MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS

 monday AUGUST 2, 1971

The Board of County Commissioners of Lake County, Florida, convened in regular session in the Commissioners’ Room, in the Courthouse, Tavares, Florida, on Monday, August 2, 1971, at 9:00 o’clock in the forenoon, with the following members present:  J. M. Hoskinson, Chairman; James R. Carson, Jr.; C. A. Deems; Thomas J. Windram and Kenneth VanAuken.  Others present were Clerk of the Circuit Court, Frank E. Owens; Deputy Clerk Norma H. Coven; Deputy Clerk, Bernice P. Conner; County Attorney, Christopher C. Ford.

The meeting was called to order by the Chairman, and the invocation was delivered by Commr. Deems, after which the Pledge of Allegiance was given.

tax valuations and equalization

It now being the time advertised for the meeting of the Board of Tax Adjustment for the purpose of hearing complaints and receiving testimony as to the value and classification of any property, real or personal, as fixed by the County Assessor of Taxes for the year 1971, for the purpose of perfecting, reviewing and equalizing the Assessment Roll, the Meeting of the Board of Tax Adjustment was convened at this time, with the following members present:  Commr. Hoskinson, Chairman; Commr. Deems; Commr. Carson; also Barbara Wyckoff and Donald Berry, Members of the School Board.

The following people appeared with complaints and testimony as to the value and classification of real and/or personal property with regard to their Petitions as follows:

Petitions 71-1 through 71-3, Robert L. Chapman, Jr. appeared appealing the denial of application for agricultural zoning and seeking review and adjustment of assessed value.

 

Petitions 71-4 through 71-8, Raymond Vanderbleek appeared seeking review and adjustment of assessed value.

 

Petition 71-9 Ronald C. Corona appeared, seeking review and adjustment of assessed value.

 

Petitions 71-10 through 71-16, Holt S. McKinney appeared seeking review and adjustment of assessed value.

 

Petitions 71-17 and 71-18, Robert L. Chapman, Jr., appeared representing South Lake Groves seeking review and adjustment of assessed value.

 

Petitions 71-19, Attorney L. E. Brown appeared representing Wild Kingdom, Inc., seeking review and adjustment of assessed value.

 

Petition 71-20, Sulphur Springs Ranch, LTD, represented by E. G. Banks and Eric Cooper, Partners and David King, Attorney, appealing the denial of application for agricultural zoning and seeking review and adjustment of assessed value.

 

Petition 71-21, Harry Gaylord, Attorney, appeared representing the Irrevocable Trust of George Frederick Griffiths, deceased, requesting relief from Intangible Tax on Stock imposed by the County and requesting the Board to direct the Tax Assessor to eliminate said property from the Intangible Personal Property Tax Roll of the County for the years 1968, 1969, 1970, 1971.  W. L. Camper from the State Tax Department appeared to represent the County.

 

Petition 71-22, Raymer Maguire of Maguire, Voorhis & Wells, appeared representing Clermont Groves, Inc. (R.D. Keene) appealing the denial of application for agricultural zoning.

 

Appeal for Homestead Exemption.  Mrs. Lucy Hill appeared requesting the consideration of the Board.

 

Appeal for Homestead Exemption.  Mr. and Mrs. Emmett Sapp appeared requesting consideration of the Board.

 

Petition 71-23 (with aerial map attached).  Otto Maron (No appearance) Seeking review and adjustment of assessed value.

 

Petition 71-24, Wm. W. Boyd appeared appealing denial of application and property described orally by Mr. Boyd.

 

Petitions 71-25 and 71-26 Dean C. Engstrom.  (No appearance)  Seeking review and adjustment of assessed value.

 

Petition 71-27 Bob Segal, Attorney, appeared representing McCrory Corp., seeking review and adjustment of assessed value.

 

Petitions 71-28 through 71-31, John T. Robertson appeared seeking review and adjustment of assessed value.

 

Petition (Verbal), Andrew Wawrzycki appeared seeking review and adjustment of assessed value and agricultural zoning.

 

Frank Berman of Cavanagh Communities Corp. contacted the Tax Assessor with reference to Wellington Orient, Inc., seeking review and adjustment of assessed value.

