MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS

 TUESday – FEBRUARY 16, 1971

The Board of County Commissioners of Lake County, Florida, convened in regular session in the Commissioners’ Room in the Courthouse, Tavares, Florida, on Tuesday, February 16, 1971, at 9:00 a.m. with the following members present:  J. M. Hoskinson,  Chairman;  James R. Carson, Jr.; C. A. Deems,  Thomas J. Windram and Kenneth VanAuken.  Others in attendance were: Christopher C. Ford, County Attorney; James C. Watkins, Planning Director; Frank E. Owens, Clerk of the Circuit Court; and Deputy Clerk Norma H. Coven.

The meeting was called to order by the Chairman, and the invocation was given by Mr. Deems and the Pledge of Allegiance to the Flag was recited.

county employees

On recommendation of the Pollution Control Board and on motion of Commr. Carson, seconded by Commr. Windram and carried, the Board approved the employment of Philip R. Edwards as Pollution Control Officer effective as soon as Mr. Edwards is available and not later than April 1, 1971, at an annual salary of $16,000.00.

courthouse

Stan P. Siwy of Ace Drapery Cleaners appeared and presented written recommendations to clean and rehang the draperies in the Courthouse and Courthouse Annex.  The Board deferred action on this for other quotations.

complaints

Commr. VanAuken reported on his investigation of the drainage ditch in Yale Mobile Home Village and agreed with the complaining party that this is an unhealthy condition.  The ditch is for the purpose of draining a dairy pasture.  Have no recommendation at this time.

pollution board

On motion of Commr. Carson, seconded by Commr. VanAuken and carried, the Clerk was instructed to notify the Lake County Air and Water Pollution Control Board that it is the Board’s recommendation that the Acting Pollution Control Officer, or a member of the Pollution Control Board, attend all hearings held by the Planning and Zoning Commission concerning the zoning or rezoning of lands affected by the ecology and pollution changes.

Mr. Watkins recommended that the Planning and Zoning Commission be advised of the above action and that the Zoning Commission be requested to give careful consideration to ecology and pollution in future deliberations.

bids

It now being the time advertised to receive bids for the purchase of one new current model Crawler Type Tractor, the Chairman directed the Clerk to open and tabulate the bids; whereupon, Clerk Owens reported receiving the following bids:

Florida-Georgia Tractor Co., Inc.

$32,652.00

Jos. L. Rozier Machinery Co.

30,800.00

State Tractor & Equipment Co., Inc.

29,684.60

The bids were referred to Paul Milton, Mosquito Control Director, who later in the day recommended that the low bid of State Tractor, Co., Inc. be accepted; whereupon, on motion of Commr. Carson, seconded by Commr. Deems and carried the bid of State Tractor & equipment Co., Inc. was accepted as the lowest and best bid.

cemeteries

Chairman Hoskinson advised the Town of Astatula has requested help from the County to provide 32 to 35 loads of clay at the Astatula Cemetery, which is a non-profit cemetery maintained by the County.  On motion of Commr. Deems, seconded by Commr. VanAuken and carried, the Board approved for the Road and Bridge Department to furnish the necessary clay.

roads – county

On motion of Commr. Windram, seconded by Commr. Deems and carried, the Engineer was instructed to notify Tommy Merrill that the County will maintain Bottom Road in Umatilla, after same has been constructed to County standards.

On motion of Commr. Windram, seconded by Commr. Carson and carried, a Resolution was adopted requesting the Department of Transportation to rebuild the bridge on the Bronson Road (County #3-1038) over the Monte Vista Canal, and pay the cost of same from Lake County’s Secondary Road Funds.

Commr. Windram suggested that the Board work out a procedure to assist the towns and cities with a street maintenance program, using the funds that are in trust with the Department of Transportation.  Commr. Carson said the County has tried to get the funds released, but the Department will only release the funds to the County’s Secondary Road Fund.

roads – state

Chairman Hoskinson announced that the Board will meet informally with Al Davis of the Department of Transportation on February 22, 1971 at 10:00 o’clock A.M. to discuss the County’s road problems.  The Clerk was instructed to notify the cities and towns to present written road requests to the Board on March 1, 1971.

