MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS

JULY 17, 1973

The Board of County Commissioners of Lake County, Florida, convened in regular session Tuesday, July 17, 1973, in the Commissioners’ Room, Courthouse, Tavares, Florida, at 9:00 o’clock A.M. with the following members present:  C. A. Deems, Chairman; James R. Carson, Jr., Thomas J. Windram, J. M. Hoskinson, and Glenn C. Burhans.  Others present were:  Fred M. Harpster, County Engineer; Christopher C. Ford, County Attorney; Joseph E. Flynn, County Planner; James C. Watkins, Clerk of the Circuit Court;  and Norma H. Coven, Deputy Clerk.

The Chairman called the meeting to order and the invocation was given by James C. Watkins, Clerk.  The Pledge of Allegiance to the Flag was recited.

minutes

On motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Minutes of September 6, 1972, were approved by the Board as submitted.

On motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the Minutes of the meeting of September 13, 1972, as submitted.

On motion of Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the Minutes of June 19, 1973, as submitted.

suits affecting county

The Chairman informed the Board that he has been served with Civil Action 73-711, brought against the County by Linda Paasonen, et al, concerning an accident with a County truck.

Attorney Morton Aulls, representing former Sheriff Willis V. McCall, spoke regarding Mr. McCall’s being paid salary from the date of his suspension, through the date of his resignation, based on a $15,900.00 annual salary.  Chapter 112.44 of the Florida Statutes states the Attorney General’s opinion that suspended public officials are not eligible for back pay.  The Attorney strongly recommended that the decision be made by the Court since Mr. McCall was not reinstated by the Governor or the Senate.  On the advice of the attorney, payment was declined subject to a Court order and the Attorney was authorized to accept service in the suit against the County.  This action was moved by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously.

contracts and agreements

Commr. Carson told the Board that he had done some investigating of future gasoline prices.  Standard Oil has advised that they will supply the County with fuel this year at tank wagon prices which will probably be increased 50% over the last year’s price.  Commr. Carson reminded the Board that this increase should be remembered when the budget is finalized.

road closings

It now being the time advertised for a public hearing to consider a petition to close a certain street in F. J. Hinson’s Plan of Altoona, and no one appearing to object to the closing of said street, on motion of Commr. Burhans, seconded by Commr. Carson and carried unanimously, a Resolution was adopted to close the following described street:

That portion of the platted street lying Northwesterly from State Road 19 and the abandoned railroad right-of-way between Lots 28 and 29, according to Plat of F. J. Hinson’s Plan of Altoona as recorded in Plat Book 1, Page 29, Public Records of Lake County, Florida.

 

The adoption of the Resolution closing the road was approved subject to obtaining a waiver from Mr. Clark, the petitioner, relieving the County of any drainage responsibility.

It now being the time advertised for a public hearing to consider a petition to close a portion of the old Tavares-Eustis Highway, and no one appearing to object to the closing of said road, on motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, a Resolution was adopted to close the following described road:

That portion of the old Tavares-Eustis Highway (State Road 19-A) lying Northeast of the following described parcel:  Lot 8, Block 6, South of Highway 441, Oleander Court according to the official plat of record, Public Records of Lake County, Florida; and that portion of said highway lying to the Northwest of the following described parcel:  Begin at the Southwest corner of the Southeast 1/4 of the Northwest 1/4 of Section 23, Township 19 South, Range 26 East, Lake County, Florida, run thence North 41 15’ East to Southeasterly right-of-way line of old Tavares-Eustis Highway; thence in a Northeasterly direction along said right-of-way to a point intersecting the Southern boundary of new Highway No. 19; thence East along the Southern boundary of said right-of-way to a point intersecting the Eustis-Mount Dora Highway, thence South along the Western boundary of said Eustis-Mount Dora Highway to a point intersecting the Southern boundary of the Southeast 1/4 of the Northwest 1/4 of said Section 23, Township 19 South, Range 26 East, thence West along said Southern boundary to the point of beginning.  LESS:  new right-of-way for State Road 500 and other public road right-of-ways.

 

AND:  Beginning at the Southwest corner of the Southeast Quarter of the Northwest Quarter, run North to Highway:  Begin as before and run North 41 02’ East 167.45 feet to highway, Southwesterly to highway to intersect first line, all of which lies in Section 23, Township 19 South, Range 26 East.

