A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS

MONDAY – APRIL 6, 1970

A regular meeting of the Board of County Commissioners of Lake County, Florida was held in the County Commissioners’ Room in the Courthouse, Tavares, Florida, on Monday, April 6, 1970, at 9:00 o’clock A.M. with the following members present: James R. Carson, Jr., Chairman; Alex J. Macdonell, J. M. Hoskinson, Thomas J. Windram, and Kenneth VanAuken. Others present were: County Attorney C. E. Duncan, County Engineer Gordon Hays, Jr., Clerk of the Circuit Court Frank E. Owens and Deputy Clerk Norma H. Coven.

The Chairman called the meeting to order and the invocation was delivered by Mr. Hays and the Pledge of Allegiance to the Flag was given.

minutes

On motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, the minutes of the special meeting of February 27^th and regular meeting of March 2^nd were approved as submitted.

On motion of Commr. Hoskinson seconded by Commr. Macdonell and carried, the minutes of the regular meeting of March 9^th and special meeting of March 10^th were approved as submitted.

On motion of Commr. VanAuken seconded by Commr. Hoskinson and carried, the minutes of the regular meeting of March 16^th were approved as submitted.

appointments

On motion of Commr. VanAuken seconded by Commr. Hoskinson and carried, Glenn C. Burhans of Umatilla was appointed to serve as a member of the Planning and Zoning Commission.

SUITS AFFECTING COUNTY

On request Attorney Duncan reported the County Planner does not feel that Diamond Salvage Company is in contempt of the Court Order for the reason that the plants are in and growing. On motion of Commr. Windram seconded by Commr. Hoskinson and carried, the Attorney was instructed to amend the order specifying proper screening with a time limit specified.

On motion of Commr. Macdonell seconded by Commr. Windram and carried, check in the amount of $3,000.00 was accepted as final settlement in Law Case #6406, Lake County vs. J. H. Hooten, et al; and the Chairman and Clerk were authorized to execute Satisfaction of Judgment.

planning and zoning

Commr. Windram requested results of the conference with the developers of Paradise Hills. Attorney Duncan reported the Florida Land Sales Board was to contact the developers to find out if they are willing to comply with the subdivision rules and regulations, but have not heard from them. He was instructed to following up on this.

Commr. Hoskinson discussed a proposed amendment to the Zoning Regulations requiring a 25’ setback for any permanent plantings, fences or other obstructions on all roads except state and federal. Mr. Hoskinson is to pursue this further with the County Attorney, Planning Director and the County Engineer.

laws and legislation

Commr. Windram requested the Attorney’s opinion of the proposed Bill relating to the treatment and confinement of the mentally ill. Attorney Duncan said the Bill calls for the counties to bear all the expense and Section 5 provides that the law will be mandatory. The Board members concurring, Chairman Carson stated he will notify Representative Glisson that Lake County cannot support the Bill unless State funds are made available for the construction of mental health facilities.

Attorney Duncan presented a letter from Attorney Frank Watson concerning bonding race track funds and recommending that the rate of interest be increased from 7% to 7-1/2%. On motion of Commr. Macdonell seconded by Commr. VanAuken and carried, the Attorney was instructed to amend the proposed Bill to allow for the increase.

Department of transportation

Chairman Carson advised the Department will hold a public hearing relative to the proposed improvements on SR 25 from Sunshine Avenue to Dixie Avenue in the City Commission Room in Leesburg on May 1, 1970 at 2 o’clock P.M.

road maintenance – subdivision

On motion of Commr. VanAuken seconded by Commr. Hoskinson and carried, the Board approved the repair and construction of County Road #5-5942, Harbor Shores Road, immediately following the completion of the present road project.

