A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

APRIL 20, 1976

The Lake County Board of County Commissioners convened in regular session on Tuesday, April 20, 1976, in the Commissioners’ Room, Courthouse, Tavares, Florida at 9:00 A.M. Present were: C.A. Deems, Vice Chairman, Glenn C. Burhans and James R. Carson, Jr. Absent from the meeting was Thomas J. Windram, who was out of town. The Board was notified that Commr. J.M. Hoskinson had telephoned stating he would be late for the meeting. Others present were: James C. Watkins, Clerk; Christopher Ford, County Attorney and Andrea Gambrell, Deputy Clerk.

The Invocation was given by James C. Watkins, and the Pledge of Allegiance was led by James R. Carson, Jr.

bonds

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the following Contractor Bonds were approved:

770-76 W.C. Halback (Master Plumber)

1417-76 Gene Forhand dba Gene Forehand Plumbing

1094-76 Frank L. Christian (Carpentry)

1418-76 Daniel W. Davenport (Electrical)

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the Bond for Charles Joseph Knowles as a member of the Board of the Oklawaha Water Authority.

reports

The Board accepted the monthly report of the Youth Programs, Inc.

sheriff

Mr. Watkins presented to the Board a letter from Sheriff Guy C. Bliss informing the Board that they had received notification that their insurance carrier was cancelling their fleet insurance as of April 19, 1976, and inquired if the Board would consider insuring the Sheriff’s fleet under the same policy as the County has its fleet insured.

commissioners

At 9:20 A.M. Commr. Hoskinson arrived for the Board of County Commissioners meeting.

sheriff

Mr. Watkins informed the Board that he immediately called Sheriff Bliss when the letter was brought to his attention and informed the Sheriff that the Board would not meet until April 20, 1976 and if the Sheriff felt that a Special Meeting should be called and he stated that the Sheriff indicated that a Special Meeting would not be necessary.

Mr. Watkins stated that he contacted our Insurance Agent about the request. The Clerk stated that Mr. Waite, our Insurance Agent, came to his office and spoke to him about the matter and advised the Board not to place these emergency vehicles on the County’s fleet insurance because more and more companies are hesitant about bidding for coverage on Emergency rescue vehicles; however, he would be happy to obtain quotations from the Hartford Insurance Company as to the cost for a separate policy for the Sheriff’s Department as well as the cost for adding these vehicles to the County’s Insured list. Further discussion was held.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board directed the County Attorney to write to the Sheriff informing him that on such short notice the County is unable to take formal action and that he should make arrangements to provide adequate coverage for his vehicles until a definite determination or recommendation can be made to the Board by its insurance agent.

communications

Mr. Watkins presented to the Board a letter from Lake Region Packing Association inquiring as to the County’s interest in purchasing the small warehouse they own which adjoins the County Health Department. The Board instructed the Clerk to inform the proper authority at Lake Region Packing Association that the County is interested.

outdoor recreational facilities

The Clerk stated that Mr. Smoak, Mayor of Clermont, had telephoned him with the results of the bids which were opened by the City Council for the construction of a boat dock in Clermont under the Boating Improvement Fund Program.

Mr. Watkins informed the Board that the low bid was in the amount of $19,875.00. On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board delegated the authority to the City of Clermont to accept the low bid after the City has reviewed the qualifications of the low bidder; however, if the City decides tat the low bid is not acceptable, the bids received must be presented to the Board for further consideration.

budgets

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the amended budget for the Emergency Medical Services Fund for 1975-1976.

county property appraiser

The Clerk presented to the Board a letter from Mr. Donald Stephens, Lake County Property Appraiser, requesting that the Board inform him regarding the policy it will follow this coming year involving the salaries of its employees. Commr. Deems requested that this be presented to the Board for discussion on May 4, 1976 when a full Board was present.

accounts allowed

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved for Mr. Evan Porter, Special Assistant, to secure a telephone credit card for use in the Personnel Department.

zoning

Commr. Hoskinson stated that it had been brought to his attention that there was a labor camp operating in the Pine Island Area. He stated that the Code Enforcement personnel had reviewed the situation and had requested the County Attorney obtain an injunction to halt its operation because it was operating illegally. On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board directed the County Attorney to pursue this matter and to obtain an injunction if necessary.

