MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS
monday – may 17, 1971
The Board of County Commissioners of Lake County, Florida, convened in regular session in the Commissioners’ Room, Courthouse, Tavares, Florida, on May 17, 1971, at 9:00 a.m. with the following members present: J. M. Hoskinson, Chairman; James Carson, C. A. Deems, Thomas J. Windram and Kenneth VanAuken. Others in attendance were County Attorney, Christopher C. Ford; County Engineer, Fred M. Harpster; Clerk of the Circuit Court, Frank E. Owens; and Deputy Clerk Norma H. Coven.
Chairman Hoskinson called the meeting to order, and the invocation was given by Mr. Carson, after which the Pledge of Allegiance to the Flag was recited.
bonds – county
Mr. Robert Powell of Stone & Youngberg Municipal Financing Consultants, Inc. was present and advised that Lake County will take delivery of the $2,000,000 Certificates of Indebtedness in Chicago on May 20, 1971. Upon conclusion of the signing of the bonds by the Chairman of the Board, $2,013,187.65 will be deposited in the First National Bank of Leesburg, of which $38,383.90 is accrued interest from February 1, 1971 to May 20, 1971. $103,187.65 representing accrued and capitalized interest will be deposited in a Sinking Fund account in the First State Bank & Trust Company, Eustis, Florida. Distribution of the Construction Fund Account in the amount of $1,745,000 will be as follows:
First National Bank of Mount Dora $190,000
First National Bank of Leesburg $350,000
American National Bank & Trust Co. of South Pasadena $325,000
Citizens Bank of Clermont $200,000
First State Bank & Trust Co. $260,000
Umatilla State Bank $295,000
Peoples State Bank of Groveland $125,000
Distribution of the Reserve Account will be in the amount of $165,000 as follows:
First National Bank of Mount Dora $18,000
First National Bank of Leesburg $33,000
American National Bank & Trust Co. of South Pasadena -0-
Citizens Bank of Clermont $51,000
First State Bank & Trust Co. $25,000
Umatilla State Bank $28,000
Peoples State Bank of Groveland $10,000
On a motion by Commr. Windram, seconded by Commr. Carson and unanimously carried, the Board approved distribution of the funds as outlined above and authorized the Chairman and Clerk to execute the bond agreement.
On a motion by Commr. Carson, seconded by Commr. Deems and unanimously carried, the Chairman was directed to take custody of the County Seal for the purpose of affixing same to the Certificates of Indebtedness on May 20, 1971.
On a motion by Commr. Carson, seconded by Commr. Windram and unanimously carried, the Clerk was instructed to place the monies in the Construction Fund on Time Deposit as follows:
$500,000 – six (6) months
$245,000 – nine (9) months
$1,000,000 – Twelve (12) months;
and to deposit the accrued interest in a savings account at 4 percent interest.
laws and legislation
Ben S. Burton appeared with reference to legislation concerning the ownership of the bottoms of Lakes Griffin and Harris, stating that the County is not a riparian owner on either lake and has no jurisdiction over the lake bottoms. Attorney Ford advised that the State has implied that the County does have control of the lake, and the State is interested in having the law repealed.
A.M. Buckley also appeared and opposed the legislation. Commr. Deems commented in his opinion the Board should continue to oppose the bill. Members of the Board concurring, Chairman Hoskinson requested the Attorney to research the Statutes concerning this.
roads – county
It now being the time advertised to consider a petition to declare the following described road a prescriptive road, the Attorney announced the proof of publication is on file together with the Certified Mail receipt from adjoining property owners:
A road from the Westerly end of County Road 2-1206 running Northerly across the Northeast quarter of the Southwest quarter of the Southwest quarter of the South half of the Northwest quarter of the Southwest quarter of the Southwest quarter of the North half of the South half of the Southwest quarter of the Southwest quarter, as access to and beyond: The North half of the Northwest quarter of the Southwest quarter of the Southwest quarter, all in Section 28, Township 22 South, Range 24 East, containing five (5) acres more or less.
Mr. and Mrs. Andrew G. Todd appeared and opposed the petition.
Paul Todd and Harvey Fender appeared in support of the petition.
