MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS
Monday – March 10, 1969
A regular meeting of the Board of County Commissioners convened at 9:00 o’clock A.M. on Monday, March 10, 1969, in the Commissioners’ Room in the Courthouse, Tavares, Florida, with the following members present: Commissioner Thomas J. Windram, Chairman; Commissioners James R. Carson, Jr., Alex J. Macdonell, J. M. Hoskinson and Kenneth VanAuken. Also present were County Attorney, C. E. Duncan; County Engineer Gordon Hays, Jr.; Clerk of the Circuit Court Frank E. Owens and Deputy Clerk Norma H. Coven.
The meeting was called to order by the Chairman and the invocation was given by Mr. Hays.
MINUTES
On motion of Commissioner Hoskinson, seconded by Commissioner Macdonell and carried, minutes of regular meeting of February 10, 1969, were approved as submitted.
INDIGENT LIST
There being no changes to the present indigent list, the lists were approved as submitted.
ROAD MAINTENANCE
On recommendation of the Engineer and on motion of Commissioner Hoskinson, seconded by Commissioner VanAuken and carried, maintenance costs on publicly owned or dedicated streets were approved as follows:
Motor Grader and Operator $13.50 per hour
Dump Truck and Driver 6.67 per hour
Clay – loaded .475 cubic yard
BONDS – Road
Commissioner Windram read a letter from the State Road Department relative to the $1,750,000 bond issue, asking for the Board’s decision of continuing with the procedure for validating the bonds. The members agreed to give this further consideration and no action was taken.
COMMISSIONERS
After deliberating on the areas of county government, Commissioner Hoskinson moved that the areas of responsibility be designated as follows:
Commissioners Hoskinson and Windram:
AGRICULTURE
Agricultural Department
Home Demonstration
Pollution Control
Fairgrounds
Commissioners Hoskinson and VanAuken:
PLANNING
Planning and Zoning
East Central Florida Regional Planning Council
Civil Defense
Building Department
Parks and Recreation
Chamber of Commerce
Commissioners Macdonell and Windram:
HEALTH AND SAFETY
Hospital and Ambulance Service
Health Department and Clinic
Land Fill and Mosquito Control
Safety Committee
Commissioners Carson and Macdonell:
ENGINEERING
Road and Bridge
Rights of Way
Equipment Replacement and Maintenance
Convict Labor
Motor Vehicle Inspection Stations
Commissioners Carson and VanAuken:
SEVICE AND WELFARE
Welfare Department
Nursing Home
Veterans Service
Commodity Warehouse
Library Services
Juvenile
The motion was seconded by Commissioner Carson and unanimously carried.
ROAD CLOSINGS
Attorney Duncan presented petition to close platted streets in the Town of Higley, whereupon, on motion of Commissioner VanAuken, seconded by Commissioner Carson and carried, a resolution was adopted authorizing a public hearing to consider the closing of the following described streets:
The South 200 feet of the unnamed street dividing the East and West halves of Block 54;
The unnamed street lying between Blocks 54 and 61;
The unnamed street dividing the East and West halves of Block 61;
ALL according to the Plat of the Town of Higley, filed and recorded in 1884 in the public records of Orange County, Florida, (said property now being a part of Lake County, Florida).
WATER POLLUTION
Jim Livingston representing the Lake Improvement Association appeared with reference to an experiment to plant hyacinths in Lake Eustis at the mouth of the Dora Canal to clean the nutrients in the Lake. Mr. Livingston advised the local pollution board has approved this experiment and the only cost to the County will be the labor crew. The poles will be donated by the Florida Power Corporation and the Florida Telephone Corporation. The barge and pump will be donated. The cost of the fencing is available from funds received from the one dollar added to fishing licenses. On motion of Commissioner Macdonell, seconded by Commissioner Carson and carried, a resolution was adopted requesting the Game and Fresh Water Fish Commission to endorse and approve the experiment as proposed to plant hyacinths within a fenced-off area in Lake Eustis as a solution for cleaning nutrients in the lake.
BIDS
It now being the time advertised to receive bids on the following items, the Chairman directed the Clerk to open and tabulate the bids, whereupon, the Clerk reported receiving the following bids:
RESURFACING STREETS – Broadvue Heights, Rainbow Ridge, Tropical Shores
Basic Asphalt Corporation 72ȼ per square yard
Carroll Contracting Company 80ȼ per square yard
On motion of Commissioner Carson, seconded by Commissioner Hoskinson and carried, the Board deferred action pending approval of the petitioners.
