A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
june 18, 1974
The Board of County Commissioners of Lake County, Florida, convened in regular session in the Commissioners’ Room of the Courthouse, Tavares, Florida on Tuesday, June 18, 1974 at 9 A.M. with the following members present: James R. Carson, Jr., Chairman; C.A. Deems; J. M. Hoskinson; Thomas J. Windram; Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Andrea Gambrell, Deputy Clerk.
The Invocation was given by James C. Watkins, and the Pledge of Allegiance was led by the Chairman.
MINUTES
On a motion by Commr. Burhans seconded by Commr. Hoskinson and carried unanimously, the Minutes of the Regular Meeting of May 14, 1974, were approved as amended. Amended copy is on file.
On a motion by Commr. Burhans seconded by Commr. Hoskinson and carried unanimously, the Minutes of the Special Meeting of May 20, 1974, were approved as submitted.
On a motion by Commr. Burhans seconded by Commr. Hoskinson and carried unanimously, the Minutes of the Regular Meeting of May 21, 1974, were approved as amended. Amended copy is on file.
On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried unanimously, the Minutes of the Special Meeting of May 22, 1974, were approved as submitted.
On a motion by Commr. Hoskinson seconded by Commr. Windram and carried unanimously, the Minutes of the meeting of December 4, 1973, were approved as amended.
maps and plats
Mr. Donald Stephens, Tax Assessor, appeared before the Board with a letter from a company entitled Real Estate Data Inc. stating they plan to publish a Real Estate Atlas of Lake County and would be willing to pay the $1,500 to the Office of the Lake County Tax Assessor and furnish his office with three (3) sets of the final publication as well as the Aerial Atlas when published. On a motion by Commr. Hoskinson seconded by Commr. Windram and carried unanimously, the Board approved for the Real Estate Data Inc. to photograph copies of the Honeycutt Maps at a fee of $1,500 as offered by REDI plus three sets of the final publication of the atlas which will be updated annually.
county employees
Commr. Carson presented to the Board a letter from the Oklawaha Basin Recreation and Water Conservation and Control Authority requesting the County’s Right-of-Way Agent be permitted to help verify and secure rights of way needed for the Palatlakaha River Watershed Project. This letter was referred to the County Engineer to check on the work load of Mrs. Belcher, County Right-of-Way Agent.
Later in the day Michael Donoghue reported back to the Board and stated that her workload is heavy but that it would be possible to comply with the request. On a motion by Commr. Windram seconded by Commr. Hoskinson and carried, Mrs. Belcher’s services were offered to the Water Authority at no charge for her time. This is subject to her removal from this assignment in the event she is needed in her permanent position, and it is also subject to the Water Authority furnishing transportation and paying any additional expenses that may be incurred. Commr. Deems voted “no.”
communications
Commr. Carson presented to the Board a letter from William R. Kidd, Chairman of the Environmental Affairs Committee of the Ocala-Marion County Chamber of Commerce, thanking Mr. Joseph Hill and Mr. William Hennessey for their assistance in providing background information needed in relation to pollution control at the county level. The Chairman requested that a copy of this letter be sent to Mr. Hennessey and Mr. Hill.
planning and zoning
The Chairman presented to the Board a letter from the Department of Administration stating that the Division of State Planning will transmit to the Administration Commission the Final Report and Recommendations for the Proposed Green Swamp Area of Critical State Concern. It also stated that the local governments and the public will be given ten (10) to thirty (30) days’ notice prior to the Public Hearing in order to prepare testimony to be heard at the hearing.
On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried unanimously, the Board adopted a Resolution requesting that the Public Hearing on the matter of the Green Swamp as an Area of State Critical Concern be held in the area that is to be affected. A copy of this is to be sent to the Legislative Delegation and to the Cabinet.
road closings
Morton Aulls, Attorney, appeared before the Board requesting permission to readvertise the legal description of a portion of Old Eustis-Tavares Road that was closed on July 17, 1973. The owners of the property want an insured title and the Title Company would like a clearer description of the road advertised. On a motion by Commr. Hoskinson seconded by Commr. Windram and carried unanimously, the Board approved the readvertisement of the closing of the Old Eustis-Tavares Road which was approved July 17, 1973.
