A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MARCH 16, 1976

The Lake County Board of County Commissioners convened in regular session on Tuesday, March 16, 1976, at 9:00 a.m., in the Commissioners’ Room, Courthouse, Tavares, Florida. Present were: Thomas J. Windram, Chairman; C.A. Deems; Glenn C. Burhans; J. M. Hoskinson 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 C. A. Deems.

courthouse

Mr. J. Carl Smith, Director of the Lake County Chamber of Commerce, appeared before the Board and stated that since the new Lake County Courthouse had been designated by the Board as Lake County’s Bicentennial project he asked if the Board would like to have a plaque or a framed parchment stating same to be placed in the Courthouse. He stated that this was going to be given by the Committee in Lake County heading up the Bicentennial Celebration. The Board requested that he confer with the Architect and the Courthouse Committee on this matter and have the Architect present to the Board a recommendation.

resolution

At this time Commr. Hoskinson stated that when a Judge or Commissioner passes away a small ceremony is held and their pictures are placed in the Courtroom on the fourth floor. He informed the Board that Herman Dykes, who recently passed away, served as a County Commissioner for two terms.

On a motion by Commr. Hoskinson seconded by Commr. Carson and carried unanimously, the Board adopted a resolution in honor of Herman Dykes and requested the Clerk and Mr. J. Carl Smith make the necessary preparations for the placing of the portraits of Judge Troy Hall and Commissioner Herman Dykes in the Fourth Floor Courtroom.

On a motion by Commr. Carson seconded by Commr. Hoskinson and carried unanimously, the Board adopted a resolution in honor of Murray Lowe who before retirement, served as the custodian of the Lake County Courthouse.

courthouse

Commr. Windram presented to the Board a letter from the Department of Transportation regarding provisions for handicapped persons confined to wheelchairs for the new Lake County Courthouse. The Board requested that this be referred to Michael Donoghue, County Engineer, and to Jack Jones, Architect, and further requested that Mr. Jones respond to this letter with an appropriate answer.

public health

Commr. Windram presented to the Board a letter from the North Central Health Planning Council requesting that he serve on the Board of Directors for this Council. On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board approved for Commr. Windram to serve as a Director on the above mentioned Council and authorized him to complete and return the necessary forms.

outdoor recreational facilities

The Chairman presented to the Board a letter from Dennis E. Holcomb, Fishery Biologist from the Florida Game and Fresh Water Fish Commission, regarding the application to the Department of Environmental Regulations to construct the necessary facilities for the renovation and pump down of Lake Carlton. He stated that in order to complete the application he needed a letter from the Board of County Commissioners agreeing to the aims of the project.

On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board approved the aims of the above mentioned project and directed the Clerk to forward to Mr. Holcomb the requested letter stating same.

roads-state

Commr. Windram presented to the Board another letter from the Department of Transportation regarding the Board’s request to review the appraisals for the Astor Bridge to halt activities on S-452-A and to possibly use a local appraiser for the Dixie Avenue project. It was indicated through the letter that this would delay the letting dates and increase the cost of the roads.

At this time Mr. Ford directed his comments regarding the letting date of the Astor Bridge. He stated that he had spoken to Mr. Roger Norman, District Right-of-Way Administrator, and was informed that the DOT was not in receipt of the necessary grade shots as late as March 15, 1976, which are necessary to have before the letting date.

On a motion by Commr. Burhans seconded by Commr. Carson and carried unanimously, the Board directed the County Attorney to respond to the letter received by the DOT stating that Lake County’s review of the appraisals involving the Astor Bridge would delay the letting only by a few hours because as soon as notification is given to the Board that the appraisals are completed arrangements will be made for an immediate review.

Mr. Ford stated that he was speaking with a representative from the DOT last week and informed him that the Board had agreed to let the DOT conduct the necessary appraisals on Dixie provided that the Board be allowed to review the appraisals before any negotiations with the property owners takes place. He further informed the Board that at the same time the DOT stated that it would agree to allow a local appraiser to make 1/3 of the appraisals on Dixie Avenue and had also agreed to let Edward Waite be that local appraiser. Mr. Ford told the Board that discussion was held and he suggested to Mr. Hooglesworth, District Appraiser, that Mr. Waite be given a portion of the difficult and simple parcels for appraisal in order to obtain a more definite comparison among appraisers.

