A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
APRIL 12, 1977
The Lake County Board of County Commissioners convened in regular session on Tuesday, April 12, 1977, at 9:00 a.m., in the Board of County Commissioners’ Room, Courthouse, Tavares, Florida. Present were: C.A. “Lex” Deems, Chairman; Thomas J. Windram; James R. Carson, Jr., Glenn C. Burhans and J. M. Hoskinson. Others present were: James C. Watkins, Clerk; Richard Hennings, representative from the County Attorney’s office; Sharon Mitchell and Andrea Gambrell, Deputy Clerks.
The Invocation was given by James C. Watkins, Clerk, and the Pledge of Allegiance was led by J. M. Hoskinson.
minutes
On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board approved the minutes of the regular meeting of March 8, 1977, as amended.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the minutes of the Special Meeting of March 9, 1977, as submitted.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the minutes of the regular meeting of March 15, 1977, as amended.
maps and plats
Mr. Ed Havill, Lake County Property Appraiser, appeared before the Board to present, to them, an up to date copy of the County Atlas Real Estate Maps consisting of aerial photographs, land maps, and subdivision plats.
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board accepted the above mentioned set of County Real Estate Atlas Maps and authorized the Chairman to sign the transmittal letter.
hospitals
Commr. Deems presented, to the Board, a letter from Byron E. Herlong, who was writing, on behalf of the recently annulled Northwest Lake County Hospital District, regarding overcharges in the Amount of $2,103.84 and was requesting that this money be refunded.
appointments
Commr. Deems presented, to the Board, a letter from Mr. William Hennessey, Director of Pollution Control, informing the Board that, as of June 5, 1977, the terms of three members on the Pollution Control Board will terminate.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the reappointment of Joe E. Hill, representing the Industry Sector, to the Pollution Control Board for another term.
Commr. Deems requested that the Clerk place this item back on the agenda next week so that action on the remaining two offices may be taken.
roads closing
Mr. Sam Carroll, resident of Donna Vista, appeared before the Board regarding the problems that have been reported to the Board due to the closing of Sylvan Drive, in Donna Vista, and the erection of certain barricades. The Board stated that this was not an item for discussion on the agenda; and it would be unable to discuss the matter in depth at this time. The Board requested that Mr. Carroll confer with Mr. Ford, County Attorney, and Bob Andrew, County Engineer, about the problems with the hope that a solution can be attained.
roads-county
Mr. Andrew presented, to the Board, the proposed County Road Program for the next five years. He stated that the roads listed in the program were those County roads which, the Board determined, needed to be paved and/or upgraded. He stated that he has listed the roads according to, their priority, in his opinion. However, he requested that Board review this list and advise him of any changes they wish to make in the listing before the program is approved. The Board took no formal action on the matter at this time.
Mr. Paul Odum, of Lake Eustis Village, appeared before the Board and stated that DR 5-5942 is on the above mentioned list for paving. He requested that the Board give the paving of this road a high priority number due to the fact that there are several residents on this road who have children that ride the County School Bus; and due to the condition of the road, it becomes impassable and dangerous after heavy rains.
The Board thanked Mr. Odum and the residents in the area for attending the Board meeting and informed them that they could contact the County Engineer in approximately 30 days to find out the priority placement of this road in the County Road Program.
contracts and agreements
Mr. Robert Andrew presented, to the Board, a Contract for the Sale of Real Estate pertaining to the land, belonging to Edmond W. Simmons, Jr., located on SR 19 (S 29, T.1S. R 25E) which the County is interested in purchasing at $2,000 an acre for use as a clay pit. He stated that the Contract has been reviewed by the County Attorney’s Office. Commr. Deems stated that, when this was last discussed, the Board request that it be understood that, if the MAI Appraisal, which the County must have performed before it purchases land with taxpayers money, did not substantiate the cost of $2,000 an acre, the County was under no obligation to purchase the property in question. Mr. Andrew stated that this was not a condition of the Contract. The Board requested that this be referred to the County Attorney for further review and asked that it be brought back to the Board for formal action later in the day.
