A REGULAR MEETING OF THE BD OF COUNTY COMMISSIONERS
AUGUST 20, 1974
A regular meeting of the Lake County Board of County Commissioners met in regular session on Tuesday, August 20, 1974, at 9:00 a.m., in the Commissioners’ Room, Courthouse, Tavares, Florida. The following members were present: James R. Carson, Jr., Chairman, J. M. Hoskinson, Thomas J. Windram, and Glenn C. Burhans. Others present were: James C. Hunter, Deputy Clerk; David Cauthen, Attorney; and Andrea Gambrell, Deputy Clerk. Absent were: C. A. Deems, who was on vacation and James C. Watkins, Clerk, who was away due to illness in his family.
The Invocation was given by Evan Porter, Deputy Clerk, and the Pledge of Allegiance was led by Commr. Carson.
minutes
On motion of Commr. Hoskinson, seconded by Commr. Windram, and carried unanimously by those present, the minutes of July 2, 1974, were approved as amended and copy is on file in the Minute Folder of July 1974.
On motion of Commr. Hoskinson, seconded by Commr. Windram, and carried unanimously by those present, the minutes of July 9, 1974, were approved as amended and copy is on file in the Minute Folder of July 1974.
On motion of Commr. Hoskinson, seconded by Commr. Windram, and carried unanimously by those present, the minutes of July 16, 1974, were approved as amended and copy is on file in the Minute Folder of July 1974.
On motion of Commr. Hoskinson, seconded by Commr. Burhans, and carried unanimously by those present, the minutes of the special meeting of July 19, 1974 were approved as amended and a copy is on file in the Minute Folder of July 1974.
On motion of Commr. Hoskinson, seconded by Commr. Windram, and carried unanimously by those present, the minutes of the special meeting of July 23, 1974 were approved as submitted and a copy is on file in the Minute Folder of July 1974.
On motion of Commr. Hoskinson, seconded by Commr. Burhans, and carried unanimously by those present, the minutes of the special meeting of July 30, 1974 were approved as submitted and a copy is on file in the Minute Folder for July 1974.
On motion of Commr. Hoskinson, seconded by Commr. Burhans, and carried unanimously by those present, the minutes of August 6, 1974, were approved as amended and copy is on file in the Minute Folder of August 1974.
On motion of Commr. Hoskinson, seconded by Commr. Burhans, and carried unanimously by those present, the minutes of the special meeting of August 8, 1974, were approved as amended and copy is on file in the Minute Folder of August 1974.
On motion of Commr. Hoskinson, seconded by Commr. Burhans, and carried unanimously by those present, the minutes of August 13, 1974, were approved as amended and a copy is on file in the Minute Folder of August 1974.
appropriations
The Chairman presented a letter to the Board from the Department of Health and Rehabilitative Services regarding the Legislature appropriating $1.4 million dollars of State funds as reimbursement to counties for the improvement of Medical Examiner services. On motion of Commr Windram, seconded by Commr. Hoskinson, and carried unanimously by those present, the Board designated Mrs. Doris Babb, Deputy in Charge of the Finance Department, to submit invoices to the Division of Health, as outlined in this letter, for reimbursement for the improvement of the Medical Examiner services.
On motion of Commr. Windram, seconded by Commr. Burhans, and carried unanimously by those present, the Chairman was authorized to sign the letter of intent which accompanied the information from the Division of Health and Rehabilitative Services.
public health
Mr. Michael Donoghue, County Engineer, appeared regarding the possibility of establishing transfer stations in Lake County. Mr. Donoghue introduced Mr. Warren Aters, a representative of Peabody Incorporated which distributes E-Z Pack transfer stations. The County Engineer made a presentation which compared the cost, wages and capital outlay between Landfills and Transfer Stations. A copy of this report is on file in the Public Health Folder in the Commissioners’ Office. Discussion was then held.
Mr. Waters presented an informational folder and sketches of the various transfer stations available. Mr. Waters briefly discussed with the Board the counties that are presently using transfer stations and its success.
It was the Board’s decision not to take any action on this matter until the County Engineer attended a Solid Waste Management Workshop in Charlotte, North Carolina, and could report back to the Board his recommendations.
ordinances
On motion of Commr. Windram, seconded by Commr. Hoskinson, and carried unanimously by those present, the Board approved the postponement of the Ordinance readings until 11:20 A.M.
