MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS
TUESDAY, AUGUST 17, 1971
The Board of County Commissioners convened in regular session in the Commissioners’ Room, in the Courthouse, Tavares, Florida, on Tuesday, August 17, 1971, at 9:00 o’clock in the forenoon with the following members present: J. M. Hoskinson, Chairman; James R. Carson, Jr.; C. A. Deems; Thomas J. Windram; and Kenneth VanAuken. Others present were Clerk of the Circuit Court, Frank E. Owens; and Deputy Bernice P. Conner; Attorney, Emmett Tally, substituting for County Attorney, Christopher C. Ford.
The meeting was called to order by the Chairman, and the invocation was delivered by Commr. Deems, after which the Pledge of Allegiance to the Flag was given.
roads – county
On recommendation of Attorney Ford and on motion by Commr. Deems seconded by Commr. Carson and carried, the Board agreed to accept a Petition from Lou Bethea and Mrs. Paul Commander, owners of the properties adjoining an extension of County Road #2-3212, traveling East from U. S. 27 and authorized said owners to advertise the same for vacation and abandonment.
Attorney Tally was instructed by the Board to negotiate with said owners for a Drainage Easement on said property.
county employees
Commr. VanAuken reported on his investigation of the fact that compensation in conjunction with salary is being paid to Robert S. Alderman, Commodity Warehouse Supervisor for 52 weeks. He advised the Board that from his investigation everything appears to be in order. Attorney Tally was instructed by the Board to check into this matter further and report back to the Board.
Mr. Watkins informed the Board that Lorraine Retey had resigned as the Assistant Veterans Service Officer and that he was receiving applications for the position. The Board instructed Mr. Watkins to narrow the applications down to three or four and that he and Commr. VanAuken should then check out those applications and make their recommendation to the Board. On motion by Commr. Windram seconded by Commr. VanAuken and carried, the Clerk was instructed to write a letter of commendation from the Board for Mrs. Retey’s services as she is going to be missed greatly.
Mr. Watkins also brought to the attention of the Board that Brett Strickland, the Building Inspector, has resigned primarily for salary reasons. Said resignation to be effective within thirty days.
On motion by Commr. Windram seconded by Commr. VanAuken and carried, the Board designated Philip R. Edwards as the Pollution Control Officer.
chamber of commerce
Commr. VanAuken reported receiving a letter from Carl Smith, Chamber of Commerce, stating that they were having trouble growing landscaping plants and suggesting that a four inch drain tile be installed, as well as other improvements and wanting to know if the Board will help them on this matter. Chairman Hoskinson referred the matter to Commr. Windram.
public health
Commr. VanAuken stated to the Board that metal is piling up in the Junk areas and getting to be quite a mess and that Gene Smith does not seem to be interested in cleaning it up. The matter was referred to Commr. VanAuken and it was suggested that he check with Wendell Mohr on this.
elections – special
Commr. VanAuken brought up the fact that there will be a Special Election on November 2nd of this year and suggested that Election Boards be considered at this time. The Clerk was requested to furnish the Board with a list of those who served on the Election Boards for the last election.
meetings
Chairman Hoskinson reported on his trip to a meeting in Orlando on August 16th with Jim Watkins, with reference to the impact of the opening of Disneyland and of the law enforcement problems, traffic control and Chamber of Commerce problems that would come up for Orange County. It was suggested that Mr. Watkins give the Board a briefing on the Meeting at some regular meeting of the Board in the near future.
planning and zoning
At this time, Glenn LaRoe appeared before the Board with reference to his violation of a Zoning Ordinance in regard to a clay pit on his property where garbage is being dumped. Mr. LaRoe claimed that there is an Easement stating that the County could dump there and would help maintain it. He also stated that the County Road Department was using it and that garbage from the County Fairgrounds had been dumped in there. Commr. Windram suggested that the Board verify the fact that the County has been using it and, if so, that the Board should have the garbage burned and cover what is left. Attorney Tally was instructed by the Board to write a letter for Mr. LaRoe to sign giving the County permission to go in and burn the garbage. Commr. Deems was instructed to see that proper action is taken.
Commr. Deems informed the Board that the Everglades Mobile Home Manufacturing Co. wants permission to construct 1000 modular homes, each containing 900 feet of living space, in R-1A zoning, where this construction is not allowed. The Manufacturing Company wants to know if there is any way they can be allowed to place these modular homes on this particular subdivision. There was a recommendation not to mention construction at all in the Ordinance Permit R-1A, if the Southern Building Code Standards as adopted by the County are met. On motion by Commr. Deems seconded by Commr. Carson and carried, the Board directed the Planning & Zoning Dept. to institute a policy whereby all construction conforms to the Building Codes as adopted by Lake County.
