MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
OCTOBER 16, 1973
A regular meeting of the Lake County Board of County Commissioners was held on Tuesday, October 16, 1973, at 9:00 o’clock in the forenoon, in the Commissioners’ Room, Courthouse, Tavares, Florida.
The Chairman called the meeting to order with the following members present: C. A. Deems, Chairman; Glenn C. Burhans; Thomas J. Windram, J. M. Hoskinson and James R. Carson, Jr. Others present: Clerk James C. Watkins; Christopher C. Ford, County Attorney; Larry Morey, Acting Engineer; and Norma Coven, Deputy Clerk.
The invocation was given by James C. Watkins, who also led the Pledge of Allegiance to the Flag.
minutes
The minutes of July 19, 1973 were approved on the motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously.
The minutes of July 27, 1973 were approved on the motion of Commr. Carson, seconded by Commr. Hoskinson, and carried unanimously.
The minutes of July 31, 1973 were approved on the motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously.
The minutes of August 23, 1973 were approved on the motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously.
The minutes of August 31, 1974 were approved on the motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously.
roads – county
Larry Morey, Acting Engineer, requested the following roads be added to the road resurfacing program. On the motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, the following roads were accepted into the resurfacing program.
NUMBER NAME FROM TO
3-1734 Tower View Drive S-561A End
1-4142 Park Street 1-4121 1-4022
1-4121 Cherokee Avenue 1-4021 1-4122
1-4021 Hillcrest Street 1-4121 1-4022
1-4022 Powhatan Avenue 1-4124 1-4122
After being brought up to County standards, the above roads will be County maintained.
right-of-way – easements
Larry Morey, Acting Engineer, presented a request from the Department of Transportation for a portion of right-of-way on Eudora Road, S-44C, for a water storage area. Christopher C. Ford, County Attorney, stated the County does not own the property and cannot give a deed for it. On the motion of Commr. Carson, seconded by Commr. Windram, and carried unanimously, a Resolution was adopted giving the DOT the right-of-way to use for drainage easement purposes, based on the dedication on the plat of Golden Isle Subdivision.
deed
Larry Morey, Acting Engineer, presented a request to release Murphy Act Deed #1292 on District Road 5-7878. On the motion of Commr. Carson, seconded by Commr. Windram, and carried unanimously, the Board recommended the DOT do not release the Murphy Act Deed # 1292.
road maintenance
Larry Morey, Acting Engineer, requested the following roads be added to the County Maintained System with the stipulation that they meet County standards:
PROP. NUMBER NAME FROM TO
4-4668 Sunset Circle 4-4764 4-4764
1-6707 Sunrise Road US 27-441 End
1-6707A Genius Court 1-6707 End
1-6807 Hobby Way 1-6707 End
1-5342 Lake Pines Road 1-5341 1-5343
1-5343 Linda Lane 1-5343 End
3-4057 Lake Avenue S-452 End
3-4157 Susanne Drive 3-4057 3-4158
4-4161 Sunset Drive S-452 3-4162
On the motion of Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the list was approved subject to the roads being brought up to County standards.
outdoor recreational facilities
Commr. Burhans presented a request to clean up Lake Yale Park and picnic area and boat ramp. Also, to place “No Overnight Campers” signs in the area of Marsh Memorial Park. On the motion of Commr. Burhans, seconded by Commr. Windram and carried unanimously, the request was approved.
Commr. Hoskinson stated the use of easements on Double Run was discussed at the Open Space Meeting. Commr. Carson said the easements give the public the right to use the water surface only for recreational purposes, but not the land.
Dan Farley, Division of State Planning, appeared regarding the Green Swamp Area. The State is making a survey and study of lands that may be of use to the County and to determine if the Green Swamp is an area of critical concern.
complaints
Odeen Tyre appeared and complained of shooting in the clay pit east of Lady Lake. The Chairman instructed the Acting Engineer to cement signs to prohibit shooting and to block the access road.