Commr. Carson recommended that the Department of Transportation be requested to make a traffic survey of the intersection of SR 44 and SR 500 approximately four miles East of Leesburg for the purpose of constructing acceleration lanes.  No action was taken by the Board, but the members agreed to discuss this with Mr. Davis.

On recommendation of the Chairman, the Engineering Department was requested to determine the cost of Reflector buttons to be installed in the center of Lakeshore Drive (Tavares to Eustis) at its intersection with SR 500.

The Clerk submitted a letter from the Department of Transportation advising that Hazelton Avenue in Eustis was officially deleted from the State Secondary System and any further maintenance is the responsibility of Lake County.

Copy of letter from the City of Leesburg to the Department of Transportation that the installation of a traffic light at the intersection of SR 25/500 and SR S-466A needs further checking as to supporting pole for the traffic signal, was read and filed.

roads – county

On motion of Commr. Windram, seconded by Commr. Carson and carried, the Board approved the following road construction:

Road    #1-6006 (Poinsettia) – Contract resurfacing

            #2-3215 (Hollandale) – Clay 400’ extension at owners’ expense

            #2-2831 (Orange Blossom) – Obtain right of way, rebuild and maintain

            #3 -3045 (Georgia Ave., Astatula) Maintain

            #4-4484 (Church Street) Clay base and double surface treatment, completes loop

            #4-4298 (Wekiva) After subdivision roads are paved to County standards, the County will pave access road South of SR 46.

            #5-9786 (Astor Forest Campsite Rd.) Maintain

            #5-6860 & 6861 (Third St., Azalea and Oak St., Dona Vista Loop) Resurface provided the property owners pay one-half of                      cost

            #3-4177 (Lake Franklin) Accept subject to proper drainage easement.

 

Letter from Mrs. Grace S. Schrup regarding the condition of road leading to her home in Mount Plymouth was referred to Commr. Windram.

road closings

A petition to close a portion of Sylvan Point Drive in Sylvan Shores Point was accepted on motion of Commr. Carson, seconded by Commr. Windram and carried, and a public hearing to consider same was authorized for March 15, 1971.

road and bridge department

On motion of Commr. Windram, seconded by Commr. VanAuken and carried, the Road and Bridge Department was authorized to rebuild Davison Lane in Green Cove Subdivision to 16’ right of way, after the owners pay into the Road and Bridge Fund $210.22, approximate cost of the improvements.

recess and reassembly

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

law library

Mr. Carson reported as the Commission’s representative on the Law Library Board that the Library Board will be in a deficient position in April and is asking the Commission to supplement its income for the remainder of the present fiscal year in order to maintain the Library.  Supplement not to exceed $1500.00 to be paid to the Trustees of the Library Board as requested, was approved on motion of Commr. Carson, seconded by Commr. Windram and carried.

public health

On recommendation of the Mosquito Control Director, the Board approved lease agreements with the owners of two properties located in the Bassville Park area to be used as dump sites, said agreements to be for $1.00 per year with five year options.  Also, location in the Okahumpka area was approved on the same basis.

Complaint by L. W. Conner of Bassville Park of residents in the area using a pond as a dump site was referred to the Mosquito Control Director.

planning and zoning

On recommendation of the Planning and Zoning Commission and on motion of Commr. Carson, seconded by Commr. Deems and carried, a Resolution was adopted altering and amending the Zoning Rules and Regulations as they pertain to the following described tracts of land, to the classification designated after each description:

1.           Section 22, Twp. 19 South, Range 26 East:  The East 450 feet of the North ½ of the SE ¼ of the NE ¼, LESS the East 33 feet thereof for road and less the most Southerly 350 feet thereof.

 

From R-1 (Residential) to C-3 (Light Industrial)

 

Also, included in the above action, the Board approved the withdrawal by the applicant of Zoning Case #71-70-2; the postponement by the Planning and Zoning Commission of Zoning Case #1-71-3 to the April 29, 1971 hearing of the Planning and Zoning Commission; and approved Conditional Use Permits #232-2 and #228-1.