Mr. Ford suggested that the Board write to the DOT stating that the Board had agreed to staff appraisals subject to the Board’s review of same and at the same time the DOT had agreed for a local appraiser to make 1/3 of the appraisals and, therefore, the Board feels that there is no reason for a delay in this project. Also at the State Association of County Attorneys meeting held this month, Mr. Dobson, Chief Counsel for the Department of Transportation, stated publicly that it was DOT’s policy to try to intermingle both local and staff appraisals and that this policy has not been practiced in Lake County for some time.

On a motion by Commr. Carson seconded by Commr. Hoskinson and carried unanimously, the Board approved for the County Attorney to write the appropriate letter stating what was just discussed and to emphasize that the Board wants to review and approve all appraisals before any contact is made with the various property owners regarding Dixie Avenue.

public health

Discussion was also held at the time regarding the bill involving the District Medical Examiner which Lake County is attempting to have introduced to the Legislature. Mr. Langley stated that he had received word that Lake County’s differences had been resolved and that it was no longer interested in introducing the proposed bill. The County Attorney, speaking on behalf of the Board, informed Mr. Langley that this was not correct. He stated that Lake County was close to settling its problems with the Medical Examiner but still wanted to proceed with the introduction of the bill to the Legislature. Mr. Langley stated that he would proceed in light of this information.

roads-state

The Chairman discussed with the Board the progress he has made in meeting with the property owners with regards to S-452-A. A point of discussion was the time factor in the completion of condemnation proceedings. Mr. Ford stated that if Mr. Waite appraises the parcels in question and the appraisals are processed through the proper channels it would be approximately four to six months before a suit could be filed and an order of taking could be obtained. Mr. Ford stated that the DOT already had prepared and delivered to him a suit on S-452-A; however, it is not yet filed and will not be filed until some definite decision is made in this matter.

Commr. Windram discussed the procedure regarding a foreclosure on a piece of property. The County Attorney stated that more and more the Courts are requiring that the payments be made current instead of requiring that the total cost of the land be paid in full.

Discussion was held on what effect would be produced if the land is sold at a public sale for $1300 an acre. Mr. Ford stated that he did not feel this would have an impact on the matter because it was not a free and willing sale. Commr. Windram discussed with the Board the various approaches he was considering discussing with the property owners regarding the acquisition of the right-of-way for S-452-A. Commr. Windram stated that he would like to continue his negotiations if it met with the approval of the Board. Discussion was held on the consequences that could occur in deciding whether or not to accept the appraisals as submitted by the DOT. It was moved by Commr. Burhans to accept the appraisals as conducted by the DOT involving S-452-A and inform the DOT that the Board wants to approve all future appraisals.

The Board requested Mr. Ford to find out if the road is in jeopardy if action is not taken by the Board until April 6, 1976.

courthouse

At this time the Chairman presented to the Board a request from Mr. J. J. Miller, Investigator for the State Attorney’s Office, for approval to install a Suncom Line. This was referred to Commr. Carson.

roads-state

Mr. Ford returned to the Board meeting and stated that he has just telephoned Mr. Roger Norman, District Right-of-Way Administrator, who assured him that it would make no difference to the letting of the project of S-452-A in any way if the Board informs the DOT by April 6, 1976 either to proceed or eliminate the project in the work program.

The Chairman stated that there was a motion on the floor to accept the appraisals as submitted by the DOT. The Chairman announced that the motion died due to the lack of a second.

Commr. Windram presented to the Board a letter from the Department of Environmental Regulations asking if the Board of County Commissioners have any comments regarding the environment or danger to the environment involving the work on the bridge on SR 448.