maps and plats
Mr. Andrew stated that last week he presented, to the Board, a request to close a road in Picciola Highland Estates. The Board had requested that he review the matter further. He stated that, upon discussing the matter with Mr. George Kuhn and Mr. Byron Herlong, they have agreed to vacate a portion of the plat in addition to the road. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the advertisement of the vacation of a portion of the plat of Picciola Highland Estates for May 3, 1977, at 2:00 P.M.
communications
Commr. Windram presented, to the Board, a letter of appreciation from the residents, in the North Lakewood Park Subdivision, pertaining to the signs which the County erected, controlling the speed of boats, in North Lakewood Park Subdivision Canal.
county property
Commr. Deems presented, to the Board, a letter from Lawyers Title Insurance Company bringing to the attention of the Board that the County owns the fee title to a small parcel of land which abuts Roberts Street in Umatilla. It was stated that this small piece of property appears to widen Roberts Street at its westerly end; and it is being requested that the County dedicate this small parcel of land for road purposes and have it become a part of Roberts Street. Mr. Robuck, representative of the County Attorney’s Office, stated that he has reviewed the request and sees no problem in the County’s dedicating this property for road purposes.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board adopted a resolution dedicating, for road right-of-way purposes, that property which is owned by the County in S. 14, T. 18, R. 26, and which abuts Roberts Street in Umatilla.
sewer treatment plants
Commr. Deems presented, to the Board, a letter from the City of Eustis requesting a meeting with the Board to discuss the 201 Facilities Plan. It was their concern that, if the Golden Triangle Area was going to be tied together in one central disposal site, it hopes that the County would pick up residences in those areas that are not in the corporate limits of a particular city. The Chairman stated that Mr. Willett is scheduled to report to the Board, at 11:00 A.M., on the 201 Facilities Plan and felt that the information the Board would receive at this time may clear up this problem.
roads subdivision
Mr. Larry Taylor, Attorney, representing Miss Stella Owens, appeared before the Board requesting that the Board grandfather-in certain roads in an unrecorded subdivision near Treadway School and thereby relieving this subdivision from conforming to the present County Subdivision Rules and Regulations. He stated that in 1962 the Board of County Commissioners accepted the dedication of these roads. Discussion was held.
Commr. Carson stated that there are miles of dedicated roads in the County that are not maintained; and if the Board grandfathers-in this Subdivision upon the evidence presented, it would be establishing a very bad precedent.
Mr. Taylor presented, to the Board, a map which was drawn of the area. Mr. Willett stated that this was a map drawn by a surveyor; and according to the records in the Planning and Zoning Department, there is no evidence that this property has ever been in the process of being subdivided.
Mr. Robuck, representative from the County Attorney’s Office, informed the Board that Miss Owens was not entitled to be grandfathered-in, and it would have to be a determination of the Board whether or not it wishes to grant the request of her attorney.
The Board informed Mr. Taylor that it had an 11:00 A.M. appointment and would take formal action on his request later in the day.
sewer treatment plants
Mr. Willett, Director of Planning, appeared before the Board and stated that the North Lake County 201 Facility Plan had been completed and that Mr. Hugh Harling of Post, Buckley, Schuh, and Jernigan, Inc. was ready to make a presentation, to the Board, regarding its recommendation on how the 201 Facility Plan should be developed.
Mr. Hugh Harling stated that, after careful study, two plans are being considered. Plan “A” was designed with each sewer area being a district of its own and having its own sewer plant. Modified Plan “C” was designed to have a central treatment plant for Eustis and Mount Dora, with the potential of accepting the load of Umatilla and Tavares at a later time. Howey-in-the-Hills, Sorrento, Mount Plymouth, and Bassville Park would maintain their own treatment plants. He stated that it would be their recommendation to use Modified Plan “C” for the North Lake County 201 Facility Plan.
