A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
AUGUST 17, 1976
The Lake County Board of County Commissioners convened in regular session on Tuesday, August 17, 1976, at 9:00 a.m., in Commissioners’ Room, Courthouse, Tavares, Florida. Present were: Thomas J. Windram, Chairman; C.A. Deems, James R. Carson; and Glenn C. Burhans. The Board was informed that Commr. J. M. Hoskinson would be arriving late for the morning session. 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 Commr. C.A. Deems.
minutes
On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously by those present, the Minutes of the meeting of August 3, 1976, were approved as amended.
On a motion by Commr. Burhans seconded by Commr. Carson and carried unanimously by those present, the Minutes of the Special meeting of August 5, 1976 were approved as submitted.
road materials
At this time Commr. Windram presented to the Board a letter from Mr. Bob Andrew, County Engineer, stating that he had reviewed a piece of land which was available for sale, according to Mr. Robul at the Flagship Bank of Tavares, for the purpose of obtaining clay from the property and advised the Board not to purchase the property because there would be a great deal of cost involved in removing the overburden to obtain the clay.
civil defense
Commr. Carson presented to the Board a letter from Mrs. Nancy Sharp requesting the Board to consider her letter as a formal application pertaining to the position of Civil Defense Director. The Board referred this to the Personnel Department.
Commr. Carson stated that he had attended a meeting in Ocala on Disaster Preparedness. At that time Mr. Jim Lawson, Area Coordinator, spoke with him and offered to assist the Personnel Department in reviewing applications for the position of Civil Defense Director as well as assisting in straightening out the paper work in this Department to coincide with State and Federal requirements.
On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously by those present, the Board accepted the offer of Mr. Jim Lawson to assist Lake Count in the organization of the Lake County Civil Defense Department.
At this time Mr. Ford stated that in his opinion he could see no reason why the municipalities could not hold title to surplus vehicles they obtain and felt that the law should be changed.
schools-misc.
Commr. Burhans presented to the Board a request from the Eustis Little League for assistance in grading the Little League Field. On a motion by Commr. Burhans seconded by Commr. Carson and carried unanimously by those present, the Board approved the request and allocated two days of grading time to be provided to the Eustis Little League.
commissioners
At 9:35 A.M. Commr. Hoskinson arrived for the morning session.
BONDS
On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board approved the following contractor bonds:
1445-77 John Per Mar d/b/a Shunshine Plumbing Company, Inc.
1446-77 Harold D. Biggs d/b/a Tahitian Pools, Inc.
licenses and permits
On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board approved the issuance of a palmist permit to Tina Johnson d/b/a Ms. Dela and authorized the Clerk to write the necessary letters.
checks received
On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board accepted funds in the amount of $51.73 from the Supervisor of Elections for voters lists.
hospitals
On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board approved the admission of Thomas Jefferson Hardwick and Monroe Baldwin to the A.G. Holley State Hospital.
accounts allowed
On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board approved travel for Mary Hamner, Lake County Nursing Home Administrator, and Alice M. Newman to attend a Nursing Home Activities’ meeting in Dayton August 29 - September 1, 1976 in the unincorporated areas of Mount Dora, Eustis, Tavares and Leesburg.
reports
On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board accepted the monthly report of Youth Program, Inc.
public health
The Clerk presented to the Board a request for the Board to have a meeting to discuss the proposed charges the County intends to impose on the municipalities for use of its landfills. Discussion was held. The Chairman stated that a special meeting would be held to discuss this matter on Friday, August 20, 1976, at 9:00 A.M. The Board requested the Clerk to telephone every municipality informing them of this meeting and follow it with a letter of confirmation.
resolutions
The Deputy Clerk stated the Sheriff had received a resolution from the Board approving the charge for housing State Prisoners be increased to $15 a day and that it was his understanding that the Board also meant to include Federal Prisoners. On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board amended its resolution to include Federal Prisoners.
planning and zoning
The Deputy Clerk stated that the Planning and Zoning Department has requested the Board establish a time and date for another hearing on the Land Use Plan.
Commr. Hoskinson stated that he had heard of several different ways this plan could be adopted and sent to Tallahassee. Discussion was held.
Commr. Burhans stated that he did not feel that the people realized what was taking place and would not be in favor of sending anything to Tallahassee until he was sure that the people were properly informed about the matter.
