Engineer, and discuss with him the possibility of utilizing Lake County’s share of these funds through a proposed project in the County.

Soil surveys

Mr. W.R. Hancock, Jr. appeared before the Board and informed them that there was going to be an organizational meeting regarding the RC&D Project in Cocoa Beach on July 17, 1975 and that an invitation was extended to have a Commissioner attending this meeting. The Board explained that it would be impossible for any Commissioners to attending this meeting due to Budget hearings that were scheduled during the week.

Tax collector

T. Keith Hall, Tax Collector, presented to the Board for its approval a summary sheet of Errors, Omissions, Insolvencies and Double Taxation for the 1974 tax year. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the above list as presented by the Tax Collector.

Communications

Mr. Bert Stevens and Mr. Peter Keelin from Mid Florida Lakes Estates appeared before the Board to become acquainted with the Commissioners and to discuss with them various problems some of the residents were experiencing in the mobile home park.

Tax valuation and equalization

Commr. Hoskinson reported to the Board that Mr. Stephens, County Land Appraiser, had asked when the Tax Adjustment Board would be holding its organizational meeting. Mr. Ford, County Attorney, stated that according to the Florida State Statutes Supplement Chapter 194.032, it states, “The Board of Tax Adjustment shall meet on or before the 30^th day following approval of all or any part of the assessment rolls by the Department of Revenue…” He, therefore, advised the Board to send a memo to Mr. Stephens and ask him to inform the Board when the tax roll was approved by the Department of Revenue to enable an organizational meeting to be established.

insurance

Jack Jones appeared before the Board to discuss the matter involving Builder’s Risk Insurance. He stated that he did not recommend for this to be placed in the specifications because it would have raised the cost of the Building and if the County purchased the insurance in its own name it would be able to obtain better coverage.

At this time Mr. Ford informed the Board that he had been contacted by the insurance company stating that due to the fact Styrofoam insulation is going to be used the premium would be $5,098 which would still include the $500 deductible as well as the Architect Errors and Omissions Endorsement.

Mr. Jones stated that there was a problem with Styrofoam insulation being highly flammable but that the problem had been corrected. At this time Mr. Ford stated that if the County used fiberglass the insurance premium would be the original quoted amount but that the cost of the building would exceed the increased amount of the insurance and since the problem the building trade was experiencing with Styrofoam had been corrected he advised the Board to accept the increased insurance premium.

Discussion was held regarding the County’s responsibility for theft of items stored at the building site. Mr. Ford suggested that a change order be written stating that the Contractor and sub-contractors would be responsible for the first $500 per incident of theft on the job site. Mr. Perry Thompson, Contractor, was present and stated that this met with his approval. On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved for a change order to be written stating the above as suggested by the County Attorney, Mr. Christopher C. Ford.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved for the County to purchase Builder’s Risk Insurance at an annual premium of $5,098 with Firemen’s Fund through Lassiter-Ware Insurance Agency.

Roads – county

Mr. Rodney Griffin, General Manager of Silver Sand, Inc., appeared before the Board regarding the possible acceptance of approximately 2.75 miles of Marsh Road into the County maintained system.

Commr. Hoskins briefed the Board on the history of this situation. Discussion was held. Mr. Griffin stated that Silver Sand would be willing to supply clay and possibly some asphalt to repair the shoulders of this road if the County would take it into the system. At this time Commr. Deems stated that it would have been accepted by the County long ago if it had been built to County standards as promised and that he would be willing for the County to maintain it if there could be a written agreement between Lake County and Silver Sand stating that when this portion of the road needs repaving Silver Sand will participate with the County on a 50/50 basis. Mr. Griffin stated that he doubted very much if his company would be conducive to this proposal.

Discussion was held regarding the increased traffic using this road when construction begins on Highway 50. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board would not accept the 2.75 miles of Marsh Road now being maintained by the Silver Sand Company into the County maintained system unless Silver Sand is willing to bring this road up to County standards on a 50/50 participation basis with the County. Its participation may be either financial or in-kind services.

Recess and reassembly

At 12:00 Noon the Chairman announced that the Commissioners would adjourn for lunch at Lee’s Restaurant in Mount Dora. The public and press were invited on a dutch treat basis.

Appropriations

The Clerk reported to the Board on the status of the CETA programs. He briefed the Board on his understanding of the relationship among the Program Agent, Project Director, Fiscal Officer and Employing Agency with regards to CETA. He further informed the Board that he had contacted Mr. Chuck Bates, representative of Manpower Planning in Tallahassee, regarding the responsibility of the Program Agent to positions that were approved by the State before the County became Program Agent. He stated that Mr. Bates said that the Program Agent is responsible to see that the Federal and State guidelines for administration of the program are followed and that he assured him that these previously approved positions did meet the necessary guidelines; however, Mr. Watkins stated that he was waiting for written assurance from Mr. Bates. Discussion was held.

