A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

july 20, 1976

The Lake County Board of County Commissioners convened in regular session on Tuesday, July 20, 1976, at 9:00 a.m., in the Board of County Commissioners’ Room, Courthouse, Tavares, Florida.  Present were:  Thomas J. Windram, Chairman; C.A. “Lex” Deems; Thomas J. Windram; Glenn C. Burhans; and James R. Carson, Jr.  Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Andrea Gambrell, Deputy Clerk.

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

public health

Dr. Thomas Langley, Chairman of the EMS Council, appeared before the Board requesting a letter of endorsement for the establishment of an Emergency Medical Technician II training program in Lake County at the Lake County Vo-Tech School.  He stated that those participating in the program would have more knowledge in life saving procedures which would in turn upgrade the Ambulance Service.  He stated that should the Board approve for such a letter to be written, he would like the letter to be delivered to him in order that he could forward it to Mrs. June Rosario in the Department of Health and Rehabilitative Services in Jacksonville.  Discussion was held.  Dr. Langley stated that Mr. Ford, County Attorney, had reviewed the proposed letter of endorsement; however, the Board indicated that it would like to defer action on this letter until the County Attorney returned to the meeting.

At this time, Dr. Langley presented to the Board a report which had been compiled by a special committee established by the EMS Council to review and discuss various allegations made by Mr. Robert Moore involving the Ambulance Service and recommending that a county-wide Ambulance Service be established.

commissioners

At 9:15 a.m. Commr. Hoskinson arrived for the Board meeting.

public health

At this time, the Chairman stated that he felt Mr. Moore should be informed that an investigation had been made regarding this matter by a special committee appointed by the Emergency Medical Services Council.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved for a letter to be written to Mr. Robert Moore informing him that a special committee has reviewed and researched his recommendations regarding the Ambulance Service, that a report has been given to the Board of County Commissioners and at this time the Board does not feel that any adjustments should be made in the service.

The Board discussed with the County Attorney the requested letter of endorsement regarding the establishment of an EMT II program at Lake County Vo-Tech.  On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the letter of endorsement of the EMT II program be written as requested.

county property

Commr. Carson informed the Board that he and Mr. Ford had met with the representatives from Lake Region Packing regarding the possible purchase of the warehouse and property owned by Lake Region which is located adjacent to the Health Department.  Commr. Carson stated that Lake Region had received an MAI Appraisal of the property in question, which was $11,200.  Discussion was held.  On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the purchase of the above-mentioned property at the appraised value of $11,200 and authorized for the necessary transfers to be made from Contingency for this purpose.

tax levy

Commr. Deems discussed the matter involving the dispute regarding the tax monies collected for the Northwest Lake County Hospital District.  Mr. Ford stated that there is a local act which affects how these monies can be disbursed.  Mr. Ford was requested to fully research this matter and present to the Board a report as soon as possible.

machinery and equipment

Commr. Deems stated that he had looked into the purchase of scales for the landfills.  He stated that he had an estimated cost of $15,000 for these scales; however, he was looking into the purchase of used scales.

road closing

Mr. Larry Taylor, Attorney representing Mr. McKay, the petitioner, appeared before the Board regarding the closing of DR 1-7917.  He stated that he has been unable to contact the adjoining property owner and would like a postponement of this hearing.  Mr. Ford, County Attorney, recommended that the hearing be readvertised at a time and date determined by the Board.  On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved for this petition to be readvertised for Tuesday, September 7, 1976 at 2:00 p.m.

roads – county

Commr. Hoskinson brought to the attention of the Board that he had received a request from residents in south Lake County for permission to place a 2 ˝ inch pipe in a County culvert in order to obtain water from a nearby lake for the purpose of watering lawns.  Mr. Morey, Assistant Director of Public Works, was present at the meeting at this time and indicated that it has been allowed in the past, provided the pipe placed in the culvert did not hinder the flow of water through the culvert.  Commr. Hoskinson requested that Mr. Morey review the matter and recommend to him what action should be taken.

public health

The Chairman presented to the Board a letter from Representative Martin regarding House Bill 3734, which involves the County’s financial responsibility dealing with the budget of the Mental Health Programs.  Discussion was held.  Mr. Ford was requested to conduct a full research on this bill and inform the Board of its proper interpretation.

