A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

march 18, 1975

The Lake County Board of County Commissioners convened in regular session on Tuesday, March 18, 1975, at 9:00 a.m., in the Commissioners’ Room, Courthouse, Tavares, Florida. Present were: Jim Hoskinson, Chairman; Thomas J. Windram; C.A. Deems; Glenn C. Burhans; and James R. Carson, Jr. 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, Clerk, and the Pledge of Allegiance was led by James R. Carson, Jr.

minutes

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the minutes of the regular meeting of February 4, 1975 were approved as amended. The amended copy is on file in the Minute Folder of February 1975.

civil defense

At this time, the Board discussed the applicants under consideration for the position of the Lake County Civil Defense Director.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried, Donald Quagliotti was selected as the Lake County Civil Defense Director, effective April 1, 1975 at an annual salary of $8,000. Commr. Carson voted “no.”

communications

Commr. Hoskinson read a letter of appreciation from John W. Boyd, Superintendent of the Lake Detention Center, and also a request for approval to hire five additional employees at the Center under CETA VI funds.

sheriff

Commr. Hoskinson presented a letter from John E. Polk, Sheriff of Seminole County, with regards to the funding of the Sanford Crime Laboratory. This was referred to Sheriff Bliss for his attention.

right-of-way – easements

Mr. Donoghue, County Engineer, stated that a representative from the Southwest Florida Water Management Distrist, Mr. W. Siekmann, was present. Mr. Siekmann would like to discuss with the Board Southwest’s request of January 14, 1975 concerning the Board not accepting any easements in the Green Swamp Area from the Peerless Investment Corporation because the Southwest District was in the process of purchasing this land.

Mr. Siekmann stated that these easements were dedicated to the public approximately 15 years ago, yet there is no record of the County ever formally accepting them.

Mr. Dan Robuck, Attorney substituting for the County Attorney, stated that implied acceptance by the County would be applicable in this instance being that the County never questioned these dedicated easements.

Discussion was held. Mr. Robuck stated that after the purchase of the property by the Southwest District, its governing board could petition to vacate these easements through the normal procedure. No further action was taken regarding this matter.

county property

Mr. Donoghue stated that there was a triangular piece of property in the Green Swamp in the NW 1/4 of the SW 1/4 of the NW 1/4 of Section 23, Township 24 South, Range 24 East, for which the Southwest Florida Water Management District would like the County to issue a Quit Claim Deed. The property is described as follows:

Commence at the Southwest corner of the NW 1/4 of said Section 26 and run thence N00 degrees 34’47” East along the West line of said NW 1/4 a distance of 665.09 feet to the POINT OF BEGINNING;

Continue thence N00 degrees 34’47” East, along the West line of said NW 1/4, a distance of 199.11 feet to a point on the Easterly R/W line of Canal C-35;

Thence South 21 degrees 18’49” East, along said Easterly R/W line, a distance of 213.47 feet;

Thence South 89 degrees 50’28” West a distance of 79.61 feet to the POINT OF BEGINNING.

Containing 0.18 acres more or less.

Mr. Robuck stated that there would be no problem in issuing a Quit Claim Deed as long as the County could determine that it is of no use to the County and that it will be for public use.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board declared this piece of land as being of no use to the County and will transfer title of this land to the Southwest Florida Water Management District to help them in the completion of the acquisition of land for the water retention area which will be used for the public.

roads-county

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board adopted a resolution establishing a speed limit of 30 MPH on S-450.

deeds

Mr. Donoghue presented three right-of-way deeds from W. B. Harmon, Dorothy B. Morell, and William & Grace Stosberg for Hull Road, DR 3-1040.

Commr. Hoskinson requested that the owners be notified that these deeds will be recorded but the County may never receive the remaining right-of-way needed to pave this road. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved for the above deeds to be recorded, subject to the Engineer receiving a written statement from the above people stating they understand this road will not be paved unless the remaining right-of-way can be obtained.

roads-county

Mr. Donoghue stated that the right-of-way deeds on Boggy Marsh Road have been recorded and he would like approval to prepare the embankment on a portion of this road. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the above request of the County Engineer.

roads-subdivision

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board accepted into the County maintained system Glen Street in the Padgett-Gray Subdivision.

At this time, the County Engineer stated that he had requested a two-year bond be posted due to the fact that when the road was being paved the sealer was omitted.

roads-county

Mr. Donoghue presented a copy of Lake County’s Five Year Road Program which he will present to the Department of Transportation on March 19, 1975.

