MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS
MONDAY – NOVEMBER 16, 1970
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 16, 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 Christopher C. Ford, County Engineer Robert H. Norton, Clerk of Circuit Court Frank E. Owens and Deputy Clerk Norma H. Coven.
Chairman Carson called the meeting to order and the invocation was delivered by Commr. VanAuken, after which the Pledge of Allegiance to the Flag was recited.
water pollution
Commr. Macdonell reported he went to Lakeland and viewed the hyacinth harvesting machine in action and was very impressed. There were quite a number of County Commissioners from other counties and representatives from other State and County agencies. Mr. Macdonell again recommended that the Board take action to buy the used machine from Winter Park. Attorney Ford said it is his opinion the Board could use the Fish Conservation Fund for this purpose, but feels the Board should have the approval of the Game and Fresh Water Fish Commission.
county buildings
Commr. Hoskinson reported the Courthouse Custodian is cleaning up the Old Health Department Building and will do the inside painting. After this is completed, it will be necessary to get a carpenter to make the other adjustments and repairs. It is necessary that we find a place to store the commodities that are now in this building.
On motion of Commr. Windram seconded by Commr. VanAuken and carried, the Engineer was instructed to remove the temporary addition to the Supervisor’s Office from the Courthouse lobby.
public health
Commr. Windram informed the Board the cities involved in the operation of the Tri City Landfill are interested in turning the operation over to the County only if we can guarantee property for their use when this site is filled. Otherwise do not believe we can negotiate with them.
road and bridge department
Commr. VanAuken advised Golden Gem Growers are interested in purchasing 50 loads of over-burden from the Altoona pit. County Engineer Norton said it would be an accommodation to the County at this time to get rid of the overburden, but we may need the material at a later date. Commr. VanAuken was instructed to notify Golden Gem to get in touch with Wagner Grading and Excavating.
licenses and permits
Mr. John Dishong, Jr. appeared representing Tamiami Trailways and requested the Board’s approval of application to the Florida Public Service Commission to operate six (6) buses a day through this area. F. C. Pate, Wallace Sturgis and Bob Hardesty appeared and opposed the request. On motion of Commr. Macdonell seconded by Commr. VanAuken and carried, a Resolution was adopted endorsing the application without prejudice to the other bus lines operating in this area. Commrs. Hoskinson and Windram voted against the motion.
On motion of Commr. VanAuken seconded by Commr. Hoskinson and carried, the following Use Permits were approved:
To the City of Eustis for construction and maintenance of water main along portions of County Roads #4-5771 and 4-5869 between County Road #4-5771 and #4-5968.
The Florida Telephone Corp. for the construction and maintenance of buried cable crossing access road to Lake County Fairgrounds between SR 452-A and the Fairgrounds. (No. 243)
To Florida Telephone Corp. for the construction and maintenance of buried cable paralleling and crossing a portion of County Road #5-5437 between Lisbon and Haines Creek. (No. 245)
To Florida Telephone Corp. for the construction and maintenance of buried cable paralleling and crossing County Road #3-0527 between SR 561 and SR 33. (No. 246)
road closings
It now being the time advertised to hold a public hearing to consider a petition to close platted streets in Lake Saunders Subdivision and Hallen’s Subdivision and no one appeared to object to the closing, a motion was made by Commr. Macdonell seconded by Commr. VanAuken and carried, that the Board adopt a Resolution closing the following described streets:
In Lake Saunders Subdivision, a Plat of which is filed and recorded in the Public Records of Lake County, Florida, in Plat Book 4, Page 30, that part of Lantana Street, lying between the East boundary of Section 22, Township 19 South, Range 26 East, extending Westerly to the Southerly boundary of SR 500 (U.S. 441).
That part of Tioga Avenue lying Easterly of the following described line: Commence at the Northwest corner of Lot 8, according to the Plat of Hallen’s Subdivision, and run thence Northeasterly along the Southern boundary of Tioga Avenue for a distance of 20’ for the point of beginning for this line, thence run Northwesterly at right angles to the South boundary of Tioga Avenue to the Northerly boundary of Tioga Avenue, as recorded in Plat Book 6, page 20.
