A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

september 3, 1974

The Lake County Board of County Commissioners convened in regular session on Tuesday, September 3, 1974 at 9:00 a.m., in the Commissioners’ Room, Courthouse, Tavares, Florida.  The following members were present: James R. Carson, Jr., Chairman, C. A. Deems, J. M. Hoskinson, Thomas J. Windram, and Glenn C. Burhans.  Others present were:  James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Andrea Gambrell, Deputy Clerk.  Absent were:  James R. Carson, Jr., Chairman; J. M. Hoskinson; and James C. Watkins, Clerk.

The Invocation was given by James C. Watkins, and the Pledge of Allegiance was led by James R. Carson.

minutes

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the minutes of August 20, 1974 were approved as amended.  Amended copy is on file in the Minute folder of August 1974.

communications

Commr. Carson presented a letter from the State of Florida Department of Pollution Control regarding the meeting of August 27, 1974 in Orlando for the purpose of finalizing the 201 boundary.  Commr. Carson stated the letter had arrived late.

The Chairman presented a letter from the Florida Game and Fresh Water Fish Commission containing a short summary of events which have transpired since the drawdown of Lake Carlton was proposed.

A letter from the Department of Health and Rehabilitative Services regarding future funds for Drug Abuse Prevention was presented by the Chairman.  The letter was referred to Mr. Ramon Ubieta, Executive Director of the Lake Sumter Community Health Center.

Mr. Carson presented a letter from Mr. Emmett S. Roberts, Deputy Secretary, regarding the use of the Old Courthouse as a one stop social service center.  It stated that Mr. Roberts is trying to work out a date when he will be able to meet with the Board to discuss this matter.

tax assessor

The Chairman brought to the attention of the Board the letter which was received from the Law Firm representing Howze and Company with regards to the complaint of the quality of work the office of the Tax Assessor feels it is receiving.

Christopher C. Ford, County Attorney, stated that he had been contacted regarding the substantial errors being made in the reassessment.  Mr. Ford further stated that the contract for this work is between the State, Howze and Company, and the Tax Assessor.  The Board of County Commissioners is not bound by this contact in any way.  However, Mr. Ford said there may be a conflict if he (Mr. Ford) continues to give advice to the Tax Assessor when called upon and urged that the Tax Assessor obtain his own attorney for legal advice in this matter.

Mr. Ford advised the Board to contact all Tax Recipient Agents informing them of the delay in the completion of the reassessment and that they may experience a substantial delay in the receipt of the 1974 tax monies.  On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved for such a letter to be written to the Tax Recipient Agents of the County.

roads – county

Mr. Larry Morey, Assistant County Engineer, appeared regarding the closing of an unnamed street in Howey-in-the-Hills described as follows:

From the Southeast corner of Gov’t Lot 7, Section 23, Twp. 20 South, Range. 25 East, Lake County, Florida, run S. 89 degrees 43’00” West along the South line of said Gov’t Lot 7 for 1278.82 feet, thence run North 0 degrees 03’40” West for 277.74 feet to the Southerly line of a county road and the Point of Beginning, thence run South 42 degrees 02’10” East for 165.22 feet, thence run South 57 degrees 13’20” East for 121.64 feet, thence run North 14 degrees 02’00” East for 52.80 feet, thence run North 57 degrees 13’20” West for 96.40 feet, thence run North 42 degrees 02’10” West for 159.06 feet, thence run South 0 degrees 03’40” East to the Point of Beginning.

The Clerk stated the proof of publication had been received and was on file.

Mr. Tom Lyon of the Mission Inn and Country Club appeared and stated that the Inn owns all the property around this small road but does not own the road itself.  A question was raised that if this street is inside the City Limits of Howey, the County will be unable to close the above-described road.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board postponed this road closing until 10:45 a.m. so that more information could be obtained.