James C. Watkins, Clerk, read a letter from Mr. and Mrs. Paul Edwards regarding motorcycle riders in the clay pit at Lady Lake. They complained of the noise and disturbance in the area. The Chairman said he will talk to them and would like to find out when the cyclists are riding.
roads – state
Commr. Hoskinson requested a 35 MPH speed limit on SR 561A between US 27 and District Road 3-1741, Minneola Lakeshore Drive. On the motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, a Resolution regarding the speed limit was adopted.
communications
Commr. Hoskinson read a letter from Douglas Strickland, Chief of the Bureau of Land Acquisition and Developments, regarding the Lake Louisa land purchase. It was read and filed.
James C. Watkins, Clerk, read a letter from the Division of Youth Services expressing appreciation for the Board’s help in providing office space. They would like to discuss the lease with someone from the County. The Board discussed a permanent office space for this department and it was referred to the Clerk and the County Attorney.
Commr. Windram read a letter from the Southwest Florida Water Management District concerning a Resolution No. 22 requesting the Canal Authority of the State of Florida to consult with the Oklawaha River Basin Board prior to release of right-of-way lands of the cross-Florida barge canal. It was read and filed.
reports – official
The Chairman read a letter from Fred Dickinson concerning the annual reports of the County officials. The Clerk reported he has received letters from the Tax Assessor and Tax Collector stating they will turn in their official reports at the end of their fiscal year.
bids
It now being the time advertised to receive bids on insurance, the Chairman asked the Clerk to open and tabulate bids. Bids received are as follows:
1. Occupational Death Law Enforcement Officers
Lassiter-Ware, Inc.
Weir Insurance Agency
Noblitt
2. Comprehensive vs. Fleet Liability
Weir Insurance Agency
Noblitt
Simpson-Waite
3. Comprehensive Hospital Liability
Weir Insurance Agency
Lassiter-Ware, Inc.
4. Misc. Equipment under off-highway Inland Marine Floater
Weir Insurance Agency
Noblitt
Simpson-Waite
5. Fire, Extended Coverage Vandalism, etc.
Weir Insurance Agency
Simpson-Waite Hartford
Simpson-Waite I.N.A.
Noblitt
Consolidated Insurance Company
On the motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the bids were referred to the Clerk and County Attorney for study and recommendation.
Later in the day the Clerk made the following recommendations on the Insurance bids:
Comprehensive Fleet Simpson and Waite
Misc. Equipment off-highway $20,554.72 with
Fire, Extended Coverage $100 deductible
On the motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the bid from Simpson-Waite was approved and accepted as the best bid.
Occupational Death Lassiter-Ware
Law Enforcement Officers $931.00 annually
On the motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the bid from Lassiter-Ware was approved and accepted as the best bid.
Comprehensive Hospital Liability Lassiter-Ware
$1,648
On the motion of Commr. Carson seconded by Commr. Hoskinson and carried unanimously, the bid from Lassiter-Ware was approved and accepted as the best bid.
Joseph E. Flynn presented specifications for two (2) economy trucks and was instructed to get help from the Public Works Department on this so that all the vehicles will fit the specifications. Mr. Flynn, Planning Director was authorized to advertise for bids for November 20, 1973 at 10:00 a.m. and the specifications are to show a January delivery date. The above was approved on the motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously.
assessments
Mrs. Wanda Isaacs appeared regarding a tax deed she holds on forty (40) acres of property in the Ocala National Forest. There is a question of ownership and she would like the Board to determine if she owns the property or if the State does. She has been paying taxes on the property for 13 years. This matter was referred to the County Attorney to obtain an opinion and to see Mr. Crum.
fire districts
Commr. Hoskinson read a Resolution that was adopted at the State Association of County Commissioners Meeting concerning a survey for fire potentials and hazards by the Division of Forestry in the unincorporated areas of the County. It was read and filed.
bonds
Contractors’ bonds for Certificates of Competency were approved on the motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously for the following:
# 9 Henry W. Walter, Jr. (general)
230 Henry Sapp (specialty)
304 Allen Wiley (building Class C)
1011 John H. Sweeting (carpentry)
1097 Kenneth Carnes (specialty)
1098 John H. Martin (specialty)
1099 William Harden Sparks (general)
1100 Arthur Jones (specialty)
1101 Darrell Willis dba Willis Plastering Company
828 Paul A. Dolezar dba Colorstone Roofing
On the motion of Commr. Hoskinson, seconded by Commr. Burhans, and carried unanimously, investigation shows insufficient need for a gun permit for Jean Boagart.