civil defense

Commr. Windram presented to the Board a letter from the Department of Community Affairs regarding the Governor’s Executive Order #76-6 which replaces Executive Order #75-4 implementing the provisions of the State Disaster Act of 1974.  This was referred to the County Attorney for review and explanation to the Board.

roads – county

The Chairman presented to the Board a letter from the Department of Transportation informing the Board that since it has removed the S 452A project from the work schedule, Lake County has an excess of $660,000 in its Road Fund.  It was suggested that Lake County assign these funds to secondary roads in its system that need resurfacing.  This letter was referred to Mr. Bob Andrew, County Engineer, for his review and recommendation to the Board.

The Chairman presented a letter to the Board from Mr. John Tiedtke regarding the possible deeding of a road to Lake County.  The Board requested that this be referred to Mr. Andrew for his attention and recommendation to the Board as to the worth of this land to Lake County.

water level

Commr. Hoskinson brought to the attention of the Board that he had been contacted by several residents who are concerned about the lowering of the water level of Lake Harris.  Discussion was held, but no formal action was taken.

communications

Mr. Bob Fallin, Public Affairs Manager, appeared before the Board and conducted a slide presentation regarding the competition in service which the telephone industry is facing.

At the conclusion of this presentation, Mr. Fallin stated that the independent suppliers can choose to serve only those areas which will produce a profit to their company and do not have to take the responsibility for serving those citizens in the isolated areas.  He stated that there is one Senate Bill and three House Bills which the telephone company is in favor of because they would help regulate these independent carriers.  He requested that the Board write or adopt a resolution supporting these proposed bills.  No. action was taken at this time.

resolutions

Commr. Hoskinson presented to the Board a sample resolution from the National Association of Counties urging Congressional approval for a payment-in-lieu of taxes system that will compensate local governments for the tax immunity of federally owned lands.

On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board adopted the aforementioned resolution and requested that it be forwarded to Florida’s state legislators in Washington, D.C.

county materials

Commr. Burhans brought to the attention of the Board that the Flagship Bank of Tavares had clay which it would like to sell to the County.  Commr. Deems requested the Clerk to have Mr. Bob Andrew, County Engineer, contact Mr. Darryl Wrobel at the Flagship Bank of Tavares to discuss this matter and report to the Board the necessary information it needs to take formal action on this matter.

appropriations

Commr. Burhans stated that he had been informed that Lake County’s desire to continue the operation of the CETA Title I funds had been overturned and that the State had placed the program in the hands of Lake County Health and Rehabilitative Services under the direction of Mrs. F. Knowles.  Discussion was held.  On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board adopted a resolution stating that since the County is program agent, it would like to take over the operation of the above-mentioned program.  The Board stated that it would then contract the operation of the program to Mr. Glyn Faircloth, Director of the Florida State Employment Service.

tax levy

Mr. Watkins presented to the Board for its review the report which his office had compiled regarding the double taxation issue which has been of concern to many of the municipalities.  It was further mentioned that any county who has become involved in this question has had to proceed through the courts for proper determination.

accounts allowed

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved payment of the bill from Jack Jones Architect in the amount of $11,112.43 and the bill from the General Contractor in the amount of $298,165.10 retroactive as of July 13, 1976.  Both these bills are in accordance with their contract with the County.

county property

Mr. Watkins presented to the Board a list of items such as desks, chairs, filing cabinets, etc. which Helpline would like to use on a loan basis.  Mr. Watkins stated that these items are available in the warehouse.  On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved for the items as presented by Mr. Watkins to be made available for use by Helpline on a loan basis with the understanding that they will be returned to the County upon request by the Board of County Commissioners.

ordinances

At 11:00 a.m. the Chairman announced that the advertised time had arrived to consider the following Ordinance:

