A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

january 21, 1975

The Lake County Board of County Commissioners convened in regular session on Tuesday, January 21, 1975, at 9:00 a.m., in the Commissioners’ Room, Courthouse, Tavares, Florida.  Present were:  J. M. Hoskinson, Chairman; Thomas J. Windram; C.A. “Lex” Deems; and Glenn C. Burhans.  James R. Carson, Jr. notified the Board that he would be detained and would be late for the meeting.  Others present were: Christopher C. Ford, County Attorney and Andrea Gambrell, Deputy Clerk.

The Invocation and Pledge of Allegiance was led by Commr. Thomas J. Windram.

municipal corporations

Commr. Burhans stated that the Town of Paisley is building a new Community Center and that according to State Law the plans must be signed by a licensed architect or engineer.  Commr. Burhans requested that the County help the residents in this area by authorizing Mr. Glenn Middleton, Building Inspector, to draw these plans and that the County Engineer, upon his approval of the plans, affix his signature and seal to the same.  On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the above request.

county property

Commr. Windram stated that the Clerk’s office has received footage assessments from the City of Tavares for hook up of the waste water collection system on property owned by the County.  These were referred to the County Engineer for him to research the legal description and verify that these parcels are owned by the County.

correspondence

The Clerk brought to the attention of the Board a letter from Mr. C. Duncan regarding a piece of property a client of his wishes to purchase.  This was referred to the County Engineer.

machinery and equipment

Commr. Burhans presented to the Board a quotation from the American Airboat Corporation regarding a 15-foot Explorer Airboat with a Lycoming 0540 235 HP motor at a net price of $5,821 with trade-in, which the Mosquito Control Department wishes to purchase.  The Board felt that if the County bought the piece of equipment without a trade-in, the list price might be lower.  Commr. Burhans will report back to the Board later in the day on this matter.

fairgrounds

Michael Donoghue, County Engineer, stated that it would take approximately 200 loads of clay at a cost of $750 to clay the livestock floor at the Lake County Fairgrounds and install a drain.  On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Road and Bridge Department was authorized to do the above-mentioned work at the Fairgrounds.

sheriff

Mr. Arthur Picott of Tavares appeared before the Board regarding a complaint he had regarding the Sheriff’s Department.  Mr. Picott was referred to the State Attorney’s Office on this matter.

deeds

The County Engineer stated that he had received a request from the DOT requesting the County to release Murphy Act Deed 115.  On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the release of Murphy Act Deed 115 except for a reservation of 33 feet from the center line of this road, which is DR 1-4124.

county material

The County Engineer reported to the Board that he had received word from Bob Wade Ford stating that the matter regarding the ownership of the clay on his property had been resolved.  Mr. Ford, County Attorney, stated that Mr. Donoghue should request Bob Wade Ford to send the County a copy of the legal documents proving that this matter has been resolved before the County proceeds to remove any clay from his property.

right-of-way easements

Mr. Donoghue presented to the Board a letter from the Southwest Florida Water Management District requesting that the County does not accept any Dedication of Easements by Peerless Investment Corporation as recorded in O.R. Book 141, page 217, because some of the descriptions fall within the limits of the proposed flood detention area.  This was referred to the County Engineer and the County Attorney for their investigation.

maps and plats

On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Plat of Woodhave meeting all County requirements was approved for recording.  Commr. Hoskinson voted “no.”

courthouse

Mr. Terrell Davis, County Forester, appeared before the Board and stated that he had presented to the Clerk a plan for the moving of the landscape around the Courthouse to prepare for the construction of the new complex.   On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the plan as presented by the County Forester for the moving and saving of the plant life around the Courthouse.

commissioners

Commr. Carson arrived for the Board meeting at 9:50 a.m.

planning and zoniong

Professor Orjan Wetterqvist from the University of Florida appeared before the Board to present to them a study he is doing in the field of Planning and Zoning through the use of computers.  A series of maps were presented which showed what areas are predominantly developed, vegetative systems, wildlife areas, etc.

He stated that in the second half of his study he would be building a computer which would have the capability of taking the rezoning trends of a county and predict what the area, climate, etc. would be in 5, 10, 15, or 20 years if the County continued to follow its present Planning and Zoning policies.

bids

Commr. Hoskinson announced that the opening of the sealed bids advertised for 11:00 a.m. would be postponed until 11:10 a.m.

planning and zoning

Points of discussion from the Board members were the cost of this study when his process is available for the use of any county, the time it would take to compile the necessary data and program it into the computer, and the different variables that this machine and process could produce.

bids

At 10:55 a.m. Mr. Middleton, Building Official, arrived for the opening of the sealed bids for an Electronic Cash Register at 11:00 a.m.