On the recommendation of the Attorney that the evidence presented is not sufficient to declare the road a prescriptive road, the petition was denied on a motion by Commr. Carson, seconded by Commr. VanAuken and carried.
The interested parties were advised to attempt to obtain an easement for access.
At this time, the Board heard remarks from the following interested parties concerning title to a certain road involved in Civil Action No. 7146 brought against the County by Sarah H. Wilkerson:
R. A. Locke
George Williams
John Wilkerson
Franklin Reeves, Mayor of Astatula
Ben Reeves
On the recommendation of the Attorney that if the County does not defend the suit, the County will abandon all interest and rights to the road, Commr. VanAuken moved for the Attorney to defend the suit insofar as Lake County is concerned. The motion was seconded by Commr. Carson and carried.
recess and reassembly
The meeting recessed for lunch at 12:00 noon and reconvened at 1:30 p.m. to take up the remaining items of business.
juvenile
County Judge W. A. Milton, Jr. appeared and recommended to the Board that Robert S. Stroud be employed as Consultant for the Modified Youth Services Complex, contingent upon the program being funded. After reviewing the resume on Mr. Stroud, the Board approved Mr. Stroud’s employment with the stipulation that his salary will be paid entirely from State or Federal funds and none of the salary paid from County funds.
planning and zoning
On the recommendation of the Planning and Zoning Commission and on a motion by Commr. Windram, seconded by Commr. Carson and carried, a resolution was adopted altering and amending the Zoning Rules and Regulations as they pertain to the following described tracts of land, to the classification designated after each description:
Case #1-71-3
Legal Description:
Sec. 17, Twp. 22S, Rge. 26E: All that portion of the NE ¼ of the NW ¼ of Sec. 17, Twp. 22S, Rge 26E, lying South of a line described as follows: Commencing in the Waters of Plum Lake on the Eastern boundary line of the NE ¼ of the NW ¼ of said Sec. 17, 158.93 feet South of the NE corner of said NE ¼ of the NW ¼ of said Section run thence North 84 degrees West 467.20 feet to an iron pin on the Eastern side of the peninsula extending into Plum Lake, thence North 84 degrees West 250.79 feet to an iron pin on the peninsula extending into Plum Lake on the Western said of the peninsula, thence North 84 degrees West into the waters of Plum Lake to the Western boundary line for the NE ¼ of the NW ¼ of Sec. 17, Twp. 22S. Rge 26E. Together with a perpetual right of way over and across the lands of Nellie L. Butt to John F. McGuire, Jr. and wife Rita Mary McGuire, dated April 7, 1948 and recorded in Deed Book 275, page 565, Public Records of Lake County, Fla., also conveyed to grantors herein, dated and recorded May 1, 1970 in OR Book 403, page 782, Public Records of Lake County, Fla.
Change in Zoning Classification: The Zoning Classification was C-3 (Urban Commercial District – Small Industry) and is hereby changed to A (Agriculture).
Case #22-71-3
Legal Description:
Sec. 1, Twp 22S, Range 25E: The North 165 feet of the South 495 feet of Govt. Lot 1 AND: The South 330 feet of Govt. Lot 1
Change in Zoning Classification: The Zoning Classification was A (Agriculture) and is hereby changed to C-1 (Rural Commercial).
Case #15-71-1
Legal Description:
Sec. 20, Twp. 19S, Rge 25E: Lot 18 in Carver Subdivision in part of Govt. Lot 4, as recorded in P.B. 11 page 63 of the Public Records of Lake County, Florida.]
Change in Zoning Classification: The Zoning Classification was C-2 (Commercial District) and is hereby changed to C-3 (Urban Commercial – Small Industry).
Case 16-71-1
Legal Description:
Sec. 24, Twp 18S, Rge 24E¨ From the SW corner of Govt. Lot 13, run South 89degrees 57’10” East along the South boundary of said Govt. Lot a distance of 1142.00 feet; thence North 19 degrees 20’50” West 31.82 feet to the point of beginning of this description. From said Point of Beginning, run North 19 degrees 20’50” West 65 feet; thence North 70 degrees 39’10” East 135 feet, more or less, to the waters of a canal; thence Southerly along and with the waters of said canal a distance of 90 feet, more or less, to a point North 81 degrees 09’00” East of the Point of Beginning; thence South 81 degrees 09’00” West 138 feet, more or less, to the Point of Beginning.