AN ORDINANCE REGULATING OUTDOOR ADVERTISING; DEFINING OUTDOOR ADVERTISING; PROVIDING FOR TEMPORARY SIGNS; REGULATING THE LOCATION, SIZE, AND PLACEMENT OF THE SIGNS; PROVIDING FOR A SYSTEM OF PERMITS FOR REGULATING OUTDOOR ADVERTISING AND PROVIDING FOR CHARGES FOR SAID PERMITS; PROVIDING FOR THE REGULATION OF SIGNS ALONG FEDERAL – AID PRIMARY HIGHWAYS IN ACCORDANCE WITH THE FEDERAL HIGHWAY BEAUTIFICIATION ACT OF 1965; PROHIBITING CERTAIN TYPES OF SIGNS; PROVIDING FOR A PHASE OUT PERIOD FOR NON-CONFORMING SIGNS AT THE ENACTMENT OF THE ORDINANCE; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

Discussion was held.  Due to the changes that were discussed, it was suggested that the two Sign Ordinances scheduled to be heard by the Board be postponed until the Planning Department is able to work further on the wording and conditions in the Ordinance.  On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board postponed these ordinances until September 21, 1976 at 11:00 a.m.

county employees

Mr. Porter, Special Assistant to the Board, appeared before the Board regarding the adoption of the Pay Plan and Job Classifications as compiled by Cody and Associates.  Discussion was held on the certain discrepancies within the plan that have been brought to the attention of the Board by various department heads. 

Mr. Porter stated that he was aware of the comments that had been made involving the plan.  He further stated that Mr. Cody and his firm were willing to adjust the plan for the first year according to the changes that were made by the Board.  Commr. Deems voiced his opinion that during his review of the plan, he had difficulty in fitting some of the County employees into the capacities that had been described for their particular position.  Commr. Deems stated that his suggestion would be for Mr. Porter to contact Mr. Cody and establish appointments with the various department heads to “work out the bugs” in the plan and make it fit Lake County’s needs.  This idea met with the approval of the Board.  No formal action on the submitted plan was taken at this time.

recess and reassembly

At 12:10 p.m. 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.

county tax collector

Mr. T. Keith Hall, County Tax Collector, appeared before the Board to present and discuss with the Board the record of Errors, Insolvencies, and Double Assessments.  He briefly explained to the Board the meaning of the figures involved in this report.

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the Errors, Insolvencies and Double Assessments that were presented to the Board by the Tax Collector and authorized for the Board members and Clerk to sign same.

bonds

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

1406-76           Roy Thompson dba Thompson Tile & Floor Covering

1140-76           Larry G. Walker – Electrical

accounts allowed

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board approved the installation of additional wiring in the Agricultural Center due to an overload on one outlet at a cost of $250.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the purchase of certification examinations from H. H. Block & Associates and Harry Boothe Seminars in the amount of $1,000.

county property

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the certification of Mr. Glenn Middleton as having the authority to sign for materials at Starke as Lake County’s Alternate Surplus Property Agent.

resolutions

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board adopted a resolution approving the DOT to purchase from Lake County’s Secondary Road Fund the necessary right-of-way needed for a temporary detour in the reconstruction of the Apopka-Beauclair Bridge.

county property

The Deputy Clerk informed the Board that sealed bids for the sale of the floor mounted drill press were received and opened on July 16, 1976.  She read the three bids to the Board as follows:

Leland E. Cromwell                                        $154.00

John D. McLain                                                  60.00

Tucker’s Heavy Equipment Service Inc.          226.00

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the acceptance of the bid from Tucker’s Heavy Equipment at $226.00, being the best bid of those received.

courthouse

The Clerk brought to the attention of the Board that it has been requested for the Board to establish a time and date for the topping ceremonies of the Courthouse.  The Board requested Mr. Watkins to inquire as to the time length of such a ceremony.

reports

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board accepted the monthly report of the Youth Programs, Inc.

county employees

The Deputy Clerk presented to the Board a memorandum from Mr. Porter requesting approval from the Board for the salary of Mr. Harry Spooner to be raised to $8,100 a year, retroactive as of June 1, 1976.  It was explained that the Board had approved this increase after a 90-day probationary period, which has been completed.  On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the above salary change was approved as requested.

contracts and agreements

Mr. Ford, County Attorney, reported to the Board on the agreement between the County and the State involving the building presently being used by the Division of Youth Services.  He stated that according to the Clerk, the cost of maintaining the building exceeded the $625 month rent which was presently being paid by the State.  Discussion was held.  On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved to increase the rent on this building to $800 per month and requested the County Attorney to alter the agreement to reflect same.