INFORMATION BOOTH – Courthouse Lobby
A. W. Smith & Son $4,235.00
Mr. Hopson, Architect, advised the electrical work and enlargement of the room in the Courthouse basement to house the equipment is included in this price. Clerk Owens informed the Board this work will be paid from funds remaining on deposit from the Courthouse remodeling.
The bid as submitted from A. W. Smith & Son was accepted on motion of Commissioner Hoskinson, seconded by Commissioner Carson and carried.
ROADS – County
On recommendation of the County Engineer and on motion of Commissioner Carson, seconded by Commissioner VanAuken and carried, a resolution was adopted determining a maximum speed limit of 35 miles per hour on County Road No. 1-6512, generally referred to as the Hastings Loop Road.
Sheriff McCall and Paul Milton, Mosquito Control Director, appeared at the request of the Board with reference to the dumping problem on county rights of way. Mr. Milton said his department has been attempting to locate additional dumping sites. The big problem is man power – in order to increase the facilities, will need two additional operators at an approximate cost of $8,600.00 per year. Sheriff McCall stated this offense is a misdemeanor and in order to enforce it, his department must have a warrant or an affidavit from the person seeing the act. We need the cooperation of the public. The Board members concurring, the Chairman instructed Mr. Milton to request representatives from the municipalities to discuss this problem with the Board members on April 7, 1969.
LICENSES & PERMITS
Frank Skilbred and Gerard Kelch of the Hula Hut Bar & Lounge were present and presented proposal for a license to extend the closing time from midnight to 2:00 o’clock A.M. Monday through Friday. Commissioner Carson moved that upon acceptable investigation by the County Attorney, the Board consider a proper license fee to establishments selling alcoholic beverages located in the County for the privilege of extending the hours from midnight to 2:00 o’clock A.M. The motion was seconded by Commissioner VanAuken and carried, with Commissioner Macdonell voting against the motion.
The following Use Permits were filed by the County Engineer:
No. 146 to Florida Telephone Corporation for the construction and maintenance of buried cable paralleling a portion of County Road No. 2-0729 between State Road 33 and County Road No. 3-0729.
No. 147 to Florida Telephone Corporation for the construction and maintenance of buried cable paralleling a portion of County Road No. 2-1024 South of State Road S-565-B.
No. 148 to Florida Telephone Corporation for the construction and maintenance of buried cable paralleling County Road No. 2-3217 between State Road 48 and Mount Bethel Church.
OUTDOOR RECREATIONAL FACILITIES
Engineer Hays reported the State Road Department is concerned over the lack of maintenance at the Wayside Park on Lake Eustis. The Attorney advised the ownership is vested in the Trustees of the Internal Improvement Fund. He was directed to write the Trustees of the Internal Improvement Fund to seek the authority to designate the City of Tavares as the policing authority, or that the Park be included within the city limits of Tavares.
Clerk Owens submitted notice from the State Road Department that the Park has been completed and returned to the County for maintenance. The notice states that the landscape items will be maintained by the contractor until May 29, 1969.
RECESS AND REASSEMBLY
The meeting recessed for lunch at twelve o’clock noon and reconvened at 2:00 o’clock P.M. to take up the remaining items of business.
PLANNING AND ZONING
It now being the time advertised to hold a public hearing on applications for change of zoning classifications, the Chairman called for interested persons to be heard at this time:
Mr. Hamilton objected to No. 11-69-4
Mr. H. L. Pringle requested that No. 12-69-1 be postponed.
Mr. Tingdale of Lady Lake appeared in support of the postponement.
Mr. Harold Schaefer appeared opposing the application and the postponement.
Fifteen (15) persons in the audience stood opposing the postponement.
On motion of Commissioner Macdonell, seconded by Commissioner Hoskinson and carried, postponement was granted until April 14, 1969, at 2 o’clock P.M. and the Board members will view the property in question on the next inspection trip.