On motion of Commr. Hoskinson, seconded by Commr. Windram, and carried unanimously by those present, Ordinance 1974-4, which defines the density of cluster housing, was placed on first reading by title only as follows:
AN ORDINANCE AMENDING THE ZONING REGULATIONS OF LAKE COUNTY, FLORIDA, AS AMENDED, BY DEFINING THE DENSITY OF CLUSTER HOUSING.
On motion of Commr. Windram, seconded by Commr. Burhans, and carried unanimously by those present, Ordinance 1974-4 was passed on its first reading by title only.
On motion of Commr. Hoskinson, seconded by Commr. Burhans, and carried unanimously by those present, Ordinance 1974-2 regarding Setbacks, was placed for its second reading by title only as follows:
AN ORDINANCE AMENDING THE ZONING REGULATIONS OF LAKE COUNTY, FLORIDA, ORDINANCE 1971-6, BY AMENDING THE STRUCTURE SETBACKS AS FOLLOWS: DELETE “PROPERTY ADJACENT TO STATE; FEDERAL AND COUNTY STREETS, ROADS, OR HIGHWAYS SHALL MAINTAIN A FIFTY FOOT (50) SETBACK LINE FROM THE HIGHWAY RIGHT OF WAY FOR ANY STRUCTURE EXCEPT SIGNS WHICH SHALL MAINTAIN A TWENTY-FIVE FOOT (25) SETBACK,” IN THE FOLLOWING PARAGRAPHS 60.140, 61.140, 62.140, 63.140, 64.140, 645.140, AND 67.140. AND INSERT THE FOLLOWING: “PROPERTY ADJACENT TO STATE AND FEDERAL HIGHWAYS SHALL MAINTAIN A FIFTY FOOT (50) SETBACK ON THE HIGHWAY RIGHT OF WAY FOR ANY STRUCTURE EXCEPT SIGNS WHICH SHALL MAINTAIN A TWENTY-FIVE FOOT (25) SETBACK. PROPERTY ADJACENT TO ROADS OTHER THAN STATE OR FEDERAL HIGHWAYS SHALL MAINTAIN, FOR ANY STRUCTURE, A SETBACK OF SIXTY-TWO FEET (62) FROM THE CENTERLINE OF THE ROADWAYS, OR TWENTY-FIVE FEET (25) FROM THE ROAD RIGHT OF WAY WHICHEVER IS GREATER.” DELETE: IN THE CASE OF EASEMENTS FOR INGRESS AND EGRESS, HOWEVER, STATED THE SETBACK SHALL BE SIXTY-TWO FEET (62) FROM THE CENTERLINE OF SUCH EASEMENT FROM THE FOLLOWING PARAGRAPHS: 60.141, 61.141, 62.141, 63.141, 64.141, 645.141, AND 67.141. AND INSERT THE FOLLOWING; IN THE CASE OF EASEMENTS FOR INGRESS OR EGRESS, WHERE SUCH EASEMENTS HAVE BEEN LEGALLY CREATED, THE SETBACK SHALL BE SIXTY-TWO FEET (62) FROM THE CENTERLINE OF SUCH EASEMENT.
On motion of Commr. Windram, seconded by Commr. Burhans, and carried unanimously by those present, Ordinance 1974-2 was passed on its second reading by title only.
On motion of Commr. Hoskinson, seconded by Commr. Burhans, and carried unanimously by those present, Ordinance 1974-3 regarding Mobile Homes, was postponed until September 3, 1974 at 11:00 A.M.
On motion of Commr. Hoskinson, seconded by Commr. Windram, and carried unanimously by those present, the Board authorized advertisement of Ordinance 1974-6, which requires central sewage facilities to be located 100 feet from any property line and to include a vegetative buffer or decorative fencing.
On motion of Commr. Windram, seconded by Commr. Hoskinson, and carried unanimously by those present, the Board approved advertising the change in Zoning Rules and Regulations under CLASSIFICATION OF USES PROCESS SECTION 69.170 to include the following:
“to consider automotive, sales, rental, repair and storage, not to include junkyards or automobile graveyards”
ATTorneys
Tom Champion, Attorney, representing the Lake Sumter Bar Association, appeared regarding the formation of a Lake County Legal Aid Corporation. Mr. Champion assured the Board that the Bar Association was not requesting any funds, only the Board’s support of the concept of the organization. Mr. Champion stated that this corporation would enable persons to obtain legal assistance who otherwise would not afford such help; he further stated that the Legal Aid Corporation would deal mainly in civil matters.
