A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
december 17, 1974
The Lake County Board of County Commissioners convened in regular session on Tuesday, December 17, 1974 at 9:00 a.m. in the Commissioners’ Room, Courthouse, Tavares, Florida with the following members present: James R. Carson, Jr., Chairman; C. A. Deems; J. M. Hoskinson; Thomas J. Windram; and Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Andrea Gambrell, Deputy Clerk.
The Invocation and Pledge of Allegiance was led by the Chairman, James R. Carson.
commissioners
At this time, Commr. Carson turned over the Chairmanship of the Board of County Commissioners to the newly-elected Chairman, Commr. J.M. Hoskinson.
chamber of commerce
Commr. Windram stated that he had been contacted by the Midger Football League requesting permission to use the Expo Building for their Banquet; however, they would be unable to pay the required fees and were hoping they could be responsible for possibly the set up and take down to alleviate some of the cost. Discussion was held. The Board requested that Commr. Windram contact the Executive Director, J. Carl Smith, to investigate the possibility of working something out.
roads – county
Mr. Donoghue stated that Crystal Harbor has ceased all work on its project and that the paved road which was put in needs attention or serious damage could be done to the road. On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Engineer was directed to look into the matter, and if a responsible party is not available to make the repairs, the County will do the work necessary.
resolutions
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board adopted a resolution establishing a 35 mph speed limit on DR 5- 7991.
roads – subdivision
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the cost estimate of $32 of Skyline Drive in the Forest Hills Subdivision and stated that the money must be received by the County before the work is done.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the cost estimate of Lakeside Drive in the Forest Hills Subdivision with the residents deciding which alternative they wish to take on the repair of the holes from Glen Way east to Lake Mack Drive. The total cost of this work will be paid for by the residents, and the County will be under no obligation for the continued maintenance of the roads.
The County Engineer presented to the Board a request from the Mount Plymouth Volunteer Fire Department regarding the paving of certain roads in their area. The Board requested that they be informed that these roads will be placed under consideration for paving on the next road trip.
courthouse
Mr. Donoghue presented to the Board a request from the Architects to move a fire hydrant on Texas Avenue. He stated that the City of Tavares would do the work if the County paid for it. The Board felt that this would in no way interfere with the construction of the new Courthouse and requested that the County Engineer obtain more information about this matter.
county employees
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved payment of $30 tuition fee for Mr. Ronald Ralph to attend Lake Sumter Community College, provided he sign an employment agreement to work for the County for at least three months upon completion of his course.
roads – subdivision
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upon the recommendation of the County Engineer accepted the roads of the Hill Subdivision into the County-maintained system.
maps and plats
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the plat of South Lake Yale Subdivision, meeting all County requirements for recording.
mvi
Mr. Donoghue requested permission to appoint Mr. Norman Trapish as a full-time maintenance man and to have the County supply him with a car. Discussion was held. Commr. Windram stated that he would like to look into the matter to see if a full-time maintenance man is required, and Commr. Deems will check into the request for an automobile.
deeds
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board denied the request to record the right of way deed for a non-maintained road in Bassville Park because it served no County purpose.
roads – county
Mr. Donoghue presented to the Board a request from the Geophysical Service, Inc. to conduct a Vibroseis Geophysical Survey on the right of way of various Lake County roads. It was the opinion of the Board members that there should be a charge of $100 a mile. Mr. Ford, County Attorney, stated that he saw no problem except for the fact that in their agreement the safety precautions should be in more detail. The Board requested that the County Engineer contact the above-mentioned company to inform them of the Board’s request and report back to the Board.
contracts and agreements
The Clerk requested that the Board consider establishing a policy with regards to Escrow Agreements. A point of consideration was establishing an escrow on a percentage of the entire development rather than on a lot sold percentage. Mr. Ford, County Attorney, stated that a committee should be appointed to look into this situation and report back to the Board with a definite recommendation.
The Chairman appointed Commr. Deems; James C. Watkins, Clerk; Mr. Ford, County Attorney; Mr. Donoghue, County Engineer; and Michael Willett, County Planner to serve on this committee.
outdoor recreational facilities
Mr. Donoghue reported to the Board that several complaints had been received regarding overnight parking in Wayside Park north of Groveland. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board adopted a resolution prohibiting overnight parking in Wayside Park and requested that the appropriate signs be erected.
county property
Commr. Hoskinson stated that it had been reported to him that the overhead doors at the Minneola Barn were not working. He stated that it had been reported to the company many times, yet a representative has yet to come and repair these doors. The Board requested that the County Attorney write a letter to the company regarding this matter.
outdoor recreational facilities
Commr. Hoskinson stated that Mr. Jack Hanna, representing Senator Simms, was present to talk to the Board about the Zoological Society. Mr. Hanna briefed the Board on what the surrounding counties and the state have done to retain this zoo in the area. He stated that any financial help that Lake County could offer would be appreciated. The Board explained that due to the cutback in State Revenue Sharing Funds and the delay in the mailing of the tax bills, Lake County would be unable to financially assist the Zoo in the 1974-1975 fiscal year.