Mr. Watkins brought to the attention of the Board a letter from Thomas C. Merrill of Umatilla reporting that the Mosquito Control Crew, in cleaning out the ballpark lake ditch, also cut down their living fence for screening their junk yard. Mr. Merrill assured the Board that they will screen their junk yard again in time.
budget
Sheriff McCall appeared before the Board with reference to the cut in his Department’s Contingency Funds from $15,000.00 to $10,000.0. The Board pointed out to the Sheriff that the General Contingency Fund of $65,000.00 would give him $75,000.00 in his Contingency Fund for the coming fiscal year, so that if any problem arises, or an emergency exists, there will be enough money to take care of it. The Sheriff also asked the Board if he could use what surplus was left in this year’s Budget for needed equipment and the Board said he could present a request on September 1st for additional funds out of his Contingency Fund.
oklawaha water authority
Mr. Edwards, Pollution Control Officer, brought to the attention of the Board that the Water Authority Chairman, Bill Herlong, told representatives of the Pollution Control Board and Conservation Council, that an environmental impact study statement will be requested from the Soil Conservation Service for the Palatlakaha River Project in order for the Project to get started for the channelization of the Palatlakaha River out of Green Swamp. Mr. Edwards was asked by the Board to advise it of the outcome of a meeting with Mr. Herlong and others with reference to this matter.
contracts and agreements
Mr. Watkins brought to the attention of the Board that the Contract between Samuel C. Mazzotta and Lake County, in which the County agreed to pay $300.00 registration fee for Mr. Mazzotta to attend the Summer Institute in Urban Planning at the Georgia Institute of Technology, provided he agreed to perform his duties with the County for a period of twelve (12) months, has been executed as of this date.
The Clerk read a copy of letter from Attorney Ford to the Attorney for the City of Eustis, with reference to the Contract concerning the assessing and collecting of City taxes.
On motion of Commr. Carson seconded by Commr. Deems and carried, the Interlocal Agreement between Lake County and the Department of Transportation with reference to National Transportation Planning Study was approved and the Chairman and Clerk of the Board were authorized and directed to execute the Agreement.
appointments
Mr. Watkins brought to the attention of the Board the fact that the terms of three (3) members of the Board of Zoning appeals have expired and that two (2) will expire shortly. Attorney Tally was instructed by the Board to check into this matter.
oeo
Virgil Hawkins of the OEO appeared before the Board with reference to the Emergency Employment Act. The matter was referred to the County Attorney for study and recommendation to the Board.
mosquito control
On motion by Commr. Windram seconded by Commr. Deems and carried, the following bids on surplus property of the Mosquito Control Department were accepted on the recommendation of the County Engineer:
|
County Property No. 2121 |
1957 Chevrolet Pickup Truck |
$75.00 |
|
County Property No. 2110 |
1951 Willys Jeep |
$136.00 |
|
County Property No. 3863 |
1959 Oliver Dozer |
$75.00 |
|
County Property No. 3823 |
John Deere Dozer |
$100.00 |
|
County Property Nos. 2106, 2103, 2132, 2107, 2119 and 2101, respectively
|
1943 Ford Truck Ford Truck 1943 Ford Truck 1943 Ford Truck 1943 Ford Truck 1956 Dodge Power Wagon |
$100.00 |
|
County Property No. 2358 |
600 gal. tank on wheels |
$100.00 |
|
County Property No. 2191 |
International Crawler Tractor |
$817.00 |
|
County Property No. 3841 |
1958 Chevrolet Dump Truck |
$300.00 |
|
County Property No. 2108 |
1950 Willys Jeep |
$70.00 |
|
County Property No. 2423 |
1954 Lorain Crane Mounted Truck |
$300.00 |
county property
A letter from William Henderson of the Policy Department of Tavares was presented to the Board requesting a long term Lease on County property for use as a pistol range. Attorney Tally advised the Board that it does not have the authority to do this. On motion by Commr. VanAuken seconded by Commr. Deems and carried, the Board referred the matter to the County Attorney for his recommendation as to any action.
recess and reassembly
The meeting recessed at 12:00 noon and reconvened at 1:15 P.M. to take up the remaining items of business.
permits
The following Use Permits filed by the County Engineer were approved on motion by Commr. Deems, seconded by Commr. Windram and carried:
Road No. 3-1445 to Florida Power Corporation for the construction and maintenance of a 69,000 volt aerial electric transmission line paralleling County Road #3-1445, a distance of 1380 feet, 5 feet inside County Road right-of-way as shown on attached Dwg. T-76527-B, between Clermont and Haines City.
Road No. 5-7958 to Sumter Electric Cooperative, Inc., for the construction and maintenance of 7.2 KV power distribution line one mile West of Umatilla.
bonds – misc.