It was suggested that the Legislation Delegation should be invited to attend this public hearing on the land use plan as well as establish a workshop session between Don Stephens and the Board members to discuss this matter.
civil defense
Mr. A.C. Myland appeared before the Board to discuss the present status of Lake County’s Disaster Preparedness Department. Points of discussion were who would be in charge in the event a disaster truck Lake County, where were emergency supplies stored, the locations of the various shelters, etc.
The Board explained to those present that the Civil Defense and Veterans Service Officer were combined and, due to the responsibilities involved it was decided to separate the two offices and make them independent departments. Mr. Myland asked if the Board was abreast s to the operations of the Civil Defense Department in the event of an emergency. Commr. Burhans voiced his opinion that the Civil Defense Department needed attention and urged that assistance be obtained to properly organize the Department. He stated that, in his opinion, Mr. Quagliotti was doing a fine job and he was pleased with his service and performance.
The Board stated that Mrs. Valentine, Secretary in the Civil Defense Department, had a complete file and could provide anyone interested with any information that was requested concerning Lake County’s Civil Defense Operation.
It was requested that the Board hold a night meeting to discuss the Civil Defense operation of Lake County with the public. The Board stated that they would be available to attend any meeting to which they were invited.
Mr. Myland sated that the Board had answered his questions and thanked the Board for allowing him to appear before them. The Board asked if there was anyone in attendance that wished to present comments to the Board on this matter. There was no response.
recess and reassembly
At 11:00 A.M. the Chairman announced that there would be a 10 minute recess. The meeting reconvened at 11:25 A.M.
county employees
Mr. Porter, Special Assistant to the Board, presented to the Board for discussion the policy of a six month probationary period. He stated that a few problems have arisen on the matter and he requested clarification involving the Board’s wishes on this subject. He explained why he felt it was best to maintain the policy of a six month probationary period for everyone. Discussion was held. It met with the Board’s approval to maintain the probationary period at a six month time period.
Mr. Porter stated that Mr. Bob Andres, County Engineer, had requested permission to fill the vacancy of Area Maintenance Foreman at a salary of $9,840 and Shop Foreman at a salary of $10,000 a year. On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board approved advertisement and employment in regard to the above mentioned positions.
Mr. Porter presented to the Board the status involving the applications received to fill the vacancy of Road Superintendent. At this time Mr. Andrew appeared before the Board and stated that the applications had been narrowed to two applicants, Mr. Ed Duvall and Mr. Bob Ward. Discussion was held.
ordinance
At 11:45 A.M. the Chairman announced that the time had arrived for the Board to consider a scheduled Ordinance. The Clerk requested that the Ordinance be postponed. On a motion by Commr. Hoskinson seconded by Commr. Deems and carried unanimously, the Ordinance pertaining to the fees the Clerk’s Office would charge for performing a wedding ceremony was postponed.
county employees
The Board resumed discussion on the vacancy of Road Superintendent. On a motion by Commr. Hoskinson seconded by Commr. Carson and carried unanimously, the Public Works Director was authorized to employ a person to fill the vacancy of Road Superintendent, meeting the necessary qualifications, at a salary of $14,040 as stated in the Pay Plan.
roads-SUBDIVISION
Mr. Andrew appeared before the Board and briefed them on the status of the problem which had been encountered with Royal Trails as discussed on August 5, 1976. He stated that he feels the problem can be solved because there will be a triple surface treatment instead of a double surface treatment which exceeds the County Specifications. He stated that someone from the Engineer’s Department will be present to check the road during its construction.
At this time Mr. Ford, County Attorney, stated that he had spoken with representatives from Royal Trails and they had agreed to unlock the gate which was erected across DR 4-7991. Mr. Ford stated that Royal Trails does not wish to enter into another lawsuit and he feels that the gate may eventually be removed completely.
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 to attend on a Dutch-treat basis.
planning and zoning
CLASSIFICATION OF USES IN C-1 AND R-1-7
rezoning 44-76-2 c-1 and 4-1-7 TO m-1 Dewey Burnsed
At this time it was stated that a letter had been submitted by the Attorney representing Mr. Barcus requesting that the case be postponed due to the death of Mr. Barcus. On a motion by Commr. Carson seconded by Commr. Hoskinson and carried unanimously, this case was postponed until November 16, 1976 at 2:00 P.M. or as soon thereafter as possible.
