MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
MONDAY – november 10, 1969
A regular meeting of the Board of County Commissioners of Lake County, Florida, was held in the County Commissioners’ Room in the Courthouse, Tavares, Florida, on Monday, November 10, 1969, at 9:00 o’clock A.M. with the following members present: Commissioner Thomas J. Windram, Chairman; and Commissioners James R. Carson, Jr., Alex J. Macdonell, J. M. Hoskinson and Kenneth VanAuken. Others present were County Attorney C. E. Duncan, County Engineer Gordon Hays, Jr., Clerk of Circuit Court Frank E. Owens, and Deputy Clerk Norma H. Coven.
The meeting was called to order by the Chairman, and the invocation was delivered by Mr. Hays. Chairman Windram called for Pledge of Allegiance to the Flag.
laws and legislature
On a motion by Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the Board directed the Attorney to forward copies of the proposed Special Act to the Legislators relative to Lake County borrowing unpledged monies for road construction and ask that they consider the bill during the special session in December.
On a motion by Commr. Carson, seconded by Commr. Macdonnell and unanimously carried, the Board directed a letter to the members of the Legislature representing Lake County to encourage them to work diligently and earnestly adopt a bipartisan, nonpolitical state program.
water levels
Commr. Macdonell filed a letter from the Southwest Florida Water Management District advising the levels of the major chain of lakes in the Oklawaha River Basin were adopted by the District on December 18, 1964. The letter also gives the maximum and minimum desired levels.
Attorney Duncan also submitted information from Gee & Jenson Consulting Engineers, Inc. relative to the manner in which the levels were set. The members requested that they be furnished a copy of this information for future reference.
Commr. Macdonell recommended that the Southwest Florida Water Management District and the Oklawaha Water Authority be requested to meet with owners on Lake Minnehaha who are suffering from high water.
indigents
On a motion by Commr. VanAuken, seconded by Commr. Macdonell and carried, the following changes were approved to the present indigent list:
District No. 1 – No change
District No. 2 – ADD Sally Queen $48.25
District No. 3 – No change
District No. 4 – ADD Uriah Benyard $58.00
District No. 5 – CANCEL Walter Jasper $20.00
bids
It now being the time advertised to receive bids on the sale of County property, the Chairman directed the Clerk to open and tabulate the bids, whereupon Clerk Owens reported receiving the following bids:
Tuscanooga Clay Pit: Containing .172 acres (See Notice of Sale for legal description)
W. O. Boone $242.81
Mascotte Clay Pit: Containing .297 acres (See Notice of Sale for legal description)
W. O. Boone $417.81
On a motion by Commr. Macdonell, seconded by Commr. Hoskinson and carried, the bids from W. O. Boone were unanimously accepted.
state agencies
Clerk Owens presented a statement from the Department of Administration asking for remittance of $27,374.23 in matching retirement funds for the years 1966 through 1969 for various County offices and the Waterman Memorial Hospital. Mr. Owens explained it is his understanding the State allowed the Hospital to go under the retirement system, but he does not understand the statement and suggests that this be discussed with Tallahassee. The members of the Board concurring, the Chairman instructed Mr. Carson to represent the Board in investigating this matter with the Clerk and County Attorney.
county property
On the recommendation of Commr. Hoskinson, the Board approved the use of the Minneola Clay Pit located at the North City Limits of Minneola on SR 25 as a turkey shoot on November 22 and 23. Attorney Duncan advised that as this is County property, the sponsors of the shoot should provide insurance protection to the County against liability. Commr. Hoskinson said he will see that the necessary insurance is provided.
county employees
Mrs. Virginia Brenneis, former Assistance Matron at the Juvenile Shelter, appeared before the Board regarding her discharge. Chairman Windram informed Mrs. Brenneis the law provides that the employees of the Juvenile Home are employed by the Board of County Commissioners on the recommendation of the Board of Visitors and the County Judge. Further, that the Board of County Commissioners has no authority over any dismissals pertaining to the Juvenile Home and suggested that she request in writing a hearing before the Board of Visitors to register her complaint.
county buildings
Commr. Hoskinson reported on his findings for repairs and changes to the third floor of the Courthouse. The Custodian said he can do any patching or painting necessary, and according to the Architect, the doorway change would be a complicated job and does not seem feasible. Will investigate this further.