outdoor recreational facilities
Commr. Burhans brought before the Board a letter and Resolution from the Eustis Chamber of Commerce requesting the Board to consider establishing bicycle paths in the Golden Triangle Area. Commr. Windram stated that the proper approach would be to write to the Eustis Chamber of Commerce stating that the Board has discussed the request but would need the cooperation of the incorporated areas and that they should contact the municipalities involved. If they are interested the Board will be most happy to meet with them about this matter.
firearm bonds
Commr. Hoskinson stated that he had been in contact with the State Attorney’s Office regarding the County process for issuing gun permits. He stated that the State Attorney would have no objection to investigating the applications but that he wanted it clear that ALL would be investigated by his office. On a motion by Commr. Deems seconded by Commr. Windram and carried unanimously, the Board requested that the County Attorney confer with the State Attorney’s Office and return to the Board with a recommendation regarding gun permit applications.
bonds
On a motion by Commr. Windram seconded by Commr. Deems and carried unanimously, the following gun permits were approved:
Kathy McWhorter, Mount Dora – self protection
Carl T. Pendergrass, Groveland – carries large sums of money
On a motion by Commr. Windram seconded by Commr. Deems and carried unanimously, the following contractor bonds were approved:
825-74 Herman Nickell dba Nickell House Movers
1190 Carmino Petracca dba bud’s Carpet and Tile Inc.
On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried unanimously, the Deputy Sheriff Bond for Judith Lynn Byrd and Mary Burton were approved.
salaries
The Clerk reported to the Board on the wage and hour law. He stated that the people who help at the polls during elections are included in this law. They must receive $1.90 per hour and after January 1, 1975, it will be $2.00 per hour.
federal agencies
Mr. Watkins presented to the Board information he had compiled regarding CETA, Comprehensive Employment Training Program. It is a Federal Funded government employment program designed to provide public service category jobs for unemployed people. Congress has given $370,000,000 for this program of which Lake County will receive $228,000. The program should be administered through the Board of County Commissioners; however, the cities are entitled to a portion of the funds. At the present time, the Commissioners discussed having Mr. Glyn Faircloth, Director of the Florida State Unemployment Office in Leesburg administer the program.
The basic requirements of the program are:
1. Salary may not exceed $10,000 per year; 2. The person must be unemployed to 30 days; 3. The person must be a resident of Lake County.
There are no in kind contributions required. The County is requested to establish a goal of placing 50% of the individuals in some form of permanent employment or fill 50% of the jobs available. On a motion by Commr. Deems seconded by Commr. Windram and carried the Board authorized that the necessary application be sent to Tallahassee. Commr. Burhans and Commr. Hoskinson voted “no.”
road and bridge
Mr. Alfred Ponds, Supervisor of Road and Bridge, appeared before the Board regarding a culvert that was placed in Lake Eldorado. The lake has since fallen and the culvert is exposed causing erosion to the land occupied by Mr. Morgan. Mr. Ponds stated that it would be impossible to get a truck through to fix it but would have no difficulty solving the problem if he could use some of the sand on the beach that is there. Mr. Ford, County Attorney, stated that Mr. Morgan did not own the property and that Mr. Ponds would have to receive permission from the owner before he used any of the sand on the property in question. On a motion by Commr. Deems seconded by Commr. Windram and carried unanimously, the Board approved that after the two property owners adjacent to the easement have been contacted and permission had been received for such work to be done the Road and Bridge Department is instructed to extend the culvert into the lake.
road closings
The advertised time having arrived, the Public Hearings on the following Road Closings were held:
Petition to vacate a portion of Central Street in Dora Manor described as:
That portion of Central Street lying between Lot 14, Block C, and Lot 10 Block F, in the plat of Dora Manor as recorded in Plat Book 6, Page 3, in the Public Records of Lake County, Florida.
The Clerk stated that proof of publication had been received. No one appeared in objection to this Road Closing. On a motion by Commr. Windram seconded by Commr. Hoskinson and carried unanimously, the Board approved the closing of the above described road.
Petition to vacate a portion of Second Street in Okahumpka, described as:
That portion of Second Street lying between Lot 9, Block D and Lot 16, Block K, according to the plat of Okahumpka, as recorded in Plat Book 1, Page 38, in the Public Records of Sumter County, Florida.