communications
Mr. Robert Fallin of Florida Telecommunications appeared before the Board and gave a presentation of the growth of the Florida Telephone Company.
bids
The advertised time having arrived, the Chairman asked the Clerk to open the bids received for the demolition of the Pioneer Building. Mr. Watkins read the proof of publication, and Jack Jones was present to read the following bids:
Big Chief, Inc. of Fort Lauderdale $6,834.00
Miller Construction of Leesburg $13,353.00
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board referred these bids to the Architects and requested that Mr. Jones report back to the Board later in the day with his recommendation.
courthouse
At this time, Mr. Jones spoke to the Board regarding its action concerning the Prequalifications of Bidders. He suggested that instead of requiring a financial statement from a potential contractor, the board requires that the contractor submit a letter from a bondable agent stating that this contractor can be bonded for $4.2 million.
Mr. Ford, County Attorney, suggested that the Board require this letter from a bonding agent that is rated A+AAAAA stating that this contractor, upon his current net bonding capacity is bondable for the above-mentioned amount.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the amended Prequalifications to Bidders and asked that Mr. Jones submit a copy to the Clerk’s office as soon as they are drawn.
recess and reassembly
The Chairman announced that the Board would adjourn for lunch at the Chateau Restaurant. The public and press were invited on a Dutch-treat basis. The Board will reconvene at 1:00 p.m.
planning and zoning
Mr. Willett, Director of Planning, appeared before the Board and introduced Mr. Lewis Hubner, Attorney, and Mr. Steve Fox from the Division of State Planning Bureau of Land and Water Management who have come to discuss with the Board the Green Swamp as an area of State Critical Concern.
Commr. Hoskinson stated that 98 percent of the people in the area are under Agricultural use, and they are concerned as to whether or not they will have to adhere to many of the regulations as set forth in this Development Code. Mr. Fox stated that according to Section 380, all agricultural areas were exempt. He further stated that they were trying to control the problem of these people selling off their land to persons not in agricultural pursuits.
Commr. Windram stated that the problems will arise from the land that is high and dry when a person tries to develop the land and discovers the regulations he must follow and therefore files suit. Commr. Windram asked who would defend these cases, because it would be a burden to the County. Mr. Fox replied that the Department of State Planning would be the agent defending the suit.
Commr. Carson brought forth the situation where a person wished to build a business, and according to the present code as it now stands, he may only use ¼ of his land, therefore forcing an individual to purchase additional property adjacent to his land in order to develop a business in an area that is not swamp. Commr. Carson stated that he felt this was undue pressure to the citizen.
Commr. Hoskinson stated that the state-owned land was excluded from these regulations and felt that they too should be included and would suggest that they be written into the area to be covered.
It was the opinion of the Board that the area is badly defined and there are areas included in this designation that should not be included.
Commr. Hoskinson wanted to know what would constitute vested rights. Mr. Hubner stated that it would be decided on a case by case basis and that just because you have owned a piece of property for 20 years, this would not mean that the individual would have vested rights. The individual would have had to previously undertaken some development on the previous regulations over the area.
At this time, Mr. Willett stated that he would like to know if the Board would like to hold its public hearing on this within the near future. The Board decided that they would like to discuss the matter a little more and may return to the subject after the rezoning hearings.
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Mr. Richard Langley appeared before the Board regarding this case. He presented to the Board a portion of an abstract on this piece of property which showed that the property in question faced Highway 50. Mrs. Woodward was also present and requested proof of this, because the deed to her property in question included portions of the property to be rezoned. On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Board, and the rezoning was approved.
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No one appeared before the Board regarding this case. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld, and the rezoning was approved.
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Mr. Willett gave a brief outline of the area to be rezoned.
Mrs. Hazil Russel, Mr. Jerry Quimby, and Mrs. Sheldon appeared before the Board in favor of this rezoning.
Mrs. Nancy Horton appeared before the Board and stated that the residents were trying to form a committee in order to make zoning recommendations to the Planning and Zoning Board. She stated that with the holidays coming up, it would be impossible to organize until after the New Year; therefore, she asked if this could be postponed. On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board postponed this case until February 18, 1974 at 2:00 p.m. Commr. Carson voted “no.”
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No one appeared before the Board regarding this case. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board postponed this case until January 21, 1974 at 2:00 p.m.
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No one appeared before the Board regarding this case. On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board postponed this case until January 21, 1974 at 2:00 p.m.
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No one appeared before the Board regarding this case. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.
cup 462-3 cup for a pud
Michael Willett briefed the Board on the changes that had been made in this CUP.
Mr. Larry Taylor appeared before the Board on behalf of the petitioner.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board upheld the recommendation of the Planning and Zoning Board and the CUP was approved. Commr. Hoskinson voted “no.”
cup 460-5 cup for the expansion of a church
No one appeared before the Board regarding this case. On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the CUP was approved.
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No one appeared before the Board regarding this case. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was denied.