The Engineer was instructed to have the prison crew clean the inside of the buildings at the Fairgrounds the Avion Trailer people will use.
ordinances
On the recommendation of Commr. Hoskinson, Attorney Duncan was instructed to notify the Pollution Control Board that revisions or amendments to the Special Act concerning the Pollution Board can be made by County Ordinance. It will be necessary for the Pollution Board to request the County Commission to adopt such an ordinance.
county buildings
Commr. Hoskinson informed the Board the County building in Ferndale known as the Ferndale Community Building is badly in need of repairs to the roof. He was authorized to obtain proposals for the work and to expend a maximum amount of $700 for the repairs.
insurance
Mr. Bob Boswell of Time Insurance Company was present relative to last week’s discussion of increase in group premiums on County employees. The increase will result in an additional 32 cents per month per employee as the County’s portion. On a motion by Commr. Macdonell, seconded by Commr. VanAuken and carried, the Board approved the payment of the County’s portion with the provision that Mr. Boswell obtain approval of the increase from each employee covered.
Two letters from Robert W. Dennis, Lake County Representative for Blue Cross-Blue Shield, were read asking for the opportunity to submit a proposal based on the past year’s experience.
contracts and agreements
Jack Jones, Architect, appeared and presented Change Order No. 1 to the contract on the Tavares Health Center, which reduces the contract $255.64. He also presented a request for an extension of time due to rain and failure to receive air conditioning equipment at the time quoted. Mr. Jones explained the contractor had no control over these circumstances and recommended that the extension of time be granted. He further stated the contract is complete and submitted waivers of lien from contractors and material suppliers. Commr. Carson moved that the extension of time be granted waiving the penalty and that Change Order No. 1 be approved. The motion was seconded by Commr. Hoskinson and carried unanimously.
juvenile
Chairman Windram submitted a report received from Judge Milton made by Jerry Knight, Chairman of the Board of Visitors to the Juvenile Shelter, said report recommending improvements to the physical condition of the Shelter as well as administration and personnel.
building department
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried, the Building Department was authorized to issue a building permit to Tony Amfahr to construct a boat house before the primary structure is built.
county prosecutor
Morton Aulls appeared before the Board relative to the status of his salary. Clerk Owens advised according to the Attorney General’s opinion he is entitled to receive compensation not to exceed $9,000 based upon the number of convictions and estreatments. The opinion further states even if conviction fees have not been taxed as costs since July 1, 1969, the County is liable to pay the prosecuting attorney based on the $9,000 maximum compensation. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried, the Clerk was authorized to pay the Prosecutor compensation not to exceed $9,000 as provided in Section 125.04 and 125.041, Florida Statutes, payable in twelve monthly installments.
recess and reassembly
The meeting recessed for lunch at 12:00 noon and reconvened at 1:30 p.m. to take up the remaining items of business.
commodity warehouse supervisor
Robert Alderman was present and explained the over-crowded conditions at the Surplus Commodity Warehouse and the shortage of help. Mr. Alderman said he has learned that some of the other counties are receiving federal assistance to operate their commodity programs. The County Planner was instructed to check into this as a Federal Aid Program.
bids
Engineer Hays recommended the following bids be accepted:
International Bulldozer from State Tractor & Equipment Co. $31,360.00
Caterpillar Motor Grader from Rozier Machinery Company $29,921.00
On a motion by Commr. Macdonell, seconded by Commr. Hoskinson and carried, the Board accepted the bid from State Tractor & Equipment Company to furnish International Bulldozer in accordance with specifications for the net price of $31,360.
On a motion by Commr. Macdonell, seconded by Commr. VanAuken and carried, all bids on the motor grader were rejected, and the Clerk was authorized to readvertise for open bids.
planning and zoning
J. C. Watkins, County Planner, advised the Planning and Zoning Commission has recommended that the Conditional Use Permit be deleted from the Zoning Regulations. His personal recommendation is not to delete the Conditional Use Permit in its entirety. Mr. Watkins was instructed to request the Planning and Zoning Commission to pursue this further and to advise the members of the Zoning Commission that the Board feels there are some good aspects to the Permit.