Change in Zoning Classification: The Zoning Classification was R-1A (Rural Residential) and is hereby changed to R-3 (Mobile Home Park – Subdivision).
Case #18-71-1
Legal Description:
Sec. 3 Twp. 18S, Rge 24E: West ½ of NW ¼ of SW ¼; East ¼ of NW ¼ of SW ¼; West ¼ of NW ¼ of SW ¼; SW ¼ of SW 1/4;
Sec 4 Twp. 18S, Rge 24E: East ½ of NE ¼ of SE 1/4
Change in Zoning Classification: The Zoning Classification was R-1A (Rural Residential) and is hereby changed to A (Agriculture).
Case #25-71-1
Legal Description:
Sec. 4, Twp. 18S, Rge 24E, The Northeast ¼ of Southwest ¼ LESS: the West 420 of the North 525 feet thereof.
Change in Zoning Classification: The Zoning Classification was R-1A (Rural Residential) and is hereby changed to A (Agriculture).
Case #19-71-2
Legal Description:
Sec. 29, Twp, Twp20S, Rge 24E: That part of the NE ¼ lying East of SR 48; AND Sec. 28, Twp. 20S, Rge 24E: SW ¼ of NW ¼
Change in Zoning Classification: The Zoning Classification was A (Agriculture) and is hereby changed to R-3 (Mobile Home Park Subdivisions)
Case #23-71-5
Legal Description:
Sec. 14, Twp 18S, Rge 26E: All of the NE ¼ of the SW ¼, LESS: the two certain portions thereof described as follows: (First) A tract of five acres lying in the NE corner thereof the length thereof North and South bearing the ratio to the width thereof East and West of five to four. (Second) All that portion of said NE ¼ of SW ¼ lying and being within the following description of metes and bounds to wit: Begin thirty-six chains and twenty-three links South and eleven chains and fifty-eight links East of the NW corner of said Sec. 14 and run thence South 72 degrees East seventeen chains and eighty links; thence South 18 degrees West fifteen chains and seventy-five links; thence North 72 degrees West ten chains and seventy-nine links; thence North 6 degrees West seventeen chains and twenty-four links to Point of Beginning.
Change in Zoning Classification: The Zoning Classification was R-1A (Rural Residential) and is hereby changed to A (Agriculture).
Case #24-71-1
Legal Description:
Sec. 27, Twp. 18S, Rge 24E: East 1120 feet of SW ¼ of SW ¼.
Change in Zoning Classification: The Zoning Classification was R-1A (Rural Residential) and is hereby changed to A (Agriculture).
Case #26-71-3
Legal Description:
Sec. 15, Twp 20S, Rge 26E: Lots 1, 3, 5, 7, 9, 11, 13, 14, and 15, according to the plat of Venetian Village, recorded in PB 13, page 57, Public Records of Lake County, Fla.: AND Lots 117, 118, 119, 120, 121, 122, 123, 125, and 170, according to the Plat of Venetian Village, Second Addition, recorded in PB 14, page 47, Public Records of Lake County, Fla.
Change in Zoning Classification: The Zoning Classification was A (Agriculture) and is hereby changed to C-1 (Rural Commercial).
Case #27-71-5
Legal Description:
Secs. 12 and 13, Twp. 18S, Rge 25E, Blocks 55, 56, 59, and the North 400 feet of Block 60, plat of Higley; AND: From the NW corner of Govt. Lot 1 in Sec. 13, run thence south 89 degrees 43’10” East, for 1317.80 feet to a point midway between the NW corner and the NE corner of said Govt. Lot 1: run thence South 00 degrees 07’30” West for 930 feet, more or less, to waters of Lake Yale and Point A; return to the point of beginning, run thence South 00 degrees 07’30” West for 1324.98 feet along the West line of Govt. Lot 1, for 165.70 feet, thence South 45 degrees 13’10” East (said bearing would be South 45 degrees 30’ East if previous call were East) for 293.00 feet, more or less, to the waters of Lake Yale, thence Northeasterly along and with the waters of Lake Yale to intersection at aforedescribed point A, LESS: North 400 feet.