At this time, Mr. Watkins stated that he would like to clarify a statement he made last week regarding the Zoning Violation involving Twin Palms Trailer Court. An explanation of his statement was made and the press stated that it would be printed.

animals

Commr. Hoskinson stated that he had been contacted by the Police Chief in Wildwood regarding a campaign he would like to have in Wildwood to pick up the stray animals. It was requested that they be allowed to use our facilities for a temporary period in an effort to raise enthusiasm for Wildwood to build an Animal Shelter of its own. Discussion was held on the capability of our Shelter to handle the possible volume of animals which it might receive as a result of this joint venture. Commr. Hoskinson stated that he did not feel Lake County should bear the expense of this influx of animals from Wildwood and agreed with the Board that it should be done on a fee basis.

The Board authorized Commr. Hoskinson to discuss with the Wildwood Police Chief various alternatives regarding this request and the length of time it expected to use the Shelter.

meetings

Commr. Deems stated that he had received a message from Mr. Glidewell who is the City Manager of Leesburg, requesting that the Board be informed that on Monday, April 19, 1976, the Consultant Engineers of Black, Crow, Eidsness, Inc. will meet with the Leesburg City Commission regarding the 201 facility. They will present the basic 201 facility plan as it concerns Leesburg, Fruitland Park and the County would like the Commissioners to be present. A point of concern to Leesburg is the participation the County will require of certain subdivisions in hooking up to the sewer system. Discussion was held regarding a County Ordinance regarding the hook up to a sewer system if available. Mr. Ford stated that he would attend this meeting with the City Commissioners of Leesburg on April 19, 1976.

laws and legislature

At this time, Mr. Watkins stated that he had received a call from Senator Glisson regarding the introduction of a bill for a Mobile Home Rent Commission. Discussion was held on the fact that the Board did not know what was contained in the bill nor was it informed that a bill was being introduced. Commr. Hoskinson stated that he could call Wilson Wright, Attorney for SACC; and Bill Beck, Commissioner for Osceola County, who were in Tallahassee and attempt to acquire more information about the matter.

resolutions

Commr. Carson presented to the Board a letter from Bobby Joy Morgan, Secretary to the Water Authority, requesting the Board adopt a resolution similar to the resolution adopted by the Water Authority relating to the transfer of Lake County to the St. John’s Basin. Each Commissioner received a copy of this resolution. Discussion was held. This was referred to Commr. Carson and no formal action was taken by the Board.

laws and legislature

Commr. Hoskinson returned to the meeting and stated that he contacted Commr. Bill Beck in Tallahassee and was informed that the Legislature was considering appropriations and that it was very unlikely that a local bill dealing with a Mobile Home Park Rental Commission would be brought up at this time; however, Commr. Beck stated that he would obtain information on this bill from the local delegation and keep Commr. Hoskinson informed.

outdoor recreational facilities

Mr. Ford, County Attorney, brought to the attention of the Board that the City of Clermont wanted to make a change in the plans for its dock to include a ramp for the handicapped. He stated that the bids received were lower than expected and this addition should not boost the cost of the project over the allotted amount. On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously by those present, the Board authorized the revision in the plans for the Clermont Dock which will be financed through the State Funds of the Boating Improvement Program, to include a ramp for the handicapped. If the cost of the project should exceed the amount allocated through this program to the City of Clermont for this project, it will be the City’s responsibility to bear the additional cost, and approved for the necessary documents to be signed.