It now being the time advertised to hold a public hearing on proposed changes to the Zoning Rules and Regulations, the Chairman called for interested persons to be heard at this time. There were no objections or complaints, and on the recommendation of the Planning and Zoning Commission and on a motion by Commr. Carson, seconded by Commr. Hoskinson and carried, the following described tracts of land were amended to the Classification designated after each description:
(See Resolution stapled to page 554 of Minute Book 21)
Conditional Use Permits 158-4 and 160-1 were also approved in the foregoing motion, and Zoning Case No. 70-69-2 was denied.
The Chairman called for interested persons to be heard relative to Case No. 69-69-3 and Conditional Use Permit No. 159-3. The following persons appeared before the Board in objection to the rezoning:
Roy Caldwell, Attorney, representing E. K. Brockway
Mrs. Lawrence E. Stahl
Mrs. Margaret Russell
Mr. Robinson, Office Manager, Mount Dora Growers Coop. on behalf of E. K. Brockway
E. K. Brockway
Attorney Richard H. Langley representing the applicant appeared in support of the rezoning. A telegram from Adolf Deutschle in support of the rezoning was approved. A letter from Leonard J. Huff endorsing the request was filed.
On a motion by Commr. Macdonell, seconded by Commr. Carson and carried, the rezoning classification was approved, and the Conditional Use Permit was approved subject to the following condition: “That no part of said travel trailer park and campground facility may be situated closer than 200 feet to County Road 3-0847.” Commr. Hoskinson abstained.
With reference to Conditional Use Permit No. 156-1 to allow a mobile home as a single family residence in an R-1 zone, the applicant Thomas J. Ivey was present. Mrs. Keith Monroe appeared and objected to the request. On the recommendation of the Planning and Zoning Commission and on a motion by Commr. Macdonell, seconded by Commr. VanAuken, the permit was denied.
With reference to Conditional Use Permit No. 157-3 to allow a mobile home as a single-family residence in an R-1 zone, the applicant Mrs. Alice Taylor was present. George Potter appeared in opposition to the request. On the recommendation of the Planning and Zoning Commission and on a motion by Commr. Carson, seconded by Commr. VanAuken, the request was granted. Commr. Macdonell voted against the motion, and Commr. Hoskinson abstained. The Chairman voted “yes” and the motion was carried.
With reference to rezoning application No. 66-69-5 from R-1-A to Agriculture to place a mobile home, with no one appearing in support or opposing the application, Commr. Carson moved that the request be denied without prejudice. The motion was seconded by Commr. VanAuken and carried.
appointments
On the recommendation of the Chairman and on a motion by Commr. Carson, seconded by Commr. VanAuken and carried, Stephen C. Vaughn was appointed to replace J. G. Ray, Jr. on the Planning and Zoning Commission.
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried, the following appointments were approved to the Examining Board:
Clarence E. Bishop Clermont, Florida
Clell Coleman Leesburg, Florida
Robert A. Drew Groveland, Florida
Jack R. Jones Leesburg, Florida
William E. Morris Tavares, Florida
Clifford St. Louis Eustis, Florida
licenses and permits
On a motion by Commr. Hoskinson, seconded by Commr. Macdonell and carried, the Clerk was authorized to execute a Special Use Permit with the U. S. Department of Agriculture authorizing Lake County to use National Forest land for sanitary landfills in Astor and Paisley.
County employees
Clerk Owens informed the Board that Chapter 112.02, Florida Statutes, provides that all persons employed to work for the state or county must be residents of the state for two years.
The Clerk presented a letter from Representative James A. Glisson relative to the “code of ethics law” that includes local and county government, recommending that all elected officials and agency heads be notified of this bill. No action was taken by the Board.
bonds – misc.
Mr. Owens submitted a request from Olivenbaum Insurance Agency to cancel the firearms bond issued to James R. Davis, III, and he was instructed to request the return of the permit before the bond can be cancelled.
The following contractors’ bonds for certificates of competency were approved on a motion by Commr. Carson, seconded by Commr. Hoskinson and carried:
No. 68-70 Marcus Watters
No. 354-70 Modern Movers, Inc.
No. 393-70 Southern Plate Glass & Paint Co.
