A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

march 15, 1977

The Lake County Board of County Commissioners convened in regular session on Tuesday, March 15, 1977, at 9:00 a.m., in the Board of County Commissioners’ Room, Courthouse, Tavares, Florida.  Present were:  C.A. “Lex” Deems, Chairman; Thomas J. Windram, Glenn C. Burhans, James R. Carson, Jr., and J.M. Hoskinson.  Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; Sharon Mitchell and Andrea Gambrell, Deputy Clerks.

The Invocation was given by James C. Watkins, Clerk, and the Pledge of Allegiance was led by J.M. Hoskinson.

minutes

On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried unanimously, the minutes of the regular Board meeting of February 1, 1977, were approved as submitted.

On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried unanimously, the minutes of the regular meeting of February 8, 1977, were approved as amended.

animals

Under discussion of the minutes of February 8, 1977, Commr. Burhans brought to the attention of the Board that it approved for Mr. Danny Tanner to pick up large animals, on behalf of the County, which the animal shelter could not handle. However, there seemed to be some confusion as to who has the authority to direct him to pick up said animals.

On a motion by Commr. Windram seconded by Commr. Hoskinson and carried unanimously, the Board stated that the Manager of the Animal Shelter has the sole authority to direct Mr. Tanner to pick up large animals on behalf of the County and that the person claiming said animal would pay for the charges incurred.

accounts allowed

Commr. Burhans stated that there was an outstanding bill to Mr. Tanner for his services and requested that the bill be paid.

On a motion by Commr. Windram seconded by Commr. Hoskinson and carried unanimously, the Board approved this bill be paid.

animals/county employees

Discussion was held regarding establishing the Animal Shelter as a separate Department under the Board of County Commissioners. Commr. Deems stated that it was an organized Department with qualified people in control and he felt that it could now be separated from the Public Works Department.

On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried unanimously, the Board approved the effective immediately, the Lake County Animal Shelter be removed from the jurisdiction of the Public Works Department and made a separate County Department under the direction of the Board of County Commissioners and approved for the Manager of the Animal Control Department be the Department Head.

minutes

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the minutes of the regular meeting of February 15, 1977, were approved as amended.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the minutes of the Special Meeting of February 22, 1977, were approved as submitted.

resolutions

Commr. Carson reported to the Board that the Leesburg High School Basketball Team had won the State AAA Basketball Championship and would like the Board to adopt a resolution commending the team members, coach and school on this achievement.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board adopted a resolution stating same and requested that it be sent to all the team members, coach and principal.

purchasing

Commr. Carson discussed with the Board the possibility of sharing our purchasing power, through the Lake County Purchasing Department, with the various municipalities and School Board. Discussion was held. It was the feeling of the Board that it did not want to place further responsibility or projects on Mr. Knuckles until Lake County has its Purchasing procedure running smoothly; however, it did not have any objections to Mr. Knuckles looking into the matter when time permits.

roads-county, state

Commr. Deems presented to the Board a copy of a letter from the DOT to Mr. Andrew, County Engineer, informing Lake County that it has not made any progress for “reworking” a portion of road just east of the intersection of SR 48 and 19.

bonds

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

1467-77  Tom Thomas dba Tom Air, Inc.

1507-77  G. Donald Watson dba East Coast Construction

 

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the cancellation of the following Contractor Bonds:

1312-77  Edwin Padgett dba Padgett Enterprises, Inc.

1507-77  Richard C. Craig dba Aluminum Contractor

 

budgets

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the supplemental budgets for CETA-Title 2, CETA-Title 6, and Title 2 Anti-Recession Funds as submitted by the Finance Department.

reports

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved the annual reports of the Waterman Memorial Hospital Association, Inc., Ambulance Operations; Southwest Florida Water Management District and the monthly status report for Youth Programs, Inc.

licenses and permits

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved the gun permit and $500 bond for Barbara and William R. Gelbach, and the change in firearms for Dwight McDuffie.

resolutions-roads

Mr. Ford, County Attorney, presented to the Board for discussion a solution to the problem regarding a garage and garage apartment encroaching on a dedicated right-of-way in Sorrento. He presented to the Board a resolution which stated that Lake County has no intention of ever taking action to have the structure removed from its encroachment into the right-of-way. Mr. Ford informed the Board that this may satisfy the title company and allow the resident to obtain title insurance on her property.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board adopted the resolution as presented by the County Attorney stating that Lake County had no intentions to pursue the removal of a private garage and garage apartment in the Reeves Subdivision recorded in Plat Book 1, page 32, from encroaching upon 12.8 feet into the public right-of-way.

courthouse

Mr. Watkins, Clerk, presented to the Board a tabulation sheet of the estimates which the moving Committee had received from various movers for the County’s move into its new Courthouse facilities. He stated that Mr. Tom Theall, moving consultant, was present to review with the Board the various estimates.