The Clerk stated that proof of publication had been received. On a motion by Commr. Deems seconded by Commr. Hoskinson and carried unanimously, action was deferred until July 2, 1974, at 9:45. The County Engineer was instructed to research this matter and find out if the closing of the above street would cut off access to buildable property.
Petition to vacate an unnamed lake access in Pine Valley, described as:
An unnamed 20’ wide Lake Access between Lot 15 and Lot 16 in Pine Valley Subdivision, as recorded in Plat Book 16, Page 62, in the Public Records of Lake County, Florida.
The Clerk stated that proof of publication had been received. On a motion by Commr. Burhans seconded by Commr. Windram and carried unanimously, the petition to close the above Lake Access was denied, because no other Public Access to the Lake existed.
county materials
Mr. Michael Donoghue, County Engineer, presented to the Board a request from the Division of Youth Services for a sign to be placed on the Lake Region Juvenile Detention Center. Commr. Burhans moved that the sign be made by the County with its available materials. Commr. Burhans and Commr. Windram voted “yes.” Commr. Carson, Commr. Deems and Commr. Hoskinson voted “no.” The Chairman announced that the motion did not carry.
road and bridge department
The County Engineer presented to the Board a request for the County to take over maintenance of the Park in Shore Acres #4. On a motion by Commr. Deems seconded by Commr. Hoskinson and carried the above request was denied. Commr. Burhans voted “no.”
COUNTY PROPERTY
The County Engineer reported to the Board possible locations for the new communication tower needed by the Sheriff’s Department. At this time James C. Watkins, Clerk, reported that he had been in contact with the Sheriff and that there was a possibility that his Department might acquire use of a suitable communications tower. On a motion by Commr. Windram seconded by Commr. Hoskinson and carried unanimously, the Board authorized, if needed, utilization of a 30’ square piece of property at the Lake County Fairgrounds for a self-supporting tower for the Sheriff’s Department.
public health
Mr. Donoghue, County Engineer, requested permission to transfer Garbage Franchise Permit #30 belonging to P & S to Mr. C. Blount. On a motion by Commr. Burhans seconded by Commr. Hoskinson and carried the above request was approved. Commr. Deems voted “no.”
recess and reassembly
At 12:00 Noon the meeting adjourned for lunch. The Chairman announced that the Commissioners would have lunch at the Silver Lake Country Club, the public and press were invited on a Dutch-treat basis.
state Agencies
Mrs. Nicki Knowles, Supervisor of the Division of Youth Services, appeared before the Board stating that the Department of Health has supplied the Division with a full time psychologist but this is going to be discontinued. Mrs. Knowles stated that the help line program has received funds for the employment of a psychologist which would take care of half of the psychologist’s salary, she asked if the Board would consider paying the other half of the salary. Mrs. Knowles stated that this would enable Lake County to have a psychologist whose time would be divided between the young people Help-Line assists and the juveniles; rather than a person whose time is split among six different counties. Commr. Windram requested Mrs. Knowles to inform him of the next Mental Health Meeting and to contact Judge Huffstetler about this matter.
laws and legislature
The County Attorney reviewed with the Board the new Financial Disclosure Law. On a motion by Commr. Hoskinson seconded by Commr. Windram and carried unanimously, the Board requested that the County Attorney make himself available to guide any County employee this law may pertain to.
meetings
The Clerk informed the Board that the Architects would like to have a meeting with the Board to present the next phase of the new Courthouse Complex. On a motion by Commr. Burhans seconded by Commr. Deems and carried unanimously, the Board set up a meeting with the Architects on July 18, 2974, at 10 A.M.
planning and zoning
27-74-2 Colonial Penn. Inc.
Michael Willett, Planning Director, stated that the applicant withdrew its application for rezoning. On a motion by Commr. Burhans seconded by Commr. Windram and carried unanimously, the Board approved the request of withdrawal.
41-74-2 Elmer Givens
Mr. Willett made a presentation of the area to the Board and stated that there is a need for a commercial zoned area. On a motion by Commr. Deems seconded by Commr. Hoskinson and carried unanimously, the rezoning from A to CP on that land that lies between SR 48 and the Railroad right-of-way was approved for a real estate office, antique shop and variety store with no outside storage.
382A-1 Request to amend CUP382-1 Grace Bible Church
No one appeared in opposition to this CUP. On a motion by Commr. Deems seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the CUP was approved.