Commr. Deems requested that the replacement of the Lisbon Bridge be incorporated in the County’s request. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board placed the reconstruction of the Lisbon Bridge as number 20 on its request schedule to be presented to the DOT on March 19, 1975 in Deland.

landfills

Commr. Hoskinson brought to the attention of the Board that there is a public hearing in Tallahassee on April 15, 1975 at 9:00 A.M. in the Turner Building Conference Room to consider controlled salvaging at sanitary landfills. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board adopted a resolution supporting the change in the regulations of the Department of Pollution Control regarding salvaging at the landfills and authorized Mr. Bill Hennessey, Director of Pollution Control, to attend this meeting.

roads-county

Commr. Windram stated that he had received a letter from Mr. Robert Dunson of Mount Dora concerning the changing of the speed limit on Lake Shore Drive which runs from Tavares to Mount Dora. This was referred to the County Engineer for his attention and recommendation to the Board.

landfills

Commr. Hoskinson brought the attention of the Board to the ever increasing landfill problem that Lake County faces. He stated that the Swiderski property near Sugarloaf Mountain off of SR 561 is still available and that it would be in the best interest of the County if an appraisal would be done for possible purchase of this land by the County for use as a landfill. Discussion was held as to how much land would be bought. Commr. Hoskinson stated the owner was agreeable to selling part of this property provided the County obtain and maintain a public easement leading to the portion of property which the County purchases.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved for an appraisal to be made on 170 acres of land owned by Mr. Swiderski which is located near Sugarloaf Mountain off of SR 561. The Board requested the County Attorney to appoint an appraiser.

outdoor recreational facilities

Commr. Hoskinson stated that he had received more complaints regarding air boats being run on the Palatlakaha Marsh which is south of Highway 50. Commr. Hoskinson stated that the County Attorney has informed him that no trespassing signs could be posted and that the use of this marsh could be obtained through written permission of the Board. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board authorized the Public Works Department to place standard no trespassing signs around the Palatlakaha Marsh, and individuals wishing to use the marsh must obtain written permission from the Board of County Commissioners.

bonds

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the Deputy Sheriff bond for Elizabeth B. Dinkins.

licenses and permits

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the following bonds for gun permits of Samuel Emlich, George White, Jr., and Frederick Ladd, Jr.

accounts

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved travel for Michael Willett to attend the Florida International University 16^th Annual Conference on Planning and Zoning in Tampa, May 21-24, 1975 and approved the payment of advance registration fee in the amount of $50.00.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved travel for any commissioner and Mr. Glen Middleton, Building Official, to attend the Public Hearing of the Florida Board of Building Codes and Standards prior to the final adoption of the minimum State Building Codes in Ft. Lauderdale, March 20-22, 1975.

animals

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the Temporary Agreement between Lake County and Lady Lake with regards to the collection of animals within their city limits and authorized the Clerk to sign same.

appropriations

Commr. Burhans presented the proposed plan for the use of the CETA VI money which is going to be made available to Lake County. The Board requested that Mr. Glyn Faircloth of the State Employment Service be present at this discussion. The Board stated that this matter would be taken up later in the day.

accounts

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the placement of an order by Glen Middleton, Building Official, for approximately $1,000 with H.H. Block and Associates for certification examinations to be given March 29, 1975.

communications

The Clerk presented a letter from Mrs. Nadine D. Foley requesting a purchase from the County of the 30 foot strip of land which is part of the land that Captain and Mrs. Blount deeded to the County. This land is near her property.

The Board requested the Clerk to contact Mrs. Foley and advise her that according to the conditions under which the deed was given to the County, the Board feels that it is unable to sell any of this property.

contracts and agreements

The Clerk presented the contract between Lake County and the Northeast Lake County Hospital District (Ambulance). Commr. Windram requested that no action be taken at this time until he was able to confer with the County Attorney on this matter.

recess and assembly

At 12:00 noon the Chairman announced the Board would recess for lunch at the Silver Lake Golf and Country Club and that the public and press were invited on a dutch treat basis. The Board reconvened at 1:30 P.M.

public health

Mr. Michael Willett, Planning Director, and Mr. Stearman, Assistant Planner, appeared before the Board regarding the 201 Plan for Lake County.

Commr. Windram stated that the Planning Department had received a resolution from the City of Mount Dora requesting Lake County to be the lead applicant for the available grant money. Points of discussion were: the obligation the County would be under to aid in the financing of the 201 Plan; the fact that the only city which needs this plan at this time is Mount Dora and would this municipality be able to bear a large part of the final funding; the possibility of funding this plan on a population basis, that is, the people that would be served by this plan that lived in the County would be the financial responsibility of the County and those living within the City would be the City’s responsibility.

Mr. Thomas Houser, Councilman of Mount Dora, stated that if they did not become a part of the 201 Plan, Mount Dora would have to bear the total cost of implementing this system at a later date. Also, he stated that they had been informed that they would not be eligible for any future federal funding for sewage if this plan was not implemented.