Robert J. Dodson from Yale Retreat Mobile Home Village and C. B. Marshall appeared relative to improvement to the roads in the Mobile Home Village. On motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, the Board accepted for maintenance the Old Chisholm Trail and Lonesome Pine Trail, subject to 50’ right of way between the present bridge and the beginning of Old Chisholm Trail.

licenses and permits

Bill Roberts of the T M Communications Company appeared relative to permit to operate and maintain a cablevision system in the southern portion of Lake County. License Agreement was approved on motion of Commr. Hoskinson seconded by Commr. Windram and carried, and the Chairman and Clerk were authorized to execute same.

maps and plats

John Kruesi appeared and presented Plat of Fishook Groves, which is a replat of Umatilla Park Subdivision. The purpose of the replat is to return the old plat to acreage and close a portion of the existing County road. Mr. Kruesi proposed to relocate and construct the road at his own expense before the plat is accepted by the Board. A. B. Marshall was present and objected to the closing of the road. Attorney Duncan recommended that the plat be accepted based upon an agreement from Mr. Kruesi that the road will be built and bond guaranteeing same. Section 177.14 calls for the acceptance of a replat and superimposes the original plat. Mr. Kruesi presented Title and Trust Co. of Florida Policy #FE 152521 showing the title to lots #1 through #43, inclusive, to be vested in John and Marion G. Kruesi. Also, proposal from Lecon, Inc. for the construction of the road. Commr. VanAuken moved that the Plat of Fishook Groves be accepted contingent upon agreement from Mr. Kruesi that the road will be constructed at no expense to the County, together with performance bond. The motion was seconded by Commr. Windram and unanimously carried.

ordinances

Sheriff McCall was present and asked the Board to consider an Ordinance to keep rock festivals and hippies out of the County. Chairman Carson said this subject is already under consideration by the Board and the Attorney has been instructed to obtain a copy of the Orange County Ordinance.

e. central florida regional planning COUNCIL

On recommendation of Commr. Hoskinson, the County Attorney was instructed to furnish a list of the County’s local bills to the Council and the Engineer is to make available the County’s five-year road projects.

Commr. Hoskinson said the Council is interested in the zoning policies of the counties in the Disney World impact area and have asked the Planning Director to work with the Council on this.

autos and trucks

The Attorney was instructed to pursue settlement on truck involved in an accident on December 12, 1969.

outdoor recreational facilities

Attorney Duncan reported he has studied the Act with reference to establishing a bulkhead line in Lake Eustis at the Wayside Park and the law specifies the County must determine the bulkhead line subject to the approval of the Trustees of the Internal Improvement Fund. After much discussion, the Attorney was instructed to request the Department of Transportation to complete the retaining wall around the Park in order to protect it against further erosion. Mr. Duncan recommended that Representative Glisson be apprised of these circumstances so that he may discuss this with the Trustees.

recess and reassembly

The meeting recessed for lunch at twelve o’clock noon and reconvened at 1:50 o’clock P.M. to take up the remaining items of business.

maps and plats

Engineer Hays presented Plat of Birr Park Subdivision for preliminary approval, in accordance with the Subdivision Regulations. Mr. Hays announced certain conditions are acceptable. Letter from the Lake County Health Department advising that percolation and soil analysis tests are satisfactory and that the owner shall install a central water supply system. On motion of Commr. Hoskinson seconded by Commr. Windram and carried, the Plat of Birr Park was granted preliminary approval.

E. T. Hall was present and submitted Plat of Western Shores, Second addition, together with Title and Trust Company of Florida Policy #FE 119523 and letter dated April 6, 1970 showing no change in the ownership. Letter from the County Engineer was filed recommending that septic tank type sewage disposal be permitted. The Attorney advised the title is in order and the streets are 50 feet in width, but the Plat has not been signed by the Planning and Zoning Director. On motion of Commr. Macdonell, seconded by Commr. Hoskinson and carried, the preliminary hearing was waived and the owner exempt from fees called for in the Subdivision Regulations and the Plat was approved for record.

The Plats of Sorrento Ranchos and Sorrento Acres were presented for preliminary approval. Letters from the Lake County Health Department were filed advising that percolation and soil analysis tests have been made and are satisfactory. On recommendation of the County Engineer and on motion of Commr. Macdonell seconded by Commr. Hoskinson and carried, the Plats were granted preliminary approval.

planning and zoning

Rezoning Case No. 7-70-2 having been deferred from March 2, 1970, the Chairman called for interested persons to be heard at this time:

The following persons appeared in support of the rezoning:

Ranston Davis, Attorney, representing the applicants,

Gerald E. Carrico and Clyde Rogers, who were also present.