On the motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, a firearm bond was approved for Steve Allen Greene.
hospitals
On the motion of Commr. Windram, seconded by Commr. Carson and carried unanimously, the following petitions were approved for admission to A. G. Holley State Tuberculosis Hospital:
Barbara Ann Johnson
Joseph Henry Clemons
Notice was filed that Willie Russ was discharged from A. G. Holley State Hospital on October 12, 1973 for medical reasons.
state agencies
The Clerk read a letter from the Division of Health regarding the Emergency Medical Services Grant Act. No action was taken at this time and the letter was referred to Dr. Langley.
resolutions not classified elsewhere
The Clerk read a letter from Seminole County opposing the financing of the Myers Act by the County. On the motion of Commr. Burhans, seconded by Commr. Carson and carried unanimously, a Resolution was adopted stating Lake County is against the Counties financing the Myers Act.
animal
Glenn Middleton, Building Inspector, appeared with a sketch of the animal shelter. The estimated cost is $17,942. Mr. Middleton recommended that the County subcontract the building out. On motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, Glenn Middleton was directed to proceed with final plans for specifications and subcontract as soon as possible.
recess and assembly
The meeting adjourned at 12:10 p.m. The Chairman announced the Commissioners will have lunch at the Silver Lake Golf and Country Club and the Press and public are invited on a Dutch-treat basis. The meeting reconvened at 1:30 p.m.
planning and zoning
Joseph E. Flynn, Planning Director, stated he had written a letter to the Orange County Commission asking to review a DRI that is in Orange County but is less than two miles from Lake County. It is the Lake Ola DRI.
zoning
429-1 Drexel Dudley, applicant. A CUP for farm labor housing. The Chairman said there is a question on the title and asked the County Attorney’s opinion.
The Attorney said that Drexel Dudley was shown on the petition as the owner and he has given sworn testimony in Circuit Court that he was not the owner. Mr. Simmons has legal interest in the land but he had not been given legal notice of the hearing. He has not given his consent to have his land rezoned or appointed anyone as his agent to represent him at the hearing. The matter should be postponed until the problem is cleared up. Any rezoning or denial of rezoning would be in jeopardy if any of the parties decide they want to attack the rezoning without proper notice being given to the real owner.
It was expressed by several members of the Board that in their opinion the case should be heard today because many people had gone to a lot of trouble and expense to be here for the hearing. Commr. Burhans moved to hear the case today and Commr. Hoskinson seconded the motion for discussion. The Attorney advised against this and said if the case is heard today it would be strongly subject to litigation.
Commr. Burhans and Chairman Deems voted “yes.”
Commr. Carson, Windram and Hoskinson voted “no.”
The Chairman announced the motion did not carry.
Commr. Hoskinson moved that the case be referred back to the Planning and Zoning Commission until all the papers and the case can be properly presented. The motion died for lack of a second.
John C. Williams, Attorney for the City of Fruitland Park, appeared and recommended that the case be denied without prejudice and allow the applicant to reapply in proper form.
On the motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the application was denied without prejudice due to the petitioner’s failure to have the petition in proper form.
112-73-1 Michael Matray A to R-3 for Mobile Home Subdivision
Larry Taylor, Attorney for the applicant, appeared in support of the rezoning. He said the owner would be willing to have the zoning under a CUP. On the motion of Commr. Carson, seconded by Commr. Hoskinson, the recommendation of the Planning and Zoning Commission was upheld and the rezoning denied. Commr. Burhans, Dees and Windram voted “no.” The Chairman announced the motion did not carry.
On the motion of Commr. Windram, seconded by Commr. Burhans, the Board granted a CUP for a PUD for mobile home Rental Park in agricultural zoning. Commr. Carson and Commr. Hoskinson voted “no.” The Chairman announced the motion carried.
