MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS

december 18, 1973

A regular meeting of the Lake County Board of County Commissioners was held on Tuesday, December 18, 1973 at 9:00 a.m., in the Commissioners’ Room, Courthouse, Tavares, Florida.

The Chairman called the meeting to order with the following members present:  C. A. Deems, Chairman; J. M. Hoskinson; Glenn C. Burhans; James R. Carson, Jr.; and Thomas J. Windram.  Others present were:  James C. Watkins, Clerk of Circuit Court; Christopher C. Ford, County Attorney; and Norma H. Coven and Debby Potter, Deputy Clerks.

The invocation was given by Clerk Watkins, who also led the Pledge of Allegiance to the Flag.

county employees

Jack Haddox, Director at the Agriculture Center, appeared regarding a “Vista Volunteer Help” program.  He would like to enter into a program with the State and hire one volunteer for one year at a cost of 10 cents per mile or $50 per month and $200 for materials.  Mr. Haddox stated that the money was in the budget for this since he is short one assistant Agent.  The volunteer will be in the Home Ec Program.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, Mr. Haddox was authorized to negotiate inter-budget transfers to obtain the help.

minutes

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the minutes of September 11, 1973 were approved as amended.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the minutes of September 12, 1973 were approved as submitted.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the minutes of November 6, 1973 were approved as amended.

roads – state

The Chairman read a notice from the Department of Transportation concerning a Highway Design hearing on State Road 50 between SR 561 and the Orange County line.  The hearing is to be held January 23, 1974 at the Chamber of Commerce Building, Clermont.

Larry Morey, Acting County Engineer, appeared and reported that Commr. Carson, Commr. Windram and representatives from the Department of Transportation met to discuss the right-of-way requirements for four-laning SR 19A from the Golden Triangle Shopping Center to the Eustis Plaza.  Mr. Morey stated that a combination of typical sections would be best for that road.  Rural at the north end and urban at the south end.  Mr. Morey had prepared a letter for the Chairman’s signature stating that the above is the recommendation of Lake County.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board authorized the Chairman to sign the letter.  This would be State Job 11050-2507.

Mr. Morey read a letter from the Department of Transportation concerning the concrete bridge at Blackwater Creek on SR 44A.  The estimated cost for building the bridge is $130,000.  On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, Mr. Morey was instructed to write the DOT and inform them the Board would like the bridge project considered only at such time as final plans are ready for the widening, resurfacing, and extension of SR 44A from SR 19 north of Eustis to SR 44 east of Blackwater Creek.

A notice was received from the DOT of the beginning and completion of construction from .25 miles south of SR 48 northerly to SR 48 east of Okahumpka.  This road is US 27 or SR 25.  The foregoing was accepted for primary maintenance November 30, 1973.  The notice was read and filed in the DOT field for 1973.

public health

The Chairman read a letter from the City of Tavares requesting the Board to issue a Certificate of Need and Necessity to the Physicians and Surgeons Ambulance Service.  This was read and filed in the Minute File for December of 1973.

Mr. Charles Cave of Physicians and Ambulance Service appeared and submitted letters from Mt. Dora, Tavares, Umatilla, Howey-in-the-Hills and the Shockley Heights area of Altoona approving the ambulance service in those areas.

Mr. Landrove with the Health Department appeared and stated the Health Department makes the inspections of the ambulance services and sends the reports to the State, and the State issues the licenses to the ambulance services if they meet the qualifications.

Commr. Windram stated Dr. Langley’s committee is meeting to make recommendations to the Board regarding the County’s ambulance services.  Mr. Cave said there is prejudice against his ambulance service among the Emergency Medical Services Council.

Commr. Carson wanted to go on record by stating the Board will not subsidize Physicians and Surgeons Ambulance Service.

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, discussion was tabled until the Emergency Medical Services Council meets and makes their recommendation to the Board.

roads – county

The Chairman read a letter from the Lake County Engineer to Asphalt Paver, Inc. regarding the hazardous condition of Empire Church Road District Road 2-1213 and asking them to correct the condition.  Mr. Morey reported that there is no cul de sac at the end of District Road 1-4636 and would like a 10’ x 50’ strip to be added to the current resurfacing program.  On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, Mr. Morey’s request was approved.