On recommendation of the Planning and Zoning Commission and on motion of Commissioner Macdonell, seconded by Commissioner Carson and carried, a resolution was adopted altering and amending the Zoning Rules and Regulation as they pertain to the following tracts of land, to the Classification designated after each description:
1. The SW¼ of the SW¼; the S½ of the NW¼ of the SW¼; and the SE¼ of the SW¼; Less that part thereof lying beneath the waters of the Oklawaha River, in Section 8, Township 18 South, Range 25 East, in Lake County, Florida.
ALSO: Government Lot 3 of Section 17, Township 18 South, Range 25 East, in Lake County, Florida.
ALSO: That part of Government Lot 1 of Section 18, Township 18 South, Range 25 East, in Lake County, Florida, bounded and described as follows: begin at the Northeast corner of said Section 18and run thence South 89°13’50” West along the North line of said Section 18 a distance of 164.49 feet, more or less, to the waters of a canal; thence Southerly along and with the waters of said canal to the waters of Lake Griffin; thence Northeasterly along and with the waters of Lake Griffin to the East line of said Section 18; thence North along the East line of said Section 18 to the point of beginning.
ALSO: That part of the E½ of the SE¼ of Section 7, Township 18 South, Range 25 East, in Lake County, Florida, bounded and described as follows: Begin at the Southeast corner of said Section 7; run thence South 89°13’50” West along the South line of said Section 7 a distance of 164.49 feet, more or less, to the waters of a canal; thence Northerly along and with the waters of said canal and extension Northerly thereof to a point on a line that is 645.05 feet North of and parallel with the South line of said Section 7; thence South 89°13’50” West and parallel with the South line of said Section 7 to the East line of that 66 foot wide strip of land conveyed to Lake County by deed recorded in Official Record Book 15, Page 158, public records of Lake County, Florida; thence North along the East line of said 66 foot wide strip of land to a point on a line that is 1980 feet North of and parallel with the South line of said Section 7; thence North 89°13’50” East and parallel with the South line of said Section 7 to the East line of said Section 7; thence South along the East line of said Section 7 a distance of 1980 feet to the point of beginning;
now classified and zoned as Par A (Agriculture & Rural Enterprises) and park R-1A (Rural Residential), be, and the same is hereby amended, changed and rezoned to Classification R-3 (Mobile Home Park-Subdivision).
2. Lot 27 in McKee’s Manor, a subdivision according the plat thereof as recoded in Plat Book 17, Page 46, public records of Lake County, Florida;
now classified and zoned as R-1A (Residential), be, and the same is hereby amended, changed and rezoned to Classification R-1 (Residential).
3. Lots 1 thru 6 inclusive in Block 3 in Astor, Florida, according to the Plat thereof as recorded in Plat Book 2, Page 12, public records of Lake County, Florida;
now classified and zoned as R-1 (Rural Residential), be, and the same is hereby amended, changed and rezoned to Classification C-1 (Rural Commercial District).
4. Lots 8, 9, 10, 11 and 12 of Block 12 in Sylvan Shores, a subdivision accord the Plat thereof as recorded in Plat Book 9, Page 56, public records of Lake County, Florida;
now classified and zoned as R-1A (Rural Residential), be, and the same is hereby amended, changed and rezoned to Classification R-2 (Urban Residential).
5. That part of the East 1040 feet of the NW¼ of the NW¼ in Section 2, Township 19 South, Range 25 East, lying North of Railroad;
now classified and zoned as R-1 (Rural Residential), be, and the same is hereby amended, changed and rezoned to Classification C-1 (Rural Commercial District).
Finding of Facts pertaining to the following Conditional Use Permits were filed by the Director of Planning and Zoning:
Numbers 114-1 116-5 118-3 119-5
115-3 117-3 119-3
On recommendation of the Planning and zoning Commission and on motion of Commissioner Carson, seconded by Commissioner VanAuken, the Board denied Conditional Use Permits as follows:
Numbers 114-1
117-3
And approved Conditional Use Permit No. 119-5 in conjunction with Zoning Reclassification 13-69-5.
The Chairman called for interested persons to be heard regarding Conditional Use Permit No. 119-3.