The following persons appeared and objected to the rezoning:

Morton Aulls, Attorney

Glenn Thompson

W. T. Reams

Richard E. Sutherland

Claude Bowers

Charles William Rector

On motion of Commr. Hoskinson seconded by Commr. Windram and carried, the Board denied the request.

Conditional Use Permit No 175-3 having been deferred from March 2, 1970, the Chairman called for interested persons to be heard at this time:

The following persons appeared and objected to the rezoning:

Rick Catalano, Attorney, representing Mr. and Mrs. James Romano

Affidavit signed by Larry Holmes and Dorothy Holmes objecting to the Permit was filed.

The following persons appeared in support of the Permit:

Vincent C. Schieber Applicant

Gordon Schieber

On motion of Commr. Windram seconded by Commr. VanAuken and carried, the Board approved the recommendation of the Planning and Zoning Commission and granted the Permit. Commr. Macdonell voted against the motion.

Rezoning Case No. 17-70-4 was presented for consideration and the Chairman called for interested parties to be heard:

The following parties appeared in objection to the request:

Oscar Schubert, Attorney presented petition signed by fifteen persons.

Harry C. Smith, applicant, appeared in support of the request.

On motion of Commr. Macdonell seconded by Commr. Windram and carried, the Board upheld the action of the Planning and Zoning Commission and denied the request.

Conditional Use Permit No. 180-5 was presented for consideration and the Chairman called for interested persons to be heard at this time:

The following persons appeared in objection to the request:

Mrs. Stanley Skinner presented petition signed by 201 persons.

Robert A. Stebbins, Attorney, representing Mrs. Earl Myers

Phil Edwards

Dennis Holcomb, Biologist, Game & Fresh Water Fish Commission

James A. Livingston, representing Lake Improvement Association and the Alexander Springs Assn.

Stanley Skinner

The following persons appeared in support of the request:

Ranston Davis, Attorney, representing the applicant.

R. M. Marshall, representing the applicant.

Commr. VanAuken moved that the Board reverse the recommendation of the Planning and Zoning Commission and deny the request. The motion was seconded by Commr. Hoskinson, whereupon, the Chairman called for a roll call vote with members of the Board voting as follows:

Commissioner Macdonell No

Commissioner Hoskinson Yes

Commissioner Windram No

Commissioner VanAuken Yes

Chairman Carson No

The Chairman declared the motion did not pass.

On motion of Commr. Windram seconded by Commr. Macdonell and unanimously carried, the following motion was adopted:

That the applicant provide the Pollution Control Board and the Game and Fresh Water Fish Commission an outline explaining their plans and procedures to be followed in the construction and operation of the sand mine; that the Planning and Zoning Commission be requested to give the Board information concerning the basis of their recommendation; that the County Attorney give his opinion of the practicability of the applicant posting bond to comply with all the requirements, including adequate access.

After the above reports have been received, the matter will then come back before the Board of County Commissioners for further consideration with the express understanding that the Board will not be bound to give approval to the application in the event the reports are satisfactory.

On recommendation of the Planning and Zoning Commission and on motion of Commr. Windram seconded by Commr. VanAuken and carried, the Zoning Rules and Regulations were amended as they pertain to the following described tracts of land to the Classifications designated after each description:

SEE PAGES 71 AND 72

Also, approved in the above motion were Conditional Use Permits No. 178-2 and 179-2; and 177-4 was denied.

Resolutions adopted by the Planning and Zoning Commission with reference to Earl T. Harris and J. Elliott Seabrook were filed with the Board.

roads – county

Commr. Hoskinson filed petition signed by residents on Lake Nellie Road requesting the County to pave same.

Engineer Hays submitted list of results of the last road trip. On motion of Commr. Hoskinson seconded by Commr. Windram and carried, the list was approved with the following exceptions:

· Cooper Road (#4-4581) - Added to bottom of list until right of way is obtained.

