MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS

 MONDAY - MAY 11, 1970

The Board of County Commissioners convened in regular session in the Commissioners’ Room in the Courthouse, Tavares, Florida, on Monday, May 11, 1970, at 9:00 o’clock A.M. with the following members present:  James R. Carson, Jr., Chairman; Alex J. Macdonell, J. M. Hoskinson, Thomas J. Windram, and Kenneth VanAuken.  Others present were:  County Attorney C. E. Duncan, Clerk of Circuit Court Frank E. Owens and Deputy Clerk Norma H. Coven.

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

bonds – road

Mr. Duncan reported on his trip to Tallahassee.  Discussed with Mr. Noda, Finance Officer, and Mr. Hadley, Attorney, for the Department of Transportation, the money in trust and it developed that the bond issue included SR 19 through Eustis and other roads.  It seems that some of the money from that bond issue was unused in the Blakeley Suit,” and the Finance Department will not transfer any funds from the bond issue until the Blakeley Suit has been completely settled.  There is one piece that was not disposed of in the trial.  Also, at such time as the monies can be transferred they will not be transferred directly to the account of Lake County but will be transferred to the Sinking Fund to pay off the bonds, which will then be applied for that purpose immediately.  This will release the Sinking Fund and the reserves from the 5, 6 and 7 cent gas tax, which has been reserved in the past and will, therefore, add to Lake County funds to the extent of the amount that has been reserved each year.

bids

On motion of Commr. Macdonell seconded by Commr. Windram and carried, the Board authorized advertising for a steel wheel roller, bids to be opened June 15, 1970.

contracts and agreements

On motion of Commr. Windram seconded by Commr. Hoskinson and carried, the Board approved expanding the agreement with Frank W. Wagner Grading & Excavating for the exchange of three parts of clay for four parts sand to include any County-owned clay pit.

On motion of Commr. Hoskinson seconded by Commr. Windram and carried, lease agreement with the City of Clermont covering the operation of garbage disposal area was approved and the Chairman was authorized to execute same.

meetings

Members of the Board concurring, the Chairman set May 25, 26 and 27 at nine o’clock A.M. for the Board to review budget requests and May 20 at two o’clock in the afternoon to interview applicants for the position of County Engineer.

indigents

The present indigent list was approved with no changes on motion of Commr. Hoskinson seconded by Commr. VanAuken and carried.

road and bridge dept.

Commr. Macdonell opened a discussion relative to the County purchasing land for clay pits without appraisals.  Attorney Duncan advised the County can make an offer for land and buy same without an appraisal, however, an appraisal would be made on the basis of the actual sales of land in the area, which is the best policy to follow.  Commr. Macdonell recommended that the survey crew make borings on lands under consideration.

roads – county

The Board reviewed and discussed suggested Rules of Procedure for Acknowledging Prescriptive Roads and same will be discussed further at a later meeting.

appraisals

The Attorney was instructed to request copy of appraisements of all properties on SR 25, Job 11200-2509.

county buildings

On motion of Commr. Macdonell seconded by Commr. Windram and carried, the Board approved the transfer of the Welfare Office from the Pioneer Welfare to the second floor of the Chamber of Commerce Building, provided the Safety Council has no objection to moving to the Pioneer Building.

board of public instruction

Dr. Clyde Stevens and Don Berry appeared and discussed problems at the various school locations throughout the County.  At Bates Avenue School would like the County to clean up the area.  Also, the construction of a road from SR 44 to the school.  Dr. Stevens suggested that this might be accomplished in cooperation with the City of Eustis.  Commr. Windram agreed to handle the preliminaries on this and report to the Board.

Dr. Stevens discussed problems at the Edgewood School in Groveland.  There is a possibility the school can be used as a vocational school if we could get an access road.  Commr. Macdonell said he will look into this possibility.

Mr. Berry said the County has done some cleaning up in the area of the Rimes School and there are considerable more improvements to be made.  The Dabney School is being remodeled to have the entrance on Dixie Avenue.  He asked that the guardrails be erected along Griffin Road before the beginning of the fall term.  This was to be done with the cooperation of the City of Leesburg.  Dr. Stevens advised under the compliance plan all schools in the State must be integrated by the end of the year.

recess and reassembly

The meeting adjourned for lunch at twelve o’clock noon and reconvened at 1:15 o’clock P.M. to take up the remaining items of business.

county agents

On recommendation of the County Extension Director and on motion of Commr. Windram seconded by Commr. Hoskinson and carried, the Board approved the employment of Jeanne Marian Allen for the position of Extension Home Economics Agent effective July 1, 1970 at an annual salary of $4,320.00 plus 10¢ per mile travel up to $900.00 annually.