The following persons appeared opposing the permit:
Dan McKinnon
R. D. Keene
R. E. Isted
Ley Smith, Attorney, representing Mrs. Catherine Grady
The following persons appeared in support of the permit:
Rantson Davis, Attorney, representing F. Browne Gregg, Petitioner
Bob Marshall
On motion of Commissioner Hoskinson, seconded by Commissioner VanAuken and carried, the Permit was approved subject to the change in the original draft. In paragraphs No. 1 and No. 2 (b) the word “utilizing” to be replaced by the work “processing”; and the area to be mined corrected to the following description:
Sec. 3, Twp. 23S, Rge. 26E.:
SE 1/4 of the NE 1/4; East 1/2 of the SE 1/4.
Sec.10, Twp. 23S., Rge. 26E.:
East 1/2 of the NE 1/4.
Sec. 2, Twp. 23S., Rge. 26E.:
South 1/2 of the NW 1/4 and SW 1/4.
Sec. 11, Twp. 23S., Rge. 26E.:
North 1/2 of the NW 1/4; South 1/2 of the NW 1/4, less the East 330’ thereof.
Sec. 11, Twp. 23S., Rge. 26E.:
North 1/2 of the SW 1/4.
On recommendation of the County Planner and on motion of Commissioner Hoskinson, seconded by Commissioner Carson and carried, Mr. Watkins was authorized to work with the City of Leesburg two to three hours a week in regards to the City’s planning needs. The time involved will be reimbursed by the City.
On motion of Commissioner Hoskinson, seconded by Commissioner Carson and carried, Mr. Watkins was instructed to make the necessary physical changes in his office to accommodate the Civil Defense Personnel and equipment with will be moved to the Planning office.
HOSPITALS
The action of the Chairman and Clerk in approving petition to the W. T. Edwards Tuberculosis Hospital for Leticia Zapata was confirmed on motion of Commissioner VanAuken, seconded by Commissioner Macdonell and carried.
Notice from the hospital that Robert Alexander Clabon was discharged with medical advice on February 12, 1969, was read and filed.
TAX ASSESSMENTS
Clerk Owens submitted letter from the Comptroller’s Office regarding a refund in the amount of $55.08 for Mrs. Willa M. Vulgamore for overpayment of real estate taxes. Letter advises that the statute of limitations has run out on a portion of the taxes paid in error, and asks that a new request be computed, at which time the refund will be approved.
ROAD MAINTENANCE – Subdivision
The Clerk presented letter from Horace Bush, President, Lake Gertrude Manor Association, informing the Board the property owners will handle the improvements to Sunset Circle without the aid of the County.
BONDS – Miscellaneous
Contractors’ Bonds for certificates of competency were approved on motion of Commissioner Macdonell, seconded by Commissioner Hoskinson and carried:
Numbers 407 – 410
And continuation certificates for L. T. Brennand d/b/a L. T. Brennand, Incorporated, No. 269-69, and No. 3-69 Stoffel Plumbing Incorporated.
Deputy Sheriff bond in the amount of $1,000.00 for Reuben Lensy Barnes, Surety Hartford Accident & Indemnity Company, was approved on motion of Commissioner VanAuken, seconded by Commissioner Carson and carried.
LAWS & LEGISLATURE
Attorney Duncan was instructed to prepare Special Act with reference to Lake County enacting ordinances.
Mr. Duncan reported he has talked with the Attorney General’s Office regarding tor action but has not received a formal opinion. The Assistant Attorney General stated that since no radical change has been made between the old and new Constitution as to the liability of the State or its Subdivisions for tort, he does not anticipate any change in the law unless the Legislature attempts to pass some acts which would pertain to tort action in the coming session. Until there is a change, the rule remains the same – that the County is not liable for tort actions.
Letter from the State Road Department to the Chairman concerning proposed legislation pertaining to all modes of transportation including highways, streets, waterways, etc., was referred to the County Attorney.
CHECKS RECEIVED
Check from the Clerk of Circuit Court in the sum of $23.98 covering unclaimed monies due owner of land sold on applications for tax deeds was accepted on motion of Commissioner Carson, seconded by Commissioner VanAuken and carried.
ACCOUNTS ALLOWED
On motion of Commissioner Carson, seconded by Commissioner VanAuken and carried, travel expenses were approved for members of the Pollution Control Board to attend Environmental Engineering Conference on Lakes, Streams & Coastal Waters in Gainesville on March 26-28.