· Carter Island Road (#2-1204) - Removed

· Shady Dell Subdivision Streets – Pave only a portion of the streets provided the owners pay one-half of the costs.

On motion of Commr. Hoskinson, seconded by Commr. VanAuken and carried, a Resolution was adopted establishing a 25 mile per hour speed limit on County Road #2-2918 (Windmill Road) East from SR 25.

Engineer Hays reported Sumter Electric Cooperative, Inc. is willing to pay the cost of paving County Road #3-4857 from SR 19-A to SR 500. On motion of Commr. Hoskinson seconded by Commr. Windram and carried, the Engineer was authorized to prepare the specifications and advertise for bids for the first meeting in May.

On motion of Commr. Macdonell seconded by Commr. Windram and carried, the Board approved naming County Road #2-0421 “Berry Road” and the Engineer was directed to erect the appropriate sign.

roads – state

Letter from the County Engineer advising that he and Mr. John Baisden, Maintenance Engineer, Department of Transportation, road over State Road 474 (Green Swamp Road) and came to the conclusion that the wavy finish is due to the contractor’s crew and not necessarily to the rock trucks that have been using it.

Petition signed by residents of the Griffwood Park area was filed requesting a traffic signal study at the intersection of SR 25 and SR S-466 (Picciola Road) North of Leesburg. The Clerk was instructed to request the study by the Department of Transportation.

Notice from the Department of Transportation that the low bidder on the following projects was Macasphalt Corp. of Lakeland, Florida, in the amount of $196,816.70:

Job No. 11110-8506, SR 44 from the St. Johns River to approx. 1.2 miles south;

Job No. 11160-8503, SR 42 from SR 44 to approx... 0.6 miles Northwest

Jobs No. 18350-8602 and 11530-8602, SR S-466-A, between Wildwood and a point approx. 0.5 mile east of Sumter County Line;

Jobs Nos. 11570-8604 and 36590-8601, SR S-452, from SR 44 Northwest of Eustis to SR 42.

road closings

On recommendation of the Engineer that the Petitioners Charles B. Castor and Mary B. Castor dedicate a 50’ turnaround to the public, Commissioner Hoskinson moved for the adoption of a Resolution to close the following described street:

All that part of Palmetto Drive in Glenn’s Cove, First Addition, as recorded in Plat Book 17, Page 17, Public Records of Lake County, Florida, lying south of the north boundary of Lot 49, extended easterly EXCEPT for one-fourth (1/4) of a circle with a 50 foot radius, said radius point being located at the northeast corner of said Lot 49.

The motion was seconded by Commr. Windram and carried.

On motion of Commr VanAuken seconded by Commr. Hoskinson and carried, the Board accepted a petition to close the following described alleyway in the Town of Altoona and approved public hearing for April 20^th:

Commencing at a concrete monument placed at the edge of SR 19, run North 71° 47’ West 67.15 feet to a concrete monument, thence run Northerly a distance of 16.2 feet to the edge of an alleyway and fence, thence run South 71° 47’ East 67.15 feet to the edge of SR 19, and run thence Southerly 16.2 feet to a concrete monument and point of beginning for this description, according to the Map of Survey of Lots “H” and “I” and the South ½ of “G,”, according to the Plan of Francis J. Hinson’s Subdivision to Altoona, Florida, and according to the plat thereof recorded in Plat Book 1, page 29, of the Public Records of Lake County, Florida.

right of way – roads

Attorney Duncan advised in 1964 the Board acquired road right of way from H. C. Mueller located in Section 5, Township 21 S, Range 26 East. Since that time the adjoining property has changed hands and the new owner, H. E. Schulz, is requesting that the right of way be relocated on or near the section line. He is willing to exchange property of equal value for the new right of way. On motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, the Attorney was instructed to proceed with the necessary action for the exchange of properties of equal values.

road maintenance – subdivisions

On motion of Commr. Hoskinson seconded by Commr. Macdonell and carried, the Board accepted Lake Street and Oklahoma Street in Snarr’s Subdivision as a County maintained road (County #3-1842), and same will be maintained from Minneola Lake Shore Drive to SR 561-A.

right of way easements – except roads

On recommendation of the County Engineer and on motion of Commr. Hoskinson seconded by Commr. Windram and carried, permanent easement was accepted from John W. Parks and Nancy T. Parks for the construction of a catch basin and culvert at the following described locations:

THE WEST 15 FEET OF: Lot 5A, Middleton Park Subdivision, as recorded in Plat Book 13, Page 44, Public Records of Lake County, Florida.