Mr. Theall explained to the Board the manner in which the estimates were obtained. Discussion was held. Mr. Theall suggested the Board consider the estimated from Fulford Moving, Hilldrup Moving and Security Moving because he felt that these were the most reasonable estimates and very close to the cost of the actual move. Of these three he stated that Security Moving had performed similar moves like the Lake County Courthouse and felt that this company had more experience in the type of move Lake County is considering.

Proclamations/resolutions

The Chairman requested that discussion pertaining to the move be postponed for about five minutes to allow the Board to act on a request to proclaim March 30, 1977 as Doctor’s Day.

Mrs. Brokaw presented the Proclamation to the Board.

On a motion by Commr. Windram seconded by Commr. Carson and carried unanimously, the Board adopted a Proclamation establishing March 30, 1977, as DOCTOR’S DAY and directed the Chairman and Clerk to sign same.

courthouse

The Chairman resumed discussion on the various estimates received for moving Lake County into its new facility.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board accepted the estimates and awarded the Contract for moving into its new Courthouse facilities to Security Moving and Storage of Orlando.

Mr. Powell, representative of Security Moving and Storage, appeared before the Board to thank them for the confidence they have shown in his company and commended the Board for its honesty in the selection of a moving company. At this time discussion was held regarding the estimates the Board had received from Security Moving and Storage; and Vann Moving and Storage regarding the relocation of the Law Library and Judges Books. It was brought to the attention of the Board that the other companies had been told that an estimate for moving these books was not being requested.

On a motion by Commr. Hoskinson seconded by Commr. Windram and carried unanimously, the Board directed the Clerk to notify the various moving companies that the Board selected Security Moving and Storage to move Lake County into its new facilities; however the Board is now soliciting estimates for moving the Law Library and Judges Books.

boundaries

Mrs. Emogene Stegall, Supervisor of Elections, appeared before the Board and stated that in accordance with Chapter 76-121 it is possible for the precinct maps of 6,  8, 33, 36, and 43 in the Eustis area be reconstructed to conform with the changes in the City Limits and voting areas. She presented to the Board the revised precinct maps in this area as well as the changes in the Commissioner District Lines in District 4 & 5. Discussion was held.

On a motion by Commr. Windram seconded by Commr. Burhans and carried unanimously, the Board tentatively approved the changes in the maps as presented by the Supervisor of Elections.

county employees

Commr. Windram brought to the attention of the Board that Lester Sutton had resigned and it is requested that the Personnel Department be authorized to advertise for a Maintenance Foreman at a salary of $9,000 which will be increased to $9,500 after a six month probationary period which is subject to the satisfaction of the work of the employee hired.

On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board approved the above request as presented by Commr. Windram.

roads-subdivision

Commr. Carson brought to the attention of the Board a problem which has developed regarding the financing of the improvement to Lake Eustis Drive in Bassville Park. He explained that the residents thought that the County was going to borrow the funds needed to pave the road in accordance with Florida Chapter 63-1505 and 69-1208. Discussion was held.

Mr. Ford, County Attorney, stated that the Board could establish a procedure by which it issues improvement bonds which is secured by the lien on the property. Commr. Deems felt that this would become a complicated procedure and would probably increase, dramatically, the cost to the residents for improvement of the road. No formal action was taken at this time.

grants

At 11:30 p.m. the Chairman announced that the advertised time had arrived for the Public Hearing regarding the Community Development Block Grant for the Southeast Umatilla area.

Mr. Willett, Planning Director, appeared before the Board and stated that proof of publication had been received by his office.

He informed the Board that the funds would be disbursed among road improvements, housing rehabilitation, contingency and administrative costs. Discussion was held.

On a motion by Commr. Burhans seconded by Commr. Windram and carried unanimously, the Board authorized the Planning and Zoning department submit to the Department of Housing and Urban Development a full grant application in the amount of $225,000 for Community Development in the Southeast Umatilla and adopted a resolution stating same.