No. 464-70 Schroeder Services, Inc.
roads – county
On a motion by Commr. Carson, seconded by Commr. VanAuken and carried, the portion of County Road #2-0605 which crosses the property of John Ennis Hyatt and Arthur W. Story was abandoned as a county prescriptive road.
The Engineer was instructed to prepare a list of the roads built by the Turnpike Authority as access or connecting roads for owners who were cut off by the Sunshine Parkway.
roads – state
On a motion by Commr. Hoskinson, seconded by Commr. VanAuken and carried, a resolution was adopted requesting the Department of Transportation to erect a “Caution – Trucks Entering Highway” sign at the entrance to the Jahna Sand Mine on SR 50, approximately 2 ½ miles east of Clermont.
Engineer Hays said the City of Umatilla has requested the Board to include in its next year’s road requests the reconstruction and maintenance of SR 44A through the city via Rose Street and Lakeside Drive to SR 19.
The Engineer reported the approximate cost to extend the sidewalks on Griffin Road from Thomas Road to Beecher Street is $4,300. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried, the Board approved this project.
reports – official
The Annual Report for the Board of County Commissioners for the fiscal year 1968-69 was approved on a motion by Commr. Hoskinson, seconded by Commr. VanAuken and carried, and the Clerk was instructed to forward same to the Comptroller.
elections – special
The Certificate of the County Canvassing Board was filed showing that a total of 4,962 votes were cast in the Special Election held November 5, 1969.
public health
Attorney Duncan read a letter from the Department of Health and Rehabilitative Services with reference to the statutory authority of the county health departments to enforce the regulations of the Department, which states in part as follows: “In short, this Department does not have enforcement powers per se and is therefore required to enforce its regulations through court order.”
hospitals
Clerk Owens filed financial statements for the Leesburg General Hospital for the year ended June 30, 1969.
funds – transfers
On a motion by Commr. Carson, seconded by Commr. Macdonell and carried, the Board approved the following transfers of funds:
$1,000 from the Contingency Item in the General Revenue Fund to Acct. #68912, Attorney’s fees for the Pollution Control Board.
$1,250 from the Contingency Item in the General Revenue Fund to Acct. #68900, participating agreement for investigation of water resources.
$1,500 from the Contingency Item in the General Revenue Fund to Acct. #68445, Contact Services to take care of the contract with the City of Eustis.
$260 from the Contingency Item in the General Revenue Fund to Acct. #67302-2 to adjust the salary of the secretary in the Civil Defense Office to $4,684 annually.
accounts allowed or refused
On a motion by Commr. Hoskinson, seconded by Commr. VanAuken and carried, Mrs. Verna Eastwood was instructed to purchase one electric typewriter most suited for the Welfare Office.
The request from the Juvenile Counselor for reimbursement to Harrold Underwood for the $30 tuition fee to Lake-Sumter Junior college was denied on a motion by Commr. Hoskinson, seconded by Commr. VanAuken and carried.
On a motion by Commr. VanAuken, seconded by Commr. Carson and carried, final payment in the sum of $11,443.36 to Harvey Spears General Contractor for work performed on the Tavares Health Center was approved, subject to the approval of the building by the U. S. Public Health Service.
On a motion by Commr. Hoskinson, seconded by Commr. VanAuken and carried, architect’s fees in the amount of $457.19 to Jack Jones for services and supervision on the Tavares Health Center were approved.
A statement from the Department of Natural Resources, Bureau of Geology, in the amount of $8,500 in accordance with the participating agreement for investigation of water resources was approved on a motion by Commr. Carson, seconded by Commr. VanAuken and carried.
Requests from the Lake County Chamber of Commerce for October and November allotments for $2,083.33 each month were approved on a motion by Commr. Hoskinson, seconded by Commr. Carson and carried.
Annual dues from the State Association of County Commissioners in the amount of $1,038.63 were approved on a motion by Commr. Hoskinson, seconded by Commr. VanAuken and carried.
Reimbursement to the E. Central Florida Regional Planning Council in the amount of $1,108.94 for November expenditures was approved on a motion by Commr. Hoskinson, seconded by Commr. VanAuken and carried.
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried, the Board authorized payment of the second note on the Motor Vehicle Inspection loan to the First National Bank of Mount Dora in the amount of $25,000 plus $515.63 interest.