It now being the time advertised to hold a public hearing to consider a petition to close a platted street in Groveland Farms and no one appeared to object to the closing, a Resolution was adopted closing the following described street on motion of Commr. Hoskinson seconded by Commr. Windram and carried:
That certain purported Groveland Farms Roadway as delineated on Plat of Groveland Farms as recorded in Plat Book 2, pages 10 and 11, public records of Lake County, Florida, more particularly described as follows, to-wit: “Begin at the Northwest corner of Tract 37, in Section 31, Township 22 South, Range 25 East, according to Plat of Groveland Farms, as recorded in Plat Book 2, Pages 10 and 11, public records of Lake County, Florida; thence run South 260 feet to intersect the Easterly right of way line of State Road No. 33; Begin again at the Northwest corner of said Tract 37, said Groveland Farms Plat, thence run West 24 feet to the West line of roadway delineated on Plat of Groveland Farms, thence South along the West line of said delineated roadway to intersect with the Easterly right of way line of State Road No. 33; thence Southeasterly along said Easterly right of way line of said State Road 33 to intersect line first above described.
recess and reassembly
The meeting recessed for lunch at twelve o’clock noon and reconvened at 1:30 o’clock P.M. to take up the remaining items of business.
complaints
C. H. Meadows, Fred Bennett and Mr. Knight appeared representing Tropical Shores Association relative to assistance in clearing lots on Blanton Lane owned by Macasphalt Corp. of Lakeland. Attorney Ford advised the Health Department has the authority to declare the area unhealthy. Commr. Hoskinson offered to contact the owners concerning the problem.
Letter of complaint from George E. Smith, Jr. regarding a drainage problem on County Road 3-1944 was referred to the County Engineer.
roads – state
Chairman Carson presented notice from the Department of Transportation that construction of Bates Avenue in Eustis from Bay Street to Grove Street is complete and is returned to the County for maintenance. On motion of Commr Windram seconded by Commr. Hoskinson and carried, the Clerk was instructed to notify the City of Eustis that Bates Avenue is turned over to the City for maintenance.
planning and zoning
On recommendation of the Planning Director, the Attorney was instructed to draft a contract concerning the services of the Planning Director for municipal use.
On motion of Commr. Windram seconded by Commr. Hoskinson and carried, Mr. Watkins was authorized to interview applicants for the position of Associate Planner at a salary not to exceed $10,000 and present recommendations to the Board for approval.
On recommendation of the Planning and Zoning Commission and on motion of Commr. Hoskinson seconded by Commr. Windram and carried, a Resolution was adopted that the Zoning Rules and Regulations be altered and amended as they pertain to the following described tracts of land to the Classification designated after each description.
1. Legal Description:
Section 17, Township 22 south, Range 25 East, North ½ of the SW ¼ of the SE ¼ less the South 60 feet of the West 190 feet. (Approximately 20 acres).
Change in Zoning Classification: The Zoning Classification was A-1 (Agricultural and Rural Enterprise), and is hereby changed to R-3 (Mobile Home Park).
2. Legal Description:
Section 13, Township 19 South, Range 25 East. Begin 1,365.60 feet North and 1910 feet East of SW corner on East boundary of Palm Lane for Point of Beginning. From this point run North 320 feet East, 240 feet South, 320 feet West, 240 feet to the point of beginning. Also: Begin 1715.60 feet North and 1760 feet East of SW corner, on North boundary of Willow Avenue for Point of Beginning, from this point run North 200 feet, East 255 feet to West boundary Coronado Road; South 200 feet West, 255 feet to Point of Beginning. (Approximately 3 acres)
Change in Zoning Classification: The Zoning Classification was R-1 (Rural Residential) and is hereby changed to R-3 (Mobile Home Park).
3. Legal Description:
Section 36, Township 21, Range 25, the NE ¼ of the NW ¼. (Approximately 40 acres)
Change in Zoning Classification: The Zoning Classification was A (Agricultural and Rural Enterprise), and is hereby changed to M-1 (Industrial).