CLASSIFICATION OF USES in R-1-7
cup 532-2 cup in r-1-7 Phil S. Bradley
Mr. Bradley appeared before the Board to object to the restrictions which were placed in the CUP by the Planning and Zoning Board prohibiting him from renting or selling the property in question.
John Coniglio, Attorney representing John W. Booth, appeared before the Board and state that his client had no objection to the CUP provided the restrictions remained; however, if the Board was considering altering the CUP he would request that it be returned to the Planning and Zoning Board in order for his client to voice his objection involving the situation.
At this time Mr. Ford stated that his opinion was the same as it was one month ago. He felt that the Board could not restrict the owner from renting the property but could state that if the property was ever sold it had to be placed on the market as a total parcel and could not be subdivided in any way.
Norman Cummins, Attorney and resident in the area, appeared before the Board and stated that he was not in favor of any additional multi-family dwellings in this area. He further stated that Mr. Bradley has indicated that he wants to eventually live in the home he plans to built yet there is a “For Sale” sign on the property in question.
It was also brought to the Board’s attention that every property owner within 150 feet of the property under discussion had not been notified of the proposed plans for this property. Mr. Ford stated that this may present a problem.
Mr. Bradley stated that he would agree to sell the property as a whole parcel but would not agree to the restriction which would prohibit him from renting the property.
On a motion by Commr. Deems seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning Board was overturned and the CUP was denied without prejudice.
cup 526-2 cup in R-1-5 St. John Baptist Church
Mr. Roy Christopher, Attorney, appeared before the Board and requested a postponement of this case to allow the parties involved to properly clear up a matter regarding ownership of the land in question.
On a motion by Commr. Deems seconded by Commr. Carson and carried unanimously, the Board postponed this case until September 21, 1975 at 2:00 P.M. or as soon thereafter as possible.
rezoning 67-76-4 a to R Robert S. Reed
No one appeared before the Board regarding this case. On a motion by Commr. Carson seconded by Commr. Hoskinson and carried, the recommendation of the Planning and Zoning Board was upheld and the rezoning was denied. Commr. Burhans voted “no.”
cup 538-4 cup in a Thomas J. Letournean, Jr.
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.
rezoning 73-76-3 Site Plan Approval Fla. Made Dore Mfg. Co.
Mr. Willett, Director of Planning, stated that the applicant had withdrawn this petition.
rezoning 71-76-3 a to ra Charles E. Norris
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 Board was upheld and the rezoning was approved to RA.
rezoning 66-76-3 rr to rmrp Roland E. Green
Mr. A. T. Vinson and adjacent property owner appeared before the Board and stated that the Board denied the rezoning of this property about one year ago and he did not feel that the circumstances had altered enough to consider rezoning it again. He also stated that one year ago the property was only five acres and now it is described as 10 acres, he stated that in his opinion there has been filling conducted on the property without the proper permits.
The Board stated that this property has been in violation and that it would be of benefit to everyone concerned if it could be brought into compliance in some way in order for the owner to maintain it in a proper fashion so that the mobile homes already located on the property would not deteriorate and become an eyesore to the entire neighborhood.
Mr. Stan Galuska an adjacent property owner appeared before the Board and stated that he agreed with Mr. Vinson that the only change that has taken place involving the property was its ownership and did not feel that was sufficient enough reason for the Board to change it opinion and rezoning the property to RMRP. He also stated that Mr. Green bought the property with the knowledge that problems were involved.
Mr. Green appeared before the Board and stated that he would like to maintain it in a proper manner but unless he was allowed to expand the number of facilities already there it would not be financially possible to maintain the park as it now exists.
It was moved by Commr. Hoskinson that the recommendation of the Planning and Zoning Board be upheld and the rezoning be approved to RMRP, this was seconded by Commr. Carson. Commr. Burhans, Commr. Windram and Commr. Deems voted “no.” Commr. Hoskinson and Commr. Carson voted “yes.” The Chairman announced that the motion did not carry and RMRP zoning was denied.
cup 536-3 cup in rr Roland E. Green
It was moved by Commr. Hoskinson to uphold the recommendation of the Planning and Zoning Board and approve the CUP, this was seconded by Commr. Carson.
At this time Mr. George Hovis, Attorney for Mr. Green, stated that his client had worked very closely with the Planning Department in proceeding to bring this property into compliance with the regulations so that it would be maintained in a proper fashion both for the area and for the benefit of his client.
Mr. Green stated that according to his calculations it would take approximately 70 mobile homes and/or travel trailers to make it financially possible to operate this park.