The Board was informed that Mount Dora is not satisfied with Modified Plan “C”; however, it was Mr. Harling’s opinion that eventually Mount Dora would want to hook up to the central sewer plant according to the “C” Plan and may discover that hooking up to the system at a later date may be very costly for their citizens.
Discussion was held as to what is covered under the 75% of the Plan which was Federally Funded.
Mr. Harling stated that the Federal Funds appropriated for the 201 Facility Plan will cover 75% of the following:
1. Plan Process
2. Plans and Construction
3. Portions of Plan which are eligible for construction
a. Major lift station
b. Major interception and transportation system
c. Regional Sewer Treatment Plant
d. Regional Disposal System
Further discussion was held regarding the part that the County would play in providing sewer service to people in the unincorporated areas of the County, who would hook up to the system as the area grows and it becomes necessary for them to be a part of the system.
Mr. Willett and Mr. Harling suggested that the Board plan to hold a workshop session, which would allow the Board to ask questions about the Plan; and then schedule a public hearing for discussion of the Plan by the Board members, Planning Department, and citizen. The Chairman announced that the Board would discuss the scheduling of such meetings later in the day.
recess and reassembly
At 12:00 Noon, 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.
zoning
zoning violation 77-20 Eric mcleod
No one appeared before the Board regarding this case. On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board found Mr. McLeod in violation, declared the violation a public nuisance and gave him 30 days to comply with Ordinance 71-6.
zoning violation 77-22 clarence peeples
No one appeared before the Board regarding this case. At this time, Mr. Willett stated that he believed Mr. Peeples was confused as to what he had to do to come into compliance; and that he had an appointment to meet with Mr. Peeples to discuss the matter. On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board postponed this case for 90 days.
Zoning violation 77-23 joseph butts
Mr. Michael Hatfield, attorney representing Mr. Butts, appeared before the Board regarding this case. He stated that Mr. Butts had applied for a CUP to operate his small business at the present location and apparently was denied. He requested an opportunity to reapply and argue the case on its merits and need in the community. Discussion was held.
Commr. Windram stated that, according to the minutes of the Board meeting in January, another attorney, who was representing Mr. Butt at that time, wrote a letter to the Board requesting that his client’s application for a CUP be withdrawn; and the withdrawal was approved by the Board thereby allowing Mr. Butts to reapply for a CUP at any time. Further discussion was held.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the postponement of this case for 90 days to allow Mr. Butts and his attorney, Mr. Hatfield, to reapply for a CUP.
zoning violation 77-24 jack langley
Mr. Jack Langley appeared before the Board regarding this case. He stated that the carport which is in violation was erected, while he was on vacation, by Hewett Aluminum who had indicated to him that there would be no problem in adding this carport to his property. The Board felt that Hewett Aluminum, being a contractor in the area, should have known better than to erect this structure without obtaining the proper permit and approval from the County Planning Department or should have informed Mr. Langley of the procedure that had to be followed before any work could begin.
The Board sympathized with Mr. Langley regarding the problem. Mr. Hennings, representative from the County Attorney’s Office, stated that he is the Attorney for the County Board of Building Examiners and suggested that Mr. Langley file a complaint against the contractor regarding this problem; and that possibly the contractor could be made to remedy or financially assist the individual in resolving the problem which was caused by the contractor.
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board found Mr. Langley in violation, declared the violation a public nuisance and gave him 90 days to comply with Ordinance 71-6.
zoning violation 77-25 william may
No one appeared before the Board regarding this case. On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, Mr. May was found in violation, the violation was declared a public nuisance and he was given 30 days to comply with Ordinance 71-6.
zoning violation 77-27 windel henderson
No one appeared before the Board regarding this case. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, Mr. Henderson was found in violation, the violation was declared a public nuisance and Mr. Henderson was given 30 days to comply with Ordinance 71-6.
sewer treatment plants
Mr. Willett asked if the Board could advise him of a date, when it can have a public hearing to review and discuss the North Lake County 201 Facility Plan. The Board directed that a public hearing, for discussion of the abovementioned Plan, be advertised for May 17, 1977, at 10:00 A.M.