Commr. Hoskinson stated that he was unaware the route of the road had been settled and stated that Mr. Donoghue is discussing this with the proper authorities and would let the Board know where the definite location of the road would be constructed; however, he did not see that there would be any environmental objections. Discussion was held on the work that was proposed for this bridge. Commr. Burhans stated that from the tone of the letter he felt that the DOR was referring to the Haines Creek Bridge. Commr. Hoskinson stated that he would give this letter to Mr. Donoghue for his review.

county buildings

Commr. Burhans stated that last week he asked if the Health Department had to adhere to the Building Codes involving the construction of its clinic in the Umatilla County Barn. At this time he informed the Board that the State Health Department would take care of the situation.

civil defense

Commr. Hoskinson presented to the Board a revised resolution requesting the State of Florida petition the U.S. Congress to restore adequate funds to the Defense Civil Preparedness Agency. Commr. Hoskinson stated that he had discussed this with the Civil Defense Director and recommended the Board adopt the resolution. On a motion by Commr. Hoskinson seconded by Commr. Deems and carried unanimously, the Board adopted the resolution as resubmitted by Commr. Hoskinson.

east central Florida regional planning council

Commr. Hoskinson presented to the Board a copy of a letter from Lester Ferguson of the East Central Florida Regional Planning Council to Mrs. Jacks, Staff Director for the State of the Aging and Adult Services Program. Due to a change in districts there is no area agency acting on behalf of Lake County in obtaining funds to continue project #090-11 after July 1, 1976. This was referred to Commr. Carson for his attention.

contracts and agreements

Commr. Hoskinson stated that he had received by certified mail a signed contract from the Department of Health and Rehabilitative Services approving the EMS grant to Lake County in the amount of $26,100. This was given to the Clerk for filing in Emergency Medical Services.

machinery and equipment

At this time Commr. Windram presented to the Board a purchase order from the Game and Fresh Water Fish Commission for the rental of the Fish Tagging Machine at a cost of $2,000 as well as a copy of the complete seine report which was distributed to each Commissioner.

accounts allowed

On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board approved the request from the Building Inspector, Glenn Middleton, to order from H.H. Block and Booth Seminars competency examinations totaling $1,300.

public health

The Chairman presented to the Board a letter from the Lake County Health Department which was sent to the Bureau of Local Health Services offering its opinion on Senator Dixon’s proposed Bill of Health. This was referred to Christopher Ford for his attention.

communications

Commr. Hoskinson informed the Board that there has been established the Central Florida Commission on the Status of Women. He stated that it has been requested for each Board of County Commissioners to create a Commission for the Status of Women within their County and then enter into an Interlocal Agreement with the East Central Florida Regional Council regarding this Commission. Mr. Ford stated that he had received the Interlocal Agreement which has been mentioned and would forward a copy of same to each Commissioner for their review. No action was taken at this time.

roads closings

Commr. Hoskinson stated that there seemed to be a problem regarding the distribution of land which was involved in the closing of a road by the Board of County Commissioners in 1963. Discussion was held.

It was the opinion of the Board that it could not interpret the intent of a completely different Board on an action that took place 13 years ago. Mr. Ford suggested that Commr. Hoskinson inform the citizens who have contacted him about the matter; make an appointment to speak with Mr. Carl Duncan who was the County Attorney at that time, as to the intent of the Board in this matter.

county employees

Mr. Van Porter, Special Assistant, appeared before the Board and introduced Mr. Harry Spooner, CETA Coordinator.

appropriations

At this time Mr. Porter stated that notification had been received that there was available to Lake County an additional $6,800 and would like direction from the Board as to how it would like this money allocated. Discussion was held. Mr. Porter stated that according to the priority list established by the Board, Eustis, Leesburg and Mount Dora were next to receive funding for requested positions; however, the Board could alter the priorities if it so desired. Discussion was held on the positions needed within the County in various departments. Mr. Porter stated that Leesburg has more positions funded through CETA than any other municipality and suggested that if the County needed to fill positions in its own departments it should assign Leesburg’s priority number to the County’s required needs. Commr. Deems stated that a Clerk/Typist was needed in the Purchasing Department and a part time employee in the Animal Shelter. At this time Mr. Porter reminded the Board that these positions would only be funded until June 30, 1976.

