MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS

 MONDAY – AUGUST 11, 1969

A regular meeting of the Board of County Commissioners of Lake County, Florida, convened in the County Commissioners’ Room in the Courthouse, Tavares, Florida, on Monday, August 11, 1969,  at 9:00 o’clock A.M. with the following members present:  Commissioner Thomas J. Windram, Chairman; Commissioners James R. Carson, Jr., J. M. Hoskinson, Alex J. Macdonell, and Kenneth VanAuken.  Others present were County Engineer Gordon Hays, Jr., County Attorney C. E. Duncan, and Clerk of Circuit Court Frank E. Owens, and Deputy Clerk Norma H. Coven.  The meeting was called to order by the Chairman.

indigents

On motion of Commissioner Carson seconded by Commissioner VanAuken and carried, the following changes were approved to the present indigent list:

           

District No.

 

 

 

2

CANCEL

George Hall

$ 5.79

 

CANCEL

Sally Queen

 58.00

4

ADD

 Tommie Givens

40.00

 

CANCEL

Elma Schrotz

3.86

 

CANCEL

Uriah Benyard

74.48

5

ADD

Walter Jasper

20.00

1 & 3

NO CHANGE

 

 

 

Mrs. Eastwood was present relative to request from Floyd Jaggears that his mother be permitted to enter the Lake Memorial Nursing Home.  She explained that the mother has been away from Lake County for twelve months and has lost her residency and we cannot supplement another County.  Therefore, the request was denied on motion of Commissioner Carson seconded by Commissioner Macdonell and carried.

On motion of Commissioner Carson seconded by Commissioner VanAuken and carried, a Resolution was adopted that effective October 1, 1969, Lake County will participate in a State-wide program to provide Hospital Service for the Indigent and for these purposes there is established in the Budget the “Lake County Indigent Hospitalization Fund” in the amount of $32,700.00.

road closings

Petition to close platted street in Yalaha was accepted on motion of Commissioner Macdonell seconded by Commissioner Hoskinson and carried and a Resolution was adopted to advertise for a public hearing of the intention to close the following described street:

That part of Edgewater Street starting 100 feet East from the intersection of the Easterly line of the right-of-way of Orange Avenue with the right-of-way of Edgewater Street and lying between that point and Lime Avenue lying between Citrus Street and the waters of Lake Harris and also the alley which divides Block 2, all according to the map of Yalaha as recorded originally in Sumter County.  Citrus Street is shown as Citron Street, according to the original map of Yalaha.

 

Engineer Hays advised concerning petition to close park in Edgewater Beach Subdivision that Lots 1, 2, 3, 4 in Block B should not be closed.  The Attorney was instructed to correct the description to omit the above lots.

roads – state

On motion of Commissioner Macdonell seconded by Commissioner Hoskinson and carried, the following Resolution was adopted:

“WHEREAS, it appears from the Budget of the Department of Transportation for the fiscal year beginning July 1, 1969, that there is included in the budget for Secondary Roads for Lake County, the right-of-way for a connecting road within the City Limits of Leesburg and marked State Road 500-A, and the sum of $400,000.00 of Lake County’s Secondary money budgeted for that purpose; and

WHEREAS, the Board of County Commissioners are of the opinion that until State Road 25 (U.S. No. 27) through the City of Leesburg has been widened and rebuilt, and segments of State Road 50 in South Lake County are four-laned as requested in a former Resolution designating priority for road construction in Lake County, the allocation of funds for the cross-road within Leesburg designated on said Budget as SR 500-A, should be delayed and eliminated from the 1969-70 Budget, and the funds allocated for that purpose be allocated and used in the acquisition of rights-of-way for State Road 25 within the City of Leesburg and segments of State Road 50 in South Lake County;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, that the Department of Transportation be requested to eliminate from the 1969-70 Road Budget for Lake County, the items designated as SR 500-A (connecting road between SR 500 and SR 33), the sums allocated for the purchase of rights-of-way; that such sums so allocated be transferred and used for the acquisition of rights-of-way for State Road 25 within the City of Leesburg and segments of State Road 50, South Lake County, and that said items designated as State Road 500-A be included in the subsequent year within the five year plan.”