At 11:10 a.m. the Chairman asked the Clerk to read the proof of publication for the Electronic Cash Register to be used in the Planning Department.

The Clerk stated that one bid had been received from the NCR Corp. at $4,525 for one Electronic Cash Register.

Mr. Middleton stated that this machine met the specifications and would service the needs in the Planning Department and assured the Board that this machine had growth capability.

Mr. Watkins, Clerk, stated that his municipal department would need a cash register of this quality and wanted to know if it was possible to get a discount if two were purchased.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the bid from the NCR Corporation was accepted at $4,525 and authorized the necessary transfer of funds from “Salaried” in the Building Department to “Equipment” and authorized Mr. Middleton to investigate the possibility of obtaining a discount if two machines were purchased.

supplies

Mr. Middleton informed the Board that the gasoline was ready to be delivered to the storage tanks at the Bulk Plant in Tavares. He stated that Mr. Kirkpatrick would like to be paid for this gasoline upon its delivery.  On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board authorized the payment of the fuel bill upon delivery.

accounts allowed

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved for representatives in the Planning Department, legal staff and any Commissioner to attend the meeting in Tallahassee on January 27, 1975 regarding DRI Guidelines and Standards.  At this time, the Board also approved for any Commissioner and any legal staff member to attend the meeting in Tallahassee on January 23 and 24, 1975 regarding the Legal Limits on the Regulation of Private Land.

minutes

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the minutes of the meeting of January 7, 1975 were approved as amended.  Amended copy is on file in the Minute Folder of January 1975.

recess and reassembly

At 12:00 noon the Chairman announced that the Commissioners would adjourn for lunch at the Silver Lake Golf and Country Club.  The public and press were invited on a Dutch-treat basis.

insurance

Mr. Bob Boswell, Agent for the Time Insurance Company, appeared before the Board regarding the premium increase on the Group Medical Insurance effective February 1, 1975.

Mr. Boswell briefly went over the increased coverage and the additional benefits which may be added if the County so desires.

Discussion was held.  Mr. Watkins presented to the Board alternatives that had been suggested by his administrative staff.

Commr. Carson moved that the increase on the individual’s policy be absorbed by the County with the additional room benefit to be added at $1.50 per month. This was seconded by Commr. Deems.

The Chairman announced that the advertised time for the Rezoning hearings had arrived and that the Board would discuss this matter later and inform Mr. Roswell of its decision.

planning and zoning

116-74-5   a and rr to rr  royal palm beach

No one appeared before the Board regarding this case.  On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.

400-A-5    cup for a pud

Mr. P.J. Pettyjohn, member of the Planning and Zoning Board, appeared before the Board and stated that the Planning and Zoning Board was told to get this through because the only item under consideration was the legal description of a portion of the property that was omitted the last time this property was brought up for rezoning.  He stated that as a member of the Planning and Zoning Board, he would have liked to have made some comments on this document.

Mr. Donald Chernoff, Attorney for Royal Palm Beach, presented to the Board a revision of Paragraph 10 which he would like used instead of what now exists in the CUP.

It was the feeling of the Board members that such changes should not be made at this time.  Commr. Windram stated that much time and effort had been put into the CUP and that it was the Board’s understanding that everyone was happy with the conditions, and now the Board finds out that everyone is not satisfied and that this information that is now being presented has not been reviewed by the Planning Director, Mr. Michael Willett.

Mr. B.A. Rittmanic, Developer of Royal Trails, stated that the only purpose of this addition is to spell out the intent of the Board.

Mr. Ford, County Attorney, stated that this addition will make the CUP more restrictive.  It was the feeling of the Board that any changes should go through the regular channels.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the Board referred this new information presented by Royal Palm Beach to the Planning and Zoning Board for its review and recommendation.  Commr. Carson voted “no.”

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board stated that this review be made at the next meeting of the Planning and Zoning Board to be held January 29, 1975 at 9:00 a.m. and returned to the Board for its consideration by February 18, 1975 at 2:00 p.m. or as soon thereafter as possible.