Commr. Carson presented a request from the residents of Eagles Nest Road for 45 mph speed limit signs and “Children Playing” signs.  On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, a resolution was adopted establishing a 45 mph speed limit on Eagles Nest Road.

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, two “Children Playing” signs were approved to be installed on Eagles Nest Road.  One on the east side of Eagles Nest Road where Lake Unity Road intersects it and another on the west bound side, ½ mile east of the Mathew Cottage sign.

Commr. Windram brought to the Board’s attention another setback problem on Belmont Avenue in Belmont Heights.  The County Attorney stated the owner would have to get a variance to build on his property.  The County Attorney is to check the dedication on the plat.

communications

The Chairman read a letter from the US Department of Agriculture concerning the exchange of land with the First Baptist Church of Salt Springs.  The Church will exchange the land located near Deer Haven Lake for land in Marion County.  This letter was filed in the Minute File for December of 1973.

A letter of resignation was received from Tommy L. Hayes II, as a Trustee member of the Lake Sumter Community College, due to personal health reasons.   It was read and filed in the Minute File for December of 1973.

A resolution from Broward County relating to comprehensive alcohol prevention control and treatment was read and filed in the Minute File for December of 1973.

A resolution from Broward County requesting the legislative delegation to advocate funding the Medical Examiner Office by the State was read and filed in the Minute File for December of 1973.

A letter from Lake Community Action Agency informing the Board that due to illness, Mr. Hinson is no longer Director, and James H. Howe had been appointed Acting Director, assisted by William F. Johnson and Virgil Hawkins, was read and filed in the Minute Folder for December of 1973.

The Chairman read a letter from the Public Defender, Robert Pierce, stating the assistant Public Defender, Irving Morse, will not be able to phase out his private practice by January 1, 1974 and will need the space allocated in the Pioneer Building.

reports

Commr. Hoskinson reported on a bill that is in the legislature right now that will change the appointment of charter study commissions whereby they are appointed by the Board of County Commissioners instead of by the Legislative Delegations.  One other thing that was brought up was the election of the Chairman by the Board of County Commissioners.  The State Association of County Commissioners felt the Chairman should be elected right after the November elections and take office November 1 or December 20.

The Clerk reported on the fuel allocation for Lake County.  He stated that Lake County has no governmental priorities.  The County will get as much fuel in 1974 as it bought in 1972, less whatever cut is announced at the end of each month.  On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Clerk was instructed to determine the County’s position regarding the fuel situation and make the proper allocation to obtain the maximum use of the fuel.

The Clerk checked on the Stepp property in Tavares and was given a price of $13,500 for the building, stock and equipment.  The Clerk is to check on the plat and the square feet involved.

ordinance

The Board discussed an emergency ordinance prepared by the State Association of County Commissioner’s staff and the Governor’s staff regarding the distribution of heating fuel.  Commr. Hoskinson apprised the Board of the conditions of the ordinance and recommended the ordinance be adopted.  It was suggested that the Building Department could handle the forms that need to be filled out.

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the following described ordinance was declared an emergency ordinance:

HOUSEHOLD DELIVERIES OF HOME HEATING FUELS (KEROSENE AND NUMBERS 1 AND 2 BURNER OILS) AN ORDINANCE RELATING TO EXCEPTIONAL HARDSHIP ALLOCATIONS OF HOME HEATING FUELS; DESIGNATING A COUNTY FUEL ALLOCATION OFFICIAL AND PRESCRIBING HIS DUTIES WITH RESPECT TO HOUSEHOLD CONSUMERS AND WHOLESALE DEALERS; REQUIRING WHOLESALE DEALERS TO MAKE DELIVERIES AND REQUIRING ACCURATE RECORDS TO BE MAINTAINED; PROVIDING AN EFFECTIVE DATE AND PROVIDING FURTHER THAT ORDERS FOR DELIVERIES SHALL NOT BE ISSUED AFTER MARCH 31, 1974.

