A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

february 17, 1976

The Lake County Board of County Commissioners convened in regular session on Tuesday February 17, 1976, at 9:00 A.M. in the Commissioners’ Room, Courthouse, Tavares, Florida. Present were: Thomas J. Windram, Chairman; C.A. Deems; Glenn C. Burhans; J. M. Hoskinson; 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 Watkins and the Pledge of Allegiance was led by J. M. Hoskinson.

communications

The Chairman presented to the Board for its information the agenda for the Board of Governors of the Southwest Florida Water Management District meeting to be held on February 17, 1976.

minutes

On a motion by Commr. Deems seconded by Commr. Hoskinson and carried unanimously, the minutes of the regular meeting of February 3, 1976, were approved as amended.

county buildings

Mr. Charles Demko from the American Legion Post #261, appeared before the Board to inform them that the new electrical wiring had been installed as requested. He stated that the County had indicated that it would pay up to $150 for the installation of this wiring and would have the electrician bill the County for its portion of the work.

At this time Mr. Demko stated that the American Legion Post was prepared to enter into the maintenance contract with the County; however, he requested that the paragraph in the agreement stating that the building be kept up to standards or will be returned to the original owners be rewritten. He felt that the original owners may become “picky” and they may lose the building after putting a great deal of work into it. The Chairman stated he felt that the intent was that the building be maintained in such a fashion that it would be safe for public use. Mr. Ford stated that the wording could be changed to make clearer the intent of the agreement. Commr. Hoskinson stated that Mr. Glenn Middleton, Building Official, could look over the building at various times and report to the Board of County Commissioners any hazardous deficiencies.

The Board requested the County Attorney to rewrite that portion of the maintenance agreement between Lake County and the American Legion.

planning and zoning

Mr. A. B. Marshall, Chairman of the Oklawaha Basin Recreation and Water Conservation and Control Authority, appeared before the Board and stated that the Lake County Planning Department has requested that the Water Authority prepare a drainage study for Lake County as required by State law. Mr. Marshall stated that the Water Authority feels that this is its responsibility and would like to enter into an Interlocal agreement with the understanding that the Water Authority will pay for the cost of the study provided the cost is reasonable, if not, the Authority may have to request the County to participate in the cost of the study. With the Interlocal Agreement it would be assured that the end results will be acceptable to both Boards. On a motion by Commr. Hoskinson seconded by Commr. Carson and carried unanimously, the Board approved for the Planning staff to work with the Lake County Water Authority to obtain the necessary drainage study needed and approved for the County to enter into an Interlocal agreement with the Lake County Water Authority for this purpose.

outdoor recreational facilities

Mr. Al Marshall questioned the Board about the jurisdiction regarding the establishment of speed limits on the waterways. The County Attorney stated that it has been his impression that this matter lies within the jurisdiction of the Lake County Water Authority; however, he has never researched the question for a definite answer. The Board requested that Mr. Ford research this matter.

sign material

At this time Mr. Al Marshall informed the Board that in the future when the Water Authority requests assistance from the Board in various ways will be in a reimbursable basis: for example, request for signs or possible maintenance on a particular road leading to a dock or boat ramp. The Board stated that they would be glad to help in any way but reminded Mr. Marshall that the Board would not be able to use County Equipment on any road that was not available for public use.

county vehicles

The Clerk brought to the attention of the Board that some County Vehicles have been junked or used for spare parts and because it was not brought before the Board for approval the property has remained on the insured vehicles list. On a motion by Commr. Burhans seconded by Commr. Deems and carried unanimously, the Board instructed the Clerk to notify each Department Head informing them that no vehicle is to be junked or used for spare parts unless approval is received by the Board of County Commissioners and that upon approval the license tag and keys be surrendered to the office of the Board of County Commissioners.

animals

The Clerk asked the Board if it intended that the Clerk’s Office retain $.50 from the sale of dog tags from the Clerk’s Office. The Board stated that it was its understanding that the Clerk would not charge for this service.

roads-county

Commr. Hoskinson stated that he had been contacted by Mrs. Mary Woodward regarding pine trees which were growing in the middle of the right of way in Villa City. She is inquiring if it would be possible for her to contract with the County to have these trees removed. Mr. Ford stated that since it is not County maintained it is not the County’s problem and that she can obtain a permit from the Engineers Department for permission to work in this particular right-of-way. This was referred to Commr. Deems for his attention.

communications

The Chairman presented to the Board a notification from the Department of Transportation that a public hearing would be held regarding the Astor Bridge on Thursday.