public health

Mr. Ford, County Attorney, reported to the Board on the meeting of the House Sub-Committee regarding Lake County’s proposed bill involving the District Medical Examiner. He stated that the bill had passed the House Sub-Committee by a vote of 5 to 1. Mr. Ford informed the Board that he was told that it would probably not be necessary to have a representative from Lake County present when the Bill is presented to the House Committee but one should be presented when it goes before the Senate Sub-Committee. Mr. Ford stated that he would keep the Board informed as to the status of the bill.

contracts and agreements

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously by those present, the Board approved the Contract between Lake County and Cody & Associates and authorized the Vice Chairman and Clerk to sign same.

elections

Commr. Deems presented to the Board a letter from Representative John Adams of the 94 District to Commr. Windram regarding a bill which would divest the Board of its responsibility relative to an election and give such responsibilities totally to the Supervisor of Elections. Discussion was held on the advantages and disadvantages to such a bill. Commr. Hoskinson stated that the State Association of County Commissioners took no position on this matter.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, the Board requested the Clerk to write Rep. Adams stating that Lake County can see possible areas of concern in such a change and would like a copy of the proposed legislation.

communications

Commr. Deems presented to the Board a letter of appreciation from Mr. Carl Lind for the resolution adopted by the Board of County Commissioners in his honor.

The Vice Chairman presented to the Board a copy of a letter from the Women’s Club of Leesburg to Mr. Merrell, Mayor of Leesburg, requesting that in the construction of Dixie Avenue plans for a bicycle path be included and that as many trees as possible be replaced on Dixie Avenue.

roads – county

Mr. Ford stated that the DOT had delivered to his office five preliminary appraisals on land in the Astor area which will be involved in the construction of the Astor Bridge. He stated that the basic appraisal is $.05 per square foot for residential land and $.50 per square foot for the commercial property. He informed the Board that these five appraisals were given to Commr. Windram.

ordinance

The Vice Chairman announced that the advertised time had arrived to consider these Ordinances.

The Clerk stated that proof of publication had been received. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously by those present, the Ordinance was placed for its first and only reading by title only:

AN ORDINANCE ESTABLISHING A LOCAL PLANNING AGENCY PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT OF 1975; DECLARING THE INTENT OF THE BOARD OF THE COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, TO EXERCISE THE AUTHORITY SET FORTH IN THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT OF 1975; ESTABLISHING THE METHOD OF CHOOSING MEMBERS OF THE LOCAL PLANNING AGENCY; REQUIRING THE LOCAL PLANNING AGENCY TO SET RULES OF PROCEDURE AND TO CHOOSE ITS OFFICERS; PROVIDING A METHOD OF FINANCIAL SUPPORT FOR THE STAFFING AND WORK OF THE LOCAL PLANNING AGENCY; REQUIRING THAT ALL MEETINGS OF THE AGENCY SHALL BE PUBLIC MEETINGS AND ITS RECORD SHALL BE PUBLIC RECORD; AND SETTING FORTH THE DUTIES AND RESPONSIBLITIES OF THE LOCAL PLANNING AGENCY; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR EFFECTIVE DATE.

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously by those present, the Board adopted the Ordinance by title only.

Discussion was held and on a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously by those present, the Board approved the amendment on Page 3 changing the word “thieves” to “fees.”

Mr. Willett was present and requested the postponement of the following two Ordinances dealing with signs. The Vice Chairman asked if there was anyone in the audience who objected to the postponement and these was no response to his inquiry. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously by those present, these two Ordinances were postponed until June 15, 1976 at 11:00 A.M.

public health

Michael Willett, Director of Planning, appeared before the Board and stated that new legislation had been passed prohibiting the issuance of septic tank permits in the State of Florida after January 1977 in urban subdivisions – subdivided of less than 1 acre lot sizes. He informed the Boar that there was scheduled a meeting regarding this State Law in Jacksonville on May 14, 1976 and requested permission to attend same. On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously by those present, the Board approved travel for a member of the Planning Department to attend a meeting in Jacksonville, May 14, 1976, regarding the new legislation involving the permitting of septic tanks in the State of Florida. The Board requested that Mr. Willett inform Doctor June Murray, Lake County Health Director, of this meeting.