127-74-4   c-1 to cp   george cota

Mr. Willett stated that the applicant had withdrawn his petition.  No one appeared in opposition to this withdrawal.  On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the applicant’s request for withdrawal was approved.

130-74-4         c-1 to lm     donald woodward

No one appeared before the Board in opposition to this rezoning.  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 changed to CP.

131-74-1         rr to a         carlton dawkins

No one appeared before the Board in opposition to this rezoning.  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 approved.

132-74-5         a to ra or r-1-5    p & z commission

Mr. Baker appeared before the Board and stated that when the Planning and Zoning Board met, it was right after Christmas, and many people did not attend the hearing; however, many residents were here today in support of the rezoning to R-1-5.  Mr. Willett stated the Planning and Zoning Board wished this area to remain Agriculture but added that it hadn’t been used as Agriculture land for some time.

Mr. Howard Johnson appeared before the Board and stated that he would like the area to remain Agriculture, because that was one of the main reasons why he picked this area in which to live.

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 zoning was changed to R-1-5.

133-74-3         rmrp to r-1-7        p & z commission

No one appeared before the Board in opposition to this rezoning.  The Planning Director stated that the motion to change this zoning failed to pass, and therefore the zoning will remain as RMRP.  On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved for the zoning to remain as RMRP.

134-74-2         lm to a        p & z commission

No one appeared before the Board in opposition to this rezoning.  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.

135-74-5         rmrp to a   p & z commission

No one appeared before the Board in opposition to this rezoning.  Commr. Burhans felt that there should be more representation from the people in that area.  On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, this case was postponed until February 18, 1975 at 2:00 p.m. or as soon thereafter as possible in order for the Planning Department to make sure that all the owners of property in this area have been notified of the rezoning.

136-74-5         r-1-5 to lm      l.t. brennand

Mr. L.T. Brennan appeared before the Board and requested a postponement, because his attorney has been busy and was not able to be present.

At this time, the Chairman asked if there was anyone present that objected to the postponement.  The public that were present regarding this case did not object to the postponement but requested that their comments be heard.

Mr. Willie Ganie appeared before the Board and stated that he represented the people in Umatilla who lived in this area.  He presented to the Board a petition signed by the concerned residents in opposition to this rezoning.

Laurence Ogiste appeared before the Board and stated that he bought a piece of property in this area from Mr. Brennand for future use by his sons should they get married and want a place to settle down.  He stated that rezoning this would make it unsafe to raise little children and would make the area an undesirable place in which to live.

The Chairman asked how many people in the audience felt this way.  There were four hands raised in concurrence with Mr. Ogiste’s statement.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, this case was postponed until February 18, 1975 at 2:00 p.m. or as soon thereafter as possible.

137-74-1         rr to a         p & z commission

No one appeared before the Board in opposition to this rezoning.  On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved.

138-74-3         m-1 to mp    macasphalt corporation

Carter Moore, Attorney, appeared before the Board and presented to them a petition from the property owners in the area opposing this rezoning.  Another resident, Mr. Russell Fatic, appeared before the Board in opposition to the rezoning.  He was concerned about the particles blowing from this area and annoying the surrounding neighbors.

Mr. Hennessey, Pollution Control Director, appeared before the Board and briefed them on the potential pollution possibilities.

Robert A. Johnson of MacAsphalt appeared before the Board and mentioned some of the changes they have made to their operation which would eliminate some of the problems mentioned.

Commr. Hoskinson stated that he was concerned about the weight of the trucks that would be using the road which lies near this property.  He further stated that in his opinion such industries should be on primary roads rather than secondary roads which soon may become the County’s responsibility to maintain.

Commr. Windram stated that this was a beautiful area and didn’t want to see this area destroyed with commercial business, yet did not want MacAsphalt to feel that their company wasn’t wanted in Lake County.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the recommendation of the Planning and Zoning Board was overturned and the rezoning was denied.  Commr. Burhans voted “no.”

139-74-3         rr to r-1-15            claude smoak, jr.

No one appeared before the Board in opposition to this rezoning.  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.

463-5   cup for replacement of a pre-existing church

No one appeared before the Board in opposition to this rezoning.  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 CUP was approved.

377-3   public hearing to consider the conditions of a pud

Mr. Willett stated that this CUP was approved in the Fall of 1972, yet there had been no conditions agreed upon.

No one appeared before the Board in opposition to this rezoning.  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 CUP was approved.