Points of concern were the number of mobile homes proposed for the property and the space available for construction of a waste disposal plant. Further discussion was held.
At this time Commr. Hoskinson withdrew his motion and Commr. Carson withdrew his second involving the motion that was on the floor at this time.
It was moved by Commr. Deems that the Board that the Board rescind its motion which denied the rezoning of the property to RMRP in Case #66-76-3. Commr. Windram removed himself as Chairman, turned the Chairmanship over to Commr. Deems, Vice Chairman, which enabled Commr. Windram to second the motion. Commr. Deems called for the question. The vote was taken and the motion carried which rescinded the Board’s action which denied the rezoning in Case #66-76-3. Commr. Burhans voted “no.”
Commr. Windram returned to his position as Chairman. 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 in Case #66-76-3 was approved. Commr. Burhans voted “no.”
On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the recommendations of the Planning and Zoning Board was upheld and the CUP was approved with the elimination of 2-C and changing item D to read: “Spaces for mobile homes and travel trailers or a combination thereof, not to exceed a total of fifty (50).”
recess and reassembly
The Chairman announced that there would be a five minute recess.
cup 537-1 cup in rr Rev. Fred N. Paddock
No one appeared before the Board in opposition to this rezoning. 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. Commr. Carson was absent for the vote.
rezoning 72-76-1 rr to a p & z Commission
No one appeared before the Board regarding this case. On a motion by Commr. Deems seconded by Commr. Burhans and carried, the recommendation of the Planning and Zoning Board was upheld and the rezoning was changed to Agricultural. Commr. Carson was absent for the vote.
rezoning 68-73-3 rr to 4-1-15 w. Brunson Gibson
No one appeared before the Board regarding this case. On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried, the recommendation of the Planning and Zoning Board was upheld and the rezoning was changed to R-1-15. Commr. Carson was absent for the vote.
rezoning 69-76-2 r-1-7 to r-1-5 Lenora Little
No one appeared before the Board regarding this case. On a motion by Commr. Deems seconded by Commr. Burhans and carried, the recommendation of the Planning and Zoning Board was upheld and he rezoning was approved to R-1-5. Commr. Carson was absent for the vote.
classification of uses for Glass Mfg Company J. Carlisle Rogers
No one appeared before the Board regarding this case. On a motion by Commr. Deems seconded by Commr. Burhans and carried, the Board approved the above classification of use in M-1 zone.
commissioners
At 5:10 P.M. Commr. Carson returned to the meeting.
rezoning 70-76-2 a to m-1 J. Carlisle Rogers
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 rezoning was changed to M-1.
ordinances
At this time Mr. Willett presented to the Board a proposed Ordinance for their consideration and approval. On a motion by Commr. Deems seconded by Commr. Carson and carried unanimously, the Board postponed this Ordinance until 10:30 A.M. September 7, 1976.
county employees
Mr. Porter informed the Board that with the promotion of Mr. Duvall to Road Superintendent the position of Sign and Survey Supervisor was left vacant. On a motion by Commr. Deems seconded by Commr. Hoskinson and carried unanimously, the Board authorized the position as stated above to be filled at the annual salary in accordance with the Pay Plan.
Mr. Porter stated that with Union Negotiations it is becoming more difficult for him to take care of the Employees grievances and requested permission for Harry Spooner to assume additional responsibility in this field of labor activity on behalf of the County. He stated that the County would have to absorb that portion of Mr. Spooner’s salary presently being paid by CETA for the time he spends doing work on behalf of the County. He also requested that a secretarial position be created to help with the load of accepting and testing applicants interested in a position with the County. Commr. Deems stated that he would like the secretarial position to be funded through CETA because he felt that there could be some streamlining done in the Personnel Department and it would be easier to eliminate a CETA position than a newly created County position.
On a motion by Commr. Burhans seconded by Commr. Deems and carried unanimously, the Board authorized a CETA Position be filled in the Personnel Department.
On a motion by Commr. Hoskinson seconded by Commr. Carson and carried unanimously, the Board approved the purchase of one desk, one chair and one typewriter for the CETA Employee in the Personnel Department.