The Chairman presented to the Board a notification from the Department of Transportation that a public hearing would be held regarding the Astor Bridge on Thursday, March 25, 1976 at 7:30 P.M. in the Astor Baptist Church.

roads-subdivisions

Commr. Carson stated that he requested the Public Works Department to compile a cost estimate for requested work on an unnamed, publicly dedicated, road in Hastings Subdivision which is located in his district. He stated that the estimate was $606 for clay, grader and dragline time. On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board approved the above cost estimate and authorized the work to be done subject to the total cost being paid for by the residents and the funds being received by the Finance Department. The Board is under no obligation for the continued maintenance of this road.

communications

Commr. Carson presented to the Board notification from the Department of Transportation regarding a hearing for an airport at Frank’s Farm to be held in the office of Frank’s Precooling on March 4, 1976 at 10:00 A.M.

roads-county

The Chairman presented to the Board a letter form the Lake County Safety Council requesting a signal light at the intersection of Old 441 and Sinclair Avenue in Tavares; and sidewalks and over-head walk-over for pedestrians, cyclists and handicapped at Dixie Avenue in Leesburg. The Board requested that Commr. Carson discuss with Mrs. Newton, Secretary of the Lake County Safety Council, that such requests not only involve State and County funding but also City funding and the Board cannot commit municipal funds. The Chairman requested that Commr. Carson discuss these requests with the proper authority at the Lake County Safety Council.

roads-subdivision

Commr. Windram stated that on February 10, 1976, he had presented to the Board a request from the Sylvan Shores Association to take Greenway Drive into the County maintained system because it was being used as a school bus route. Discussion was held on whether or not the fact that this road is being used as a school bus route constitutes a valid reason for this road to be maintained by the County. Discussion on this matter was postponed until later in the day.

roads-county

Mr. George Smith a representative from the Department of Transportation appeared before the Board to discuss the cash flow involving Lake County’s Secondary Road Fund.

The Board discussed the matter regarding the funds that have been allotted to Lake County for the construction of bridges. Commr. Deems asked if Lake County would lose these funds if it did not absorb the expense for the construction of the recommended approaches. Mr. Smith said it was possible but that the DOT would construct the needed bridges the best they could without the recommended change in approaches before it would allow the funds to be used in another County. Commr. Deems stated that the Board of County Commissioners would be more able to make a decision if it has some idea of the cost for the various approaches. Mr. Smith stated that he would research this request and submit his findings to the Board.

purchasing department

Mr. Glenn Middleton, Purchasing Department, appeared before the Board regarding the possible purchase of gasoline from various suppliers. He stated that he had written to major companies as well as independent dealers regarding this matter and stated that he would have a recommendation for the Board on March 2, 1976.

Mr. Ford, County Attorney, recommended that Mr. Middleton contact the fuel allocation officer in Tallahassee confirming that if the County does buy gasoline from various suppliers it will not affect its allotment in the event of another gasoline crisis. He also suggested that he obtain a written answer from the allocation officer.

recess and reassembly

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

county employees

Mr. Porter, Special Assistant, appeared before the Board to discuss the filling of a position in the Lake Soil and Water Conservation Office and in the Planning Department.

Mr. Porter stated that the County had budgeted $2,000 to absorb the cost of a technician in the Lake Soil and Water Conservation Office for three months. It has been requested that the Board consider funding this as a permanent position. Discussion was held and it was the feeling of the Board members that such a commitment could not be made at this time and directed Mr. Porter to inform the proper authorities that the technician may be hired for the three month period as budgeted; however, if it is desired that this position be maintained by the County on a permanent basis, it would have to be submitted to the Board for consideration during the budget hearings for the 1976-1977 fiscal year.

Mr. Porter stated that Mr. Willett would like to fill the position of Code Enforcement Officer II with a budgeted salary of $8,000. On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board approved the hiring of a qualified person to fill this vacancy subject to the applicant meeting the approval of Commr. Deems.