Final payment on Fair Buildings to Harvey Spears, General Contractor was approved on motion of Commissioner VanAuken, seconded by Commissioner Carson and carried, as follows:
Multi-Purpose Building $9,851.00
Restroom and Trailer Facilities 647.20
Flower Show Building 1,598.40
Architect’s fees to Jack R. Jones, Architect, were approved on motion of Commissioner VanAuken, seconded by Commissioner Carson and carried as follows:
Multi-Purpose Building $258.64
Restroom and Trailer Facilities 47.09
Flower Show Building 119.88
On motion of Commissioner VanAuken, seconded by Commissioner Carson and carried, the Clerk was authorized to pay the interest on Certificates of Indebtedness.
On motion of Commissioner Hoskinson, seconded by Commissioner VanAuken and carried, the Board approved the erection of the following at the Lake County Fairgrounds:
3 – 4400 lumen mercury vapor street lights and
1 – 21000 lumen mercury vapor street light on
2 – special creosote poles
Payment to the Lake County Chamber of Commerce in the amount of $2,083.33 March allotment was approved on motion of Commissioner Carson, seconded by Commissioner VanAuken and carried.
Payment to Gee & Jenson Consulting Engineers, Incorporated of $500.00 on contract dated September 3, 1968, was approved on motion of Commissioner Carson, seconded by Commissioner Hoskinson and carried.
On motion of Commissioner Carson, seconded by Commissioner VanAuken and carried, travel expenses for J. W. Bryant, Veterans Service Officer, were approved as follows:
St. Petersburg to confer with Veterans Administration representatives on February 26, 1969.
Gainesville to confer with personnel at the Veterans Administration Hospital, March 27.
Daytona Beach to attend Annual Service Officer’s Conference, May 3-10, includes Lorrine Retey.
Expenses of Doris Babb to attend County Finance Officers Spring Conference in Cocoa Beach, March 26-29, were approved on motion of Commissioner VanAuken, seconded by Commissioner Hoskinson and carried; also, expenses of the Clerk to attend one session.
The low proposal from Link Stationery & Printing Company for two (2) docket books for the Small Claims Court Office in the sum of $113.95 each was approved on motion of Commissioner Hoskinson, seconded by Commissioner VanAuken and carried.
The sale of old field boxes left on the Wells property to Donald Stephens for the sum of $20.00 was approved on motion of Commissioner Hoskinson, seconded by Commissioner Carson and carried.
On motion of Commissioner Hoskinson, seconded by Commissioner VanAuken and carried, the following vouchers were approved for payment:
General Revenue Fund 940 – 1174
Mosquito Control – State I 18 – 24
Mosquito Control – State II 20 – 24
Motor Vehicle Inspection Stations 95 – 121
Fine & Forfeiture Fund 101 – 121
Road & Bridge Fund 351 – 423
County Home Fund 4
Northeast Lake County Hospital Ambulance District 8
Northwest Lake County Hospital Ambulance District 8
CONTRACTS
Approval of amendment to contract with Florida Power Corporation covering the overhead lighting at the Eustis Interchange, State Road 19 and State Road 500, was deferred for further information.
SALARIES & WAGES
On motion of Commissioner Carson, seconded by Commissioner Hoskinson and carried, the Board approved the employment of Howard Rigdon, position Building Inspector, monthly salary $350.00, effective March 17, 1969.
FUNDS – Transfers
The Clerk was authorized to transfer $500.00 from the Contingency Item in the General Revenue Fund to Account No. 68845, on motion of Commissioner Carson, seconded by Commissioner Hoskinson and carried.
COMMUNICATIONS
Letter from the Clermont Chamber of Commerce endorsing the resolution passed by the Clermont City Council concerning primary and secondary roads was read and filed.
Letter from the Board of County Commissioners of Broward County relative to Emergency Management of Resources was referred to the County Planner for the new Civil Defense Director.
Minutes of meeting of February 10, 1969, of the Lake County Chamber of Commerce were filed.
Part I: Surface Water Records of the Water Resources Data for Florida – 1967 as prepared by the Water Resources Division, Geological Survey, Department of Interior was filed.
REPORTS
The following monthly reports were filed:
Welfare Director
Home Economics Agent and Assistants
Cigarette Tax Collections and distributions for January, 1969
Statistical Report, Florida State Board of Health
There being no further business to bring before the Board, the meeting adjourned at 5:45 o’clock P.M.
___________________________________ ______________________________
CLERK CHAIRMAN