On a motion by Commr. Hoskinson seconded by Commr. Carson and carried unanimously, the Board approved Mr. Porter’s request for Harry Spooner to assist him in Labor Relations by accepting grievances from the County Employees and approved that when he is working on CETA matters that portion of his salary be paid from CETA Funds and the County will be responsible for paying that portion of his salary for the time he spends on County business. The Board approved for the necessary transfers to be made in relation to the above actions.
county employees
Mr. Porter stated that the position of Animal Control Officer had been filled and requested that the Board approve an annual salary for this position of $6600 for the remainder of the year. On a motion by Commr. Hoskinson seconded by Commr. Deems and carried unanimously, the Board approved the annual salary of the Animal Control Officer be set at $6,600 for the remainder of this budget year.
On a motion by Commr. Hoskinson seconded by Commr. Carson and carried unanimously, the Board approved the filling of the vacant labor CETA position at the Animal Shelter effective immediately.
contracts and agreements
On a motion by Commr. Burhans seconded by Commr. Carson and carried unanimously, the Board formally approved the Youth Volunteer Counselor Program and authorized the Chairman to sign the Certification of Acceptance of Subgrant Award.
appropriations
Commr. Carson presented to the Board a draft of a letter he would like sent to the Governor’s Office regarding the problems Lake County is encountering involving the operation of the CETA Program under Title I. At this time Commr. Carson read the letter to the Board. On a motion by Commr. Hoskinson seconded by Commr. Carson and carried unanimously, the Board approved the draft letter and agreed it should be prepared for the Chairman’s signature and that it is to be forwarded to the Governor.
public health
At this time Mr. Ford, County Attorney, presented to the Board a letter from W. H. Braatz of the Department of Health & Rehabilitative Services stating that, in his opinion, Lake County’s amended agreement involving the Medical Examiner’s reimbursement funds would be approved and that the County could use these funds to build a morgue.
road closing
Mr. Ford stated that, according to the minutes of the meeting on February 3, 1976, the Board closed a road in the Silver Lake Area and reserved a 30 foot utility and drainage easement. He stated that the County Engineer has informed him that the drainage easement was not necessary.
On a motion by Commr. Carson seconded by Commr. Hoskinson and carried unanimously, upon the recommendation of the County Engineer, the Board removed the 30 foot drainage easement restriction as stated on February 3, 1976, on the following described property:
THAT PART OF A STREET OR ROADWAY, NOW VACATED, LYING BETWEEN LOT 6 IN BLOCK 29 AND LOT 23 IN BLOCK 19 IN REVISED AND CORRECTED PLAT OF RE-SUBDIVISION OF SUBDIVISION OF SILVER LAKE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGES 66 TO 69 INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTHERLY CORNER OF SAID LOT 6, RUN THENCE NORTH 19 DEGREES 02 MINUTES 50 SECONDS EAST ALONG A NORTHERLY EXTENSION OF THE WESTERLY LINE OF SAID LOT 6 A DISTANCE OF 15.37 FEET TO A POINT 15 FEET NORTHEASTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 6 WHEN MEASURED AT RIGHT ANGLES THERETO; THENCE SOUTH 58 DEGREES 17 MINUTES 30 SECONDS EAST PARALLEL TO THE NORTHEASTERLY LINE OF SAID LOT 6 TO A POINT ON THE WESTERLY LINE OF THE RIGHT OF WAY OF SILVER LAKE DRIVE, SAID POINT HEREBY DESIGNATED AS POINT “A”; RETURN TO THE POINT OF BEGINNING, AND RUN THENCE SOUTH 58 DEGREES 17 MINUTES 30 SECONDS EAST ALONG THE NORTHEASTERLY LINE OF SAID LOT 6 TO THE WESTERLY LINE OF THE RIGHT OF WAY OF SILVER LAKE DRIVE, THENCE NORTHERLY ALONG THE WESTERLY LINE OF THE RIGHT OF WAY OF SILVER LAKE DRIVE TO THE ABOVE DESIGNATED POINT “A”.
COURTHOUSE
Mr. Watkins, Clerk, stated that the architects had been contacted regarding the plans for the utilization and placement of furniture in the new courthouse. He stated that he felt the Board should approve for the architects to draw the plans involving the furniture. On a motion by Commr. Hoskinson seconded by Commr. Deems and carried unanimously, the Board approved for the architects to draw the necessary plans for the utilization and placement of furniture in the new Courthouse at a cost not to exceed $3,000.
There being no further business to be brought before the Board the meeting adjourned at 6:10 P.M.
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thomas j. windram, chairman
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James C. Watkins, Clerk