Later in the morning Mr. Lyon, Mr. Morey, and the County Engineer returned to the Board and stated that this road was inside the City Limits of Howey, but the County held the deed on this road.  Mr. Ford, County Attorney, stated that this would have to be sold at a public sale.

On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Board approved that this property be declared surplus property subject to the approval of the County Engineer and that it be sold at a public auction at a date and time to be advertised by the Clerk’s office.  The Clerk is to obtain an appraisal of the property and the minimum bid may be no lower than the cost of the advertisement and appraisal.

The Board requested that the City of Howey-in-the-Hills, Mission Inn and Country Club, and Mr. C. L. Griffin (owner of grove property near the road in question) be notified of the advertisement.

ordinances

On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board approved the postponement of the Ordinance readings until 11:15 a.m.

At 11:15 a.m. the Board read the following ordinances:

On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board placed Ordinance 1974-3 concerning mobile homes on first reading by title only, which is as follows:

AN ORDINANCE AMENDING THE ZONING REGULATIONS OF LAKE COUNTY, FLORIDA, ORDINANCE 1971-6 AS AMENDED BY REPEALING EXISTING SECTION 66, MOBILE HOME SUBDIVISIONS/RENTAL PARK DISTRICT IN ITS ENTIRETY AND BY ENACTING A NEW SECTION 66, MOBILE HOME RENTAL PARK RESIDENTIAL DISTRICT FOR THE EXCLUSIVE PURPOSE OF MOBILE HOME RENTAL PARKS AND ENACTING A NEW SECTION 665 TO BE KNOWN AS THE MOBILE HOME RESIDENTIAL DISTRICT FOR THE EXCLUSIVE PURPOSE OF MOBILE HOME SUBDIVISIONS.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, Ordinance 1974-3 was passed on its first reading.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board placed Ordinance 1974-2 concerning setbacks on its third reading by title only, which is as follows:

AN ORDINANCE AMENDING THE ZONING REGULATIONS OF LAKE COUNTY, FLORIDA, ORDINANCE 1971-6 BY AMENDING STRUCTURE SETBACKS AS FOLLOWS:  DELETE “PROPERTY ADJACENT TO STATE; FEDERAL AND COUNTY STREETS, ROADS, OR HIGHWAYS SHALL MAINTAIN A FIFTY FOOT (50) SETBACK LINE FROM THE HIGHWAY RIGHT OF WAY FOR ANY STRUCTURE EXCEPT SIGNS WHICH SHALL MAINTAIN A TWENTY-FIVE FOOT (25) SETBACK,” IN THE FOLLOWING PARAGRAPHS: 60.140, 61.140, 62.140, 63.140, 645.140, AND 67.140 AND INSERT THE FOLLOWING: “PROPERTY ADJACENT TO STATE AND FEDERAL HIGHWAYS SHALL MAINTAIN A FIFTY FOOT SETBACK ON THE HIGHWAY RIGHT OF WAY FOR ANY STRUCTURE EXCEPT SIGNS WHICH SHALL MAINTAIN A TWENTY-FIVE FOOT SETBACK.  PROPERTY ADJACENT TO ROADS OTHER THAN STATE OR FEDERAL HIGHWAYS SHALL MAINTAIN FOR ANY STRUCTURE A SETBACK OF SIXTY-TWO FEET FROM THE CENTERLINE OF THE ROADWAYS OR TWENTY-FIVE FEET FROM THE ROAD RIGHT OF WAY, WHICHEVER IS GREATER.”  DELETE: “IN THE CASE OF EASEMENTS FOR INGRESS AND EGRESS HOWEVER STATED, THE SETACK SHALL BE SIXTY-TWO FEET FROM THE CENTERLINE OF SUCH EASEMENTS FROM THE FOLLOWING PARAGRAPHS:  60.141, 61.141, 62.141, 63.141, 64.141, 645.141, AND 67.141 AND INSERT THE FOLLOWING:  IN THE CASE OF EASEMENTS FOR INGRESS AND EGRESS, WHERE SUCH EASEMENTS HAVE BEEN LEGALLY CREATED, THE SETBACK SHALL BE SIXTY-TWO FEET FROM THE CENTERLINE OF SUCH EASEMENT.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved and adopted Ordinance 1974-2 on its third and final reading.