Change in Zoning Classification: The Zoning Classification was A (Agriculture) and is hereby changed to R-3 (Mobile Home Park Subdivision).
Case #30-71-4
Legal Description:
Sec. 25, Twp 19S, Rge 27E: The West 198.75 feet of the East 228.75 feet of the South 356.47 feet of the North 625 feet of the NE ¼ of SE ¼; LESS: The South 100 feet of the East 100 feet thereof.
Change in Zoning Classification: The Zoning Classification was R-1 (Rural Residential) and is hereby changed to C-3 (Urban Commercial Small Industry)
DONE AND RESOLVED by the Lake County Board of County Commissioners on the 17th day of May, 1971.
Included in the foregoing motion was approval of the following Conditional Use Permits and denial of rezoning applications:
CUP 267-3, 254-5, 268-3, 258-3, 262-1, 264-4, 269-2, 268-3, 257-3, 263-3 (Withdrawn)
Case No. 17-71-5, 20-71-5, 21-71-3, 28-71-1, 29-71-2 (Withdrawn)
Conditional Use Permit No. 265-2 was called for hearing, and Commr. Carson stated he has a personal interest in this case and will not participate in any action or discussion. There being no objections, Commr. Deems moved for approval of the Permit. The motion was seconded by Commr. VanAuken and carried. Commr. Carson abstained.
Conditional Use Permit No. 266-3 was called for hearing, and the Chairman called for interested persons to be heard.
The following appeared and objected to the Permit:
W. T. Bland
Mrs. Dwight Davis
The applicant Rev. Glenn E. Tyler appeared in support of the Permit.
On a motion by Commr. Deems, seconded by Commr. Carson and unanimously carried, the Board reversed the recommendation of the Planning and Zoning Commission and denied the permit.
Chairman Hoskinson presented a letter from the City of Clermont advising that the City Council approved $1,909.42 as Clermont’s portion of the cost of the Pollution Abatement Study.
Mr. Watkins submitted a letter from the City of Clermont advising that the City wishes to enter into an agreement with the County for planning assistance. On a motion by Commr. Windram, seconded by Commr. VanAuken and carried, the Attorney was instructed to prepare the agreement.
public health
Commr. VanAuken informed the Board the Bassville Park dump site has been closed, and Jack Purdum has offered the County a site and should have this information available within a short time.
prisoners
On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board approved for the prison labor crew to clean up Fern Lake Park as it is a publicly dedicated park.
road and bridge dept.
On the recommendation of Commr. Deems, the Engineer was instructed to correct the drainage ditch on SR 33 South of Groveland that drains the high school grounds.
roads – county
On a motion by Commr. Windram, seconded by Commr. VanAuken and carried, the Engineer was instructed to proceed with the road to the site on the St. Johns River where the harvesting machine for the removal of hyacinths will be located, estimated cost $630.
On the advice of the Attorney that it is improper for the Board to act now that the road controversy East of Villa City is a judicial decision, no action was taken to consider affidavits for a prescriptive road hearing.
roads – state
On a motion by Commr. Van Auken, seconded by Commr. Carson and carried, the Engineer was authorized to install rumble strips on Kurt Street at the intersection of SR 500 and to remove “No 3 axle truck” signs and replace with “No thru trucks” signs on Lake Shore Drive, Eustis.
engineer
The Engineer was authorized to enter into a consultant relationship with the Town of Howey concerning the resurfacing of streets within the Town limits.
county employees
Clerk Owens presented a letter from the Florida Engineering Society opposing the employment of the present Acting Pollution Control Officer for the reason that his qualifications do not meet the job requirements under the enabling act. The Clerk was instructed to reply to the letter advising that the Pollution Control Officer will work closely with the County Engineer, who is also a Sanitary Engineer, in reviewing any proposed pollution control works in the county that have been prepared by a registered engineer. Also, that the Pollution Control Officer came to this position with the very highest recommendation from both State and County officials.