public health

Paul Milton, Mosquito Control Director, was present and reported on the County-wide clean-up campaign.  Have received favorable response from the public generally and will continue to seek permission to clean-up private properties.  Mr. Milton presented a map showing locations of proposed dump sites, whereupon, the Board approved the following locations:

                        Lady Lake Landfill

                        Paisley Dump

                        Clermont Dump

                        Stucky Dump

                        Smith Salvage Yard between Tavares and Mount Dora on Old SR 500

 

Gene Smith of the Triangle Metal and Paper Salvage was present and the removal of junk cars throughout the County was discussed.  Mr. Duncan said the State Air Pollution Control Board wants to be notified when 25 or more cars will be burned.  Mr. Smith agreed to notify Mr. Milton when and at what location burning will occur.  On motion of Commr. Macdonell, seconded by Commr. Windram and carried, the Board agreed to enter into a contract with Triangle Metal & Paper Salvage for the removal of junk cars based on proposal submitted to the Board previously, with the omission of the removal of appliances.

bonds – misc.

Bond for Carrying Firearms for Christian Henry Borneman was approved on motion of Commr. VanAuken seconded by Commr. Hoskinson and carried.

planning and zoning

Rezoning Case No. 20-70-4 was presented for consideration and the Chairman called for interested parties to be heard.

Lester Kalmanson representing the applicant appeared in support of the request.

On motion of Commr. Macdonell seconded by Commr. Windram and carried, the recommendation of the Planning and Zoning Commission was refused and the request was granted.

Rezoning Case No. 24-70-5 was presented for consideration and the Chairman called for interested parties to be heard.

The following persons appeared opposing the request:

            Robert Teller

            Richard Coyne

            Clark Kauffman

 

The following person appeared in support of the request:

 

            Lester Huey representing the applicant.

 

On motion of Commr. Windram seconded by Commr. Hoskinson and carried, the recommendation of the Planning and Zoning Commission was refused and the request was granted.

Rezoning Case No. 30-70-4 was presented for consideration and the Chairman called for interested parties to be heard.

The following persons appeared in opposition to the request.

            D. E. Stephens

            David Brown representing Glenn Brown

            Letter from W. J. Wingler was filed opposing the request

 

            Doris P. Morse, applicant, appeared in support of the request.

On motion of Commr. VanAuken seconded by Commr. Windram and carried, the recommendation of the Planning and Zoning Commission that the request be denied was upheld.

Conditional Use Permit No. 186-4 was presented for consideration and the Chairman called for interested parties to be heard.

The following persons appeared in opposition to the request:

            Jim Simpson

            David Brown

 

The applicant, Frank Wagner, appeared in support of the request. 

 

On motion of Commr. Windram seconded by Commr. Macdonell and carried, the Board deferred action until May 18, 1970 at two o’clock P.M.

Conditional Use Permit No. 184-4 was presented for consideration and the Chairman called for interested parties to be heard.

The following persons appeared in opposition to the request:

            Mr. Burgess

            Earl Baugh

 

The following persons appeared in support of the request.

 

            Andres M. Miny, applicant

            A. E. Mitchner

 

Commr. Macdonell recommended that the permit be approved limiting the operation to its present capacity.  Commr. VanAuken moved that the recommendation of the Planning and Zoning Commission be refused and the permit denied.  The motion was seconded by Commr. Hoskinson.  Commr. Macdonell voted against the motion.  Chairman Carson declared the motion carried.

Conditional Use Permit No. 181-2 was presented for consideration and the Chairman called for interested parties to be heard:

Letter from J. O. Gentry opposing the request was read into the record.

James Gerald Vaughn, applicant, appeared in support of the permit.

On motion of Commr. Hoskinson seconded by Commr. Windram and carried, the Board approved the permit.  Commr. Macdonell voted “no.”

On recommendation of the Planning and Zoning Commissioner and on motion of Commr. Windram seconded by Commr. Hoskinson and carried, the Zoning Rules and Regulations were amended as they pertain to the following described tracts of land:

1.         Sec. 19, Twp. 19 S., Rge. 28 E Lots 39, 40 and 41, Hilltop Sorrento Subdivision, according to the plat thereof as recorded in Plat Book 18, page 16, Public Records of Lake County, Florida (3 acres).

 

            Now classified and zoned as A (Agricultural), be and the same is hereby amended, changed and rezoned to classification C-1 (Commercial).