Mr. Hoppee, City Manager of Eustis, briefed those present on the status of the sewer system for Eustis. He stated that possibly participation in the 201 Plan could be achieved on a per capita basis according to the need of each city at a particular time.

planning and zoning

Commr. Hoskinson postponed the rezoning hearings until 2:10 P.M.

public health

At this time, Mr. Stearman confirmed the understanding of Commr. Windram and Mr. Houser by stating that it has been made known that if the 201 Plan is not done there will be no further federal grant money for sewer systems under EPA.

Mr. Bob Pearson, Councilman of Mount Dora, stated that at this time Mount Dora does not need a 201 Plan but did not want to cut off its ability for future funding in this area.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the completion of the 201 Grant Application at a cost not to exceed $3,500 with $1,446 being received from various municipalities and the remainder being supplied by the County.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved for the Planning Department to advertise the acceptance of applications from consultant engineers to complete the 201 Plan Grant Application. The Planning Department must have all applications by 12:00 noon on April 4, 1975. At 3:00 P.M. on April 8, 1975 the Board of County Commissioners will select the five most qualified applicants and a final decision will be made on April 15, 1975 at 10:00 A.M.

planning and zoning

400a-5 cup for pud – royal palm beach colony, inc.

Mr. Robert Tuller appeared and asked if action on this Planned Unit Development should be taken until the Master Land Use Plan for Lake County had been presented by the King Helie Planning Group. Mr. Willett stated that in view of the amount of time that this project has been on the board the Master Land Use Plan would have included this development.

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the recommendation of the Planning and Zoning Board was upheld and the CUP was approved. Commr. Hoskinson and Commr. Burhans voted “no.”

400b-5 amendment to cup for airport – royal palm beach

No one appeared 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 CUP was denied.

8-75-2 a to c-1 – t.d. mcrae

No one appeared regarding this case. On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, this case was postponed until April 15, 1975 at 2:00 P.M. or as soon thereafter as possible.

cup 128-1 consider revocation – p&Z staff

No one appeared 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 CUP 128-1 was revoked.

9-75-2 lm to a – p&z commission

Mr. Don Meyers, representing High Acres, appeared regarding this case and stated that he would have been at the Planning and Zoning meeting but he did not realize, due to the description, which piece of land was under consideration for rezoning.

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 approved.

cup 159a-3 amendment to cup 159-3 – john watson

John Watson appeared 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 CUP was approved.

13-75-5 c-1 & r-1-7 to r-1-6 – p&z Commission

Mrs. Florence Carroll and John Berry of Umatilla appeared regarding this case and were concerned as to whether or not they would be able to continue to operate their business if the zoning was changed.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the rezoning of R-1-7 to R-1-6 with no change in the C-1 zoning.

cup 467-1 cup in rr – bryon herlong

Mr. Morton Aulls, representing the petitioner, appeared and stated the main objective to this CUP was the sewage treatment plant and the number of travel trailers that would be allowed in the area. He stated that his client was willing to lower the number of travel trailers to one trailer per acre of high land. He stated that of the 37 acres involved, there were 15 acres of high land.

Mr. McGregor appeared and addressed the Board with regards to the traffic count.

Mr. Herlong appeared and stated that once the trailers arrived at this camp the people would remain there and would not be traveling in or out of the camp. Also, there would not be more than 15 trailers at the camp at any one time. He further stated that he would deed a 33 foot right-of-way from the center line of the existing roadway, which is Sunnyside Drive.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning Board was overturned and the CUP was approved as amended.

14-75-1 rr to rp – n.j. kimmel

Mr. Kimmell appeared before the Board in favor of the 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.

15-75-5 r-1-7 to rm – james getford

Mrs. James Getford appeared and stated that she was informed that the rezoning she asked for was wrong and would like the opportunity to apply for the proper rezoning.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, this case was referred back to the Planning and Zoning Board for re-advertisement at no cost to Mr. and Mrs. Getford.

434a-1 amendment to cup 424-1 – w. forman and k. lester

No one appeared regarding this case. On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, this case was postponed until April 15, 1975 at 2:00 P.M. or as soon thereafter as possible.

16-75-1 c-1 to c-2 – bob steele

Mr. Richard Sprague appeared before the Board in opposition to this rezoning.

Mr. Steele appeared and stated that he would cooperate with Mr. Sprague in resolving the noise problem, to which Mr. Sprague takes opposition.

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the recommendation of the Planning and Zoning Board was upheld and the rezoning approved. Commr. Windram and Commr. Hoskinson voted “no.”

17-75-2 rp to r-1-5 – olen lewis

10-75-1 rmrp to rr – p&z commission

No one appeared regarding this case. On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, this case was postponed until April 15, 1975 at 2:00 P.M. or as soon thereafter as possible.