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried, payment to the Florida Forest Service in the sum of $12,033.60 for the Fire Control Assessment for 1969-70 was approved.
On a motion by Commr. Carson, seconded by Commr. VanAuken and carried, payment to the Florida Forest Service in the amount of $2,000 for the Cooperative Forest Management Project for 1969-70 was approved.
The request from the Tax Assessor for $75,809.46 commissions on the 1969 tax roll was approved on a motion by Commr. VanAuken, seconded by Commr. Carson and carried.
A request from the Veterans Service Officer to purchase two electric Royal Typewriters from Lake Business Machines in the amount of $567.60 was approved on a motion by Commr. Hoskinson, seconded by Commr. Macdonell and carried.
Travel expenses for the Veterans Service Office to confer with the Veterans Administration in St. Petersburg on November 19 and in Gainesville on November 26 were approved on a motion by Commr. Hoskinson, seconded by Commr. Carson and carried.
A request from the Juvenile Office to purchase two Gray Magnetic Belt Dictaphone machines for the price of $400 was approved on a motion by Commr. Carson, seconded by Commr. Hoskinson and carried.
On a motion by Commr. Carson, seconded by Commr. VanAuken and carried, the Clerk was authorized to purchase four Civil Action Dockets and one Uniform Support docket for the total cost of $369.
Travel expenses for the Board members, the County Attorney, and the County Planner to attend the State Association Seminar in Gainesville on November 13 and 14 were approved on a motion by Commr. Carson, seconded by Commr. Hoskinson and carried.
On a motion by Commr. VanAuken, seconded by Commr. Carson and carried, the following vouchers were approved for payment:
General Revenue Fund Nos. 1-244
Mosquito Control State I 1-5
Mosquito Control State II 1-14
Fine and Forfeiture Fund 1-27
Motor Vehicle Inspection Fund 1-30
Road and Bridge Fund 1-95
Northeast Lake County Hospital District 1
Northeast Lake County Ambulance Fund 1-2
Northwest Lake County Hospital District 1
Northwest Lake County Ambulance Dist. 1-2
South Lake Memorial Hospital District 1
South Lake Memorial Hosp. Amb. Fund 1
The Clerk was instructed to notify all departments and county offices when asking for bids or proposals on the purchase of new equipment to request prices showing the trade-in value of the old equipment and also prices without a trade-in value.
cancellation of warrants
The Board approved the cancellation of General Revenue Fund Warrant #3822 issued to Linda Scott in the amount of $2 for the reason that Miss Scott is a state employee and not subject to reimbursement for a service that falls within her normal duties.
communications
A copy of a letter from the Board of Public Instruction to Mrs. J. L. O’Berry relative to reimbursement for transporting school children was read and filed.
complaints
A letter of complaint from C. S. Whitfield, Orlando, complaining of the condition of roads was read and filed.
A letter from Marvin Breece, Leesburg, was read in which he objects to the County entering into an aerial spray program for pest eradication.
A letter from Robert E. Glynn to the Southwest Florida Water Management District concerning the bank washing away adjacent to the Burrell Lock and Dam was read and filed.
reports
The following monthly reports were filed:
Welfare Director
Veterans Service Officer
Surplus Commodity Warehouse Supervisor
resolutions not classified elsewhere
On a motion by Commr. VanAuken, seconded by Commr. Hoskinson and unanimously carried, the following resolution was adopted:
RESOLUTION
WHEREAS, subversive and radical forces within our nation are attempting to influence public opinion against our President’s efforts to attain a just and honorable peace in Vietnam and
WHEREAS, these radical forces are degrading our American Flag, subverting the military forces, and causing dissention and desertion among our fighting men in Vietnam.
NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida:
That this Board of County Commissioners does hereby strongly support the President of the United States in his diligent efforts to end the Vietnam War in a just manner and with an honorable peace, and
That this Board also recognizes the valiant effort and patriotic duty displayed by our American fighting men in Vietnam, and as the duly elected representatives of the people of Lake County, the members of said board do hereby pledge their support to our men in the military service and express our strong resistance to the subversive efforts of the radical forces within our nation.
There being no further business to bring before the Board, the meeting adjourned at 5:15 P.M.
___________________________________ ______________________________
CLERK CHAIRMAN