 

It now being the time advertised for public hearing to consider a petition to close a certain portion of Osgood Street, Sorrento, Roy Christopher appeared on behalf of the petitioner and requested permission to amend the petition as suggested by the Planner and the Engineer.  This would mean vacating the surrounding blocks which are all owned by the petitioner.  Approval to amend the petition was given on motion of Commr. Windram, seconded by Commr. Carson and carried unanimously.

It now being the time advertised for a public hearing to consider a petition to close a certain portion of Tower View Drive, Crystal Cove Subdivision, and no one appearing to object to the closing of said street, on motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, a Resolution was adopted vacating the following described street:

Tower View Drive between Lot 14, Block A, and Lot 13, Block B, in Crystal Cove Subdivision, as recorded in Plat Book 13, page 34, Public Records of Lake County, Florida;

 

Less and except that portion of Tower View Drive lying within 27 feet of the following described Point “A:”

 

From the northeast corner of Lot 13, Block B, in said Crystal Cove Subdivision, said point also being the southeast corner of Lot 12, Block B, Crystal Cove Subdivision, run north 66 47’30” east 22 feet to Point “A.”

 

This Resolution was adopted with the understanding that the residents will participate on a 1/3 – 2/3 basis in the building of the cul-de-sac and road.

suits affecting county

The Attorney spoke regarding the civil action brought against the County by Mr. Hurley and Mr. Paulhamus.  They claim to be able to prove $100,000.00 crop damages because of lack of drainage at the Lake Yale-Lake Griffin canal area.  The Attorney requested permission to offer them $2,500.00 as a settlement, which they may not accept.  However, the Board approved the offer, on motion of Commr. Windram, seconded by Commr. Carson and carried unanimously.

maps and plats

Dewey Burnsed, Attorney, called the Board’s attention to the error in the Certificate of Dedication of the plat of Valencia Terrace, a subdivision.  On motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved a Resolution correcting the dedication.

The Attorney informed the Board that the plat of Unit 2, Orange Blossom Gardens Subdivision, meets with his approval and fulfills the requirements of Florida Statutes Chapter 177, and Lake County Subdivision Regulations.  The plat was accepted on motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously.  Included in the motion was authorization for the Clerk and the Chairman to sign the plat.

county employees

Clerk Watkins reported that vacations for Mr. and Mrs. Boyd and Mr. and Mrs. Taylor, of the Juvenile Shelter, have been approved by Mrs. Hand, Board of Visitors.  The Board approved the vacations on motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously.

DEEDS

The Attorney said that he does not recommend a quitclaim deed to the abandoned Picciola Road clay pit to J. F. Sparks.  His office has prepared a disclaimer to the land for Mr. Sparks which the title companies should accept. The Chairman was authorized to sign same on motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously.

communications

The Chairman read a letter from Carol Floyd, Umatilla, thanking the Board for their conservative handling of the budget, especially for the Sheriff’s Department.

tax assessments

Notice was read from the Tax Assessor regarding property assessment in error since 1967.  This was referred to the Clerk on motion of Commr. Carson, seconded by Commr. Windram and carried unanimously.

Notice from the Tax Assessor concerning the Court order to re-evaluate the Chapman and South Lake Groves property was read and filed.

On motion of Commr. Burhans, seconded by Commr. Windram and carried unanimously, Certificates of Error and Correction, numbers 240 and 241, were approved.

Clerk Watkins presented a bill from the Tax Assessor for commissions in the amount of $32,150.17 on the 1972 tax roll.  Payment was approved on motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously.

sheriff

Notice from the Finance Department that there are no funds in the Sheriff’s budget available to pay a new non-budgeted item of $7,000.00 was read and filed.

recess and reassembly

The Chairman announced that the Board members will have lunch at the Silver Lake Country Club and invited members of the Press and public to join them on a Dutch-treat basis.  The meeting adjourned for lunch at 12:00 noon and reconvened at 1:30 o’clock P.M. to take up the remaining items of business.

state agencies

Ed Zagar of the Game and Fresh Water Fish Commission appeared and requested the use of dump truck in County inventory, #2503, to haul rough fish to the Astatula landfill.  He wants the use of the truck for four or five months until this project concludes; then he would return the truck to the County.  The Board approved the transfer of the truck and, also, the allocation of $400.00 from the Fish Conservation Fund to maintain the truck during the time of usage.  This was moved by Commr. Carson, seconded by Commr. Burhans and carried unanimously.

Larry Van Hoose came before the Board again in regard to the trapping of catfish in wire traps.  The Chairman advised him that Mr. Zagar had been present earlier in the day and gave his recommendation that a public hearing be held by the Game and Fresh Water Fish Commission on this subject.  Mr. Zagar is in the process of setting a day for the hearing, and when that date is determined, he will notify Mr. Van Hoose and his principals.