4. Legal Description:
Section 16, Township 19, Range 25. From the NW corner of Lot 2 of Block 32 of the Resubdivision of the subdivision of Silver Lake Est., according to Plat thereof recorded in Plat Book 10, pages 66 to 69, inclusive, run thence East 293.20 ft.; thence run South 23 degrees, 28’30” East 185.67 feet to POB; run thence North 23 degrees 28’30” West 61.89 ft.; run thence South 76 degrees West 355 feet more or less, to West line of Lot 1 of said Block 32, run thence South 0 degrees 31’30” West 99.65 ft.; run thence Northeasterly to POB. (Approximately ¾ acre)
Change in Zoning Classification: The Zoning Classification was R-1-A (Rural Residential), and is hereby changed to A (Agricultural Rural Enterprises)
Also, approved in the above motion were Conditional Use Permits No. 208-3 and No. 211-3; and Rezoning Case Number 63-70-1 and 67-70-4 were postponed indefinitely. Conditional Use Permit No. 205-3 was called for hearing and the Chairman called for interested persons to be heard.
The following persons appeared and objected to the permit:
Elizabeth S. Magliola
Dorothy M. Shields
Inez S. Way
Mary E. Verhagan
Jefferson G. Ray, III, Attorney, appeared representing the applicant.
Others who appeared neither in support nor against the permit were Mrs. Bess Cadwell and L. A. Davison.
Commr. Hoskinson moved for denial of the permit and the motion was seconded by Commr. Windram. Chairman Carson called for a roll call vote, with members of the Board voting as follows:
Commissioner Macdonell No
Commissioner Hoskinson Yes
Commissioner Windram Yes
Commissioner VanAuken No
Chairman Carson No
The Chairman declared the motion failed to carry.
Commr. Macdonell moved for approval of the permit, and the motion was seconded by Commr. VanAuken. Chairman Carson called for a roll call vote, with members of the Board voting as follows:
Commissioner Macdonell Yes
Commissioner Hoskinson No
Commissioner Windram No
Commissioner VanAuken Yes
Chairman Carson Yes
The Chairman declared the motion carried.
Rezoning Case No. 65-70-1 was called for hearing and the Chairman called for interested persons to be heard.
Jack Trosper appeared in support of the rezoning.
On motion of Commr. Macdonell, seconded by Commr Windram and carried, the Board denied the permit and upheld the action of the Planning and Zoning Commission.
On motion of Commr. Hoskinson seconded by Commr. Windram and carried, a Resolution was adopted expressing the Board’s thanks and admiration to L. E. “Gene” Brown for his guidance, advice and legal services while serving as attorney for the Lake County Planning and Zoning Commission.
E. Central Florida Regional Planning Council
On motion of Commr. Windram seconded by Commr. Hoskinson and carried, a Resolution was adopted extending the Boards’ gratitude to Philip D. Conant for his time and service as a member of the East Central Florida Regional Planning Council.
bids
On motion of Commr. Macdonell seconded by Commr. VanAuken and carried, bids were authorized for the purchase of a new motor grader to be received December 21, 1970.
appointments
Attorney Ford advised the Constitution prohibits a present member of the Board of County Commissioners from serving on the Pollution Control Board.
On motion of Commr. Windram seconded by Commr. VanAuken and carried, Guilford T. Sims was appointed as a member of the Lake County Pollution Control Board effective immediately.
On motion of Commr. Hoskinson seconded by Commr. Windram and carried, a Resolution was adopted extending the Boards’ thanks and gratitude to William H. West for his faithful service as a member of the Lake County Air and Water Pollution Control Board and extend to him their wish for his continued success.
elections – general
Report and Certificate of the County Canvassing Board for the General Election were filed.