On motion of Commr. Carson seconded by Commr. Deems and carried, Bonds for contractors for Certificates of Competency were approved for the following:
#621 - W. E. Van Pelt dba Husky Concrete Service
#622 - Bruce C. Thompson
#336 - L. F. Lang dba L.F. Lang & Son Pools, Inc. (Renewal)
planning and zoning
It now being the time advertised to hold a public hearing on Zoning Regulations, on recommendation of the Planning & Zoning Comm., and on motion of Commr. Carson seconded by Commr. Deems and carried, a Resolution was adopted, altering and amending the Zoning Rules and Regulations as they pertain to the following described tracts of land to the Classification designated after each description.
Case #51-71-2
Legal Description:
Sec. 15, Twp. 20 S., Rge. 24 E.: The West 1006 feet of Lots 6 and 7 according to the Plat of Roadside Subdivision filed 7 February 1927 and recorded in Plat Book 9, Page 62, Public Records of Lake County, Florida.
Change in Zoning Classification: The Zoning Classification was R-1 (Rural Residential) and is hereby changed to C-3 (Urban Commercial District – Small Industry).
Case #52-71-1
Legal Description:
Sec. 4, Twp. 18 S., Rge. 24 E.: The NW ¼ of the SE ¼
Change in Zoning Classification: The Zoning Classification was R-1A (Rural Residential) and is hereby changed to A (Agriculture).
Case #53-71-1
Legal Description:
Sec. 33, Twp. 18S., Rge. 24 E.: That unnumbered Lot lying North of Lot 15, in Gosport Mobile Home Park, a subdivision in Lake County, Florida, according to the Plat thereof, recorded in Plat Book 18 Page 5, Public Records of Lake County, Florida.
Change in Zoning Classification: The Zoning Classification was C-2 (Commercial District) and is hereby changed to R-3 (Mobile Home Park – Subdivision).
Case #54-74-4
Legal Description:
Sec. 30, Twp. 19 S., Rge. 28 E.: That portion of 7th Avenue lying North of the North line of Sorrento Avenue and South of the South line of Craig Avenue, the above description being according to that Plat of Craig’s Addition to Sorrento, which Plat is recorded in Plat Book 1, Page 59, Public Records of Lake County, Florida.
Change in Zoning Classification: The Zoning Classification was R-1 (Rural Residential) and is hereby changed to C-1 (Rural Commercial).
Case #56-71-1
Legal Description:
Sec. 20, Twp. 19 S., Rge. 25 E.: The West 180 feet of the East 200 feet of the West ½ of Government Lot 4, North of Railroad.
Change in Zoning Classification: The Zoning Classification was R-1A (Rural Residential) and is hereby changed to R-3 (Mobile Home Park – Subdivision).
Case #57-71-1
Legal Description:
Sec. 13, Twp. 18 S., Rge. 24 E.: The West ½ of the Southwest ¼ of the Southwest ¼.
Change in Zoning Classification: The Zoning Classification was R-1A (rural Residential) and is hereby changed to A (Agriculture).
Case #58-71-4
Legal Description:
Sec. 7, Twp. 19 S., Rge. 28E.: The North 300 feet of the West 500 feet of that part of the NW ¼ of the SE ¼ lying East of State Road #S-437.
Change in Zoning Classification: The Zoning Classification was A (Agriculture) and is hereby changed to C-1 (Rural Commercial).
Case #59-71-1
Legal Description:
Sec. 21, Twp. 19 S, Rge. 24 E.: Begin at the Northwest corner of the Northeast ¼ and run South 89°49’30” East 881.30 feet, thence South 605 feet for a Point of Beginning. From said P.O.B., run thence South 190 feet, thence East 421 feet, thence North 190 feet, thence West 421 feet, to the P.O.B.
Change in Zoning Classification: The Zoning Classification was R-2 (Urban Residential) and is hereby changed to M-1 (Industrial District).
Also included in the above motion, the recommendations of the Planning and Zoning Comm. were upheld in denying the following: Case #55-71-3.
On motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved Conditional Use Permits as follows: #294-1; #305-3; #296-1; #297-3; #307-5; and #308-1.
With reference to the approval by the Board of CUP #305-3, the Board recommended that the words “private Airstrip,” be amended to read “airstrip.”
With reference to CUP #304-3, Mr. Leroy Bronson appeared before the Board, accompanied by his Attorney Clayton J. Weir and Fred Green, who is with the Engineering Firm of Gee & Jenson and is the Engineer for the Developer of the property concerned. These Gentlemen gave the Board a detailed outline of what the Developer expects to do with this property. On motion by Commr. Carson seconded by Commr. Deems and carried, the Board upheld and approved the recommendations of the Planning & Zoning Comm. In acceptance of the concept of this particular Planned Unit Development known as Lake Louisa Properties.