On motion of Commr. Hoskinson, seconded by Commr. Windram, and carried unanimously by those present, the Chairman was authorized to sign the application for State Matching Funds for this program stating that the concept of the organization had been approved by the Board of County Commissioners.
recess and assembly
The Chairman announced the Board would have lunch at the Silver Lake Golf and Country Club. The press and public were invited to join them on a Dutch-treat basis. The Board will reconvene at 1:30 P.M.
licenses and permits
Mr. Robert Kilgo, investigator for the State Attorney’s office, appeared to briefly review the new applications for the issuing of Gun Permits in Lake County. The Board will discuss this matter in detail at a later date.
animal shelter
Jennie W. Troesch and Elinor B. Yetter, Animal Shelter Volunteers, appeared regarding the licensing of dogs and cats in Lake County and the possibility of having a portion of the license fee be given to a spaying program. They presented a letter endorsing such a program from the following veterinarians: Doctors Heim, Hawthorne, Townsend, Hartfield, Weber, Jones, Young, Peacock and Robertson.
Commr. Hoskinson stated that research was being done on this subject and they would contact them as soon as he had more concrete information.
contracts and agreements
Mr. Donoghue presented to the Board for the Chairman’s signature an authorization form for County trucks to pick up material against the County’s account at Florida Rock Industries mines. On motion of Commr. Burhans, second by Commr. Hoskinson, and carried unanimously by those present, the Chairman was authorized to sign the above mentioned form.
maps and plats
On motion of Commr. Burhans, seconded by Commr. Hoskinson, and carried unanimously by those present, the Board approved the recording of a portion of Hartle Road # 3-1362 on a prescriptive basis and authorized the Chairman to sign the Plat.
license and permits
On motion of Commr. Burhans, seconded by Commr. Hoskinson, and carried unanimously by those present, the Board authorized the Chairman to sign the Special Use Permit permitting Lake County to use the clay pit on National Forest land for the construction of Forest Road 72.
public health
The County Engineer requested that Christopher C. Ford, County Attorney, take legal action on outstanding Landfill debts. Mr. Ford stated that it would be more expensive for the County to take such action because a claim has already been filed against G & B Packers, who have declared bankruptcy.
resolutions
On motion of Commr. Burhans, seconded by Commr. Hoskinson, and carried unanimously by those present, a Resolution was adopted establishing a 25 MPH speed limit on North Road in the Ocala Forest Campsites. The property owners are to pay for the signs.
roads – county
Mr. Michael Donoghue, County Engineer, presented a request from the City of Leesburg for the County to pave the Sunrise Workshop Road from the terminus to the end. On motion of Commr Burhans, seconded by Commr. Hoskinson, and carried unanimously by those present, the Public Works Department was authorized to pave this road subject to the signing of an Interlocal Agreement between Lake County and the City of Leesburg.
On motion of Commr. Hoskinson, seconded by Commr. Windram, and carried unanimously by those present, the Board approved the erection of signs bearing the name Colly Drive outside the city Limits of Tavares on the north end as requested by Mr. Del Woods. This is subject to a $30.00 fee being paid.
Mr. Donoghue reported on the condition of DR 1-4636 on which he was requested to give his recommendation. On motion of Commr. Burhans, seconded by Commr. Hoskinson, and carried unanimously by those present, the Board approved to overlay DR 1-4636 upon the recommendation of the County Engineer. Mr. Donoghue stated that he would suggest that this road be placed on the next resurfacing program.
tax valuation and equalization
James C. Hunter, Deputy Clerk, presented a letter from the Department of Natural Resources requesting the redemption of a Tax Certificate on 7.6 acres of land at Lake Griffin State Park. On motion of Commr. Burhans, seconded by Commr. Windram, and carried unanimously by those present, the Board approved the redemption of this Tax Certificate at a cost of $32.16.
contracts and agreements
On motion of Commr. Windram, seconded by Commr. Burhans, and carried unanimously by those present, the Board authorized the Chairman to sign the Cooperative Equipment Lease between the Division of Forestry and Lake County for the Altoona Volunteer Fire Department.
bonds
On a motion of Commr. Hoskinson, seconded by Commr. Burhans, and carried unanimously by those present, the following Contractor Bonds for Certificates of Competency were approved:
895 – 75 Dwight Stoffel dba Stoffel Plumbing
1209 – 74 Carl T. Faires dba Commercial Pools, Inc.