planning and zoning
Commr. Hoskinson stated that, upon the request of a constituent, he visited the Division of State Planning while in Tallahassee on other County business; and conferred with Mr. Steve Fox, Planner, and Mr. Dean, Attorney, with the Florida Division of State Planning, regarding the procedure for zoning changes in the Green Swamp Area of State Critical Concern. He informed the Board that the Division of State Planning interprets the regulations as follows: “A simple rezoning, with no plans for development, from Agriculture to R-1-7 is not within the definition of “development” as defined in Chapter 380.04 of Florida Statute (see 22F-7.07). Prior to undertaking any “development” (see 380.04 of the Florida Statutes), he must comply with 22F-7.07 Florida Administrative Code”.
Mr. Willett stated that this was a major point of concern that the County had, with the Division of State Planning, when the Green Swamp regulations were under consideration. Mr. Robuck stated, according to the original interpretation, the Division of State Planning implied that those, in the Green Swamp Area, had to submit a master land use plan before seeking a zoning change. He stated that Lake County did not agree with this position but that the present interpretation was what Lake County was trying to obtain at that time. He suggested that a letter be written, to the Division of State Planning, informing them that upon the information given to Commr. Hoskinson on April 8, 1977, by Mr. Fox and Mr. Dean, Lake County will begin to interpret the laws pertaining to the Green Swamp in this manner. The Board directed Mr. Willett to write a letter as suggested by Mr. Dan Robuck, representative of the County Attorney’s Office.
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board adopted the new Purchasing Policy Manual as amended. This will replace the existing Purchasing Policy.
accounts allowed
Mr. Knuckles requested approval to purchase two filing cabinets for use by the Planning Department for the filing and storage of new Hunnycut Maps. On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the purchase of the above filing cabinets at a cost not to exceed $150 each.
courthouse
Commr. Hoskinson stated that he and Bob Andrew, County Engineer, had attended the Tavares City Council to discuss the possibility of paving the road rights of way along Ruby Street & Barrow Avenue, which is near the existing Courthouse. He stated that the Tavares City Council had no objections to this being done, in order to create more parking space, and would cooperate with the County in any way possible.
Commr. Hoskinson reported, to the Board, that the City of Tavares has requested our cooperation in obtaining a traffic signal at the intersection of Sinclair Avenue and Alfred Street in Tavares. Discussion was held by the Board regarding the cost of such a light. The Board requested the Clerk to have Mr. Andrew obtain, from the Department of Transportation, the results of traffic studies done at this location and report to the Board the cost of the installation of such a signal.
animals
Commr. Hoskinson reported, to the Board, that there is some confusion regarding the responsibility the County has in picking up large animals. Mr. Hennings, representative of the County Attorney’s Office, stated that he has reviewed the law, and that the County is responsible for providing a boarding place for any large animal after it is picked up by the Sheriff’s Office.
Mr. Hennings stated that, if the Sheriff’s Department determines that the large animal is not in distress and, in his opinion, does not feel it is necessary to have the animal picked up, the County is under no obligation to provide other means for picking up a large animal. This met with the approval of the Board, and no further action was taken. However, Commr. Hoskinson asked Mr. Hennings to contact Frankie Rouse, Director of the Animal Shelter, and advise her as to the disposition of the horse which has been held by the County for several days and has not been claimed by the owner.
county property
Commr. Burhans informed the Board that he had been contacted by the Veterans of Foreign Wars requesting permission to dig a well and install a pump at McTureous Memorial Park. Discussion was held. On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the above request subject to the County’s receiving a hold harmless agreement from the Veterans of Foreign Wars prior to any work beginning on the property in question.
courthouse
Commr. Burhans stated that he had been contacted by Mrs. McTureous requesting that the County return the citation and medals, in honor of her son, which are hanging in the lobby of the Courthouse. He stated that she would like to give the medals and citation to a museum in Virginia. The Board requested that the Clerk investigate the manner in which the display was given to the County and report his findings to the Board.