It was moved by Commr. Carson to adopt the memos presented to the Board from the Clerk as County Policy and notify Mr. Glyn Faircloth, Project Director, to research and certify to the Board that all persons participating in the CETA program qualify according to the guidelines. This motion was seconded by Commr. Burhans. Discussion was held. On a motion by Commr. Carson, seconded by Commr. Burhans and carried, this matter was tabled until after the advertised rezoning hearings. Commr. Deems and Commr. Windram voted, “No.”

Detailed memos on the above are filed in the Office of the Board of County Commissioners under CETA.

Planning and zoning – 480-1 CUP in RR Henry A.M. Faber, Jr.

Mr. Willett, Planning Director, gave a brief outline of the history of this request from the Silver Lake Golf and Country Club.

Mr. George Carr, owner of the property adjacent to the property in question, appeared before the Board and requested that the Board take into consideration the problems that could be caused if adjustments were not made to this request. Mr. Willett stated that the Planning Department had requested that the Golf Club establish a buffer zone with shrubs as well as cutting down the number of parking spaces from 400 to 300.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried, the recommendation of the Planning and Zoning Board was upheld and the CUP was approved with the stipulated changes. Commr. Deems and Commr. Carson abstained from the voting and discussion because they were stock holders and members of the Silver Lake Golf and Country Club.

Rezoning 48-75-1 RMRP to A P&Z Commission

Dan Swiderski appeared before the Board on behalf of the new owner. He stated that he sold this property about three months ago while it was zoned RMRP and requested the Board not to change the zoning at this time until the new owner can decide how he wishes to develop this property.

Mr. Larry Abshur, owner, appeared before the Board and stated that he had not really thought about how he wished to develop the land and requested that it remain RMRP at this time.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning Board was overturned and the rezoning was denied.

Rezoning 63-75-2 R-1-7 to LM Virgil Morrison

No one appeared before the Board regarding this case. On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.

Rezoning 53-75-2 C-1 to RMP Amos Henley

No one appeared before the Board regarding this case. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.

Rezoning 54-75-2 C-1 to C-2 Amos Henley

Mr. Amos Henley appeared before the Board and stated that the Planning and Zoning Board had voted to change the zoning to CP and he stated that this met with his approval. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was changed to CP with the uses of a C-1 zoning plus a bank.

488-2 CUP in A Reverend Raymond Leeks

No one appeared before the Board regarding this case. On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the CUP was approved.

490-2 CUP in A James A. Pollet

Rezoning 58-75-5 A to CP David Whilder

Mr. Whilder appeared before the Board regarding this case and stated that he planned to have a country store type of business with a gas station for the people of the area. Discussion was held. On a motion by Commr. Burhans, seconded by Commr. Carson and carried, the recommendation of the Planning and Zoning Board was overturned and the rezoning was approved. Commr. Deems and Commr. Windram voted, “No.”

Rezoning 62-75-1 RM to R-1-7 P&Z Commission

No one appeared before the Board regarding this case. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.

Rezoning 56-75-1 R-1-7 to C-2 A. Doel Rothwell, Agent

Mr. Doel Rothwell appeared before the Board regarding this case and stated that the Planning and Zoning Board had approved the rezoning to a CP; however, he woudlr ather have a C-2 classification. Discussion was held. 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 changed to CP. Commr. Carson and Commr. Burhans voted, “No.”

Rezoning 55-75-1 r-1-7 to c-2 J.F. Sparks

Rezoning 52-75-1 RMRP to RM Donald Sutherland

No one appeared before the Board regarding this case. On a motion by Commr. Windram, seconded by Commr. Carson and carried, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved. Commr. Burhans was absent for the vote.

CUP 233-2 Revocation of CUP Frank Proie

Rezoning 57-75-2 A to R-1-7 Frank Proie

489-2 CUP for a PUD in A Frank Proie

The Board stated that since the above three cases were contingent upon each other, comments regarding these cases would be heard at the same time.

Mr. George Dieder, resident of the Springs, stated that Mr. Lee Howard, Realtor, would speak on behalf of the residents opposed to this proposed development.

Mr. Lee Howard appeared before the Board and stated that according to the Lake County records there have only been two successful condominiums in Lake County. He brought to the attention of the Board the problems that are involved in the condominium concept and what happens to the people who purchase a condominium when the company folds. At this time he reported to the Board the number of deeds that have been recorded involving the various condominiums in Lake County.

Mr. William Mack and Mr. Morris Piper, residents of the area in question, appeared before the Board in opposition to this proposed development.