At this time Mr. Michael Stearman, Assistant Planner, appeared before the Board and presented a status report of last year’s Community Development Block Grant for Bassville Park.

Mr. Stearman requested approval from the Board for the Planning Department to request payment from HUD in the amount of $11,953 on the letter of credit for the Community Development Grant for Bassville Park.

On a motion by Commr. Windram seconded by Commr. Carson and carried unanimously, the Board approved the above request.

appropriations

Mr. Harry Spooner, CETA Coordinator, appeared before the Board to inform them that Lake County was scheduled to receive $31,407.00 in Title II Discretionary Funds. He requested that these funds be approved to fill two patrolman positions and one utility police clerk position in the City of Minneola as well as an orderly for the Lake Memorial Nursing Home, Counselor for Open Door, Inc. and a Clerk Typist for the Clermont Chamber of Commerce. Discussion was held. It was the feeling of the Board that it would rather assign the Clerk Typist to the City of Clermont rather than to the Chamber of Commerce.

On a motion by Commr. Hoskinson seconded by Commr. Burhans and carried unanimously, the Board approved the CETA positions listed above as amended.

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.

road-closings

Mr. Andrew, County Engineer, appeared before the Board regarding the request to advertise the closing of Alhambra Boulevard in Sunnycrest Subdivision. Mrs. Padgett, owner and developer of the subdivision, appeared before the Board and stated that she would like to make the lots larger but did not care to vacate the plat and then have to re-plat.

Mr. Willett, Director of Planning, was present and stated that if the road was closed and the lot lines rearranged building permits could be issued on the newly created lots. Discussion was held.

Commr. Hoskinson voiced his feeling that he would rather have the plat vacated and then have the subdivision re-plated. Further discussion was held.

On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board approved the advertisement of the closing of Alhambra Road in Sunnycrest Subdivision on April 5, 1977, at 2:00 p.m. subject to the residents being notified about this matter by certified mail informing them that if this road closing is approved their lots of record may no longer have legal access.

roads-county

Mr. Andrew presented to the Board the final draft of priorities for Lake County’s Five Year Road Program. The Board briefly reviewed the priorities as submitted by the County Engineer.

On a motion by Commr. Carson seconded by Commr. Hoskinson and carried unanimously, the Board approved the Five Year Road Program as submitted and adopted the necessary resolution stating same.

planning and zoning

CUP 560-5  CUP for a fishing resort

Mr. and Mrs. C.R. McKelvey appeared before the Board in opposition to the approval of the CUP. Mrs. McKelvey stated that she did not want it to become an area for commercial fishing activities.

Mr. Howard Klohr, representative of the Dupont Estate, appeared before the Board and stated that the Dupont Estate owns several hundred acres of land in the area and it was the intention of the owner that this property be preserved in its natural state. He informed the Board of the rare wildlife that inhabits the land owned by the Dupont Estate and requested that the Board take this into consideration when taking action on this CUP request.

Mr. John Merritt, Attorney for Mrs. Switzer, appeared before the Board and stated that Mrs. Switzer was thinking of selling this property to Mr. Richard Disbrow but that the basic operation of the Fishing Resort would not be changed. He presented to the Board two petitions signed by residents in the area and patrons of the resort stating that they had no objections to the CUP.

Mr. Disbrow appeared before the Board and stated that he owns the property west of Mrs. Switzer and will be a resident in the area 24 hours a day. He further stated that he does not intend to build anymore than three cabins on the property and would be willing to have the CUP changed limiting the construction of new cabins to three.

Mrs. Switzer, property owner, appeared before the Board and stated that she would not do anything to harm her neighbors.

Mrs. Jan Shiller, resident of Marion County and a neighbor of Mrs. Switzer appeared before the Board and stated that she did not feel that Mrs. Switzer would do anything to harm her neighbors or the area.

It was moved by Commr. Burhans to overturn the recommendation of the Planning and Zoning Commission and deny the CUP. This motion was seconded by Commr. Hoskinson. The Chairman called for the vote and Commrs. Hoskinson and Burhans voted “aye” and Commrs. Deems, Carson and Windram voted “no”. The Chairman announced that the motion had been defeated.

On a motion by Commr. Carson seconded by Commr. Windram and carried, the Board approved the CUP with the stipulation that there be no more than three new cabins built on the property. Commrs. Hoskinson and Burhans voted “no.”