1210 – 74 Gordon J. Wyman, Sr. (specialty)
On motion of Commr. Hoskinson, seconded by Commr. Burhans, and carried unanimously by those present, the following cancellation of Contractor bonds were approved:
83 James W. McCutheon dba Tropic Builders, Inc.
247 William M. Brown
501 Willard Aldridge dba Florida Mobile Home Accessories
900 Earl Alexander dba Alexander Roofing and Sheet Metal, Inc.
993 Gerald E. Gilbertson
hospitals
On motion of Commr. Burhans, seconded by Commr. Windram, and carried unanimously by those present, the Board approved the admission of Alice Ruth Lee to the A. G. Holley State T. B. Hospital. The Chairman was authorized to sign the necessary forms.
zoning
59-74-1 A to R-1-7
No one appeared in opposition to his rezoning. On motion of Commr. Windram, seconded by Commr. Burhans, and carried unanimously by those present, the recommendation of the Planning and Zoning Commission was upheld and the rezoning approved.
CUP 451-3
Mr. Fletcher Bishop, Mayor of Howey, and Mr. Robert Teller, representing the Lake County Conservation Council, appeared in opposition to the CUP.
Mr. Larry Tuller, Attorney for the petitioner, appeared and spoke in favor of the CUP.
On motion of Commr. Hoskinson, seconded by Commr. Burhans, and carried, the decision of the Planning and Zoning Board was overturned and the CUP was denied. James R. Carson, Jr., Chairman abstained from voting due to a conflict of interest. His disclosure of a conflict of interest is on file in the Minute Folder of August, 1974.
61-74-4 LM to A
On motion of Commr. Hoskinson, seconded by Commr. Burhans, and carried unanimously by those present, the Board postponed this case until October 15, 1974 at 2:00 P.M.
78-74-1 A to R-1-15
No one appeared in opposition to the rezoning. On motion of Commr. Hoskinson, seconded by Commr. Windram, and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and the rezoning approved.
77-42-2 A to LM
No one appeared in opposition to this rezoning. The Planning and Zoning Board recommended the rezoning be changed to MP. The Planning Director, Michael Willett, stated that this met with the approval of the petitioner. On motion of Commr. Windram, seconded by Commr. Hoskinson, and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and rezoning was approved from A to MP.
Cup 453-2 CUP for a PUD in RP
No one appeared in opposition to the CUP. On motion of Commr. Windram, seconded by Commr. Hoskinson, and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and the rezoning approved.
72-74-2 R-1-7 to R-1-5
No one appeared in opposition to this rezoning. On motion of Commr. Hoskinson, seconded by Commr. Windram, and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and the rezoning denied.
79-74-2 R-1-7 to A
No one appeared in opposition to the rezoning. On motion of Commr. Windram, seconded by Commr. Burhans, and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and rezoning approved.
67-74-2 R-1-7 to A
No one appeared in opposition to the rezoning. On motion of Commr. Hoskinson, seconded by Commr. Burhans, and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and rezoning approved.
68-74-5 LM to C-2
No one appeared in opposition to the rezoning. On motion of Commr Burhans, seconded by Commr. Hoskinson, and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and the rezoning was denied.
69-74-5 LM to A
No one appeared in opposition to the rezoning. On motion of Commr. Burhans, seconded by Commr. Windram, and carried unanimously by those present, the Board approved the request of the applicant for withdrawal of his application.
70-74-4 R-1-7 to R-3
No one appeared in opposition to this rezoning. The Planning and Zoning Board recommended the rezoning be changed to R-1-5. Mr. Willett stated that this met with the approval of the applicant. On motion of Commr. Windram, seconded by Commr. Burhans, and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved from R-1-7 to R-1-5.
CUP 452-4 CUP for Airport and related facilities in A
Mr. Ray Bradshaw appeared before the Board in his own behalf. He stated that Mr. Joe Maseda, Department of Transportation, was present as an impartial person to answer any questions the Board or public may have. Mr. Maseda stated that under the present law Mr. Bradshaw will be able to operate a private airport for his own use without a zoning change. Others, however, will be able to use it by invitation only from Mr. Bradshaw.
On motion of Commr. Windram, seconded by Commr. Hoskinson, and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and rezoning was denied.
62-74-3 A to MP
No one appeared in opposition to this rezoning. On motion of Commr. Hoskinson, seconded by Commr. Windram, and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and rezoning was approved.