At this time, Mr. Porter discussed with the Board the hours and cost for manning the Astor transfer station. On a motion by Commr. Burhans seconded by Commr. Hoskinson and carried unanimously, the Board approved for the Astor Transfer Station to be open seven days a week, ten hours a day and approved the employment of two persons to man this station working 35 hours each at $2.35 per hour.

Mr. Porter asked the Commissioners if they want to discuss personally with Mr. Cody the qualifications for the position of Department Head of the Department for which they serve as a liaison Commissioner. The Board members confirmed that this was their intention.

county property

Commr. Hoskinson stated that he had been contacted regarding the moving of a small Badcock shelter house used by school to a piece of property owned by the County due to a change in the school bus stop route in Minneola. Mr. Ford, County Attorney, stated that he saw no problem involved in the request provided the County obtain a Hold Harmless agreement from the appropriate agency relieving the County of any liability while the structure is located on County property. Commr. Hoskinson stated that he would notify the proper agency of the stipulation.

planning and zoning

113-75-4 & 5 rp to a p & z Commission

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 changed to Agricultural.

106-75-5 R-1-7 & C-2 to Lm Roy and Judy Smith

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 Commission was upheld and the rezoning was denied.

classification of uses: Mobile Home in LM Zone

Mr. Willett informed the Board that if it approved this classification it would relate only to the following case. On a motion by Commr. Deems seconded by Commr. Carson and carried unanimously, the Board approved the requested classification of uses involving a mobile home in an LM zone.

cup 506-3 cup for Caretaker Residence James H. Rogers

Mr. Willett stated that the approval of this CUP by the Planning and Zoning Commission was with the stipulation that the mobile home be placed behind the existing building. No one appeared before the Board regarding this case. On a motion by Commr. Hoskinson seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Commission was upheld and the CUP was approved.

1-76-1 RR to R-1-15 Purvis M. Taylor

2-76-1 rmrp to ra k. M. Mackay, Jr.

4-76-1 A to r-1-15 or rr Mr. and Mrs. Ronald J. Colletti

5-76-2 LM to ra Mrs. Betty Watkins

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 to RA.

3-76-3 Site Plan Approval for Caretaker Residence W. B. Langston

Mr. Willett stated that Mr. Langston not only wants a caretaker residence but also wishes to store and sell farm tractors in the MP zone which is the zoning of the property in question. No one appeared before the Board regarding this case. On a motion by Commr. Hoskinson seconded by Commr. Deems and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the request for a caretaker residence was approved but denied the request for the storing and selling of farm tractors.

174A-3 CUP to expand CUP 174-3 Robert B. Morse

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

6-76-3 De-annexed property to rm L. Neal Smith

Mr. William Lay, an adjacent property owner, stated that he bought property in this area for retirement purposes and felt that the development of a mobile home subdivision and the construction of the sewer treatment plant would lower the value of his property. He also stated that the procedure used to de-annex the property should be studied.

Mrs. Dorothy Martin, another adjacent property owner, appeared before the Board and stated that she had tried to cooperate with Mr. Smith by allowing him to remove trees from her property in order to establish a road. She stated that he overstepped the agreement and plowed trees to which she had not agreed.

She also mentioned to the Board that there is water on her property which has never been there before due to this subdivision being developed and was fearful of what may happen to her property in the event a large storm passes through the area. The Board reassured Mrs. Martin that the water problem will probably be eliminated because according to the regulations governing the construction of this subdivision Mr. Smith will be required to provide adequate drainage and to maintain all water runoff on the property in question.

Mr. Tom Dougherty, attorney for Mr. Smith, appeared before the Board and stated that the question involving the de-annexation was in accordance with State Statute. Mr. Ford, County Attorney, discussed this matter with Mr. Dougherty and the Board members after which he stated that in his opinion it seemed the State Statutes were followed in the proper manner. A copy of the de-annexation document was presented to the Board for its files.

On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved to RM.

507-4 CUP for poultry farm in A Lenard D. Asbell, Agent

At this time the Chairman presented to the Board a letter from Mr. and Mrs. Samuel J. Spina objecting to the approval of this CUP.

Mr. George Skinner appeared before the Board and stated that this property had been raided several times for the operation of cock fights. He stated that he would not like such an operation to be allowed in Lake County.

Commr. Windram stated that he had just received a letter from Katherine Stephenson objecting to approval of this CUP.