11-75-1 rmrp to rr – p&z staff

No one appeared before the Board in opposition to this rezoning. Mr. Willett stated that he had received a letter back from the owner and he was in opposition to this rezoning but gave no indication as to when he would begin to use this land for which it is now zoned.

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

cup 201-3 consideration of revocation – p&z commission

No one appeared in opposition to the revocation of this CUP. On a motion by Commr. Carson, seconded by Commr. Windram and carried, the recommendation of the Planning and Zoning Board was upheld and the CUP was revoked. Commr. Hoskinson voted “no.”

cup 258-3 consideration of revocation – p&z commission

No one appeared regarding the revocation of this CUP. On a motion by Commr. Carson, seconded by Commr. Windram and carried, the recommendation of the Planning and Zoning Board was upheld and the CUP revoked. Commr. Hoskinson voted “no.”

12-75-3 a to rr – nicholas bacon

No one appeared 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.

cup 466-5 cup in a – s.n. knights and sons

ordinances

Mr. Willett presented an Ordinance amending the Zoning Regulations of Lake County.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board adopted Ordinance 1975-2 by title only as follows:

an ordinance amending the zoning regulations of lake county, florida as amended, by changing the section numbers of the planned unit developments section.

planning and zoning

Mr. Vander Meer, a member of the Planning and Zoning Board, appeared to discuss the possibility of allowing the Planning and Zoning Department to approve and administer Administrative CUP’s without them going before the Board for final approval. Discussion was held. No action was taken at this time.

appropriations

Mr. Glyn Faircloth, Department of Commerce Division of State Employment Services, appeared regarding the CETA I, II and VI programs, upon the request of the Board.

He explained each program and its purpose. He stated that CETA I was for training purposes; CETA II was for the Public Service Employment as is CETA VI.

Mr. Faircloth stated that his office would be the best agent to handle these funds because his office is already geared toward State requirements and rules and have dealings with the State Auditors regarding the kind of records that must be kept when handling this money. He further stated that the Board has the option to become a program agent and could then sub-contract with the State Employment Service to be the County’s agent with regards to the CETA VI funds. He would then be responsible for payrolls and record keeping of Title VI money. At this time, Mr. Porter stated that although Mr. Faircloth would be the agent, the County is still responsible for his actions since the County would technically be the agent.

Mr. Faircloth stated his office would process and screen all applicants applying for a position under Title VI funds and refer them to the proper County Department Head for the final hiring decision. He stated that under the requirements for Title VI, the individual seeking employment must meet certain guidelines and his office would be responsible to see that each applicant qualified.

Discussion was held as to the possibility of the different municipalities applying for part of these funds. Mr. Faircloth stated the County would have the final say as to which municipality would receive the funds and the amount that they would receive.

Mr. Porter stated that as the administrative unit it would be the responsibility of Mr. Faircloth’s office to make the cities and non-profit organizations aware of the availability of this money. He further stated that Mr. Faircloth’s office would receive applications from the municipalities and organizations but would present it to the Board for the decision of priority projects.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board authorized the County Attorney to complete the application which would designate Lake County as a program agent for CETA money and to subcontract with Mr. Glyn Faircloth, Department of Commerce-Division of State Employment Services, to be the administrative unit for the County with regards to these funds.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved for the $37,000 being made available to Lake County through Title VI Discretionary Funds to be used to retain the CETA and EEA employees.

autos and trucks

Mr. Fred Bollenberg, Veterans Service Officer, appeared regarding the surplus trucks and automobiles made available to the County by the State. He informed the Board that the State Auditors had been in his office and wanted the County to pull the surplus vehicle being used by the Lake Louise Security Patrol because it was not kept in good operating condition; however, several years ago the County signed the title of this vehicle over to the Lake Louise Security Patrol.

Discussion was held. Mr. Ford, County Attorney, suggested that Mr. Bollenberg write to the State and tell them that he will contact the Lake Louise Security Patrol and request they bring the vehicle up to operating condition or return it to the County if it is serving no useful purpose.

state attorney

The Clerk presented a cost estimate of $150 to add additional space to the office of the State Attorney on the fourth floor of the Courthouse. On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved for additional space to be made on the fourth floor for the State Attorney’s office at a cost not to exceed $200.00.

state agencies

Mr. Watkins stated that he had been contacted by the Division of Youth Services requesting the amount of rent to be charged for the building the Division of Youth Services is renting from the County. Discussion was held. Mr. Ford suggested that the County leave the rent at $625 per month for the coming year. On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the rent of $625 on the building used by the DYS.

There being no further business to be brought before the Board, the meeting was adjourned at 6:35 p.m.

___________________________

J.M. Hoskinson, chairman

__________________________

James C. Watkins, Clerk