Commissioner Hoskinson discussed the possibility of improving SR 455 from Ferndale North and West to SR 19.  Engineer Hays advised this portion is a State Primary Road.  The improved portion of SR 455 from Ferndale South through Montverde to SR 50 was paid from secondary funds and is on secondary road maintenance.  Mr. Hoskinson and Mr. Hays will contact the Department of Transportation regarding the unimproved section of the road.

Mrs. Jean Cooke representing the Golden Triangle Chambers of Commerce appeared concerning a scenic route for the Triangle area and asked the Board’s approval of same.  Commissioner Macdonell moved that the route as submitted be approved and that the cooperation of the Department of Transportation be requested.  The motion was seconded by Commissioner VanAuken and carried.

ORDINANCES

Attorney Duncan presented form of Ordinance concerning the legal hours for the sale of alcoholic beverages within the County.  He was instructed to redraw the Ordinance to limit the privilege of holders of special entertainment licenses, no package sales after midnight, extended hours Monday through Friday only.

tax assessment

Jerry Dillard appeared and complained of increase in assessment on his property. Chairman Windram informed him complaints before the Equalization Board were heard last week and he must submit an application for an agricultural classification.

suits affecting county

Attorney Duncan was directed to pursue the suit against Diamond Salvage Company.

Commissioner Hoskinson presented agreement signed by George Fountain and wife granting an 80 foot easement along the Dora Canal and allowing for walkways or bridges to the canal. Mrs. Harriet Sears and Mr. Anthony of the Tavares Chamber of Commerce protested that the proposal outlined by Mr. Fountain is contrary to the original intent of the Board.  Mr. DeDier, City Administrator, was present and advised the City has rezoned the property to a commercial classification and has issued a temporary permit to place a trailer on the property.  Mr. Hoskinson asked for an opinion from the City Council on this subject by the first regular meeting in September and withdrew the agreement.

road and bridge department

On motion of Commissioner Hoskinson seconded by Commissioner VanAuken and carried, the Engineer was authorized to enter into an agreement with Marvin Boykin for the exchange of fill dirt or clay.  Said exchange to be on a load-for-load basis with the loading being handled by County personnel.

bids

It now being the time advertised to receive bids on furnishings and equipment for the Tavares Health Center, the Chairman directed the Clerk to tabulate the bids, whereupon, Clerk Owens reported receiving bids from the following:

Lake Office Equipment, Incorporated, Leesburg

Medical Supply Company of Jacksonville

Simons Office Equipment, Leesburg

George Stuart, Incorporated, Orlando

 

The bids were referred to Dr. Hall and the County Engineer for study and recommendation to the Board on motion of Commissioner Hoskinson seconded by Commissioner Carson and carried.

It now being the time advertised to receive bids for surfacing streets in Lynhurst Subdivision, Lake Minnehaha Chain-O-Lakes, and Minnehaha Beach Subdivision, the Chairman directed the Clerk to tabulate the bids, whereupon Clerk Owens reported receiving bids as follows:

Basic Asphalt Corporation –   5,784 square yards - 70¢ per square yard

                                                11,134 square yards - 90¢ per square yard

Carroll Contracting Co. -       16,918 square yards - 51¢ per square yard

 

On motion of Commissioner Carson seconded by Commissioner Hoskinson and carried, the bids were referred to the Engineer for study and recommendation to the Board.

Later in the day on recommendation of the Engineer the bid of Carroll Contracting Company, Incorporated was accepted as the lowest and best bid on motion of Commissioner Macdonell seconded by Commissioner Hoskinson and carried.

water pollution

On motion of Commissioner Hoskinson seconded by Commissioner Carson and carried, the Board agreed to ask the local Pollution Control Board for a survey of State agencies involved in pollution control and the authority vested in the various agencies.

Ted Wicks of the Pollution Control Board appeared and reported on a meeting of all parties concerned in the dredging operation in South Lake County.  It was stipulated by all parties that the dredging operation will be suspended until all provisions agreed to are met.  A check on the operation will be made twice weekly and samples of the water will be taken once a month.

mosquito control

Paul Milton, Mosquito Control Director, appeared and reported an accident which occurred after the fog truck had been in the area.