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the above-described emergency ordinance was placed on its first reading by title only.

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the emergency ordinance was approved on first reading by title only.

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the emergency ordinance was placed on second reading by title only.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the emergency ordinance was approved on the second reading by title only.

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the emergency ordinance was placed on the third and final reading by title only.

On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the emergency was approved and adopted on the third and final reading.

Mr. Glenn C. Middleton, Building Official, was designated as the Emergency Fuel Allocation Officer.

On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried, the following described ordinance was declared an emergency ordinance:

AN EMERGENCY ORDINANCE AMENDING THE ZONING REGULATIONS OF LAKE COUNTY, FLORIDA, AS AMENDED BY CHANGING THE TIME REQUIREMENTS ON APPEALS TO THE BOARD OF ZONING APPEALS.

Commr. Carson voted “no.”  The Chairman announced the ordinance was declared an emergency ordinance.

On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried, the emergency ordinance was placed on first reading by title only.  Commr. Carson voted “no.”  The Chairman announced the motion carried.

On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried, the emergency ordinance was placed on second reading by title only.  Commr. Carson voted “no.”  The Chairman announced the motion carried.

On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried, the emergency ordinance was approved on second reading by title only.  Commr. Carson voted “no.”  The Chairman announced the motion carried.

On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried, the emergency ordinance was placed on the third and final reading by title only.  Commr. Carson voted “no.”  The Chairman announced the motion carried.

On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried, the emergency ordinance was adopted on its third and final reading.

road closings

It now being the time advertised for a public hearing regarding the closing of a certain street in Mt. Plymouth.  The Clerk submitted a petition from the residents of the area objecting to the closing of the streets.  A petition approving the closing of the roads was also presented.

Mr. Joseph Mitchell appeared in support of the road closings.

Mr. Glenn Wallace appeared in opposition to the closing and stated that these roads had come before the Board a year ago, and it was denied then.

Mr. Rudy Broker appeared in opposition to the closing.

Fran Wright appeared supporting the road closings.

After discussion and on a motion by Commr. Windram, seconded by Commr. Carson, the roads were closed subject to Mr. Mitchell granting a public easement to provide legal access to a road for Lot #2, Block 106.  Commrs. Hoskinson and Burhans voted “no.”

contracts and agreements

On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Tax Assessor was authorized and instructed to negotiate with James A. Howze and Company for a contract for the 1974 land reassessment at a price of $120,000.  The Tax Assessor is to do the building reassessment.  The County Attorney stated the contract must be approved by the Tax Assessor, Board of County Commissioners, and the Department of Revenue.  Commr. Hoskinson voted “no.”  The Chairman announced the motion carried.

Mr. Ford, County Attorney, said he will be meeting with Mr. Howze and will talk to him about the contract.  The Clerk was instructed to check with the Pinellas County Tax Assessor regarding their contract with Howze and Company on a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously.

commissioners

Commr. Carson had prepared a tentative Committee Assignment list for the Commissioners for 1974.  The new assignments will be effective in January.  The Clerk is to notify all department heads of the reassignments.

road maintenance

The Chairman read a letter from Mr. Clayton Weir, Attorney for the Groveland Cemetery Association, requesting the County to furnish clay and a grader for some road work on the road that leads to the cemetery.  The letter was referred to Christopher C. Ford, County Attorney.

recess and assembly

The meeting adjourned for lunch at 12:00 noon and reconvened at 1:00 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.

reports

The annual report for 1972-73 of the Board of County Commissioners was approved on a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously.

autos and trucks

Mr. Morey, Acting County Engineer, advised the Board that D. C. Waters Ford does not put factory air in their Couriers.  Therefore, they cannot meet bid specifications.  On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, an addendum to the specifications is to be sent to all dealers stating that air conditioning may be dealer installed.

right of way – roads

Mr. Morey stated that there is a problem with the right-of-way on the road that fronts the Edgewood School.  A 50-foot right-of-way is needed to resurface the road, but they will not be able to get that much without encroaching into a grove.  On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the road being resurfaced with a 40-foot right-of-way.

zoning

98-73-1           j. robertson, applicant          cup for a pud for rental mobile home park     cup 434-1

Mr. Willett, County Planner, recommended the CUP for a PUD be approved for one year. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board upheld the Planning and Zoning recommendation and approved the CUP.