On a motion by Commr. Deems seconded by Commr. Hoskinson and carried unanimously, the Board approved for the funds to be allocated according to the priority list but assigned to Lake County the Leesburg priority number for the positions as discussed above within the County Departments. It is to be understood by those persons hired that their job may be terminated on June 30, 1976 when the funds are exhausted.

accounts allowed

On a motion by Commr. Hoskinson seconded by Commr. Carson and carried unanimously, the Board approved travel for Harry Spooner to attend a CETA informational meeting in Tampa on March 29, 1976.

COUNTY EMPLOYEES

Mr. Porter stated that he had received a request from the Mosquito Control to fill the vacant position of Entomological Inspector with an individual by the name of Edward Buchanan at a salary of $6,800. On a motion by Commr. Burhans seconded by Commr. Carson and carried unanimously, the Board approved the above request.

At this time Commr. Hoskinson discussed with the Board and Mr. Porter the fact that new personnel have been hired at the budgeted salary. The Board stated that if it was possible to hire this person on a probation basis at a lesser salary to do so. The Board also instructed Mr. Porter that, in the future, he take the approach of hiring new personnel on a probationary basis at a lesser salary than is budgeted with the option to review the position and salary after the probationary period is over.

Mr. Porter presented to the Board a request from the Pollution Control Department to fill the position of Field Manager vacated by Ronald Brooks by promoting Charles Biedermann, Assistant Field Manager, to this position and then fill the vacancy of assistant Field Manager with a new employee. On a motion by Commr. Hoskinson seconded by Commr. Deems and carried unanimously, the Board approved the promotion of Charles Biedermann to Field Manager at a salary of $8,000 and approved the filling of the vacancy of Assistant Field Manager.

contract and agreements

Mr. Porter stated that he had investigated the possibility of renting a building owned by Mr. Dillard to house the offices of the Purchasing Department, CETA Coordinator and the Personnel Department. He stated that Mr. Dillard would make all the necessary renovations and that the rent would be $250 a month plus utilities. He stated that Mr. Dillard indicated that it would take approximately 45-60 days to make the necessary alterations. Discussion was held on the length of time the building should be leased. Mr. Ford, County Attorney, suggested that the building be leased for one year with a guaranteed one year lease renewal on a month-to-month basis.

The Board stated that it would like all the terms included in a final written lease in order to avoid any misunderstanding as to what is expected. On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board approved moving the Personnel Department, CETA Coordinator and the Purchasing Department to the building owned by Mr. Dillard subject to the County Attorney’s approval of the lease.

accounts allowed

At this time Mr. Porter presented to the Board a bill from George Cody in the amount of $2,000 which is partial payment for his services in accordance with the Contract between Lake County and Cody and Associates. On a motion by Commr. Deems seconded by Commr. Carson and carried unanimously, the Board approved payment of this bill.

county employees

Commr. Deems stated that correspondence has been received by an Engineer in Leon County regarding the position of Lake County Engineer. The Chairman announced that a special meeting would be held on Monday March 22, 1976, at 10:30 A.M. for the purpose of interviewing this prospective applicant for the position of Engineer.

At this time Commr. Carson stated that he had received a phone call from an interested person regarding the position of Road Superintendent. Commr. Deems stated that he would like to confer with the Engineer on this matter.

schools-misc.

Mr. John Whittaker appeared before the Board on behalf of the Eustis Little League, to thank the Commissioners for the assistance the County rendered in the construction of the Eustis Little League ball fields.

recess and reassembly

At 12:00 Noon the Chairman announced that the Board members would adjourn for lunch at the Silver Lake Golf and Country Club. The public and press were invited on a Dutch-treat basis.

roads-county

The County Engineer presented to the Board the final draft of the Five Year Road Program which will be presented to the Department of Transportation on March 17, 1976. On a motion by Commr. Carson seconded by Commr. Hoskinson and carried unanimously, the Board approved Lake County’s Five Year Road Program as presented and adopted a resolution stating same to be presented to the DOT on the above date.

right-of-way – easements

On a motion by Commr. Deems seconded by Commr. Carson and carried unanimously, the Board approved the Clay Electric right-of-way easement for the Astor Transfer Station site.

roads-county

Mr. Donoghue stated that he had investigated the problem which was brought to the attention of the Board regarding a Stop sign located at the Harbor Shores Subdivision. He requested permission to properly locate the Stop sign and erect a Yield sign at the intersection where the Road to Harbor Shores Subdivision meets the County Road. On a motion by Commr. Deems seconded by Commr. Carson and carried unanimously, the above request was approved.