On motion of Commissioner Macdonell seconded by Commissioner Hoskinson and carried, the Mosquito Control Director was authorized to erect adequate barriers at the County landfills.

public health

The Attorney was instructed to prepare an Ordinance relative to licensing and controlling private garbage and trash collectors.

The Attorney was also instructed to review a Special Use Permit Agreement which is required by the Forestry Service before dump sites are approved by the Service.

east central florida regional planning council

Commissioner Hoskinson reported some of the County Council members have reduced their financial support from 10¢ per capita to 5¢.  He was instructed to take the position that Lake County will not contribute any more than the other counties.

outdoor recreational facilities

Wallace DeDier and Fred Stover, representing the City of Tavares, were present relative to the maintenance of the Wayside Park on Lake Eustis West of Tavares.  On motion of Commissioner Hoskinson seconded by Commissioner Macdonell and carried, a Resolution was adopted that Lake County will furnish a crew to mow and to clean the Park on each Monday morning when necessary; that the mowing of the law will be done by the crew, using two power mowers to be furnished by the City of Tavares.

recess and reassembly

The meeting recessed for lunch at 12:00 o’clock noon and reconvened at 1:30 o’clock P.M. to take up the remaining items of business.

board of public instruction

Letter from the Board of Public Instruction listing hazardous school crossings was referred to the Engineer.

building department

Robert Oatman, Building Administrator, appeared at the request of the Board relative to the construction of modular homes meeting the County’s building code.  Mr. Oatman stated the modular homes must be approved by the Southern Standard Building Code Congress before Lake County can approve their construction.

tax assessment

Tax Assessor R. G. Cassady was present relative to Chapter 193.201, Florida Statutes, County Agricultural Zoning Board, Assessment of lands zoned agricultural.  Mr. Cassady said the law requires the entire County will be assessed agriculture or non-agriculture.  A property owner, who thinks his property should be assessed agriculture, should apply for the classification on the application form as specified.  The application then goes before the Board of County Commissioners, the County Agent and the Tax Assessor.  The law does not require that the assessed value must be changed – only the classification.  The Chairman stated the question this Board is concerned with is not the implementing of the law but whether or not the Board is violating the law by not requiring that applications be filed before the Agricultural Zoning Board.

The Attorney was directed to obtain an opinion from the Attorney General on what procedure and steps the Board should follow with regard to the law.  The Chairman called a special session for Thursday, August 14, 1969, at 10:00 o’clock A.M. to meet with the Tax Assessor and County Agent as a County Agricultural Zoning Board.

planning and zoning

On recommendation of the Planning and Zoning Commission and on motion of Commissioner VanAuken, seconded by Commissioner Carson and carried, a Resolution was adopted amending the Zoning Rules and Regulations as they pertain to the following tracts of land, to the Classification designated after each description:  (See Board of County Commissioner’s Minute Book 21, Page 485)

Also, Conditional Use Permits 137-5 144-5, 145-5, 139-2, 140-1, 141-5 and 142-1 were approved.

At this time the Chairman called for interested persons to be heard concerning Conditional Use Permit 130-2, said permit would authorize the applicant to maintain and operate a poultry enterprise.

The following persons appeared opposing the permit:

            William Morgan

            J. R. Fowler

            Mrs. Ascherl, applicant, was present in support of the permit

 

On motion of Commissioner Macdonnell, seconded by Commissioner Hoskinson and carried, the Board denied the request.

At this time the Chairman called for interested parties to be heard concerning Conditional Use Permit 143-1, said permit would authorize the applicant to develop and maintain a golf driving range and denial of same is the recommendation of the Planning and Zoning Commission.

The following persons appeared opposing the permit:

                        Donald Barnett

                        Roy Tucker

The following persons appeared in support of the permit:

                        Harold Pippard, Applicant

                        Mrs. Ted Giles

                        Wanda Isaacs

 

On motion of Commissioner Hoskinson seconded by Commissioner VanAuken and carried, the Board denied the request.

Rezoning Case No. 42-69-1 was considered at this time and no one appearing in support or opposition to the application, the recommendation of the Planning and Zoning Commission to deny same was upheld on motion of Commissioner VanAuken seconded by Commissioner Macdonell and carried.