47-74-5 R-1-7 to RR Sophia McGuire
No one appeared in opposition to the withdrawal of the applications. On a motion by Commr. Burhans seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the withdrawal was approved.
447-5 CUP in RR Sophia McGuire
No one appeared in opposition to the withdrawal of this application. On a motion by Commr. Deems seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the withdrawal was approved.
49-74-5 R-1-7 to R-3 James H. Powell
Mr. Powell appeared before the Board and requested that the rezoning be approved. On a motion by Commr. Burhans seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning Board was overturned and the rezoning was approved.
50-74-5 R-1-7, LM to C-2 James H. Powell
No one appeared in opposition to this rezoning. On a motion by Commr. Burhans seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.
42-74-5 A to R-1-15 Larry C. Linder
No one appeared in opposition to this rezoning. On a motion by Commr. Burhans seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.
44-74-5 A to RR Carl R. Ludecke
No one appeared in opposition to this rezoning. On a motion by Commr. Burhans seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was changed to R-1-16 at the request of the petitioner, and the Board approved the rezoning.
18-74-5 R-1-7 to R-1-5 George Woolf
No one appeared with regards to this case. On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was denied.
52-74-4 RR-R-1-7 O. H. Roberts
No one appeared in opposition to this rezoning. On a motion by Commr. Windram seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.
51-74-3 A to RP Dow Geiger
No one appeared in opposition to the postponement of this case. On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried unanimously, the Board postponed setting a date for this case until the end of the Public Hearings due to a possible change in date with regards to the Board meeting.
At the end of the agenda the Board decided that the regular meeting date of the Board would not be changed. On a motion by Commr. Hoskinson seconded by Commr. Deems and carried unanimously, this rezoning case was postponed until July 16, 1974, at 2 P.M. or as soon thereafter as possible.
45-74-2 LM to R-1-5 William M. Morgan
No one appeared in opposition to the postponement of this case. On a motion by Commr. Deems seconded by Commr. Burhans and carried unanimously, this case was postponed until August 20, 1974, at 2 P.M. or as soon thereafter as possible.
46-74-2 LM to R-1-5 Celia Mae Pope
No one appeared in opposition to this case. On a motion by Commr. Windram seconded by Commr. Burhans and carried unanimously, this case was postponed until August 20, 1974, at 2 P.M. or as soon thereafter as possible.
54-74-3 A to R-1-6 R. Dewey Burnsed, Agent
No one appeared in opposition to this case. On a motion by Commr. Deems seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was denied.
43-74-2 R-1-7 to A Forrest P. Peterson
No one appeared in opposition to this case. On a motion by Commr. Deems seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.
448-2 CUP for a PUD Ley H. Smith, Attorney for Price Groves
No one appeared in opposition to the withdrawal of this case. On a motion by Commr. Hoskinson seconded by Commr. Deems and carried unanimously, the Board approved the withdrawal of this petition.
48-74-1 RR to A Leon Lewellen (joined by P & Z Commission
No one appeared in opposition to this rezoning. On a motion by Commr. Hoskinson seconded by Commr. Windram and carried unanimously the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.
53-74-1 A to R-3 Tom Grizzard
Mr. James Shea appeared before the Board concerned with the quality of construction that would be done on this property. On a motion by Commr. Deems seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.
449-1 CUP for a PUD in A Drexel Dudley
Mr. Willett presented to the Board a letter received from Mr. Henry Pringle, Attorney for the petitioner, stating that his client would like to withdraw his petition. On a motion by Commr. Windram seconded by Commr. Deems and carried, the Board approved the withdrawal of this petition. Commr. Burhans voted “no.”
Mr. Willett presented to the Board the Planning and Zoning Commission’s decision on offsite signs. On a motion by Commr. Deems seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld with regards to offsite sign policy in C-2.
landfills
Commr. Hoskinson brought before the Board information regarding land that the County could use for landfills. On a motion by Commr. Burhans seconded by Commr. Hoskinson the Clerk was instructed to place an ad in the newspapers stating that a party was interested in buying land near Highway 50 that is high and dry.
schools
Commr. Windram brought before the Board a request from Mr. Jelsma, President of the Sylvan Shores Association, for the County to take over the maintenance of the roads used by the school buses in this subdivision. Commr. Windram requested that the Clerk write to the School Board requesting the routes the buses take and to send a copy of this letter to Mr. Jelsma.