On a motion by Commr. Burhans seconded by Commr. Deems and carried unanimously, the Board approved the placement of a DEAD END SIGN at the intersection of Babb Road (DR 5-7958) and East Marion Road on the County’s right-of-way.

Mr. Donoghue requested permission for the County to participate in the Florida Node System. He stated that the Florida Highway Patrol will supply coded numbers which will be placed on the back of County signs. He stated this coded number system will serve many purposes when programmed into the Florida Department of Highway Safety and Motor Vehicles computer. On a motion by Commr. Deems seconded by Commr. Carson and carried unanimously, the Board approved for Lake County to participate in the Florida Node System subject to the coded numbers being furnished by the Department of Highway Safety and that this system will be operated at no expense to Lake County.

machinery and equipment

Mr. Donoghue presented to the Board quotations on new mowers which are needed for the Road and Bridge Department. Discussion was held. On a motion by Commr. Carson seconded by Commr. Hoskinson and carried unanimously, the Board approved purchase of a Bush Hog Mower from Prescott Tractor Sales at $1,200 and two Sidewinders from Fort Mason Tractor Company at $1,433 and $1,503. The Board also declared property numbers 5372, 5373 and 5374 as surplus and authorized for them to be traded in on the new mowers. The quoted price above already reflects the trade-in value of the surplus property.

courthouse

Commr. Carson stated that he had conferred with Mr. Miller regarding the Suncom telephone line in the State Attorney’s Office. He informed the Board that this is a telephone network made available to State Offices. It will lower the cost of long distance telephone calls for the State Attorney’s Office and the installation of the line will be at no expense to Lake County. On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board approved the installation of the Suncom line as requested.

planning and zoning

CLASSIFICATION OF USES: Community Building in R-1-7 Zone

No one appeared before the Board in opposition to this classification. On a motion by Commr. Deems seconded by Commr. Carson and carried, the Board approved the use of a Community Building in an R-1-7 zone in this one case only. Commr. Burhans abstained from voting because he is a member of the Board of Directors for the proposed Community Building.

509-5 CUP in R-1-7 Otis M. Lee

At this time Commr. Burhans stated that he would have to abstain from the discussion and the vote because he was a member on the Board of Directors for the proposed Community Building.

Mr. Harry Gaylord, Attorney, appeared before the Board on behalf of the adjacent property owners, Mr. and Mrs. Paul Wilson. He stated that according to the plans, this building would be approximately 10 feet from his clients’ property line. At this time Michael Willett read to the Board a letter from Mr. and Mrs. Wilson objecting to the approval of this CUP.

Discussion was held. It was brought to the attention of the Board that this was not going to be a community owned building. Mr. Otis Lee appeared before the Board and explained the purposes for which the building is intended. Mr. Willett stated that the Department recommended approval provided there is a vegetative buffer and a 35 foot setback.

A representative from the Astor Baptist Church appeared before the Board and requested that consideration be given to the use of alcoholic beverages and the hours of operation.

At this time Commr. Burhans stepped down from his capacity as a Commissioner and appeared before the Board as an individual citizen. He stated that he felt there was a need for this type of building in the area and urged that it be approved.

Mrs. Pauline Wilson appeared before the Board and stated that she was near retirement and did not want to have to contend with the activities that could possibly take place at this proposed Community Building.

The Board stated that it has to consider the residents of the area. The Board discussed an alternate location for the Building. It was brought to the attention of the Board that there may be a possibility of purchasing additional land which would enable the building to be placed further from the property line in question. On a motion by Commr. Carson seconded by Commr. Deems and carried, the Board postponed this case until May 18, 1976 at 2:00 P.M.

8-76-1 A to R-1-15 Mr. and Mrs. A. R. Bertoldi

No one appeared before the Board regarding this case. On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Board and the rezoning was changed to R-1-15.

17-76-1 C-2 to M-1 Robert E. Goss

Mr. Goss appeared before the Board regarding this rezoning. He discussed with the Board the location of the property in question. On a motion by Commr. Carson seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning Board was overturned and the rezoning was approved to M-1.