On a motion by Commr. VanAuken, seconded by Commr. Carson and carried, the Board approved the employment of a relief telephone operator during a vacation period from July 19 – August 6.
bonds
On a motion by Commr. VanAuken, seconded by Commr. Deems and carried, bonds for carrying firearms were approved for the following:
Walter Boosin, George W. Daugherty, David W. Railsback, and John P. Wilkerson.
Contractors bonds for certificates of competency were approved on a motion by Commr. VanAuken, seconded by Commr. Carson and carried:
No. 595 – Albert Lee Johnston
No. 597 – Willard Watson
No. 598 – G. C. Quattlebaum
civil defense
On a motion by Commr. Carson, seconded by Commr. VanAuken and carried, the Mutual Aid Pact agreement for District C-1, Central Florida Civil Defense Area, was approved.
county buildings
Clerk Owens submitted a request from the Parole and Probation Office to construct a partition in the office on the first floor of the Courthouse at an estimated cost of $375. The Clerk was instructed to inform the Supervisor that funds for this work are not available in the current budget.
bids
On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Engineer was instructed to prepare specifications to receive bids on the following:
One Pickup Truck, Four Ice Machines, and Resurfacing approximately 10 miles of roads.
maps and plats
Wallace DeDier of the City of Tavares and Herbert N. Starr, President of West Cocoa Company, Inc. appeared and presented the Plat of Lake Frances Estates, which has been approved by the Tavares City Council. Mr. Harpster recommended that the Plat be referred to his office for future survey purposes and for review of the construction drawings. Mr. Starr said it must be recorded today, because the Plat must be registered with the Florida Land Sales Board by tomorrow, and he will record the Plat without the Board’s approval.
hospitals
A copy of a letter from Dr. Hall regarding funds to pay charges to the tumor clinic at the Orange Memorial Hospital was read and filed.
On a motion by Commr. Windram, seconded by Commr. VanAuken and carried, the action of the Chairman and Clerk in approving the application to the W. T. Edwards Hospital for Jack Arthur Pearson was approved.
Discharge notices from the W. T. Edwards Hospital were filed as follows:
Ollie L. Hodgers was discharged with medical advice on October 30, 1970.
Gazzie Haggins was discharged with medical advice on December 18, 1970
John Adams was discharged with medical advice on January 2, 1971.
Gill Roy Rimes was discharged with medical advice on January 8, 1971.
James McCoy was discharged with medical advice on February 22, 1971.
J. Quarterman was discharged with medical advice on February 24, 1971
Lee N. Torrance was discharged with medical advice on February 5, 1971.
Henry R. Beech was discharged with medical advice on March 25, 1971.
Allie M. Vickery was discharged with medical advice on March 27, 1971.
Geranger Jackson was discharged with medical advice on April 9, 1971.
Jacob Gibbs, Jr. was discharged with medical advice on April 8, 1971.
R. B. DeShazior, Jr. was discharged with medical advice on April 29, 1971.
accounts allowed
On a motion by Commr. Carson, seconded by Commr. VanAuken and carried, the Engineer was authorized to negotiate for an asphalt storage tank not to exceed $1,000.
On a motion by Commr. Carson, seconded by Commr. Windram and carried, purchase of Simplex Time Recorder for the Clerk’s Office in the amount of $180 was approved.
On a motion by Commr. Carson, seconded by Commr. Deems and carried, travel expenses were approved for the following:
Fred M. Harpster and Frank Woodson to attend State Assn. of Motor Vehicle Inspectors, Orlando, June 15 and 16.
County Attorney authorized to go to Tallahassee regarding Special Acts.
P. R. Edwards to attend Air & Water Pollution Control conference in Tallahassee May 26
On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Clerk was authorized to pay to George Fountain and wife $12,500; and W. B. Hunter and Harry E. Gaylord attorney’s fees of $5,000, in accordance with the Court Order in the Dora Canal Suit.
There being no further business to bring before the Board, the meeting was adjourned at 5:40 p.m.
_________________________________ _____________________________
CLERK chairman