108-73-2 Colonial Penn, Applicant R-1-7 to A
On the motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved withdrawal.
419-2 Colonial Penn CUP for Sand Mining Operation
On the motion of Commr. Carson, seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and rezoning denied.
107-73-5 R. C. Lee A to CP for Feed and Western Store
On the motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and rezoning denied.
115-73-5 Umatilla Packers, Inc. R-1-7 to C-2 for MP
On the motion of Commr. Hoskinson, seconded by Commr. Carson and carried, the Board approved withdrawal. Commr. Burhans abstained because of possible conflict of interest.
119-73-5 John Sullivan R-1-7 to C-2
On the motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the case was postponed until November 20, 1973.
118-73-5 John Sullivan R-1-7 to R-3
On the motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, the case was postponed until November 20, 1973.
130-73-5 Joseph Pasak A to RR
On the motion of Commr. Windram, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and rezoning approved.
129-73-1 Reverend C. T. Bookamer C-2 to RR to apply for a CUP for a church
On the motion of Commr. Carson, seconded by Commr. Hoskinson, and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and rezoning denied.
471-1 Reverend C. T. Bookamer CUP for church in RR
On the motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and rezoning denied.
127-73-1 Ronald and Barbara Carona R-1-7 to A
On the motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and the rezoning approved.
482-2 Rogers and Cummings CUP to expand CUP 314-2 for PUD for retirement center
On the motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the amended CUP 314-2 to include this property with a reverter clause that it will revert back to agriculture if the sale is not consummated within one year.
131-73-3 Gizella Rowe and R. J. Dehlinger A to R-3
John Sutton appeared and opposed the rezoning.
W. H. Hamilton appeared and opposed the rezoning.
Miss Crabtree appeared and opposed the rezoning.
Letters were filed from residents opposing the rezoning.
Larry Taylor, Attorney for the applicant, appeared in support of the rezoning. He stated the access road will be paved.
Joseph E. Flynn, Planning Director, said a mobile home park is not the best use for the land.
On the motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Commission was overturned and rezoning denied.
128-73-4 George Younger C-1 to RR
On the motion of Commr. Windram, seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and rezoning approved.
126-73-5 Reah Chase R-1-7 to R-3
On the motion of Commr. Windram, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and rezoning approved.
123-73-4 Eunice and Henry Mayhew A to RR
On the motion of Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and rezoning approved.
125-73-5 James Seymour A to C-2
On the motion of Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and rezoning denied.
124-73-5 Belen Enterprises A to RR
On the motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and rezoning approved.
132-73-2 Amos Henley R-3 to R-1-7
On the motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved withdrawal.
133-73-2 Jacob Lucas A to LM
On the motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and zoning changed from LM to MP for the purpose of building a ceramics plant and plumbing supply house. The Board approved this change in zoning.
On the motion of Commr. Windram, seconded by Commr. Burhans and carried unanimously, advertisement for a public hearing on November 6, 1973 regarding the amendment to the R-3 zoning was approved.
public health
The Clerk read a letter regarding the application for funds under Emergency Medical Services. Referred to Dr. Langley and the Clerk.
checks received
Checks from the Supervisor of Elections for $18.94 reimbursement for furnishing copies of lists of precincts. On the motion of Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the check was accepted.
accounts
A request from the Lake County Soil and Water Conservation District for an IBM Electric Typewriter at a cost of $477.00 was approved on the motion of Commr. Hoskinson seconded by Commr Windram and carried unanimously.
A request for travel for the Clerk and any Commissioner to attend a meeting held by the Department of Health and Rehabilitation Service in Delray Beach, October 18, 1973, regarding public and social services was approved on the motion of Commr. Carson, seconded by Commr. Windram and carried unanimously.
On the motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, Tax Certificate #152, in the amount of $77.94, issued May 28, 1973 due to error in legal description by the Tax Assessor’s Office, was redeemed.
There being no further business to bring before the Board, the meeting adjourned at 4:40 p.m.
_________________________________ ____________________________________
CLERK chairman