REZONING #22-77-5  A to C-2  R.D. Branham & J.C. Johnson

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 to C-2 was denied.

REZONING #21-77-4  A to RR  Phillip Arthur, Trustee

No one appeared before the Board regarding this case.

On a motion by Commr. Windram seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning to RR was denied.

REZONING #14-77-1  RR to CP  Dr. Kenneth Smith

No one appeared before the Board regarding this case.

On a motion by Commr. Windram seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning to CP was approved.

REZONING #10-77-5  C-1 to R-1-7  Van R. and Jessie Caskey

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 to R-1-7 was approved.

REZONING #20-77-2  RR to A  Mr. and Mrs. J. Francis

No one appeared before the Board regarding this case.

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

CUP 562-1  CUP for a Church in RR  A.P. Burdorf, Trustee

No one appeared before the Board regarding this case.

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

CUP 561-1  CUP for a Church in A  Mt. Pleasant A.M.E. Church

No one appeared before the Board regarding this case.

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

REZONING 18-77-1  RM to RP  Joseph J. Linartas

No one appeared before the Board regarding this case.

On a motion by Commr. Carson seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning to RP was approved.

REZONING 12-77-1  R-1-7 to C-1  Jack Pack

No one appeared before the Board regarding this case.

On a motion by Commr. Carson seconded by Commr. Windram and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning to C-1 was approved.

REZONING 17-77-2  R-1-7 to R-1-5  Alvin and Katie Evans

No one appeared before the Board regarding this case.

On a motion by Commr. Burhans seconded by Commr. Burhans and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning to R-1-5 was approved.

CUP 559-2  CUP for a Church in R-1-5  L.M. Little

No one appeared before the Board regarding this case.

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

REZONING 19-77-2  RR and R-1-7 to R-1-15  P & Z and Springs Park

Mrs. M. Casbolt, property owner in Springs Park, appeared before the Board and stated that she and her parents purchased nine lots with the understanding that it was RR and R-1-7. She requested that the rezoning remain the same and not be changed.

Mr. Gill Showlen appeared before the Board and stated that he had purchased his piece of property with the understanding that he would be able to build a home with approximately 900 square feet of space, if the zoning is changed he will be unable to build the size home that is required.

Mr. Piper appeared before the Board and stated that the majority of homes in the area have 1500 square feet of living space.

Mr. Jerry Hessels, Treasurer of the Homeowner’s Association, appeared before the Board and stated that they are trying to improve the area and upgrade the type home built in this neighborhood. He also stated that in his opinion Mr. Showlen was not serious about building a home in Springs Park because he has had a “For Sale” sign on his property for some time.

On a motion by Commr. Windram seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning to R-1-15 was approved.

REZONING #11-77-3  A to R-1-5  Lawrence M. Smith

Mr. Earl Smythe, property owner in the area, appeared before the Board in opposition to this rezoning.

Commr. Deems announced that he had a conflict of interest because he was an adjoining property owner and, therefore, abstained from any discussion and requested the Vice Chairman, Commr. Carson, assume the position of Chairman for this case.

Mrs. Bessie Price, property owner in the area, stated that if Mr. Smith was going to live in the area she would have no objections but if R-1-5 zoning is allowed the mixture of conventional homes and mobile homes would be increased.

Mrs. Judy Willis, also a property owner in the area, appeared before the Board and stated that there are no paved roads near this property and discussed the access people would have to these lots.

Mr. Smith appeared before the Board and stated that he requested the R-1-5 to give the individuals who purchase the property a choice as to what type of dwelling they wish to erect.

On a motion by Commr. Hoskinson seconded by Commr. Windram and carried, the recommendation of the Planning and Zoning Board was upheld and the rezoning to R-1-5 was approved.

Commr. Deems abstained from the discussion and vote due to the reason previously stated.

Commr. Carson returned the Chairmanship to Commr. Deems.

REVOCATION OF CUP 242-3  Steven Graybeal

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 CUP was revoked.

REZONING 13-77-1  R-1-7 to CP  Robert H. Sparkman

No one appeared before the Board regarding this case.

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

REZONING 15-77-1  R-1-7 to R-1-5  Carl D. Rose

Commr. Deems presented to the Board a letter from Mrs. Martha Miller expressing her approval of the rezoning.