Mr. Norman Lain of the State Forest Service presented a contract to the Board with the Forestry Service for a full time forester, effective August 1, 1973, at a cost to the County of $3,000.00 per year.  The Clerk and the Chairman were authorized to sign the contract on motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously.  Included in the motion was the adoption of a Resolution making part-time Forester Terrill Davis full time to serve Lake County.

animals

Robert Hauser, Director, Orlando Humane Society spoke on the operation of the Society in Orange County.  He said that the County pays the rent of the Society’s building, and for the Society’s handling of animals brought to them by County Animal Control.  Mr. Hauser stated that the majority of funds obtained by the Society come as donations and adoption fees.  The City and County do give a contribution to the Society which is budgeted the same as to any other non-profit organization, for instance, the Boy Scouts.  John Scheidt of Orange County Animal Control appeared.  He said their main function was to protect citizens against irresponsible animal owners.  He also stated that this department is a separate operation under the County Commission.  Commr. Hoskinson recommended the Clerk send a letter to the Orange County Commission and to the Humane Society expressing the Board’s appreciation for the help received from their agencies.

accounts allowed

The County Planner requested that he be allowed to go to the D.R.I. Conference in Tampa, July 27^th and 28^th, instead of to the N.A.C.O. meeting as was originally authorized.  The Board approved travel expenses for Michael Willette, of the Planning Department, and the County Planner to go to Tampa, on motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously.

The County Planner requested two I.B.M. Selectric typewriters for the Planning Department, for which there are funds in the budget, and for which will be traded one Royal manual typewriter.  This was approved on motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously.

A request for an electronic calculator was presented by the Planner for his department.  Authorization for the purchase of one calculator, not to exceed $120.00, was given on motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously.

The Engineer said that the cost to repair the pump motor for the Courthouse air conditioner would not exceed $375.00 plus $40.00 for weekend labor.  The work was approved on motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously.

A letter was read concerning a pay raise for Mrs. Mary J. M. Valentine, Secretary, Emergency Planning Division, to the rate of $483.72 per month, effective July 1, 1973.  This was approved on motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously.

The Engineer presented a quote from Conley Electric, Umatilla, for the concrete work at the three M.V.I. stations.  The cost for the Eustis station will be $530.00; for the Minneola and Leesburg stations, $350.00 plus $25.00 for travel expenses.  These costs were approved on motion of Commr. Windram, seconded by Commr. Burhans and carried unanimously.

checks received

A check was received from Harley Morse in the amount of $90.00 for reimbursement for improving Pennsylvania Avenue, Astatula.

Jennings Rou, Inc. sent a check to the County in the amount of $200.00 to pay for discing damages to a road in the Howey area.

bids

The Board approved taking bids on gasoline and diesel fuel for the coming year on August 21, 1973, on motion of Commr. Carson, seconded by Commr. Windram, and carried unanimously.

accounts allowed

The Engineer recommended accepting the bid from Lanier Company for the reader/printer for the Engineering and Planning Departments in the amount of $2,550.00 plus a maintenance agreement of $205.00.  Commr. Hoskinson moved approval of this purchase, seconded by Commr. Carson and carried unanimously.

courthouse

Commr. Carson reported that he has an appointment with the Tavares City Council on Wednesday, July 18, 1973, at 4:00 o’clock P.M., to discuss the closing of Texas Avenue.  He has contacted Attorney Carl Duncan and he is amenable to working with the Board.  Mr. Duncan is interested in having a small one-way entrance into the parking lot from Texas Avenue, if it is possible.  He said that as a result of his conversation with Commr. Carson, and because of his position as attorney for the City of Tavares, he would be in a better position to tell the Council of the County’s plans for the Courthouse complex.

complaints

Commr. Hoskinson stated that he had received a complaint from Buck Walker, Walker’s Fish Camp, Ferndale, that the ditch from his place to Lake Apopka needs cleaning out.  This was referred to Mosquito Control, and the Clerk is to notify Mr. Yoder.

Mr. Mickey Carter, Lake Dalhousie, presented complaints of the area residents concerning overnight campers and too many people coming to the small beach.  He and the others, who live there, feel that it is dangerous to have swimmers and skiers in the same area.  Terrill Davis, Forestry Service, recommended that the parking area be limited and the activities be restricted to swimmers and fishing boats.  The Chairman asked Mr. Davis to work with the Engineer, Commr. Burhans and Mr. Carter to solve this problem.