63-74-2 A to R-1-7
No one appeared in opposition to this rezoning. The Planning and Zoning Board recommended the rezoning be changed to R-1-15. Mr. Willett stated that this met with the approval of the petitioner. On motion of Commr. Windram, seconded by Commr. Burhans, and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and approved the rezoning from A to R-1-15.
76-74-3 RR and A to all A
No one appeared regarding this case. On motion of Commr. Hoskinson, seconded by Commr. Burhans, and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.
66-74-1 R-1-7 to R-1-5
No one appeared in opposition to this rezoning. On motion of Commr. Burhans, seconded by Commr. Hoskinson, and carried unanimously by those present, this case was postponed until September 17, 1974 at 2:00 P.M.
64-74-1 R-1-7 to R-1-5
No one appeared before the Board in opposition to this case. On motion of Commr. Windram, seconded by Commr. Hoskinson, and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and rezoning was approved.
CUP 390-5
Mrs. Ruby Sapp appeared before the Board in her own behalf in opposition to the Planning and Zoning Board’s recommendation for denial.
Due to the time that has elapsed and the difficulties Mrs. Sapp is having in obtaining a clear title to the property, it was the opinion of the Board that this should be denied. Mrs. Sapp would then have time to obtain the title and reapply for a CUP at a later date when she had all the necessary papers in her possession.
On motion of Commr. Windram, seconded by Commr. Hoskinson, and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and the CUP was denied without prejudice and that the filing fee for Mrs. Sapp be waived at the time of her reapplication for a CUP.
71-74-2 A to R-3
No one appeared regarding the postponement of this case. On motion of Commr. Hoskinson, seconded by Commr. Windram, and carried unanimously by those present, this case was postponed until September 17, 1974, at 2:00 P.M.
45-74-2 LM to R-1-5 or R-1-6
Mr. Marshall Morgan appeared before the Board in favor of the rezoning. On motion of Commr. Hoskinson, seconded by Commr. Burhans, and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved to R-1-5, less Blocks 2 and 3.
46-74-2 LM to R-1-5 or R-1-6
No one appeared before the Board regarding this rezoning. On motion of Commr. Hoskinson, seconded by Commr. Burhans, and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and the rezoning approved to R-1-6, less lots 1-18 inclusive.
65-74-1 LM and RR to C-2
No one appeared before the Board in opposition to this rezoning. The Planning and Zoning Board recommended that the rezoning be changed to CP instead of C-2. Mr. Willett stated that this met with the approval of the petitioner. On motion of Commr. Windram, seconded by Commr. Burhans, and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved from LM and RR to CP.
73-74-1 R-3 to CP
On motion of Commr. Windram, seconded by Commr. Burhans, and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and rezoning approved.
74-74-1 A to CP
No one appeared before the Board regarding this rezoning. On motion of Commr. Hoskinson, seconded by Commr. Burhans, and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and rezoning approved.
75-74-1 CP to A
No one appeared before the Board regarding this case. On motion of Commr. Burhans, seconded by Commr. Hoskinson, and carried unanimously by those present, the recommendation of the Planning and Zoning Board was upheld and rezoning approved.
communications
James C. Hunter, Deputy Clerk, presented a letter from the Southwest Florida Water Management District regarding the acquirement of lands in Lake County for the Green Swamp Flood Detention Area Project. The letter was referred to the County Engineer.
The Chairman presented a letter from the Department of Administration regarding the Youth Volunteer Counselor Program. This was referred to the Clerk’s Office.
The Chairman presented a letter from the Department of Health and Rehabilitative Services regarding a program entitled PEACE OF MIND. This program enables runaway children to contact a central agency, which in turn notifies the parents to inform them that their child is alright.
accounts
On motion of Commr. Windram, seconded by Commr. Hoskinson, and carried unanimously by those present, the Board approved travel for Michael Donoghue, County Engineer, to attend a Solid Waste Management Workshop in Charlotte, North Carolina, from September 10-13, 1974.
On motion of Commr. Windram, seconded by Commr. Hoskinson, and carried unanimously by those present, travel was approved for Frank Woodson, MVI Supervisor, to attend the Vehicle Inspection Safety Association Conference in Orlando, Florida, from September 18-20, 1974.
There being no further business to bring before the Board, the meeting was adjourned at 6:45 p.m.
___________________________ ______________________________
Clerk CHAIRMAN