140-74-3         rr to rmrp            ben griffin

Mr. Griffin appeared before the Board and stated that he owned a piece of property that if rezoned would then give him 10.8 acres of property which would comply with the regulations regarding a mobile home park.

Mr. Tom Venson appeared before the Board and stated that he did not object to this mobile home park; however, he did object to rezoning which would enable the park to become larger than it is now.  He stated that the area out there has been RR for years and that to rezone a portion of this land to RMRP would be spot zoning of which he did not approve.

Mr. Hennessey, Pollution Control Director, appeared before the Board and stated that he would like exempted from this rezoning petition that land which lies below the lake.

Michael Willett stated that this park had been platted for 16 trailers and yet there were 21 hooked up, therefore, 5 mobile homes not being legal.  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 denied.

outdoor recreational facilities

Mr. Ed Zagar of the Game and Fresh Water Fish Commission appeared before the Board and introduced Mr. Steve Smith also of the Commission.  Mr. Zagar stated that Mr. Smith would like to talk with the Board regarding the use of the monies received from the fishing licenses to purchase a piece of equipment to be used in a study by the State Game and Fresh Water Fish Commission involving largemouth bass.

Mr. Smith stated that this magnetic wire marking device was very sophisticated and that it had been used in different areas on different fish with great success.  He stated that the State of Georgia had purchased this piece of equipment and had no complaints with its results.  Mr. Smith explained to the Board his study and the part this equipment would play.

It was the opinion of the Board members that it would like to have the comments from the State of Georgia and would like to have a comment from the manufacturer of this magnetic wire marking device as to its guarantee on this equipment.  Commr. Carson stated that he would contact Mr. Smith to find out the person or persons to call to obtain this information and return to the Board with a report.

state agencies

Mr. Evan Porter, Administrative Deputy Clerk, appeared before the Board to report on the status of the CETA II funds and to report on his meeting in Sanford regarding the funds for CETA VI.

Mr. Porter stated that he had been told that everyone eligible for the CETA VI Funds had been contacted and only the City of Leesburg, School Board, Lake Community Action Agency and the Division of Family Services, to whom funds were allocated, responded.  He stated that he had been asked if the County wanted to be the project coordinator for these funds and that due to the fact that he was unable to receive comments from the Board, he did not commit the Board to be the project coordinator for these funds, because the County would be held responsible yet have no control over this money.  This met with the approval of the Board.

Mr. Porter then reported to the Board the status of the CETA II program.  He stated that he had received requests for positions to be filled under this program from the Division of Forestry, Red Cross and the Division of Youth Services.

It was the feeling of the Board members that the Clerk’s office should make sure that all agencies qualified to receive these funds are notified of their availability before any funds are released.  The Board requested that Evan Porter compile all the positions that are or will be requested by the qualified agents and report back to the Board with a proposal on how these funds should be distributed.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board authorized Mr. Porter to make available to the qualified agents the information regarding the $75,000 of CETA II funds that the County has available until June 30, 1975.  Commr. Hoskinson voted “no.”

resolutions

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board adopted a resolution formally naming the island given to the County by Captain Blount as BLOUNT’S ISLAND.

machinery and equipment

Commr. Burhans stated that he had contacted the American Airboat Corporation regarding the cost of an airboat discussed earlier in the day.  He stated that to purchase the boat without a trade-in would cost $8,616 as opposed to $5,821 with the trade-in.  On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board authorized the purchase of a 15’ Explorer Airboat with Lycoming 0540 235 HP motor for the Mosquito Control Department at a cost not to exceed $5,821 with trade-in.

insurance

At this time, the Board resumed the discussion regarding the increase in premium of the group insurance.  The Clerk informed the Board that there was a motion still on the floor that needed to be voted on or rescinded.  Commr. Carson and Commr. Burhans both concurred to rescind their motion which was made earlier in the day.

Points of discussion were the County being unable to use taxpayers’ money for the payment of the increased premium for family policies due to the fact that these dependents did not work for the County, and the fact that the County could not pay 100% of the employees’ share because of cut in revenue sharing funds, therefore, depleting contingency funds entirely.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved for the County to absorb the increased premium rate for the County employees for the basic health policy without adding any additional benefits at this time and that the portion of the increase for dependents on the family policy will have to be absorbed by the employee.

There being no further business to be brought before the Board, the meeting was adjourned at 7:15 p.m.

___________________________

J.M. Hoskinson, chairman

 

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James C. Watkins, Clerk