Mrs. Miller was present and verbally expressed her favor of the rezoning.

Marlyn McCaffery, daughter of Mr. and Mrs. Rose, appeared before the Board and stated that her parents were requesting the rezoning to provide a place for she and her son to live. She stated that the Health Department told her a septic tank permit could be obtained if the rezoning was changed.

Discussion was held regarding the regulations involving this situation at which time Mr. Willett stated that it was not possible to rezone this piece of property. The Board stated that under the circumstances it would be impossible to rezone the property as requested and felt that the filing fee for the petition be returned.

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 denied. The Board directed that the fee charged for filing this petition be returned to Mr. and Mrs. Rose.

REZONING 16-77-5  RMRP to RM  C.B. Marshall

No one appeared before the Board regarding this case.

On a motion by Commr. Hoskinson seconded by Commr. Carson and carried unanimously, the Board approved the withdrawal of the petition by the applicant.

Commr. Burhans abstained from the discussion and the vote because the petitioner is a relative.

appropriations

Mr. Harry Spooner, CETA Coordinator, appeared before the Board regarding the setting of priorities for the submitted projects for Title 6 Funds.

The Board reviewed the list of the 23 proposed projects which were set according to priority by Mr. Spooner. The Board discussed project #7 and requested that the positions requested for the Umatilla Chamber of Commerce be given to the City of Umatilla and the City may assign these workers to the Chamber of Commerce if it so desires. Further review was given to the list and the Board requested that projects 21, 22, and 23 for Golden Triangle Economic Development Council, Inc.; Leesburg Montessori School and the HRS respectively be removed from the priority list entirely.

On a motion by Commr. Carson seconded by Commr. Hoskinson and carried unanimously, the Board approved the priority list for Special Title 6 CETA Funds as amended.

Mr. Spooner brought to the attention of the Board that there were four CETA positions vacant. These vacancies resulted from two Deputy Sheriff positions which the Sheriff does not plan to use, the Courthouse Custodian position and the Assistant Planner position.

On a motion by Commr. Windram seconded by Commr. Burhans and carried unanimously, the Board approved the filling of two of these vacant positions by employing an Activities Coordinator for the Lake Memorial Nursing Home and a Courthouse Gardner. The Board directed Mr. Spooner to solicit the municipalities to see if they could utilize the remaining two CETA positions.

roads-subdivision

The Board returned to the discussion regarding the manner by which the residents in Bassville Park will finance the improvement to Lake Eustis Drive in their subdivision. Commr. Deems stated that he had spoken to Mr. Frank Ezell, President of LeeCon Construction Company, who indicated that he would be willing to speak with the residents and possibly work out a solution to the financing of this project.

Commr. Deems asked Commr. Carson to refer the residents in the area to Mr. Ezell.

Mr. Ford, County Attorney, asked if the Board wished his office research other possible means of financing these types of projects.

Commr. Deems directed Mr. Ford to briefly research this matter.

fairgrounds

Mr. Ford brought to the attention of the Board that a religious group in New York contacted his office regarding the possibility of members of their organization soliciting donations and passing out literature at the Lake County Fair. Mr. Ford informed the Board that he had told the representative of this organization that they would have to secure a booth and solicit donation only from that location but they were welcome to pass out literature on the grounds. This met with the approval of the Board.

roads-county

Mr. Ford presented to the Board on behalf of Mr. Andrews, County Engineer, a total cost estimate in the amount of $165 to patch portions of Overton Road, Highland road and Jackson Road in the Silver Lake area.

On a motion by Commr. Carson seconded by Commr. Windram and carried unanimously, the Board approved the above cost estimate subject to the total cost of the repairs being paid for by the residents and the funds are received by the Finance Department prior to the work being done and with the understanding that Lake County is not responsible for continued maintenance of these roads.

accounts allowed

On a motion by Commr. Carson seconded by Commr. Hoskinson and carried unanimously, the Board approved payment of the following vouchers:

General Revenue          1295 – 1461    DWI School                 11 – 13

Fine & Forfeiture          212 – 233        COR (Co. Bldgs.)        10 – 12

Road & Bridge             432 – 479        CETA                          62 – 63

Auto Inspection            99 – 112          Youth Vol. Couns.        7

Section 8                      27                    Fish Conservation         13 – 15

 

adjournement

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

________________________

C.A. “Lex” Deems, Chairman

____________________

James C. Watkins, Clerk