On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Board placed Ordinance 1974-4 regarding the density of cluster housing on second reading by title only, which is as follows:

AN ORDINANCE AMENDING THE ZONING REGULATIONS OF LAKE COUNTY, FLORIDA, AS AMENDED BY DEFINING THE DENSITY OF CLUSTER HOUSING.

On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, Ordinance 1974-4 was approved on its second reading.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved the advertisement of an Animal Control Ordinance 1974-7 for October 1, 1974 at 11:00 a.m.

maps and plats

Mr. Larry Morey, Assistant Engineer, appeared regarding the vacation of a plat in the Orange Heights Subdivision described as follows:

Block 10 and 11 in Orange Heights Subdivision; according to the Plat thereof recorded in Plat Book 6, Page 42, Public Records of Lake County, Florida; also that portion of Highland Street lying between the aforementioned Blocks 10 and 11 in Orange Heights Subdivision.

The Clerk stated that proof of publication had been received and was on file.

No one appeared in objection to the vacation of a portion of this plat.  On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the vacation of the above-described plat.

recess and assembly

The Commissioners adjourned for lunch at 12:00 p.m. and reconvened at 1:30 p.m.  The Chairman announced the Commissioners would have lunch at the Silver Lake Golf and Country Club and the press and public were invited on a Dutch-treat basis.

road maintenance – subdivisions

Mr. Donoghue, County Engineer, presented a cost estimate for the paving of the roads in East Lake Harris Estates.  Mr. Donoghue, however, stated that he had not included all the overhead the County would have in this cost estimate.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board authorized the County Engineer to contact Mr. Stebbins, attorney for the residents of East Lake Harris Estates, and inform him of the cost estimate, subject to the adjustments of the Engineering Department.

road names

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved the renaming of Brookhaven Court to Kamalin Court and a resolution stating same.

A letter from Dr. and Mrs. Edward F. Draves is on file which stated that they are the sole owners of the Hill Subdivision.

MVI

On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board directed the Chairman to sign the authorization form which would allow the County Engineer to purchase Motor Vehicle Inspection Certificates.

roads – county

Commr. Carson stated that the County Engineer and the Board had inspected the extension of District Road 1-5032 at Silver Lake during lunch because the residents have asked that it be taken into the County maintained system.  Mr. Donoghue stated that it met County standards and recommended that it be taken into the County system.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the extension of DR 1-5032 at Silver Lake be taken into the County maintained system.

Commr. Burhans brought to the attention of the Board a petition from the residents of Astor Forest Campsites requesting the County rebuild the roads in the Astor Forest Campsites and maintain them.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board requested the Clerk to notify the residents in the Astor Forest Campsites that if the roads are brought up to County specifications, the County would then take the roads into the maintenance system.

licenses and permits

The Board discussed the new application for the issuing of gun permits in Lake County.  The Board of County Commissioners carefully discussed each item.  On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the proposed procedure for the issuing was amended, and the amended application was approved as the new Firearm Procedure for Lake County.  In the case of renewal applications, the old permit is extended 60 days.  A resolution was adopted stating same.  A copy of the original and amended copy of the application is on file in the Minute Folder for August 1974.

resolutions or hospitals

The County Attorney presented two resolutions which divide the $18,000 for the State for Emergency Medical Facilities between Leesburg General Hospital and South Lake Memorial Hospital, each receiving an equal amount of $9,000.  Copies of this resolution should be given to the parties involved.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board adopted the resolutions and authorized the Chairman to sign same.

hyacinth control

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board adopted the resolution regarding aquatic weed control on public waters and authorized the Chairman to sign the same.  This resolution was requested by the Department of Natural Resources through the Mosquito Control Department of Lake County.

leases

The Clerk reported that his office had found facilities in Tavares to house the offices that now occupy the Pioneer Building.  He stated that the partitions will be placed according to the County’s need.  The rent will be $3.50 per square foot.