appropriations
Commr. Windram reported, to the Board, that the Health Department had requested additional employees under the CETA Program. Harry Spooner appeared before the Board and briefly explained the availability of funds for these positions. After discussion, the Board requested that the Clerk contact Dr. Murray and arrange for her to appear before the Board on April 19, 1997, to discuss these positions with the Board.
county employees
Mr. Van Porter, Personnel Director, appeared before the Board regarding the employment of a Maintenance Engineer for the new Courthouse. He stated that he had received several applications and would recommend that the Board consider the employment of Mr. Eugene Dixon, due to the fact that he assisted in the installation of the air conditioning and heating unit in the new Courthouse and was employed by the subcontractor who installed all the electrical wiring. Discussion was held. The Board requested that Mr. Porter research the references, given by Mr. Dixon, and report back to the Board.
Commr. Windram suggested that the Board members speak with Mr. Callaway, Clerk of the Works, regarding the sophisticated equipment in the building and his feeling of what qualifications the Board should be looking for in a Maintenance Engineer.
At this time, Mr. Watkins stated that he had spoken with Mr. Callaway, Clerk of the Works, regarding employment with the County for approximately 60 days after completion of the new Courthouse to handle problems which may arise.
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved that upon completion of the new Lake County Courthouse, it will employ Mr. Calvin Callaway for a period of not more than 60 days at a salary of $300 per week, which is not to exceed $2500 for the 60 day period.
accounts allowed
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved travel for Gary Knuckles to attend a meeting of Purchasing Directors in Orlando on April 26, 27, 28 and 29, 1977, in Orlando and approved for the advance registration fee of $45 be paid.
roads subdivision
Commr. Deems stated that the Board needed to take action on the request, presented to them by Mr. Larry Taylor, regarding the grandfathering in of certain roads near Treadway School as a subdivision. On a motion by Mr. Carson, seconded by Commr. Windram and carried unanimously, the Board denied the request of Mr. Taylor and directed the Clerk to notify Mr. Taylor of the Board’s decision.
accounts allowed
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the payment of $40,000 to the Waterman Memorial Hospital. This represents monies collected in the Northeast Lake County Hospital District.
On a motion by Commr. Carson, seconded by Commr. Windram carried unanimously the Board approved payment of the bill from Jones and Dickerson, Architects, in the amount of $4,751.84 which is in accordance with their contract.
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved payment of the bill from P & C Thompson Brothers in the amount of $38, 285.00, which is in accordance with their contract.
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved for Florida Business Machines to dismantle, move, and reassemble, in the new Courthouse, the Diebold files which are located on the third floor of the existing Courthouse at a cost not to exceed $1,095 per file. Mr. Watkins stated that he would contact FBM to see if he could obtain a better quotation than was received.
bonds
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, the Board approved the cancellation of contractor bond #1446-77, Harold D. Biggs doing business as Tahitian Pools, Inc.
accounts allowed
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the refund of $2,103.84 to the recently annulled Northwest Lake County Hospital District for overcharges of the Property Appraiser, if, after investigation, the refund is found to be correct and unnecessary.
checks received
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved to endorse Check #70172, from the Aetna Insurance Company, over to Lester Sutton. This represents money taken from his paycheck under a deferred compensation plan.
reports
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board accepted the financial statement of the County Health Unit Trust Fund for the fiscal year July 1, 1976 to February 28, 1977, which was submitted by Doctor June Murray.
contracts and agreements
Mr. Hennings presented, to the Board, the Contract for the Sale of Real Estate which was presented to the Board earlier in the day. He stated that an addendum had been added, stating that the Board of County Commissioners was under no obligation to purchase the property in question if the MAI appraisal did not substantiate the price of $2,000 an acre. On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the Contract which was amended as requested and authorized the Chairman and Clerk to sign same.
There being no further questions to be brought before the Board, the meeting adjourned at 4:40 P.M.
_____________________________
C. A. “Lex” deems, chairman
__________________________
JAMES C. WATKINS, CLERK