 

recess and reassembly

The meeting recessed at 12:15 P.M. and reconvened at 1:30 P.M. as the Board of County Commissioners to take up the remaining items of business.

planning and zoning

Samuel C. Mazzotta of the Planning and Zoning Department brought to the attention of the Board a communication from the Florida Department of Natural Resources with reference to updating the schedule of acquisition and development for 1972-76.  It was brought out that there is no land acquisition schedule for recreational purposes for Lake County for 1972-76.

On motion of Commr. Windram seconded by Commr. Carson and carried, the Planning and Zoning Dept. was instructed to notify the Florida Department of Natural Resources that Lake County is considering eight items for a future acquisition project.

Chairman Hoskinson informed the Board that the City of Clermont has requested that the County sponsor and coordinate an ecological study of marsh and swamp areas.  Chairman Hoskinson referred this matter to the Planning and Zoning Department.

On motion by Commr. Carson seconded by Commr. VanAuken and carried, the Board approved the plan of a feasibility study for an area in the Southeast corner of the County being designated, along with the corresponding areas in Orange, Osceola and Polk Counties, as an area to receive services such as water, sewage, fire protection, etc., on a front footage assessment basis.

contracts and agreements

Attorney Ford was instructed by the Board to review an Interlocal Agreement between the County and the Department of Transportation with reference to the National Transportation Planning Study and to make recommendations to the Board.

road closings

Ben Christley and his Attorney, Gordon Savage, appeared at this time to determine what recommendations were made by the County Engineer with reference to Mr. Christley’s Petition for the closing of a portion of street on his property located in Lisbon.  The County Engineer’s recommendation to the Board was that the County agrees to abandon the portion of street in return for Mr. Christley’s dedication to the County of an equal amount of property for a long range future widening of Emeralda Road.  Attorney Ford pointed out that since this was not a Deeded right of way, but a Dedicated Street, that it would not be incumbent on Mr. Christley to trade property with the County.  On motion by Commr. Windram, seconded by Commr. Deems and carried, permission was granted to Mr. Christley to advertise his request for the closing of said portion of Street.

recess and reassembly

The meeting recessed as the Board of County Commissioners and reconvened as the Board of Tax Adjustment.

tax valuations and equalization

At this time the meeting recessed to the Office of the Tax Assessor in order for the Board to consider the Applications received relative to zoning and assessment of property.  The following was the action taken by the Tax Adjustment Board in the Tax Assessor’s Office on applications for Agricultural Zoning and Reduction of Tax Assessments:

Petitions 71-1 through 71-3.  On Robert L. Chapman, Jr.’s appeal of the denial of application for agricultural zoning, on motion by Commr. Carson, seconded by Donald Berry, the Petition was denied.  Commr. Deems and Barbara Wyckoff opposed the denial but Chairman Hoskinson voted for the denial so the motion was carried.

 

On Robert L. Chapman Jr.’s request for review and adjustment of the assessed values, on motion by Commr. Deems seconded by Donald Berry and carried, the request was denied.

 

Petition 71-9, Ronald C. Corona, seeking review and adjustment of assessed value on motion by Donald Berry seconded by Barbara Wyckoff and carried, the request was denied.

 

Petitions 71-17 through 71-18, South Lake Groves (represented by Robert L. Chapman, Jr.), seeking review and adjustment of the assessed values on motion by Commr. Deems seconded by Donald Berry and carried, the Petitions were denied.

 

Petition 71-19 Wild Kingdom, Inc. (represented by L. E. Brown, Attorney), seeking review and adjustment of assessed value on information from the Tax Assessor that he had already reduced the assessment from $1,000.00 to $500.00 per acre, pending further structural development on the property, on motion by Commr. Deems seconded by Donald Berry and carried, the Petition was denied.

 

Petition 71-20, Sulphur Springs Ranch LTD (represented by E. G. Banks and Eric Cooper, Partners and David King, Attorney), appealing the denial of application for agricultural zoning, and seeking review and adjustment of the assessed value, on motion by Commr. Deems seconded by Barbara Wyckoff and carried, that since the assessment is within the bounds and guideline that the Tax Assessor has already set for agriculturally used lands and the Tax Assessor just has not gotten to the immediate surrounding areas, but that they will eventually be considered and raised, the Petition was denied.

 

Petition 71-22, Clermont Groves, Inc. (R. D. Keene Groves) (represented by Raymer, Maguire Attorney) on motion by Donald Berry that it be denied but not seconded, the motion died.  On motion by Commr. Carson seconded by Barbara Wyckoff, the agricultural zoning was granted on 1600 feet only.  Donald Berry and Commr. Deems opposed the motion and Chairman Hoskinson voted to allow the agricultural zoning on 1600 feet of front footage.  The motion was carried.