With reference to CUP #309-2 & 3, on motion by Commr. Deems seconded by Commr. Carson and carried, the Board postponed action on the issuance of this CUP and set a hearing on the same for September 7, 1971, at 2:00 P.M.
With reference to #60-71-AM, Amendment to Article XIII, on motion of Commr. Deems seconded by Commr. Windram and carried, the Board approved the adoption of Amendment to Article XIII, by adding a new sub-paragraph 17 covering a Planned Unit Development and appropriate Resolution adopted.
Pursuant to notices, it now being the time to hold a public hearing on Zoning Violations, in accordance with Lake County Ordinance 70-1, the following Violations were brought to the attention of the Board:
1. Violation of Bernice H. Lee, for having unsafe and unsound structures; junk, scrap or waste inside and outside of the structures. Mr. Lee appeared before the Board with reference to this matter. Mr. Watkins stated that Mr. Lee was in the process of correcting the violation. On motion by Commr. Carson seconded by Commr. Windram and carried, the Board declared it a public nuisance and allowed the alleged violator thirty (30) days within which to complete the correction of this violation.
2. Violation of Rev. A. C. Janney, in expansion of Youth Camp without Conditional Use Permit, and building without permits in the Okahumpka-Mascotte area. Rev. Janney appeared before the Board with reference to this mater. After some discussion, on motion by Commr. Windram seconded by Commr. VanAuken and carried, the Board withheld action on this violation for a period of ninety (90) days, during which time the Rev. Janney will make application for a Conditional Use Permit, for Building Permits, and comply with the Building Codes of Lake County.
FLORIDA PUBLIC SERVICE COMMISSION
The following Orders were filed:
a. Order denying Application of Seaboard Coast Line R.R. Co., for authority to dualize its station agencies at Clermont and Groveland.
b. Order granting application of Seaboard Coast Line R.R. Co., for authority to dualize its station agencies at Umatilla and Eustis.
c. Order granting Petition of Southern Bell T. & T. Co., for approval of revised intrastate rate schedule.
schools
Commr. Windram brought to the attention of the Board that Bill Ward of the Florida Power Corporation, had inquired as to whom they should bill for the flashing light signals in School Zones of Umatilla and Altoona. The Clerk was instructed to call Mr. Ward and inform him that since Altoona was an unincorporated area, the bills should be directed to the County; and that bills for the Umatilla lights should be directed to the City of Umatilla.
insurance
In compliance with the previous request by the Board that Attorney Ford check Chapter 67-408, covering Law Enforcement Officers for occupational death and bodily injury insurance, which had been reported to have been increased from $10,000.00 to $20,000.00, the Clerk presented a letter from Attorney Ford in which he advised the Board that Chapter 71-301 – Death Benefits – Law Enforcement Officers and Firemen, which was House Bill No. 350, amending Florida Statute 112.19, did, in effect, make the increased insurance mandatory. Whereupon, the Board approved the increase in insurance and instructed the Clerk to so inform the Insurance Company.
public health
A Petition in the form of a letter, signed by D. David Gammage and others, protesting the development of a County dump in the area of Okahumpka adjacent to Bug Spring was presented to the Board by the Clerk. After a brief discussion by the Board, the Clerk was instructed by the Board to file the letter for the time being.
pollution control
A letter from Vincent D. Patton of the Florida Department of Air & Water Pollution Control, with reference to Priorities for Grants under PL 660 for Fiscal Year of 1972, was presented. The Clerk was instructed to send a copy of the letter to Jim Watkins and file the original.
accounts allowed
On motion of Commr. Windram seconded by Commr. Carson and carried, the Pollution Control Officer, Philip R. Edwards, was authorized to purchase various laboratory equipment in the total sum of $904.65.
On motion by Commr. Windram seconded by Commr. Deems and carried, payment to Schweizer Associates, Inc., in the amount of $7,764.92, was approved.
On motion by Commr. Carson, seconded by Commr. Deems and carried, the County Extension Director, Jackson A. Haddox, was authorized to purchase a Cyclopedia of Horticulture (Bailey) in 3 Volumes, to be ordered from Horticultural Books, Inc., Stuart, Florida in the amount of $66.25.
On motion by Commr. Windram, seconded by Commr. Carson and carried, the Board adopted an Emergency Resolution for the payment of $1,192.49, to Evans Heating, Air Conditioning and Refrigeration Co., for the installation of a new compressor in the air conditioning unit in the Agricultural Building, this money to be reimbursed to the Board by the Insurance Company.
There being no further business to bring before the Board, the meeting adjourned at 6:30 p.m.
_________________________________ _____________________________
CLERK chairman