Action on Conditional Use Permit 138-2 was deferred on request of J. D. Wadkins.

roads – county

Attorney Duncan was instructed to study the new subdivision regulations relative to building permits being issued where property is sold on metes and bounds and also the definition of access roads.  Letter from Deerhaven Camp Grounds pertaining to this was filed.

civil defense

Tom Chapman, Civil Defense Director, was present concerning Resolution previously discussed that future County buildings will provide fallout protection.  Mr. Chapman was directed to work with the County Attorney on this and bring the final draft to the Board.

use permits

Use permit to the City of Leesburg for the construction and maintenance of gas mains along County Roads 1-6205 and 1-6105 in Spring Lake Manor was filed by the Engineer.

resolutions not classified elsewhere

On recommendation of the Attorney and on motion of Commissioner VanAuken seconded by Commissioner Carson, a Resolution was adopted approving the request of Sarasota County to withdraw from the Central Florida Regional Housing Authority.

Also, a Resolution was adopted approving the request of Palm Beach County to withdraw from the Central Florida Regional Housing Authority.

accounts allowed

On motion of Commissioner Carson seconded by Commissioner VanAuken and carried, the Board authorized the Clerk to order fifteen (15) Shoup Voting Machines to be delivered in February 1970.

Request from the Civil Defense Department to purchase file cabinet, $24.75 and master punch, $25.00, was approved on motion of Commissioner Carson seconded by Commissioner VanAuken and carried.

Refund to George Dirlam in the amount of $9.00 caused by error in calculation on Building Permit No. 10417 was approved on motion of Commissioner Carson seconded by Commissioner Macdonell and carried.

On motion of Commissioner VanAuken seconded by Commissioner Macdonell and carried, request in the sum of $2,038.33 was approved to the Chamber of Commerce.

Travel expenses of J. W. Bryant, Veterans Service Officer, were approved as follows:

            July 5, 1969 – Gainesville, Florida to take Veteran to the Veterans Administration Hospital, $19.85

 

            July 11, 1969 – Saint Petersburg to confer with Veterans Administration on claims $31.85

 

            August 8, 1969 – Saint Petersburg in regard to appeal cases, $31.85

 

Clerk Owens was instructed to notify Mr. Bryant to get travel vouchers approved in advance in the future.

On motion of Commissioner Hoskinson seconded by Commissioner VanAuken and carried, attorneys’ fee to Duncan and Ford in the amount of $2,180 was approved for the Pollution Control Board.

On motion of Commissioner Hoskinson seconded by Commissioner Carson and carried, the following vouchers were approved for payment:

General Revenue Fund

2087 - 2298

Mosquito Control – State I

51 - 55

Mosquito Control – State II

45 – 49

Auto Inspection Fund

222 – 245

Fine & Forfeiture Fund

212 – 231

Road & Bridge Fund

728 – 816

Capital Outlay Reserve County Buildings

1

Capital Outlay Reserve Health Clinic

8 – 9

N.E. Lake County Hospital

8

N.E. Lake County Hospital - Ambulance

16

N.W. Lake County Hospital – Ambulance

16

funds – transfers

Transfer of $49.75 in the General Revenue Fund from Account Number 67304 to new account Purchase of Equipment was approved.

Transfer of $2,180 from the Contingency Item in the General Revenue Fund for legal fees for the Pollution Control Board was approved.

communications

Letter from the Child Welfare Office relative to reimbursement to foster parents was read and filed.

Letters from the Florida State Board of Health regarding the City of Eustis and City of Mount Dora were filed.

reports

The following monthly reports were filed:

            Veterans Service Officer

            Welfare Director

            Statistical Report from the State Board of Health

 

Report of Average Monthly Mileage for County Agents, John L. Jackson, Jr., and Royce C. Williams for the month of July were approved on motion of Commissioner Carson seconded by Commissioner VanAuken and carried.

Clerk Owens filed with the members cash balance as of July 31, 1969.

There being no further business to bring before the Board, the meeting recessed at 5:15 o’clock P.M. until August 14.

 

___________________________________                                                                                                                                                              ______________________________

CLERK                                                                                                                                                                                                                       CHAIRMAN