 

Application for Homestead Exemption by Lucy Hill and Mr. and Mrs. Emmett Sapp.  On motion by Commr. Carson seconded by Donald Berry and carried, the applications were denied.

 

Petition 71-21, Intangible Tax on Stock of Irrevocable Trust of George Frederick Griffiths, Deceased (represented by Harry E. Gaylord, Attorney), requesting that the Tax Assessor be directed to eliminate said property from the Intangible Personal Property Tax Roll of Lake County for the years 1968, 1969, 1970, 1971.  On motion by Donald Berry, seconded by Barbara Wyckoff and carried, the Petition was approved and relief granted, based on the opinion of Attorney Ford.

 

Petition 71-23, Otto Maron (No appearance), seeking review and adjustment of assessed value.  On motion by Commr. Deems seconded by Barbara Wyckoff and carried, the Petition was denied.

 

Petition 71-24, Wm. W. Boyd, appealing the denial of application for agricultural zoning, on motion by Donald Berry seconded by Commr. Carson and carried, the Petition was denied.  Also, on verbal request for agricultural zoning on lake frontage, on motion by Commr. Deems seconded by Commr. Carson and carried, the verbal Petition was denied.

 

Petitions 71-25 and 71-26, Dean C. Engstrom (No appearance) seeking review and adjustment of assessed values, on motion by Commr. Carson, seconded by Donald Berry and carried, the Petitions were denied.

 

Petition 71-27, McCrory Corp. (represented by Bob Segal, Attorney), seeking review and adjustment of assessed value, on motion by Commr. Deems seconded by Commr. Carson and carried, the Petition was denied.

 

Petitions 71-4 through 71-8, Raymond Vanderbleek, seeking review and adjustment of assessed values, were tabled until the Board can view the property.

 

Petitions 71-28 through 71-31, John T. Robertson, seeking review and adjustment of assessed values, were tabled until the Board can view the property.

 

Petitions 71-10 through 71-16, Holt S. McKinney seeking review and adjustment of assessed values, were tabled until the Board can view the property.

 

Petition (Verbal) by Andrew Wawrzycki, on Lots 3, 4, 19, 20, Lake Saunders Sub., both for agricultural zoning and adjustment of assessed value, on motion by Commr. Carson seconded by Donald Berry and carried, the Petition was denied.

 

Application of Wellington Orient, Inc. (letter written by Frank Berman of Cavanagh Communities Corp. to the Tax Assessor), seeking review and adjustment of assessed value, on motion by Commr. Deems seconded by Donald Berry and carried, the application was denied.

 

At this time, the meeting of the Tax Adjustment Board was recessed until 1:00 P.M. on August 3, 1971, at which time the Board would meet for the purpose of viewing the properties of Raymond Vanderbleek, Holt S. McKinney and John T. Robertson and the following members of the Board were present:  Commr. Hoskinson, Chairman; Commr. Deems; Commr. Carson; and Barbara Wyckoff, Member of the School Board.  Donald Berry, Member of the School Board, was not present.

After reviewing the properties above mentioned, the following was the action taken by the Tax Adjustment Board on the applications for reduction of Tax Assessments:

Petitions 71-4 through 71-8, Raymond Vanderbleek, seeking review and adjustment of assessed values, on motion by Commr. Deems seconded by Commr. Carson and carried, the Petitions were denied.

 

Petitions 71-10 through 71-16, Holt S. McKinney, seeking relief and adjustment of assessed values, on motion by Commr. Carson seconded by Barbara Wyckoff and carried, the Petitions were denied.

 

Petitions 71-28 through 71-31, John T. Robertson, seeking review and adjustment of assessed values, on motion by Commr. Deems seconded by Barbara Wyckoff and carried, Petition 71-29 was denied; Petition 71-28 was reduced from $11,000.00 to $9,000.00; Petition 71-30 was reduced from $17,300.00 to $17,100.00; and Petition 71-31 was reduced from $13,800.00 to $12,000.00.

 

There being no further business to bring before the Tax Adjustment Board at this time, the Meeting was adjourned at 3:50 P.M., August 3, 1971.