The Clerk presented a proposed lease drawn up by the owners of the building, Mr. Ed Hurston and Mr. Gene Brown.  This lease was referred to the County Attorney.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board authorized the Chairman to sign the addendum #2 to the Cooperative Equipment Lease between the Division of Forestry and the Lake County Board of County Commissioners for the Pine Lakes Volunteer Fire Department.

budgets

The Clerk presented his budget for the Fiscal Year 1974-75.

animals

The Clerk presented a form from the Lake County Animal Shelter.  This form is for the owners to fill out when they bring their animals in for the County to destroy.  On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, this form was approved to be used in the Lake County Animal Shelter.

civil defense

Mr. Ford, County Attorney, commented on the excerpt from the State Disaster Preparedness Act of 1974 which the Board received in the mail from the Civil Defense Office.  He stated that according to this act, the Civil Defense Director had to be approved by the State.  Mr. Ford suggested that Mr. Bollenberg be sent a letter stating that he would be held responsible for the organization and that the Board presumed that his name had been submitted to the State for approval; if not, the Board expects him to fill out the necessary forms to obtain this approval from the State.

state agencies

The Clerk presented a letter from Mr. John W. Boyd, Division of Youth Services, requesting that the County fund the Cadet Program. On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the request for the funding of the program was denied.

bonds

On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried, the following contractor bonds for Certificates of Competency were approved:

541      Albert F. Schubert (carpenter)

1211    William Henry Lynum, Jr. (general)

1212    Tommy Joe Duncan dba Duncan Company (mechanical)

1213    Kenneth D. Strayer and Comfort Air Systems (mechanical)

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the following Contractor Bonds were approved for cancellation:

169      Phil LaBar dba Ralph C. Thompson & Sons

337      Thomas E. Walker dba Jim Walter Homes, Inc.

476      E. E. Snavely and E. E. Dean Snavely, Inc.

541      Albert F. Schubert

805      Glen Prickett dba City Electric

922      Gary Kay dba A to Z Carpentry

994      Luther R. Buckner

1000    Dennis M. Hillard

1001    Turner B. Peterson dba Stucco Brick, Inc.

1173    Douglas Mac Thompkins dba Perma Bilt Homes, Inc.

state agencies

Mr. Virgil Hawkins, Lake Community Action Association, appeared before the Board requesting funds for the continuation of the programs which they are operating.  He reported that State funds were available, but that these funds had to be matched by local funds, half of which must be in cash and the other half may be in-kind services.

The Board informed Mr. Hawkins that if the County is going to support such programs, they would like it to be administered by a department under the jurisdiction of the Board of County Commissioners.  Commr. Burhans stated at this time that Mr. Aubrey Hayes, Director of the Lake County Welfare Department, said he would administer the programs the Board wished to continue.

The Board told Mr. Hawkins that Mr. Hayes would be instructed to contact the Lake Community Action Association to set up a meeting and to discuss with them the programs that are now in operation so that Mr. Hayes can report back to the Board as to the programs worthwhile continuing.

funds – transfer

Commr. Carson brought to the Board’s attention a letter from Guy C. Bliss, Sheriff, requesting that the $10,000 in the Reserve for Contingencies be transferred to the following accounts:

$7,000 to Expenses Other than Salaries

$3,000 to Investigations

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the above transfer was approved.

accounts

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved travel for Mr. Bob Alderman to go to Jacksonville to finalize the Landfill Budget, State II funds on September 11, 1974.

On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board approved the repair of the air conditioning unit in the Division of Youth Services at a cost of $600, that being the best and lowest of three quotations.

There being no further business to bring before the Board, the meeting was adjourned at 5:15 p.m.

 

 

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james r. carson, jr., chairman

 

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James C. Watkins, Clerk