planning and zoning

rezoning case 50-76-2   a to r-1-5   bertha b. doyle

No one appeared before the Board regarding this case.  On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Board and approved the rezoning to R-1-5.

cup 528-3   cup in a    cecil d. thompson

Mr. Norman C. Cummins, attorney for Mr. Thompson, appeared before the Board in favor of approval of the CUP.  He stated that this race track would be located near Mr. Thompson’s home and assured the Board that Mr. Thompson would not build anything detrimental near his private home.  He also pointed out the need for this facility because of the number of youth in Lake County that take an interest in racing as well as the use of this race track for various other civic and public events.

Mr. Carl Kirkman appeared before the Board in favor of this CUP and reconfirmed the statement of Mr. Cummins that this facility is needed in Lake County to benefit the youth of the area.

Mr. Jim Adler of Tavares appeared before the Board and stated that he was in favor of this race track and stated that he had visited other race tracks in the Florida area and felt that it would benefit the area as well as the youth.

Mr. Cummins presented to the Board letters from the mayors of Auberndale and Inverness stating that the race track in their municipalities has not caused a problem to the municipality or its residents.  Mr. Cummins also stated that the City Council of Astatula voted unanimously in favor of this race track.  At this time, he also presented to the Board a letter from Mr. T. G. Freeman, an adjacent property owner, stating that he had no objections to the construction of a race track at this site.

Mr. Perry Duff, Mr. H. E. Schultz, Mr. Robert Tuller, Mr. John McCormick, Mr. James Saresan, Mrs. Sandra Daniels, and Mrs. Anita Crabtree appeared before the Board in opposition to the construction of this race track.  Points of discussion were the noise factor of such a facility, traffic problems, the possible decrease in real estate values, the capabilities of SR 561 to carry the traffic that would be traveling this road to make use of this facility, and the possible adverse activities that may take place at this facility during various events.

Discussion was held.  It was moved by Commr. Carson and seconded by Commr. Hoskinson that the recommendation of the Planning and Zoning Board be overturned and that the CUP be approved.  Commr. Carson and Commr. Hoskinson voted “yes.”  Commr. Burhans, Commr. Windram, and Commr. Deems voted “no.”  The Chairman announced that the motion did not carry.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the recommendation of the Planning and Zoning Board was upheld and the CUP was denied.  Commr. Carson voted “no.”

classification of uses in r-1-7 for cluster housing - phil bradley

No one appeared before the Board in opposition to this classification of use.  On a motion by Commr. Deems, seconded by Commr. Carson, the recommendation of the Planning and Zoning Board was upheld and the classification of use was approved.

cup 526-2      cup in r-1-7     phil bradley

Mr. Phil Bradley appeared before the Board to oppose the restrictions placed in this CUP prohibiting him from renting the proposed home or selling the property.  The Board explained that the condition regarding the sale of the property only means that he sell the property as a while piece and not subdivide it into two separate lots.  However, the Board did have some reservations as to its authority in prohibiting Mr. Bradley from renting the proposed dwelling if he so desired.  Mr. Ford, County Attorney, stated that in his opinion, such a condition would be difficult to defend in a court case.

Mr. Cummins, Attorney representing the surrounding property owners, appeared before the Board in favor of the CUP with the conditions that have been placed on same.

Discussion was held.  On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board postponed this case until August 17, 1976 at 2:00 p.m. or as soon thereafter as possible.

cup 526-2      cup in r-1-5   st. john baptist church

No one appeared before the Board in opposition to the postponement of this case.  On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board postponed this case until August 17, 1976 at 2:00 p.m. or as soon thereafter as possible.

rezoning case no. 61-76-1      rmrp to rr    william pease

No one appeared before the Board regarding this case.  On a motion by Commr. Carson, seconded by Commr. Seems and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was changed to RR.

cup 533-1      cup in a    a.l. jolley

No one appeared before the Board regarding this case.  On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the CUP was approved.

rezoning case 64-76-2  r-1-7 to cp    mr. & mrs. tex allen merritt

No one appeared before the Board regarding this case.  On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was changed to CP.