REASSEMBLY

The meeting reconvened at 4:00 P.M. as the Board of County Commissioners, on August 2, 1971, to take up the remaining items of business.

roads – subdivisions

On motion by Commr. VanAuken seconded by Commr. Carson and carried, the Board agreed that the County would take over the maintenance of Hibiscus Road in Shockley Heights, provided the owners of the adjoining properties will furnish the clay materials, after which the County will install the sub-base and base; and provided the owners of the adjoining properties will contract 1” minimum, asphaltic concrete Type 2 wearing surface, twenty feet wide.

On motion by Commr. Carson seconded by Commr. Deems and carried, the Board reaffirmed the action it took as to three roads in the Hobby Hill Subdivision North of Leesburg off U.S. 17, each road being 630 feet long approximately, that the owner will negotiate with the Contractor and furnish a copy of their Contract to the County with reference to loading, hauling, placing and grading the clay on said roads in accordance with County specifications.

bids

On motion of Commr. Windram seconded by Commr. Carson and carried, the Clerk was authorized and directed to include an alternate in the Bids to be made on buying gasoline tanks and installing them, said alternate to be on the basis of the County providing and installing the tanks with its own labor.

ordinances

On motion by Commr. Carson seconded by Commr. Deems and carried, Ordinance 71-3 was placed on third reading by title only, same being:

AN ORDINANCE AMENDING ORDINANCE 1971-1 COUNTY OF LAKE, STATE OF FLORIDA; AMENDING SECTION III (b) PROHIBITING SALE AND DISTRIBUTION OF ANY DETERGENT CONTAINING PHOSPHORUS IN EXCESS OF .01%, AFTER DECEMBER 31, 1972; PROVIDING AN EFFECTIVE DATE.

 

On motion by Commr. VanAuken seconded by Commr. Windram and carried, the Ordinance was adopted on the third and final reading.

county property

The County Engineer brought to the attention of the Board that one Wallace R. Stacey wants to buy an abandoned County clay pit composed of 1-1/4 acres, and that the property has no value to the County.  On motion of Commr. Carson, seconded by Commr. VanAuken and carried, the County Engineer was authorized and directed to have a Title Search made on said property, to be sure that the County owns it.

suits affecting county

On motion by Commr. Carson seconded by Commr. Windram and carried, Attorney Ford was authorized to defend the Suit brought by Silver Sands Co. against the County.

roads - county

The County Engineer recommended to the Board that it contract with the Department of Transportation for the maintenance of the County’s secondary roads.  He also informed the Board that when the Contract is signed, the County will have to remit $35,000.00 to the State.  Attorney Ford said that the Contract called for a thirty-day termination notice.  Attorney Ford was instructed to contact the DOT with reference to the Contract, to see if they will make some minor changes with regard to payment and termination of the Contract.

subdivisions

The owners of Sun Eden Subdivision wish to have the dedicated public parks in that area relegated for the use of the Sun Eden residents only.  Attorney Ford advised the Board that this cannot be done legally.  The matter was referred to the County Engineer for research and he was instructed to report back to the Board on the 16^th of August.

accounts allowed

On motion of Commr. Carson seconded by Commr. Windram and carried, the Board approved the following:

Travel expenses for P. R. Edwards to Tallahassee, on August 2, 1971, to attend a work session Re:  Lake Apopka Restoration Project.

 

Travel expenses for P. R. Edwards to Gainesville on August 5, 1971, to attend Conference with University personnel and Soap & Detergent Assn., to review proposed research projects.

 

On motion of Commr. Carson seconded by Commr. Windram and carried, the Board approved the payment of $460.10 to Lake Business Machines for electric Royal Typewriter for the Pollution Control Office.

On motion of Commr. Carson seconded by Commr. Deems and carried the Board approved travel expenses for Board members, the Engineer, the County Attorney and the Planning Director, to attend Annual Convention of the State Association of County Commissioners in Miami Beach September 12-15.

On motion by Commr. Windram seconded by Commr. Carson and carried, the Board approved payment to Lindsley Paving Co. of $3,042.00 for road work on Sylvan Point Drive.

On motion of Commr. Deems seconded by Commr. VanAuken and carried, the Board approved payment for a Title Search on an abandoned County clay pit.

There being no further business to bring before the Board, the meeting was adjourned at 6:15 p.m.

 

 

_________________________________                                                                                                      _____________________________

CLERK                                                                                                                                                           chairman