maps and plats

Michael Willett stated that a request had been received from Royal Trails for permission to vacate a portion of the Plat of Royal Trails. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously by those present, the Board approved the request to advertise a petition to vacate a portion of the Plat of Royal Trails and set a public hearing for the Board of County Commissioners to consider same for May 11, 1976 at 1:30 P.M.

roads – county

Mr. Charles Uland appeared before the Board and stated that he lived on a County maintained road and it needs to be graded and discussed what steps needed to be taken in order to get this road paved.

licenses and permits

Mr. Bill Hennessey, Pollution Control Director, appeared before the Board to request permission for James W. and Nancy W. Hodges to apply for a permit to fill an area below the mean-high-waterline of Lake Eustis. On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously by those present, the Board approved the above request.

laws and legislature

Commr. Hoskinson stated that he had received information that Representative Langley was introducing to the House the creation of a seven man commission to regulate rentals in mobile home parks. He further stated that the commission would regulate those parks with 100 or more trailers and that $1.00 per trailer would be charged for the purpose of financing this commission. Commr. Hoskinson suggested that we contact the House Judicial Committee requesting that Lake County be notified when it will consider this bill and request that a copy of the proposed bill be forwarded to Lake County’s Board of County Commissioners.

ordinance

Commr. Burhans presented to the Board a suggested ordinance from the Cattlemen’s Association regarding the discharge of a firearm. This was referred to the County Attorney.

courthouse

Mr. Watkins stated that he had conferred with J. Carl Smith regarding the hanging of the pictures in the fourth floor Courtroom. He stated, however, that an extension of the border on which the pictures hang was needed and he felt the cost would be minimal. On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously by those present, the Board approved the necessary alterations be made in the fourth floor Courtroom and requested that Mr. Smith confer with the Board as to the date these pictures will be hung.

accounts allowed

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously by those present, the Board approved travel for Dorothy Monroe to attend a Diabetic School April 27-30, 1976 in Miami.

recess and reassembly

At 12:00 Noon the Chairman announced that the Board would adjourn for lunch at Perkins Cake and Steak. The public and press were invited on a dutch treat basis.

planning and zoning

Mr. Willett, Director of Planning, appeared before the Board and stated that Mr. Paul Curtis, a property owner in the Green Swamp, had submitted an application for the granting of vested rights. Mr. Willett gave a brief background on the history of the property in question and stated that he would be eligible to apply for vested rights. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, Mr. Curtis was granted vested rights in the Green Swamp.

communications

Commr. Carson stated that a few weeks ago he had informed the Board that an individual was interested in purchasing a piece of County owned property in District 1 on Conant Road; however, after investigation it was discovered that this piece of property was composed of clay. He stated that Mr. Peachy has contacted him again and asked if the Board would be interested in trading land if Mr. Peachy could obtain a piece of property of equal value which contained clay. The Board stated that it would consider such a trade.

public health

Commr. Carson inquired if the Board would be interested in completing an application for federal funds to conduct a study which was mentioned to the Board by Mr. Ken Harrington on April 13, 1976. The Board discussed this and stated that it had no objection to submitting an application; however, no formal approval for such action was made.

communications

A resolution was presented to the Board from Orange County regarding the funding of the 9-1-1 Emergency System. This letter was referred to Commr. Hoskinson.

accounts allowed

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the payment of $3,084.97 to the Clerk of the Circuit Court for the Employer’s Matching Funds.

ordinance

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the advertisement of an Ordinance amending the Zoning Regulations of Lake County to be considered by the Board on May 18, 1976 at 9:30 A.M.

resolutions

Mr. Ford, County Attorney, informed the Board that Mr. Roger Norman, District Right of Way Agent at the Department of Transportation, died suddenly last week of a heart attack and suggested to the Board that it adopt a resolution commending him for his service to the public and for the assistance he has rendered to Lake County throughout the years. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, the Board adopted a resolution in honor of Mr. Roger Norman as suggested by the County Attorney.

planning and zoning

24-76-1 RR to RA William L. Brush

No one appeared before the Board regarding this case. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and the rezoning was changed to RA.