Commr. Windram announced that he has received complaints from residents in the East Crooked Lake area that someone has fenced off the dedicated access to the lake.  The problem was referred to the attorney, even though it is his opinion that this is a private matter amongst the residents.

autos and trucks

The Attorney informed the Board that a State law which provides for the rapid pickup of junk and abandoned vehicles has been upheld in court, and the local Ordinance governing same, will not have to be amended.

county employees

A letter of resignation from Dan E. Spears, Extension Agent, Agricultural Department, effective August 1, 1973, was read.

bonds – misc.

A bond for carrying firearms in the name of Arthur Hampton was referred to Mr. Bobby Kilgo, State Attorney’s office, for comment.

On motion of Commr. Hoskinson, seconded by Commr. Carson, and carried unanimously, a firearms bond was approved for Elizabeth R. Liston.

On motion of Commr. Burhans, seconded by Commr. Carson and carried unanimously, contractors’ bonds were approved for the following:

#1048              Wallace C. Sanders dba The Alert Company

#1053              Charles L. Lawson dba Mid-State Mechanical, Inc.

#1054              Theodore J. Hagner dba Hagner Enterprises

#1055              William C. Stone dba Central Glass & Aluminum

#1056              Jerry Rempson Scott

#1057              Hugh A. Stump, Jr.

#1058              Richard B. Stott

 

Commr. Burhans mentioned a request from one of the landfill operators for a gun permit to carry a gun while he is on the job.  It was the Board’s opinion that none of the landfill operators should be allowed to carry guns while working.

A discussion followed regarding having persons who are unknown to the Board, and who are applying for gun permits, referred to the State Attorney’s Office or the Sheriff’s Department for investigation.  The Attorney suggested that perhaps the Board could alternate referrals between the two offices.

On motion of Commr. Carson, seconded by Commr. Windram and carried unanimously, a bond for member of the Board of Trustees, Lake-Sumter Community College, for Philip D. Conant, was approved.

juvenile

The monthly status report on the Volunteer Counselor program was presented and referred to the Attorney.

planning and zoning

The County Planner read into the record a recommendation from the Planning and Zoning Department, in the form of a Resolution, which concerns the R-3 District Regulation of the Zoning Ordinance of Lake County, Florida.  The Board instructed the Planner to confer with the attorney and draft an amendment to the above Zoning Ordinance.  This was approved on motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously.

prisoners

On motion of Commr. Windram seconded by Commr. Hoskinson and carried unanimously, a Work Release Program was approved for the prisoners.

accounts allowed

A service contract for five years with Clements Pest Control, with an annual cost of $45.00 was approved on motion of Commr. Carson seconded by Commr. Burhans and carried unanimously.

communications

Copy of a Resolution adopted by the Seminole County Board of County Commissioners pertaining to the Developers Fee Bill was presented and filed.

A letter from the Department of Natural Resources was referred to Commr. Carson.

zoning

It now being the time advertised to consider applications for changes to zoning classifications the following cases were brought before the Board for hearing:

Zoning Case #53-73-2 – Withdrawn on motion of Commr. Hoskinson seconded by Commr. Carson and carried unanimously.

CUP 411-4 – Approved on motion of Commr. Carson seconded by Commr. Windram and carried unanimously.

Zoning Case #62-73-2 – approved on motion of Commr. Windram seconded by Commr. Hoskinson and carried unanimously.

Zoning Case #76-73-2 – Planning and Zoning recommend approval.  Commr. Hoskinson presented a petition with 381 signatures opposing the Resolution.  The Reverend James Masterson appeared and opposed the rezoning.  James H. Edwards appeared and opposed the rezoning.  Clarence Lee of Groveland appeared and opposed the rezoning.  Chester Crum, President of the Lake County Farm Housing Corporation spoke in favor of the rezoning.  Attorney Allen Fields, representing James Shiveley, appeared and spoke in favor of the rezoning.  Willie Wintersdorf of Lake Region Packing Assn. appeared and requested information regarding the Board of Directors of Farm Housing Corporation.  He also wanted an estimate of the number of children expected to be housed in the project and inquired whether or not the school system will be able to handle them.  The County Planner recommended that the project be under a PUD with the standard minimum housing codes being enforced.  Charles Broadway, Assistant Director of Plant Planning for the District School Board appeared and spoke in regard to the schooling and transportation problems to the children in the project.  Jimmy McKee, Britt Fruit Company, appeared in the interest of the rezoning.  John Kennedy of Umatilla appeared and spoke against the project.  Commr. Carson moved that the recommendation of Planning and Zoning be upheld.  The motion died for lack of a second.  Denial of the application for rezoning was moved by Commr. Hoskinson, seconded by Commr. Burhans and carried.  Commr. Carson voted “no.”