Mrs. Ruby Keser, representing the Leesburg Humane Society, appeared before the Board and stated that this Society requests the Board to deny the approval of this CUP.

Mr. Lenard D. Asbell appeared before the Board and stated that one of the owners of the property had given him Power of Attorney and that he was here for permission to operate a poultry farm.

Mr. Willett stated that there was evidence that a cock fighting operation existed on this property. Mr. Ford stated that the Board could take this matter under consideration because evidence existed that the County laws were being violated.

On a motion by Commr. Deems seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Board was overturned and the CUP was denied.

roads-subdivisions

The Board resumed its discussion of the acceptance of Greenway Drive in the Sylvan Shores Subdivision into the County maintained system. Further discussion was held on whether or not a road warranted being taken into the County system because it was used as a school bus route. Commr. Carson stated that the County has never objected taking a road into the maintained system as long as it was totally in line with the County Specifications. On a motion by Commr. Burhans seconded by Commr. Carson and carried, the Board accepted Greenway Drive into the County maintained system subject to the County Engineer confirming that this road is up to County Specifications. Commr. Deems voted “no” because he felt that the County should not be responsible for any of these roads because Sylvan Shores could annex into the City of Mount Dora and receive the services for which they are requesting the County.

communications

Commr. Windram presented to the Board from the Lake County Safety Council a request for the County to donate a flag to the Bill Reddy building which will be dedicated on March 26, 1976, at 2:00 P.M. The Board requested the Clerk write to Mrs. Marion Newton at the Lake County Safety Council and inform her that upon the recommendation of the County Attorney the Board will be unable to honor this request.

Commr. Windram presented to the Board a notice regarding the application made by Southern Utilities for an increase in its rates. He requested that the residents of Spring Lake be forwarded a copy of this notice.

county property

Commr. Windram presented to the Board a copy of a letter from the City of Tavares to the County Engineer regarding the hazardous situation which exists from exposed electrical wires at the Tavares Recreational Park. On a motion by Commr. Hoskinson seconded by Commr. Deems and carried unanimously, the Board authorized the County Engineer to remedy this condition immediately.

outdoor recreational facilities

Commr. Windram reminded the Board that last week he had presented to the Board a request from the City of Mount Dora for 12-15 loads of clay to be used on its baseball and softball diamonds. He stated that the request has now been received in writing and that during the week he was informed that the County had a policy of selling clay to the cities at $.475 per cubic yard. Discussion was held. The Board stated that in the past it had assisted other municipalities with recreational facilities and felt that if the clay was going to be used by Mount Dora in the construction or repair of its roads that certainly it should be charged. On a motion by Commr. Burhans seconded by Commr. Hoskinson and carried unanimously, the Board approved the request from the City of Mount Dora for 12-15 loads of clay and requested the Clerk to inform the proper authorities that it is to be used only on the softball and baseball diamonds.

precincts

Commr. Hoskinson stated that the Board requested that he, Mr. Ford and Emogene Stegall research the request made by the City of Eustis and Clermont regarding the establishment of a voting precinct for those residents within its City Limits. He stated that there exists a problem in the manner in which the City of Eustis has established its limit lines and requested that the Board authorize this Committee to meet with the City of Eustis to discuss this problem. On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board authorized for Commr. Hoskinson, Mr. Ford, and Emogene Stegall to meet with the proper authorities of the City of Eustis to discuss its request regarding precincts within its limits.

Commr. Hoskinson stated that Mr. Ford had researched the matter and Clermont’s request was not as difficult to solve and would like Mr. Ford to explain it to the Board. Mr. Ford informed the Board that according to the Statutes the City shall pay for one half of the expenses required to realign precincts unless otherwise agreed between the municipality and the County. Mr. Ford stated that this could be a very large expenditure and because it would benefit the City more than anyone else, the City should absorb the expense.