25-76-1 RR to RA Daniel R. Brush

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

27-76-1 C-2 and RR to A Stella Horajski

21-76-1 RR to A Bobby W. Tedder

classification of uses

Mr. Willett stated that approval was needed for a mobile home to be placed in a C-1 zone for a caretaker residence. He stated that this would apply only to the following case. On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and the Board approved a mobile home in C-1 as a caretaker residence.

CUP 517-2 Orange Services, Co.

No one appeared before the Board in opposition to this CUP. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and the CUP was approved; however, the Board removed the one year stipulation placed on the CUP and stated that it would be handled as a conventional CUP.

CUP 516-3 CUP in A Orange Services, Co.

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

28-76-4 C-1 to CP P & Z Commission

No one appeared before the Board regarding this case. On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and the rezoning was changed to CP. The Board also approved the site plan for a tire store to be built at this location.

22-76-4 R-1-7 to A or RR Herman D. Fentress

CUP 513-5 CUP in A Delmar H. Brown

Mr. Brown appeared before the Board and stated that this mobile home would be used only for his mother and no one else. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and the CUP was approved.

CUP 514-5 CUP in A Rev. Quinn A. Cooper

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

CUP 515-5 CUP in A Robert D. Lenholt

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

23-76-5 C-1 to RMRP William A. Sellers

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

30-76-1 R-1-7 to A Steve Goddard

29-76-1 R-1-7 to RR Steve Goddard

26-76-1 Site Plan for Used Auto Repair and Sales N.J. Fisher

Mr. Robert Tuller, adjacent property owner, appeared before the Board regarding this case. He stated that he was concerned that the Zoning Rules and Regulations be observed. Mr. Fisher was present and stated that he had full intention in observing all of Lake County’s regulations and had even agreed to fence in his property on three sides for the benefit of Mr. Tuller as well as himself. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the site plan as presented with the added change of fencing the property in question.

accounts allowed

Commr. Deems presented to the Board a letter from Waterman Memorial Hospital requesting the release of tax monies for the operation of the Northeast Lake County Hospital District. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved the release of the tax monies due the Northeast Lake County Hospital District for its operation.

Mr. Watkins presented to the Board a letter from Judge John Booth requesting that the Board consider paying for the postage used by the Judges with the State reimbursing the County for this expense. Mr. Watkins stated that he had been informed that the cost of the postage probably would not exceed $130 for each Judge at any one time. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously by those present, the above request was approved with the understanding that the County will be reimbursed for this expense by the State.

Commr. Hoskinson stated that the Board approved for Van Porter, himself and a member of the County’s legal staff to attend a Labor Relations Seminar in Milwaukee and was requesting approval to pay the advance registration fee of $70.00 each. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board approved for the advance registration fee to be paid.

ordinance

The County Attorney stated that he had prepared an Emergency Ordinance correcting Ordinance 1976-2.

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously by those present, the Board stated that an emergency existed.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board placed Emergency Ordinance 1976-4 on for its first and only reading by title only which is as follows:

AN EMERGENCY ORDINANCE AMENDING THE SUBDIVISION REGULATIONS OF LAKE COUNTY, FLORIDA, BY CHANGING THE ROADWAY WIDTH OF RESIDENTIAL STREETS; PROVIDING FOR A

SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously by those present, the Board adopted Emergency Ordinance 1976-4 on its first and only reading by title only.

There being no further business to be brought before the Board, the meeting was adjourned at 3:00 p.m.

_____________________________

Thomas j. windram, chairman

________________________

James C. Watkins, Clerk