Zoning Case #52-73-5 – Planning and Zoning recommend denial.  Frank England appeared in the interest of the rezoning.  This property has only one use and that is agricultural and that is not considered spot zoning.  On motion of Commr. Burhans, seconded by Commr. Hoskinson it was approved to rezone the one parcel to agricultural because it conforms with the general use of the area.

Zoning Case #93-73-1 – Planning and Zoning recommend change to CUP for PUD.  Attorney David Blount appeared and opposed the recommendation of Planning and Zoning; he would like to renew the application for R-3.  Mrs. Runyan appeared and opposed the rezoning.  The zoning was changed to R-3 on motion of Commr. Carson, seconded by Commr. Burhans, and carried unanimously.

Zoning Case #94-73-1 – Planning and Zoning recommend change from R-3 to CUP for PUD.  Attorney David Blount said he opposes the recommendation.  On motion of Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the R-3 zoning.

Zoning Case #89-73-1 – On motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the case was postponed to August 21, 1973.

Zoning Case #81-73-1 – Planning and Zoning recommended denial.  Roger L. Peterkin appeared in interest of rezoning.  The Chairman recommended that the case be postponed for more study.  On motion of Commr. Windram, seconded by Commr. Carson, the case was postponed to August 21, 1973.

Zoning Case #86-73-2 – Planning and Zoning recommend denial. The recommendation was upheld on motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously.

CUP 414-1 – Planning and Zoning recommend approval.  Charles Broadway appeared, not in opposition to the project, but to inquire how many school children would need to be transported to other schools.  Jack Glatting of Environmental Design Group appeared in interest of the permit.  On motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the recommendation of Planning and Zoning was upheld.

CUP 382-A-1 – Planning and Zoning recommend denial.  Louis Prevatt appeared in interest of the rezoning saying that the mobile home will be a temporary residence for the pastor of the church until a new residence can be built.  S. L. Kilgore appeared in interest of the recommendation of Planning and Zoning.  The recommendation was upheld on motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously.

Zoning Case #79-73-1 - Approved on motion of Commr. Carson, seconded by Commr. Windram and carried unanimously.

Zoning Case #90-73-1 – Approved on motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously.

Zoning Case #78-73-3 – Approved on motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously.

Zoning Case #83-73-2 – Withdrawn on motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously.

CUP 412-2 – Approved on motion of Commr. Carson, seconded by Commr. Windram and carried unanimously.

CUP 413-3 – Approved on motion of Commr. Hoskinson seconded by Commr. Carson and carried unanimously.

Zoning Case #85-73-3 – Planning and Zoning recommend denial.  The recommendation was upheld on motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously.

Zoning Case #82-73-3 – Approved on motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously.

Zoning Case #88-73-3 – Approved on motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously.

Zoning Case #80-73-4 – Postponed to August 21, 1973, on motion of Commr. Hoskinson, seconded by Commr. Windram and carried unanimously.

Zoning Case #92-73-4 – Approved on motion of Commr. Carson, seconded by Commr. Windram and carried unanimously.

Zoning Case #87-73-4 – Approved on motion of Commr. Windram, seconded by Commr. Carson and carried unanimously.

Zoning Case #84-73-4 – Planning and Zoning recommend denial.  Bobby Walker, applicant, appeared in interest of rezoning.  The County Planner said the present mobile home on the property is probably in violation of the zoning regulations.  Mr. Walker was advised to apply for rezoning or be red tagged.  The Board upheld the denial on motion of Commr. Windram, seconded by Commr. Carson and carried unanimously.

Zoning Case #91-73-4 – Approved on motion of Commr. Windram, seconded by Commr. Burhans and carried unanimously.

Zoning Case #66-73-3 – Approved on motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously.

Zoning Resolutions 12-73 and 13-73 were adopted amending the rules and regulations on the described tracts of land.  Said Resolutions being made a part of these minutes.

There being no further business to bring before the Board, the meeting adjourned at 6:30 o’clock p.m.

 

 

_________________________________                                                                                                      ______________________________

CLERK                                                                                                                                                           chairman