 

2.         Sec. 1 and 2, Twp. 22 S., Rge. 26 E.  Begin 455 ft. North and 429.45 ft. west of Southeast corner of Lot X, Lakeside Division, run north to north line Lot X.  Begin again at Point of Beginning, run West 112.89 ft., South 58 degrees 41’ West 304.78 ft., North 64 degrees 14’ West 297.78 ft., West 20.72 ft. to East line Lot 3, Blok 1 Division F, Town of Montverde, North 51.3 ft., West 100 ft., North to North line Lot X East to intersect first line.  Les:  Any part lying within Montverde City Limits.  (14 acres)

 

            Now classified and zoned as R-1 (Residential, be and the same is hereby amended, changed and rezoned to classification A (Agricultural).

 

3.         Sec. 20, Twp. 19 S., Rge. 25 E. North ¼ of Government Lot 3. (22 acres)

 

            Now classified and zoned as R-1A (Rural Residential), be and the same is hereby amended, changed and rezoned to classification R-3 (Mobile Home Parks Subdivision).

 

4.         Sec. 33, Twp. 18 S., Rge. 26 E.  that part of the East 500 feet of West 900 feet of Northwest ¼ of Southeast ¼, lying North of Highway and South of railroad.  (6 acres)

 

            Now classified and zoned as A (Agricultural), be and the same is hereby amended, changed and rezoned to classification C-3 (Urban Commercial District Small Industry).

 

5.         Sec. 23, Twp. 19 S., Rge. 25 E.  That part of Government Lot 1, bounded and described as follows:  Begin at a point 651.15 ft. South of a point 276.86 feet West of the Northeast corner of the Southeast ¼ of the said Section 23, thence run West 250 feet; thence South 352.56 feet, more or less, to a point on the Northerly line of the Right of Way of U.S. Highway 441; thence in a Southeasterly direction along the Northerly line of the said Right of Way to a point South of the point of beginning; thence North to the point of beginning.  (1.8 acres)

 

            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).

 

6.         Sec. 10, Twp. 18 S., Rge. 24 E. East ½ of Northwest ¼ of Southwest ¼.  (20 acres)

 

            Now classified and zoned as R-1A (Rural Residential), be and the same is hereby amended, changed and rezoned to classification A (Agricultural and Rural Enterprises.)

 

7.         Sec. 11, Twp. 20 S., Rge. 24 E.  Begin 268 feet West of Southeast corner of Northeast ¼ of Southwest ¼, run North 631.29 feet, West to SR 33.  Begin again at Point of Beginning, run West 476 feet, North 212.24 feet North 60 degrees 29’35’ West to Highway Northeasterly to intersect first line.  AND:  a Strip of land lying West of SR 33 and East of railroad in Northeast ¼ of Southwest ¼.  AND: That part of the North 12 feet of South 631 feet of East 268 feet of Northeast ¼ of Southwest ¼, lying West of U.S. Hwy. 27; AND:  That part of the South 12 feet of East 268 feet of Northeast ¼ of Southwest ¼ lying West of U.S. Hwy. 27.

 

            Now classified and zoned s C-1 (rural Commercial District) and R-1 (Rural Residential), be and the same is hereby amended, changed and rezoned to classification R-3 (Mobile Home Park Subdivision).

 

8.         Sec. 16, Twp. 19 S., Rge. 25 E.  Begin at the intersection of the North Right of Way line of U.S. Highway No. 441 and the East line of Lot 18, Block 33, Silver Lake Estates, according to the plat thereof as recorded in Plat Book 10, Page 66, of the Public Records of Lake County, Florida, run thence westerly along North Right of Way of U. S. Highway No. 441, for 50 feet, more or less, to a point that is 50 feet from the East line of Lot 18, when measured at right angles, run thence North 16 degrees 44’10” East parallel to and 50 feet West of said Lot 18, for a distance of 349.88 feet, thence South 69 degrees 20’30” East for 651.14 feet, thence South 16 degrees 34’00” West for 410 ft. to the North Right of Way line of U. S. Highway #441, thence Westerly along said Highway Right of Way to POB, LESS, a Strip 33 ft. wide along the Easterly portion thereof.  (5.8 acres)

 

            Now classified and zoned as R-1A (Rural Residential), be and the same is hereby amended, changed and rezoned to classification C-2 (Commercial District).

 

Also approved in the above motion were Conditional Use Permits 182-5, 183-3 and 185-2; and Rezoning Case Nos. 27-70-4 and 28-70-4 were denied.