18-76-1 C-2 and R-1-7 to all R-1-7 Janice Stumpf

Mr. Stumpf appeared before the Board in favor of this rezoning. On a motion by Commr. Carson seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved to R-1-7.

9-76-2 RP to RR Daniel T. Hudson

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 to RR.

11-76-2 A to RR J.D. Jones

Mr. Willett stated that a petition had been submitted objecting to this rezoning.

501-1 CUP for a Church in RR David Clement

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

15-76-4 RR to CP Edwin F. Click

Mr. Click appeared before the Board and stated that the area in general was commercial and the property he owns is not attracting people wishing to invest in a residential home.

Mr. Roy Christopher appeared before the Board on behalf of the property owners in the area. He stated that the area around this property is residential and they would like to keep it residential. 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 denied.

13-76-4 C-1 to CP Robert L. Verbaik

Mr. Willett stated that this had been postponed. No one appeared before the Board in opposition to the postponement of this case. On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board postponed this case until April 20, 1976 at 2:00 P.m. or as soon thereafter as possible.

12-76-4 RR and C-1 to R-1-15 Stephen C. Vaughn

Mr. Carter Moore, Attorney, appeared before the Board regarding this case. At this time he informed the Board that the portion of the property zoned C-1 was in the City of Eustis and could not be considered a part of this rezoning.

The Chairman announced that the Board would listen to comments in opposition to the rezoning. The following persons appeared before the Board in opposition to this rezoning and presented written statements expressing the view of themselves and the organizations they represent: Mr. Duncan Keppy, Mr. Clarence Holmes, Mr. Thomas Skuse and Mr. E. R. Jelsma. These statements are on file in the office of the Board of County Commissioners.

Mr. Lawrence Johnson, Attorney, appeared before the Board on behalf of his client Mrs. L. H. Dunnigan. He pointed out several deficiencies in the petition submitted by Mr. Vaughn which should have been completed and were not. He also stated that his client is an adjoining property owner and yet she had not received any notice of this rezoning.

Mr. Ford, County Attorney, presented to the Board two letters on behalf of Tom Champion, resident and Mayor of Mt. Dora. On February 24, 1976 Mr. Champion wrote a letter to the Planning and Zoning Commissioner opposing this rezoning; however, he has presented another letter as of this date withdrawing his objection provided the developer establishes a settling pond and will use any and all means to contain a 10 year flood.

Another point of concern was, in fact that this property was rezoned to R-1-15, approximately 50 homes could be located within this proposed subdivision and that there could be established a common beach on Lake Gertrude. Mr. Carter stated that the developer had presented a statement of intent outlining what use he had planned for the land in question which should have settled the concerns of the citizens present. He stated that the three pieces of property that were abutting the lake would be owned by the persons purchasing lots 1, 2 and 15 and would not be dedicated to the public for use as a beach area.

Mr. Vaughn appeared before the Board and stated that he had every intention to develop the land as stated and would be willing to work out any problems.

Further discussion was held. Mr. Ford, County Attorney, suggested that this case be postponed and that the Board consider the approval of the rezoning when the Plat is ready for recording along with the restrictions on the three lake front lots specifying that they would be used for single family purposes only. On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, this case was postponed until April 6, 1976 at 2:30 P.M. The Board announced that the postponement of this case in no way obligated the Board to accept the plat when presented.

14-76-2 LM to A P & Z Commission

Mrs. Rose White appeared before the Board and stated that she had property included in this rezoning, which she did not want rezoned. Mr. Willett stated that her property had been deleted.

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 to A except for the portion lying East of Lee Road and South of Highway 50.

10-76-2 LM to R-1-7 K. Clay, R. Winn and P & Z Commission

7-76-2 R-1-7 to RM Leon & Henrietta Bryant

Mrs. Bryant appeared before the Board regarding this case. On a motion by Commr. Deems seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Board was overturned and the rezoning was approved to RM.