Mr. Frank Proie appeared before the Board and explained the various stages this development would take. Mr. William Hennessey, Pollution Control Director, stated that according to his plans as drawn, the location of his sewer treatment plant would be unacceptable. Mr. Proie stated that he would be willing to work with the County on any aspect of the development. At this time Mr. Proie presented to the Board a petition with over 90 signatures of individuals who were not opposed to this proposed development in the area. Discussion was held.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the recommendation of the Planning and Zoning Board was overturned and the CUP was denied.

The Board asked Mr. Proie if he still wished to have the land zoned to R-1-7 and the original CUP revoked. Mr. Proie asked if this action could be postponed to enable him to obtain counsel on the matter. The Chairman stated that action on the revocation of the CUP and the request for the R-1-7 rezoning would be postponed until 5:00 p.m.

486-4 CUP in RR Richard Brown

No one appeared before the Board regarding this case. On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the CUP was approved.

Rezoning 64-75-4 RM to CP John H. Hines

No one appeared before the Board regarding this case. On a motion by Commr. Deems, seconded by Commr. Carson and carried, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved. Commr. Hoskinson voted, “No.”

Rezoning 61-75-3 A to C-2 John W. Freeman

No one appeared before the Board opposing the postponement of this case. On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board postponed this case until August 19, 1975 at 2:00 p.m., or as soon thereafter as possible.

Rezoning 59-75-5 A to RR Perry Wiley

No one appeared before the Board regarding this case. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.

Rezoning 51-75-5 RR to A Virginia Pierson

Rezoning 60-75-4 R-1-7 to RR Henry F. Haas

487-4 CUP in A Herbert T. Gann

No one appeared before the Board regarding this case. 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 rezoning was approved.

Ordinances

Mr. Willett stated that there were two ordinances that he would like the Board to approve for advertising and establish a time and date for these ordinances to be heard before the Board. On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved for the two ordinances amending the Zoning Rules and Regulations to be advertised for public hearing before the Board of County Commissioners on August 19, 1975 at 10:00 a.m.

Maps and Plats

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Plat of Rutledge Village was approved for recording subject to the Escrow Agreement being received and approved by the County Engineer.

Planning and zoning

At 5:00 p.m. the Board continued discussion on Case #57-75-2 and the revocation of CUP 233-2. Mr. Proie stated that he would like to have a postponement of this case. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board postponed the above mentioned cases until August 19, 1975 at 2:00 p.m., or as soon thereafter as possible.

Roads – county

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the cost estimate of Curelia Drive in the amount of $3,062 on a 1/3-2/3 cost participation basis and authorized the work be done. The County will not be responsible for the continued maintenance of this road.

appropriations

At this time the Board removed from the table the motion made earlier in the day regarding the CETA Program. At this time Commr. Carson stated that he wished to withdraw his motion and Commr. Burhans withdrew his second.

Commr. Carson stated that he would like to have in writing from someone in authority in Tallahassee a statement that the Board’s understanding of the operation of the program is correct and whether the County is or is not responsible for positions approved and given CETA Funds by the State before the County became the Program Agent. Mr. Ford stated that according to reports the State guidelines and the Federal Guidelines governing this program differ.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, travel was approved for the Clerk and Mr. Glyn Faircloth to make an appointment with the proper authorities in Tallahassee regarding the CETA Program and obtain a written statement confirming that the County’s understanding of the operation of the CETA Program is correct. And, whether or not the County is responsible for the positions approved and given CETA Funds by the State before the County became the Project Agent.

Building department

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the application for certification of Gordon L. Dake as a building contractor under the grandfather clause as defined in Chapter 73-515.

Courthouse

A letter from the Tavares Fire Department was presented to the Board regarding corrections that should be made in the Courthouse for Fire Safety. This was referred to the Clerk for his attention.

Reports

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board accepted the monthly report from Youth Programs, Inc.

Accounts allowed

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the transfers of $15.00 – Dues and Membership, Insurance and Bonds Account $35.00 and Books – Maps – Newspapers $33.80 to Veterans Travel Expense Account in the Veterans Service Officer Budget.

Reports

The Board acknowledged receipt of the monthly revenue report from the Clerk regarding the Traffic Department.

Public health

Mr. Watkins reported to the Board that it had previously requested that the Clerk’s office place an advertisement in the medical journals regarding the availability of the Public Health Director’s position. He stated that it had been placed in a monthly edition but that there was a medical journal which came out weekly and the cost to place this ad would be over $200. Commr. Windram stated that he had been contacted by Jacksonville regarding this matter and that the situation may change in the near future, therefore, he requested the Clerk to refrain from placing an ad in the weekly medical journal at this time.

insurance

Mr. Ford, County Attorney, stated that he had contacted Lassiter-Ware regarding the Builder’s Risk Insurance and that the effective date of the policy will be August 1, 1975.

There being no further business to be brought before the Board, the meeting was adjourned at 5:45 p.m.

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J.M. Hoskinson, chairman

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James C. Watkins, Clerk