courthouse
The Clerk reported that there is some discrepancy as to the land owned by Mr. C. E. Duncan. The survey the Architects had done does not agree with the EDG survey. This was referred to the County Attorney for his personal attention.
sheriff
Mr. Watkins, Clerk, reported to the Board the information he had compiled with regards to the Cadet Program for the Sheriff’s Department. He stated that he had spoken with Mr. Bob Tanner, Chief Deputy, and they had come to an agreement that the County’s share for this program will not exceed $1,500.00. On a motion by Commr. Burhans seconded by Commr. Hoskinson and carried unanimously, the Board approved the Cadet Program for the Sheriff’s Department.
salaries and wages
The Clerk reported that a Bill had passed the Legislature which states that the employer is responsible for 100% of the contributions to the Florida Retirement System for the employee. The Clerk stated that this should be taken into consideration during the Budget meetings.
county employees
The Clerk presented to the Board the resignation of Mrs. Harriet P. Savage effective June 30, 1974.
tax assessor
On a motion by Commr. Hoskinson seconded by Commr. Windram and carried unanimously, the Certificates of Error and Corrections from the 1974 Tax Roll, numbers 10377 through 10379 were approved.
budget
The Clerk presented to the Board the Sheriff’s request for additional budget funds to the Department of Administration.
contracts and agreements
The County Attorney presented to the Board the Lease with the Division of Youth Services. He stated that they are agreeable to the terms in the Contract but would like to execute the Contract effective July 1, 1974 to June 30, 1975 at $625. On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried the Board approved the Contract as presented by the County Attorney and instructed the Chairman and Clerk to sign the same.
courthouse
Mr. Watkins reported that according to the building schedule of the new Courthouse the Pioneer Building will have to be torn down by January 1, 1974; therefore, the offices in the Pioneer Building will have to be vacated by November 1, 1974. On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried unanimously, notification of the destruction of the Pioneer Building was approved and the Clerk was authorized to investigate the cost of modular units for the relocation of County Departments occupying the Pioneer Building.
soil survey
The County Engineer brought to the Board’s attention that he had received notification from Soil Conservation Service that Mr. Joiner will be unable to continue soil borings. On a motion by Commr. Burhans seconded by Commr. Deems and carried unanimously, the Board approved the contracting of the soil borings.
resolutions
On a motion by Commr. Windram seconded by Commr. Hoskinson and carried unanimously, the Board adopted a Resolution cancelling taxes on certain land required by the City of Eustis for public purposes.
hospitals
Christopher C. Ford, County attorney, reminded the Board that a decision would have to be made regarding the $18,000 from the State for Emergency Medical Facilities. Discussion was held. On a motion by Commr. Hoskinson seconded by Commr. Windram and carried, the Board approved to distribute $6,000 to each of the three tax supported hospitals being Waterman in Eustis, Leesburg General in Leesburg, and South Lake Memorial Hospital in Clermont, to be used for the County Wide Emergency Medical Services System preferably for the purchase of three State approved ambulances to be used by the three ambulance companies. This is subject to the condition that the three hospitals match the $6,000 with funds received from Lake County or local tax revenue received by the respective hospital. If any hospital does not accept these funds they will be returned to the State of Florida; a Resolution was adopted stating same.
accounts allowed
Commr. Carson presented to the Board a request from Glenn Y. Middleton, Building Official, that the Board authorize payment to Block and Associates in an amount not to exceed $1,600 for the examinations they will prepare, proctor and grade in Tavares on June 29, 1974. On a motion by Commr. Hoskinson seconded by Commr. Deems and carried unanimously, the above request was approved.
On a motion by Commr. Burhans seconded by Commr. Hoskinson and carried unanimously, a bill from True-Temp for the repair of the air conditioner in the Sheriff’s Department was approved in an amount not to exceed $3,600.
On a motion by Commr. Burhans seconded by Commr. Hoskinson and carried unanimously, the Board approved the transfer of $3,419.86 from Contingency in the General Revenue Fund to #3322337, “Maintenance of Jail.”
There being no further business to bring before the Board, the meeting was adjourned at 6:30 p.m.
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james r. carson, jr., chairman
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James C. Watkins, Clerk