Requests from the City of Fruitland Park and the City of Mount Dora for the use of voting machines in city elections were approved on motion of Commr. Hoskinson seconded by Commr. VanAuken and carried.
inventory
Disposition of the following inventory items under the control of the Mosquito Control Director was approved on motion of Commr. Windram seconded by Commr. VanAuken and carried:
Items to be disposed of:
Property No. 2164 Post Office Scales
2173 Yazoo Mower
2203 Ajax floor jack
2210 ½” Electric Drill
2223 Weatherhead service kit
2288 Portable lubricator
3309 Detecto baby scales
3312 Wicker table
3368 Regulator tester
2117 Arc Welder
2319 Fire extinguisher
2410 Water cooler
2413 Binks air pressure regulator
2438 Fire extinguisher
2458 Small sand blaster
2234 Fire extinguisher
3827 Fan, stand type
2193 14 V Field generator
2382 Small table
2377 Acid bath tank
Items for storage or transfer to other County departments:
Property No. 2373 Wood arm chair
2369 Wood arm chair
2364 Wood arm chair
2366 Wood arm chair
2368 Wood arm chair
2374 Wood arm chair
2365 Wood arm chair
2367 Wood arm chair
3304 Wood straight chair
3305 Wood straight chair
4123 18 Large wood arm chairs
2277 Small folding typewriter table
2383 Small table
2222 Window type fan – without motor
3545 Wood desk
No number 3 metal straight chairs
Items to be sold at public sale:
Property No. 2447 Viking Superior L/P Gas Steam Boiler
Serial No. 3999, Size 20G50, two fire pot blowers
Minimum acceptable bid is $250.00.
2113 G.M.C. 3 ton capacity flatbed truck
Serial #27030847, 10 wheel military type
Needs repair. Minimum acceptable bid $250.00.
2407 24’ fiberglass rescue boat, engine worn out
Minimum acceptable bid $150.00.
Items to be cannibalized for parts:
Property No. 2446 Dorsey Van Semi-trailer
Wheels and undercarriage to be utilized in the construction
of a homemade equipment transport, for small bulldozers.
Van, upper portion to be placed on a suitable foundation and
used for additional storage area.
2320 Metal work table
2430 Clamshell bucket
2131 Pickup truck
2125 Pickup truck
2389 200 gal. capacity steel tank
Items to be leased to Bay Lake Volunteer Fire Dept.:
Property No. 2287 1,000 gal. capacity steel tank
2103 1943 Ford 1-1/2 ton flatbed truck
2148 800 gal. capacity steel tank
Items to be declared surplus and of no value:
Property No. 3326 John Bean tank and motor
(Pump left on inventory)
3327 John Bean tank
(Pump left on inventory)
tax delinquent
On recommendation of the Attorney and on motion of Commr. VanAuken seconded by Commr. Hokinson and carried, the Clerk was authorized to redeem 1970 Tax Sale Certificate No. 102 in the amount of $88.60.
suits affecting county
Attorney Ford advised that Diamond Auto Salvage Company has planted Australian Pines from three to four feet high and three to four feet apart. The County Forester advises he has seen the trees planted.
Attorney Ford reported on the hearing concerning the Dora Canal suit. He said technically the hearing was good. The Judge allowed all the evidence to be filed.
fire districts
Attorney Ford informed the Board that Florida Statutes do provide for the counties to establish fire districts, however, this action must be ratified by referendum or brought to the County’s attention by petition of the owners of the majority of the privately owned acreage. The Attorney was instructed to pursue this further.
communications
Notice from the Inaugural Committee of requirements for placing floats in the Inaugural Parade was read and filed.
accounts allowed
On motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, the Clerk was instructed to notify Kurfiss Funeral Home the Board will pay the usual fee of $200.00 for the burial of Eva Mae Wood, an indigent person, if no one claims the body within ten days.
On motion of Commr. Hoskinson seconded by Commr. Windram and carried, the Board approved the purchase of the following for the Pollution Control Board:
1 Orlando Clipper Board $456.50
1 50 HP Evinrude Motor 609.00
1 Rocket Boat Trailer 176.00
Travel expenses for Ted Wicks and C. W. Sheffield to attend monthly meeting of the State Department of Pollution Control in Tallahassee, November 18 and 19, 1970 were approved on motion of Commr. VanAuken seconded by Commr. Windram and carried.
On recommendation of the Chairman and on motion of Commr. Windram seconded by Commr. Hoskinson and carried, the Board approved rental of $75.00 per month to Roger Conner for rental of building to store surplus commodities on a month-to-month basis.
There being no further business to bring before the Board, the meeting adjourned at 5:15 o’clock P.M.
___________________________________ ______________________________
CLERK CHAIRMAN