J. C. Watkins, Planning Director, advised the Town of Howey in the Hills has adopted an Ordinance accepting the County’s Building Regulations and requests that the Lake County Planning Department handle all building permits and inspections in the Town of Howey.  The offer was accepted on motion of Commr. Carson, seconded by Commr. Deems and carried, that Lake County enter into an agreement with the Town of Howey to handle all building permits and inspections within the Town, with the revenue from same going into the General Revenue Fund.

Mr. Watkins discussed with the Board a proposal to employ Schweizer Associates as consulting planner of the Environmental Design Group to work with the Planning Department on a septic tank plan, including housing and land use characteristics, under P-121-G Federal and State Project.  Cost of the work will be $7,550.00 to be paid from State and Federal Funds.  On motion of Commr. Carson, seconded by Commr. Windram and carried, the Board agreed to employ Schweizer Associates as a consultant to the Planning Department, with the expenses of same to be paid by State and Federal funds.

Mr. Watkins and Peter Rhodes, Project Director on the Oklawaha River Comprehensive Basin Study, discussed with the Board a change in the Federal Guidelines for construction money for sewer and water facilities that require a pollution abatement program.  For an additional $15,000 both Septic Tank Study and the Oklawaha Basin Study could be amended to satisfy the new requirements.  Mr. Watkins and Mr. Rhodes were instructed to present this information to the municipalities and private enterprises and ask for participation in the program to offset the additional cost.

suits affecting the county

Attorney Ford advised Judge Smith denied the motion to dismiss the entire suit in the case Britzius vs Lake County, but granted the motion dismissing the action against the Commissioners as individuals, but allowing it to stand against Lake County.  Mr. Ford said it is his opinion this is a proper County suit and the County should defend same.

laws and legislature

Bill Ward representing the Florida Power Corporation appeared regarding the local bill concerning a utility tax.  Mr. Ward said he feels the bill is discriminatory , and does not believe the County Board can impose a tax on another governmental agency.  Attorney Ford was instructed to confer with the attorneys for the Cities of Leesburg and Mount Dora and Sumter Electric Coop., Inc. concerning the bill.

A proposed special act recreating the office of Prosecuting Attorney for Lake County as prepared by John C. Williams, Jr. was referred to the County Attorney for review.

A letter from J. G. Melvin, State Representative from Fort Walton Beach, was read and filed concerning the necessity for clarification of Chapter 253 and other laws relating to docks, bulkheads and erosion problems.

hospitals

On motion of Commr. Windram, seconded by Commr. Deems and carried the action of the Chairman and Clerk in approving applications to the W. T. Edwards Tuberculosis Hospital for the following was approved:

                        Steve Neahmi Holt

                        Simmie Lee Kitchen

 

public health

Clerk Owens presented copy of a letter addressed to Commr. VanAuken from Dr. Hall relative to the construction of a County Health Unit in Eustis, advising that for the first time the Federal Government will match the County’s contribution dollar for dollar.  Commr. Windram informed the Board, the City of Eustis is considering a land site.

licenses and permits

Notice from the State Department of Health and Rehabilitative Services was read advising that the deadline for submitting executed copies of the County’s “Application for Permit to Operate Water Pollution Sources” and “Procedure for Obtaining Permits” pertaining to the Lake County Courthouse sewage treatment plant, is March 2, 1971, whereupon the Chairman and Engineer were authorized to execute the documents when completed by the Engineer.

On motion of Commr. Carson, seconded by Commr. Deems and carried, the following Use Permits as approved by the County Engineer were approved:

No. 254 to Florida Telephone Corp. for the construction and maintenance of buried cable paralleling County Rd. #4-5771 between Eustis City Limits and SR 44-A.

 

No. 255 to Florida Telephone corp. for the construction and maintenance of buried cable paralleling County Rod. #4-5869 between County Rd. #4-5968 and SR 44-A.

 

No. 256 to Florida Telephone Corp. for the construction and maintenance of buried cable paralleling County Rd. #4-5766 Northeast of Eustis.

 

No. 257 to Florida Telephone Corp. for the construction and maintenance of buried cable paralleling County Rd. #4-5767 Northeast of Eustis.

 

No. 258 to Florida Telephone Corp. For the construction and maintenance of buried cable paralleling County Rd. #4-5869 and SR S-44-A.