Letter from the County Engineer advising that in the process of locating the ditch between Lake Saunders and Lake Dora, the survey party was forcibly evicted from the property of Mr. H. J. Dunlop. This matter was referred to the County Attorney.

Clerk Owens submitted letter from the Oklawaha Water Authority concerning the proper drainage of Lake Gertrude. Letter states that the cost of locating any stoppage or re-establishing the drainage would be very expensive and the Authority is not in the position to incur such expense.

salaries and wages

On motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, the Engineer was authorized to employ a part-time draftsman at a maximum cost of $60.00 per month.

tax assessments

Certificates of Error and Corrections on the 1969 Tax Roll numbered 156 through 169 were approved on motion of Commr. VanAuken seconded by Commr. Hoskinson and carried.

hospitals

On motion of Commr. Hoskinson seconded by Commr. Windram and carried, the action of the Chairman and Clerk in approving applications to the W. T. Edwards Tuberculosis Hospital was approved, i.e.

John O. Cambron

Eleanor Augusta Callaway

Notice from the Hospital was filed advising that James A. Morrell was discharged with medical advice on 3/21/70.

civil defense

Letter and schedule from the Governor regarding Disaster Preparedness Seminar was referred to the Civil Defense Director.

inventory

The Clerk was instructed to determine if the old Photostatic equipment located in the Courthouse Annex has any market value.

municipal corporations

The Clerk presented letter from the City of Eustis requesting the County’s assistance in constructing sidewalks along Kensington Street between Orange Avenue and MacDonald Avenue. The request was denied for the reason the County cannot spend funds on sidewalks and streets located within municipalities.

schools

On motion of Commr. Windram seconded by Commr. Hoskinson and carried, approval was given for Leesburg High School to use three (3) voting machines for the school election on May 1, 1970. Transportation costs to be paid by the school.

bonds – misc.

On motion of Commr. Windram seconded by Commr. VanAuken and carried, contractors’ bonds for Certificates of Competency were approved for the following:

No. 491 – Merry Sign Company

492 – George F. Morton

493 – Paul E. Dellinger

494 – Thomas C. Ross

495 – Howard C. Foster, Jr. and

No. 497 – I. M. Mobley was cancelled.

communications

Correspondence from Brevard County Commissioner Lori B. Wilson with reference to the designation of Cape Kennedy as the operational base for the space shuttle system was referred to the County Attorney.

Letter from the City of Leesburg concerning a joint program for the care and protection of animals was read and filed, said letter asking for time to make a further study of this before a final decision is made.

Letter was read and filed from the Ocala High School concerning the possible closing of the Marine Science Station at Crystal River.

complaints

Letter was filed from Carl Averitt complaining that the Tavares School grounds drain onto his property.

county engineer

The Chairman announced he has received a letter of resignation from Gordon Hays, Jr., County Engineer effective April 30, 1970. On motion of Commr. Hoskinson seconded by Commr. Macdonell and carried, the Chairman was authorized to advertise for applicants for this position.

accounts allowed

On motion of Commr. Macdonell seconded by Commr. Windram and carried, the Board approved the purchase of Sweepster Broom from Highway Equipment & Supply Co. in the amount of $970.00.

On motion of Commr. VanAuken seconded by Commr. Hoskinson and carried, the Board approved the cost of twenty (20) double face “No Parking” signs to be used at the Lake County Fairgrounds during Fair Week.

Payrolls for the month of March were approved on motion of Commr. VanAuken seconded by Commr. Hoskinson and carried.

There being no further business to bring before the Board, the meeting adjourned at 8:20 o’clock P.M.

___________________________________ ______________________________

CLERK CHAIRMAN