Commr. Hoskinson stated that he had mentioned this to Mayor Smoak and it was his opinion that this expense should be absorbed by the County. He further reported to the Board that an approximate cost for the changing of these precincts would amount to approximately $3500 with the possibility of having to purchase a voting machine if a new precinct is created. Due to the load in the Elections Office at this time the work involved could not be done this year. Commr. Hoskinson requested the Board’s opinion and guidance on its feelings regarding this matter. It was the Board’s desire that the individuals on the Committee consult with the City of Clermont regarding this request and convey to them that the County would consider accomplishing this change on a 50-50 cost share basis.

ordinances

Commr. Hoskinson stated that he had conferred with the County Attorney regarding an Ordinance amending the Animal Control Ordinance 1975-1 to include a provision for a kennel license. Discussion was held regarding what would constitute a kennel and if those individuals owning hunting dogs would be covered in the kennel provision. On a motion by Commr. Hoskinson seconded by Commr. Carson and carried, the Board approved the advertisement of this Ordinance for March 9, 1976, at 11:00 A.M. Commr. Deems and Commr. Burhans voted “no” because it was their opinion that the Animal Control Ordinance already in existence was adequate and felt that an amendment at this time would only weaken the strength of Ordinance 1975-1.

schools-misc.

Commr. Burhans stated that the request from the City of Eustis for the County to relocate dirt for the construction of two baseball fields and a football field had been studied and recommended that the Board approve for the Road and Bridge crew to put in a maximum of 30 working hours when possible and the work that cannot be accomplished within this amount of time will become the responsibility of the City of Eustis. On a motion by Commr. Burhans seconded by Commr. Carson and carried unanimously, the above recommendation was approved.

communications

Commr. Burhans stated that the newest fad is the stealing of tombstones. He stated that a tombstone of a 15 year old boy who died in 1899 was removed from a graveyard in Orange County and placed in the middle of an unpaved road in District 5. He stated that the County Attorney has informed him that there is a fine of up to $1,000 or one year in jail for the removal, destruction, mutilation, or defacement of a tomb or structure designed as a memorial of the dead. He suggested that the Clerk prepare a news release on the matter discouraging these acts.

bonds

On a motion by Commr. Deems seconded by Commr. Burhans and carried unanimously, the Board approved the following Contractor Bonds:

83-76 James McCutckeon (Tropic Builder)

1144-77 Harry E. Kreeger dba H & D Mobile Home Service

1016-76 William Hartsock dba Leisure Time Pools

On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously the Board approved the cancellation of Contractor Bond 1234-76 for Celeste Joy Ciccarello dba National Masonry, Inc.

licenses and permits

On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried unanimously, the Board approved the Firearm application and $500 Bonds for Sherman Hoover and William J. Gehlbach.

reports

The Board accepted the monthly report of the Traffic and Criminal Departments from the Clerk’s Office.

machinery and equipment

On a motion by Commr. Burhans seconded by Commr. Carson and carried unanimously, the Board approved for two surplus radios to be allocated to the Mount Dora Fire Department for use in its rescue vehicles subject to their agreement that this will be on a loan basis only and they will be responsible for the maintenance of the radios as well as the changing of any crystals.

accounts allowed

On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried unanimously, the Board approved travel for Fred Bollenberg to attend the Annual Mid-year Conference of the State Association of County Commissioners in Pensacola on March 3-6, 1976.

The Clerk stated that Mr. T. Keith Hall, Tax Collector, had contacted him regarding a NCR machine that was no longer needed in the Tax Collector’s Department. He informed the Board that this machine could be used in the Child Support Department and the only cost involved would be the moving of the machine and the cost for placing it in operation to meet the needs of the Clerk’s Office. He reported that the cost would be $1,481.00 plus $513.30 for a maintenance agreement. On a motion by Commr. Burhans seconded by Commr. Carson and carried unanimously, the above request was approved at a total cost of $1,994.30.

roads-county

The Clerk presented to the Board a letter from H. E. Bradley, Chairman of the Board of Trustees of the First Baptist Church of Okahumpka, Florida, requesting a speed zone be established on SR 470 west of the railroad at the intersection of Highway 33 and 470. On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board referred this to the County Engineer to review and recommend to the Board the appropriate procedure to follow.

resolutions

On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board adopted a resolution in honor of Judge Troy Hall to be forwarded to his widow and family.

appointments

Mr. Ford presented to the Board a memorandum regarding the members on the Board of Zoning Appeals. Mr. Ford stated that he understood that the appointment was for a three year period and stated that if the Commissioners wished to consider who they would like to appoint or reappoint on this matter could be taken at the Board meeting in March.

There being no further business to be brought before the Board, the meeting was adjourned at 4:45 p.m.

_____________________________

C.A. “Lex” deems, chairman

__________________________

JAMES C. WATKINS, CLERK