 

No. 262 to Florida Telephone Corp. for the construction and maintenance of buried cable paralleling County Rd. #2-3024 between Howey and Yalaha.

 

To Florida Power Corp. for the construction and maintenance of a wood pole line paralleling County Rd. #5-7837 between Eustis and Weirsdale.

 

To Florida Power Corp. for the construction and maintenance of a power line paralleling County Road. #5-7939 between Eustis and Weirsdale.

 

resolutions not classified elsewhere

On motion of Commr. VanAuken, seconded by Commr. Carson and carried, a Resolution was adopted designating the area along the Dora Canal under public control a wilderness area and that same be named the Dora Canal Wilderness Park.

planning and zoning

Letter of recommendation from the Ecolocrisis of Lake Sumter Community College was read proposing a new zoning classification termed “Ecologically Valuable.”  The Clerk was instructed to notify the Society that the Board is requesting the Acting Pollution Control Officer or a member of the Pollution Control Board to attend all hearings held by the Planning and Zoning Commission concerning zoning or rezoning of lands, in order for the Pollution Board to be in a better position to make recommendations regarding ecology and pollution changes affected by the zoning or rezoning.  The Board further recommended to the Planning and Zoning Commission that careful consideration be given to ecology and pollution in future deliberations.

roads – subdivisions

With reference to petition from the residents of Tropical Shores and Venetian Park Improvement Association, the Chairman recommended that he notify them the streets in the subdivisions will not be maintained by the County until the streets are brought up to County standards at the expense of the property owners.

bonds – miscellaneous

On motion of Commr. Carson, seconded by Commr. Deems and carried the following contractors’ bonds for Certificates of Competency were approved:

No.         566 – Richard P. Angell

              567 – Lemuel E. Conway d/b/a Conway Tile & Marble

              568 – Oscar Smallwood

              569 – Marcus Evans

              472 – Wayne N. Phelps d/b/a Phelps Awning Co. (Cancel)

 

county property

The Clerk informed the Board the Kiwanis Club of Tavares has requested use of the County parking lot next to the Masonic Building on Main Street to hold a White Elephant Sale on March 13, 1971 and same was approved by the Board.

county employees

On motion of Commr. VanAuken, seconded by Commr. Carson and carried, the Board approved extending employment of Thelma Kilgore, part-time help in the Veterans Service Office through May 31, 1971.

deeds

Right of way deed conveying the following described property to Lake County was accepted on motion of Commr. Windram, seconded by Commr. VanAuken and carried, and same was ordered recorded upon the public records:

GRANTORS:    George E. McFetridge Heirs, Dorie Hostettler and Marion M. Williams

 

THE NORTH 25 FEET OF:  The Northwest ¼ of the southeast ¼ of Sec. 14, Twp. 19 South, Range 26 East.

 

accounts allowed

Statement from Louis C. George for Architect’s fee on the heating system in the Multi- Purpose Building at the Fairgrounds in the sum of $125.00 was approved on motion of Commr. Carson, seconded by Commr. Deems and carried; also statement from True Temp, Inc., in the contract amount of $5,122.00 for the heating system was approved.

Emergency repairs to the hot water line at the Agricultural Center in the amount of $135.00 were approved on motion of Commr. Windram, seconded by Commr. Carson and carried.

communications

Memorandum from the State Department of Health and Rehabilitation Services urging the counties and municipalities to enter into a program to upgrade waste water treatment facilities to keep pace with the rapid growth of the State was referred to the Planning Department.

Letter from Blanton’s Hilltop Nursery, Inc. expressing appreciation to the Extension Agents for the Freeze Profile Analysis was read and filed.

Letter from Alden G. Stone together with his most recent write-up of the status of the Florida Trail were filed.

Letter from Mr. and Mrs. George Hall, Star Route, Deland, regarding the “Keep it Clean” editorial in the Orlando Sentinel was read and filed.

reports

Report from the Welfare Director for the month of January was filed.

There being no further business to bring before the Board, the meeting adjourned at 3:45 p.m.

 

 

_________________________________                                                                              _____________________________

CLERK                                                                                                                                   chairman