J. C. Watkins, County Planning Director, stated he has received complaints of two family units being installed in Imperial Mobile Terrace, Third Addition, and advised that although one unit installed has two kitchens, it is still considered a one family unit and there is no zoning problem.  The Board concurred in Mr. Watkins’ statement.

subdivision regulations

On motion of Commr. Hoskinson seconded by Commr. Windram and carried, a Resolution was adopted requiring developers of land in Lake County, who do not provide for any improvements or access to individual lots to include the following in the first page of the Public Offering Statement:

THE COUNTY GOVERNMENT OF LAKE COUNTY HAS NOT PROMISED OR AGREED, AND DOES NOT INTEND TO PROVIDE STREETS, DRAINAGE, WATER UTILITIES OR ANY OTHER IMPROVEMENTS TO THIS LAND.  NO BUILDING PERMITS WILL BE ISSUED UNLESS AND UNTIL ALL REQUIREMENTS FOR ACCESS AND ALL ZONING REGULATIONS AND REQUIREMENTS HAVE BEEN MET.

 

(This Resolution was amended on June 1, 1970.)

beverage law

Clerk Owens advised the Board has received an offer for the three vehicles seized in a beverage case and stored at the Mascotte Barn, and same was referred to the Attorney.

salaries and wages

On motion of Commr. Windram seconded by Commr. VanAuken and carried, the Board approved the employment of Lucy Ann Wilson in the Veterans’ Service Office effective May 11, 1970, monthly salary $300.00; also, approved part-time work for Thelma Kilgore from 4 – 8.

checks received

Check from the Clerk of Circuit Court in the amount of $571.24, balance on hand from advance to pay State trial witnesses, was accepted on motion of Commr. Windram seconded by Commr. Hoskinson and carried.

accounts allowed

On motion of Commr. VanAuken, seconded by Commr. Hoskinson and carried, additional travel expenses were approved in the sum of $124.40 for J. W. Bryant and Lorrine Retey to attend conference in Daytona Beach.

Travel expenses were approved on motion of Commr. VanAuken, seconded by Commr. Macdonell for Royce C. Williams to attend Nurserymen’s Short Course at the University of Florida, Gainesville, June 9 and 10.

Travel expenses for W. T. Mills and H. D. Underwood, $99.50 and $62.50, to attend semi-annual Juvenile Counselor’s Conference in St. Augustine, April 29 – May 1, were approved on motion of Commr. Hoskinson seconded by Commr. Windram and carried.  Commr. Macdonell voted against the motion.  The Clerk was instructed to advise the Juvenile Judge that it is the Board’s recommendation that all requests for travel be made prior to the time for travel, so that it may be considered in advance.

On motion of Commr. Macdonell seconded by Commr. Hoskinson and carried, statements for Medicaid were approved as follows:

                        January           $6,131.37

                        February           6,501.55

 

First request for payment from A. W. Smith & Son in the amount of $5,998.50 for work performed on the Lake Memorial Nursing Home was approved on motion of Commr. Hoskinson seconded by Commr. Windram and carried.

On motion of Commr. Hoskinson seconded by Commr. Windram and carried, the Board approved payment to Waterman Memorial Hospital in the sum of $111.85 for prisoner Tommy Williamson.

Statement from the Clerk of Circuit Court in the amount of $7,512.70 for Circuit Court work during the Fall Term was approved on motion of Commr. VanAuken seconded by Commr. Windram and carried.

The Board approved attorney’s fee for Edward R. Kirkland in the amount of $500.00 in criminal case #662, State vs. Arrington, on motion of Commr. Windram, seconded by Commr. Hoskinson and carried.

May expenses to the Lake County Chamber of Commerce for $2,083.33 were approved for payment on motion of Commr. VanAuken seconded by Commr. Hoskinson and carried.

On motion of Commr. Macdonell seconded by Commr. Hoskinson and carried, the Board approved architect’s fee of $100.00 to Louis C. George for his recommendation to fire proof the Old Health Department Building.  The Clerk was instructed to notify Jack R. Jones, Architect, the Board is seeking additional architectural information on the building.

On motion of Commr. VanAuken seconded by Commr. Macdonell and carried, the following vouchers were approved for payment:

General Revenue Fund

Nos. 1400 – 1623

Mosquito Control – State I

                                 State II

32 - 36

Auto Inspection Fund

54 – 58

Fine and Forfeiture Fund

152 – 173

Road and Bridge Fund

142 – 164

Capital Outlay Reserve

  County Home

  Health Clinic

 

2

4 – 6

Northeast Lake County Hospital

  Ambulance Fund

11

Northwest Lake County Hospital

  Ambulance Fund

11

 

funds transfers

On motion of Commr. VanAuken seconded by Commr. Windram and carried, the Board approved the transfer of $35.00 in the Nursing Home budget from Account #56620 to Account #86682, to cover the purchase of a blender.

funds – general

On recommendation of Commr. Windram, the Clerk was directed to furnish monthly statements of bank balances in all County funds.

There being no further business to bring before the Board, the meeting adjourned at 4:50 o’clock P.M.

 

___________________________________                                                                                                                                                  ______________________________

CLERK                                                                                                                                                                                                           CHAIRMAN