rezoning case 59-76-2  a to r-1-15   john t. robertson

No one appeared before the Board regarding this case.  On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning was approved to R-1-15.

rezoning case 63-76-3  r to r-1-7-lucille knight and  p & Z commission

No one appeared before the Board regarding this case.  On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board recommendation of the Planning and Zoning Board was upheld and the rezoning was approved to R-1-7.

rezoning case 65-76-3   rr to r-1-15   givens and p & z commission

It was announced that the petition had been withdrawn.  No one appeared before the Board in opposition to the withdrawal of this petition.  On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved the withdrawal of this petition.

cup 534-5      cup in a    Mrs. Eula m. hawkins

No one appeared before the Board regarding this case.  On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the recommendation of the Planning and Zoning Board was upheld and the rezoning to R-1-5 was denied.

rezoning case 62-76-4  rr to r-1-15   mr. and mrs. r.w. dickson, jr.

No one appeared before the Board regarding this case.  On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board postponed this case until September 21, 1976 at 2:00 p.m. or as soon thereafter as possible.

cup 534-4   cup in rr   otto kaupas

Mr. Charles Conover, resident in the area in question, appeared before the Board in opposition to this facility.  He stated that this is a residential area, and they would like it to remain residential.  He also stated that there were concerns among the residents regarding a new law which was passed allowing a tennis facility consisting of not less than 10 tennis courts the ability of obtaining a liquor license.

Mr. Otto Kaupas appeared before the Board and stated that to obtain a liquor license, they would have to conform to the regulations of the County governing such a license; he also stated that he had no intention of obtaining such a license.  Mr. Kaupas briefly explained that this would be a semi-private club with opportunities for the public to use the proposed tennis courts on a court fee basis when available.

Discussion was held on adding to the CUP the prohibition of alcoholic beverages to be sold on the premises.

It was moved by Commr. Carson to uphold the recommendation of the Planning and Zoning Board and approve the CUP, and seconded by Commr. Hoskinson.

Under discussion, Mr. Willard Gatch appeared before the Board and stated that he was in the process of building a fairly expensive home, and he objected to these proposed tennis courts being located right next to his new home.

Commr. Hoskinson discussed inserting into the CUP a curfew for playing hours on the courts in an attempt to eliminate persons playing tennis into the early morning hours.

Mr. Curtis Jack appeared before the Board and stated that this area is a quiet residential area, and the majority of people using this facility would not be from the immediate area.

Mrs. Pauline Craig appeared before the Board and stated that she has never heard of a tennis facility decreasing the value of real estate; in fact, she stated that in the majority of cases, such a facility increases values of the surrounding property.

The question was called for and the vote was taken on the motion as made.  Commr. Windram, Commr. Carson, Commr. Deems, and Commr. Hoskinson voted “yes.”  Commr. Burhans voted “no.”

suits affecting the county

Mr. Ford stated that a letter had been received by Commr. Hoskinson as Chairman of the Board from David Rogers, Attorney, who is defending the County in an insurance suit and requested a meeting with the Chairman before the hearing scheduled on September 7, 1976.

Mr. Ford stated that since Commr. Windram was now Chairman, he should confer with Mr. Rogers as Chairman instead of Commr. Hoskinson.

Commr. Windram stated that he would like Mr. Ford present when he calls Mr. Rogers about this matter.

contracts and agreements

Commr. Carson stated that Mr. Watkins, Clerk, has presented additional figures on the maintenance of the building being used by the Division of Youth Services which showed the maintenance costs as being more than $500 per month.  Discussion was held on the new rental price which will be requested by the County for this building.  On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board rescinded its motions made earlier in the day and changed the rental price of the building to $750 per month rather than $800 as was discussed earlier.

Mr. Ford discussed the contract between the State and County regarding the Juvenile Shelter.  He stated that he still has objections to the termination clause and would contact the proper authorities regarding this matter and a possible 12-18 month cancellation clause.

There being no further business to be brought before the Board, the meeting adjourned at 5:25 p.m.

_________________________________

thomas j. windram, chairman

 

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James C. Watkins, Clerk