222-3 Revocation of a CUP Africa Inland Mission

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

508-3 CUP in A Africa Inland Mission

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

511 – 4 CUP in R-1-5 Mrs. Eunice Hutcheson

16-76-4 A to RR Mrs. Lillian Zeoli

At this time the Deputy Clerk presented to the Board a letter from Mr. and Mrs. Spina stating that they were in favor of the rezoning.

512-3 CUP in A Cuyler L. Lanier

19-76-3 A to R-1-15 F. Gould Garcia

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 to R-1-15.

20-76-3 A to C-2 J. M. Vander Meer

No one appeared before the Board 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 Board was upheld and the rezoning was changed to C-2.

ordinance

On a motion by Commr. Hoskinson seconded by Commr. Deems and carried unanimously, the Board postponed establishing a hearing date amending the Zoning Rules and Regulations to April 20, 1976.

meetings

Mr. Willett announced that there would be a meeting at the Agricultural Building on April 2, 1976 at 8:00 P.M. to discuss the Comprehensive Plan for Lake County.

outdoor recreational facilities

Commr. Hoskinson stated that in March 1975 the Board approved for NO TRESPASSING signs to be placed in the Palatlakaha Marsh. He stated that the posting has not yet been completed and he has had numerous calls about air boats still running on this marsh. He informed the Board that there is a large portion of the marsh that is not County owned. The Board requested that the rest of the marsh be posted as soon as possible and also requested Mr. Ford to research what can be done about air boats on the various marshes and lakes.

roads - county

Commr. Hoskinson presented to the Board a problem with cattle truck parking and being repaired on the County Right-of-Way on Grand Highway north of the Grandview Apartment complex in Clermont. On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board adopted a resolution prohibiting parking on the Right-of-Way on the uncurbed portion of Grand Highway adjacent to the Clermont City Limits and requested that the County Engineer post this area as soon as possible.

county engineer

The Chairman presented to the Board the resignation of Mr. Michael Donoghue, County Engineer, effective April 16, 1976.

ordinances

On a motion by Commr. Hoskinson seconded by Commr. Carson and carried unanimously, the Board postponed the establishment of a time and date for a Public Hearing to consider the changes in the Subdivision Rules and Regulations until April 20, 1976 at 2:00 P.M. or as soon thereafter as possible.

bonds

On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board approved the following contractor Bonds:

458-76 Curtis Batson dba Riviera Pools of Florida, Inc.

1407-076 George Sullivan General American Fires and Casualty

1144-76 Harry E. Kreeger dba H&D Mobile Home Service

licenses and permits

On a motion by Commr. Deems seconded by Commr. Carson and carried unanimously, the Board approved the firearm application and the $500 bond for James McCutcheon, Margaret C. Jarvis and George T. Jarvis.

reports

At this time the Board accepted the monthly Youth Program Report and the Traffic-Criminal Report from the Clerk’s Office.

ordinances

On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board established a Public Hearing date of April 20, 1976 at 11:00 to hear two Ordinances amending the Zoning Rules and Regulations in relation to advertising signs and one Ordinance establishing a local planning agency pursuant to the local government Comprehensive Planning Act of 1975.

COUNTY PROPERTY APPRAISER

On a motion by Commr. Deems seconded by Commr. Burhans and carried unanimously, the Board approved the Certificates of Error and Correction #4-16559 through 4-16569.

roads-county

Mr. Ford reported to the Board on the Tracy property in Mount Dora. He stated that Mr. Tracy and his attorney, Del Potter, have made a settlement offer and estimates the cost to the County for this land will be approximately $21,000. Mr. Ford stated that after a quick condemnation suit is filed on this land, title is acquired and the necessary attorneys fees paid to Mr. Del Potter, the matter will be closed. Mr. Ford indicated that the County may have to pay the cost of Mr. Tracy’s appraisal. Mr. Ford stated that the DOT had informed him that these funds could be obtained from the Secondary Road Fund.

On a motion by Commr. Carson seconded by Commr. Hoskinson and carried unanimously, the Board approved for the County Attorney to file the necessary condemnation suit involving the Tracy property on Donnelly Street in Mount Dora if he determines it is in the best interest of the County.

There being no further business to be brought to the Board the meeting adjourned at 6:30 P.M.

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thomas j. windram, chairman

attest:

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James C. Watkins, Clerk