395A-4            major realty, applicant       cup for a pud

James Slater, Attorney for Major Realty appeared in support of the rezoning.  The DRI recommendations from the East Central Florida Regional Planning Council is filed with the Board.

The County Attorney recommended the report be reviewed by the Commission before making any decision on this case.

After much discussion, the public hearing for CUP 395A-4 was postponed until January 7, 1974 at 9:00 a.m., and the Clerk was instructed to advertise in the local papers and the Sentinel on a motion by Commr. Carson, seconded by Commr. Burhans, and carried unanimously.

Commr. Williams of Seminole County appeared and stated that this PUD would have local impact on Seminole County.  Commr. Williams requested a representative of the Seminole Commission, Lake Commission, and Major Realty meet and discuss these problems before the public hearing on January 7, 1974.  The Chairman appointed Commr. Hoskinson as Lake County’s representative.

137-73-3         harvey heller, applicant    R-1-7 to c-1

On a motion by Commr. Carson, seconded by Commr. Burhans, and carried unanimously, the case was postponed until February 19, 1974.

148-73-1         joseph swiderski            c-a, A, and r-1-7 to c-2

Mr. Willett stated that eight acres had been dropped from the original acreage.  On a motion by Commr. Carson, seconded by Commr. Burhans, and carried unanimously, the Board upheld the action of the Planning and Zoning Commission, and a CP zoning was approved with the stipulation that the petitioner must come back to the Planning and Zoning Commission for plan approval.

153-73-1         ZOLLIE MAYNARD, ATTORNEY FOR BERNARD GALBREATH              RR TO R-1-15

On a motion by Commr. Windram, seconded by Commr. Carson, and carried unanimously, the Board upheld the recommendation of the Planning and Zoning, and the rezoning was approved.

154-73-1         pearl stallings             rr to r-1-7

On a motion by Commr. Carson, seconded by Commr. Burhans, and carried unanimously, the case was postponed until January 15, 1974.

143-73-1         tom grizzard       a and c-2 to r-3 for mobile home subdivision

The Chairman advised that he has a financial interest in this case and relinquished the chair to the Vice Chairman.

Tom Grizzard, Realtor, appeared in support of the rezoning.

Commr. Burhans moved to overturn the recommendation of the Planning and Zoning Commission and approve the rezoning.  Commr. Hoskinson seconded the motion.  Commrs. Windram and Carson voted “no.”  Since the Chairman did not vote, there was a tie.  The County Attorney stated that in case of a tie, there is no change in zoning.  The Vice Chairman announced the motion did not carry.

Chairman Deems assumed the chair again.

146-73-1         k. robinson           rr to a

On a motion by Commr. Windram, seconded by Commr. Hoskinson, and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and the rezoning approved.

145-73-1         john radtke         rr to a

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and the rezoning approved.

147-73-2         dayton kurtz      r-1-7 to cp

Dayton Kurtz appeared in support of the rezoning.

On a motion by Commr. Carson, seconded by Commr. Burhans, and carried unanimously, the recommendation of the Planning and Zoning Commission was overturned and the rezoning approved for the CP based on the site plan approval.

156-73-2         c. b. ogden             a and m-1 to r-3

Emery Simms appeared in support of the rezoning.

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and the rezoning approved.

157-73-2         c. b. ogden, applicant              m-1 to c-2

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and the rezoning approved.

151-73-2         a. rutledge, applicant           a and m-1 to r-3

Archie Rutledge appeared in support of the rezoning.

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Commission was overturned and the rezoning approved.  Mr. Hoskinson stated that even though the mobile home rental park was out of the urban area, there is still a need for it.

140-73-4         henry haas, applicant            rr to rp

Henry Haas appeared in support of the rezoning.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and the rezoning was denied.

144-73-4         keith gray, applicant            a to mp

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, this case was postponed until January 15, 1974.