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No one appeared before the Board regarding this case. On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.
cup 461-2
The Board expressed concern over the amount of time the mobile home was going to be present at the building site. On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the recommendation of the Planning and Zoning Board was upheld and the CUP was approved with the mobile home being placed at the building site for a period of 90 days. Commr. Windram and Commr. Carson voted “no.”
courthouse
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board postponed the remaining rezoning cases until 4 p.m. in order to allow Mr. Jack Jones to report on his recommendation regarding the Pioneer Building.
Mr. Jones stated that Big Chief was the low bidder and through his inquiries by phone is satisfied that it is a reputable company. He listed a few of the contracts that had been awarded to this company in South Florida.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board awarded the contract for the demolition of the Pioneer building to Big Chief Inc. of Fort Lauderdale with an effective date of January 1, 1975 with a total removal date of February 2, 1975.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board authorized for the Welfare Department to be moved to Leesburg to occupy a portion of the building vacated by the Mental Health Department.
planning and zoning
At 4 p.m. the Board took up the remaining rezoning hearings.
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No one appeared before the Board regarding this case. On a motion by Commr. Windram, seconded by Commr. Deems and carried, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved. Commr. Carson voted “no.”
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No one appeared before the Board regarding this case. On a motion by Commr. Deems, seconded by Commr. Carson and carried, the recommendation of the Planning and Zoning Board was upheld, and the rezoning was approved. Commr. Burhans voted “no.”
128-74 rmrp to rm
No one appeared before the Board regarding this case. On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.
Mr. Willett brought to the attention of the Board the matter of a public hearing regarding the adoption of the Development Code for the Green Swamp.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved advertisement for a public hearing for January 20, 1975 at 10:00 a.m. to discuss the adoption of the Development Code for the Green Swamp area as amended to date.
courthouse
Discussion was held regarding the moving of the fire hydrant as presented to the Board earlier in the day. The Board was informed that in order to save a few trees, this hydrant would have to be moved. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the moving of the fire hydrant in question at a cost not to exceed $150.
roads – county
Mr. Donoghue, County Engineer, stated that he would like authorization to purchase fence posts, because he is ready to move the fences on the A.B. Merrit Road. He stated that he had received a quotation from a company in Valdosta, Georgia who can deliver in ten days; the total price of the posts needed will be $2,775. On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the purchase of fence posts from J.R. Newbern of Valdosta, Georgia at the above-mentioned amount.
public defender
Mr. Watkins, Clerk, reported to the Board that work was being done on the offices behind Lavar’s Barber Shop, and since the Welfare office is being moved to Leesburg, he would like to offer this space to the Public Defender. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved for this space to be available to the Office of the Public Defender.
accounts allowed
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved payment for travel for Fred Bollenbert to attend the County Service Officers Conference at the Carlton Inn in Orlando on November 30, 1974. Commr. Deems voted “no.”
bonds
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the following Contractor Bonds:
843-75 John McDuffie (Masonry)
969-75 Ken O. Smith dba Food Fair Stores, Inc.
1193-75 Norman E. Lewis (Building)
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the cancellation of Bond #577 for Bill Brant dba Brant Brothers.
holidays
The Clerk presented to the Board a list of Holidays for the 1974-1975 fiscal year. He stated that this was in accordance with the Personnel Handbook. These holidays met with approval from the Board, and they are as follows:
WASHINGTON’S BIRTHDAY Monday, February 17, 1975
MEMORIAL DAY Monday, May 26, 1975
INDEPENDENCE DAY Friday, July 4, 1975
LABOR DAY Monday, September 1, 1975
VETERAN’S DAY Tuesday, November 11, 1975
THANKSGIVING Thursday and Friday, November 27 & 28, 1975
CHRISTMAS DAY Thursday, December 25, 1975
NEW YEAR’S DAY Thursday, January 1, 1976
contracts and agreements
The Clerk presented to the Board a revised contract with the State regarding the rental of a County Building for the Division of Youth Services. On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved the revised Contract from the state for increased square footage, but the rent is to remain at $625 per month. Commr. Hoskinson voted “no.”
commissioners
Commr. Hoskinson asked if the County Attorney was going to report on the new APA Administrative Procedures. Mr. Ford, County Attorney, stated that he had read these new procedures and did not feel that it really applied. He suggested that he and a commissioner get together and read through the procedures and report back to the Board. The Chairman appointed Commr. Deems to confer with Mr. Ford on this matter.
suits affecting the county
Mr. Ford stated that a suit was being filed against the County with regards to a car that had been destroyed without proper authorization. He stated that Mr. Henderson, Code Enforcement Officer, was involved but did not have the full details at this time. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board authorized the County Attorney to defend Lake County on sovereign immunity and to obtain more detailed information with regards to the involvement of Mr. Henderson and report back to the Board.
contracts and agreements
Mr. Ford stated that Mr. H.D. Roebuck had researched the lease with Mr. Kirkpatrick and that the County would be responsible for the repairs to the wiring at the bulk station. On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the necessary repairs be made.
There being no further business to bring before the Board, the meeting was adjourned at 6:00 p.m.
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j.m. Hoskinson, chairman
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James C. Watkins, Clerk