152-73-4         john matsche, applicant       a to r-1-15

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and the rezoning approved.

cup 432-4      nick jones, applicant     cup for pud in a

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, this case was postponed until January 15, 1974.

141-73-4         s & K realty, applicant          a to ra

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, this case was postponed until February 19, 1974.

cup 127-3      planning and zoning commission, applicant     revocation of a cup for a mobile home in c-1 zoning district

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and revocation approved.

cup 183-3      planning and zoning commission, applicant      revocation of cup for child day care center in c-1 zoning district

On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the revocation was approved.

cup 175-3      planning and zoning commission, applicant  revocation of a cup for a mobile home in c-1 zoning district

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the revocation was approved.

155-73-1         joseph reese, applicant          rr to r-1-7

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, this case was postponed until January 15, 1974.

136-73-2         alberta fluitt, applicant      rp to r-1-5

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, this case was postponed until January 15, 1974.

bonds

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, firearm bonds for Roy Lee Baker, C. W. (Bill) Rector, and Joseph Castrogiovinni were approved.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, contractor’s bonds for Certificates of Competency were approved for #669 Glenn E. Wright c/o Orlando Industries (cabinet).

tax assessor

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved Certificates of Correction and Error numbered 3445 through 3460 on the 1973 Tax Roll.

hospital

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved admission to A. G. Holley State Hospital for Reuben Ezra Goslow.

chamber of commerce

The Chairman read a letter from the Lake County Chamber of Commerce requesting the purchase of a printing press in the amount of $5,568.08.  No action was taken at this time.

bids

The Clerk submitted a bid or proposal from Mr. Virgil Myers, Carpenter.  To add a room for the secretary in the State Attorney’s office on the fourth floor will cost $400 for labor and material.  This includes shelves for books, but does not include two electrical outlets.  This was a request from Mr. Ken Rast.  The Board would like to check with the State Attorney before proceeding any further.

beverage law

The County Attorney, Mr. Ford, reported on the State Beverage Law.  Alcohol can be served anytime except between the hours of 12:00 midnight and 7:00 a.m. unless otherwise provided by a County ordinance.  The resolution for Lake County can be amended, but will need the legal description of the areas to be included in the resolution.

checks received

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, a check in the amount of $24 was accepted from Emogene Stegall, Supervisor of Elections, for furnishing voter lists.

accounts

Commr. Hoskinson reported that the Resource Survival Committee might have a chance for State funding for the purchase of Horseshoe Island in Lake Harris.  The application calls for an abstract of the island.  This will be sent to Tallahassee along with the application.  An abstract will cost approximately $90.  On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved an abstract for Horseshoe Island in the amount of $90.00.

Emogene Stegall, Supervisor of Elections, requested the purchase of a roller shelf cabinet from Bowen Supply Company at a cost of $409.  The request was approved on a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously.

Commr. Carson requested a telephone be installed in his business office to be used for County business.  The cost will be $52 per month, installed on his telephone system.  On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, Commr. Carson’s request was approved.

Donald Stephens, Tax Assessor, appeared and requested the Board approve the purchase of a four-wheel drive vehicle.  Mr. Stephens has checked with Creamon’s Chevrolet and Cecil Clark Chevrolet.  They have a four-wheel drive vehicle that costs $5,378.  A Scout from Insland Equipment Company is available for immediate delivery at a cost of $5,437.50.  Mr. Stephens needs the vehicle as soon as possible because they are in the middle of reassessing the County.

On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried, the Board approved the purchase of the Scout from Inland Equipment in the amount of $5,437.50 because of the immediate delivery.  Commr. Carson abstained from discussion and voting because of a possible conflict of interest.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the Attorney, Clerk, and any Commissioner to travel to Miami to attend a hearing concerning the Standard of Conduct Laws.  This hearing will be held the first week in January, 1974.

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved the purchase of four doors at the District 3 Barn in Minneola.  The cost is not to exceed $1,100.00.

There being no further business to bring before the Board, the meeting adjourned at 6:10 p.m.

 

 

_________________________________

chairman

 

___________________________

Clerk