MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS
tuesday – DECEMBER 14, 1971
The Board of County Commissioners convened in regular session in the Commissioners’ Room, in the Courthouse, Tavares, Florida, on Tuesday, December 14, 1971, at 9:00 o’clock in the forenoon, with the following members present: J. M. Hoskinson, Chairman; James R. Carson, Jr.; C. A. Deems; Thomas J. Windram; and Kenneth VanAuken. Others present were Frank E. Owens, Clerk of the Circuit Court; Bernice P. Conner, Deputy Clerk; Christopher C. Ford, County Attorney
The meeting was called to order by the Chairman, and the invocation delivered by Commr. Carson, after which the Pledge of Allegiance to the Flag was given.
With reference to the Minutes of the October 5th meeting under the heading “Public Health,” the Board suggested that the words “20 day extension” be deleted since the date of October 25th appears in the next paragraph. Under the heading “Roads – County,” it was suggested by the Board that a more specific description of the streets, such as width and length, be secured from the Engineer and added to the description. The same suggestion was made with reference to the description under the heading of “Subdivisions.”
In the minutes of October 12th, under “Accounts Allowed,” in the first paragraph, second line, the Board suggested that in lieu of the words “improvements to,” the words “removable counter for” be inserted therein.
On motion by Commr. Deems seconded by Commr. VanAuken and carried, the Minutes of October 5, 1971 and October 12, 1971, as amended, were approved.
Attorney Ford brought to the attention of the Board a request from the Pollution Control to allow the Southwest Florida Water Management District to spray the hyacinths in the Beauclaire Canal with a chemical called “Diquot.” They wish to use this chemical to assist mechanical harvesting of hyacinths which is facilitated when the weeds wilt. This chemical when used and controlled will not kill the hyacinths thereby making them sink to the bottom, but it will wilt them, which makes them feed more effectively into the mechanical harvester being used. Mr. Ed Zagar appeared before the Board and explained further about the chemical “Diquot” and how it works.
On motion of Commr. Windram seconded by Commr. Carson and carried, the Board granted permission to the Southwest Florida Management District to use the chemical “Diquot” to spray the hyacinths in the Beauclaire Canal and authorized Phil Edwards, Pollution Control Officer, to work with them on this project.
Ed Zagar of the Game & Fresh Water Fish Commission appeared before the Board with reference to a letter from Mr. Holmes of Florida Fish-n-Fun, Inc., an organization which is raising catfish and allowing people to fish for them. The catfish will also be harvested for human consumption. Mr. Holmes would like to have a letter of authorization from the Board to assume the responsibilities to seine for rough fish under the Agreement with Mr. Spence. Mr. Zagar brought out the fact that the people who were working under the Agreement have already gone to work for Mr. Holmes and that, therefore, Lake County’s seining net, dump truck and fish loading machine will be returned to the County at some time in the near future. Attorney Ford brought out the fact that the net, truck and fish loading machine should be declared surplus and that the County has no further use or purpose for it and advertise it for sale, with the right to reject any bid. He also suggested that as an alternate the County could sell their interest in this equipment to the Fish & Game Commission; have it appraised; and then the Fish & Game Commission could sell it. He said that this would basically be selling the equipment to the State of Florida. Mr. Zagar stated that he would take this up with the Fish & Game Commission.
On motion of Commr. Deems, seconded by Commr. Carson and carried, the Board adopted the plan as outlined in letter from Mr. Holmes to Ed Zagar and which has already been accepted by the Fish & Game Commission and agreed to the assignment of the Agreement to Florida Fish-n-Fun, Inc.
Mr. Watkins, Director of Planning, reported on his trip to Tallahassee with reference to the Emergency Employment Act. He stated that Lake County has been allocated money under this Act for the purpose of providing employment for as many as thirty people, with the County being required to provide only ten percent (10%) in matching funds which can be in-kind services. He stated that hiring can start at any time and that he hoped the Board would execute the Contracts with the Department of Commerce, so that unemployed people in Lake County can be put into County positions. He suggested that the Department Heads be contacted and sent an information format, to be sent back for the Board’s review, as to which jobs they want to consider first. He also suggested that unemployed persons be hired immediately if anyone knows of a position that needs to be filled. To qualify, a person must be unemployed for thirty days and must be a resident of the County for at least one day. For clerical purposes, Mr. Watkins stated that his Department should be in on all interviews of applicants for any position. He stated that he has had several calls from quasi-public agencies to put people on staffs. Clerk Owens read into the record a telegram from Lt. Governor Tom Adams, Secretary of Commerce, stating that Lake County has been allocated $121,400.00 under Section 6 of the Emergency Employment Act, in addition to the $44,000.00 already allocated under Section 5 of said Act. The County would initially pay these salaries and would then be reimbursed by the State or Federal Agency. Commr. Carson suggested that funds be transferred from the Contingency Fund for the payment of salaries under this Act.
On motion of Commr. Carson seconded by Commr. Deems and carried, the Board authorized and directed the Chairman and Clerk to sign the Contracts with the Department of Commerce; and further appointed Mr. Watkins to be the Program Agent.
On motion of Commr. Windram seconded by Commr. VanAuken and carried, the Board authorized and directed the Program Agent to start looking for unemployed persons to fill the following positions: Two Deputy Sheriffs under Section 5 of the Act; One Landfill Attendant; Clerk for the Finance Department to handle the additional paperwork necessary for the Program and a Clerk for the Planning Department to assist with the additional work that will be required to handle this Program.
roads – state
Chairman Hoskinson brought to the attention of the Board, a letter from A. A. Davis, District Transportation Planning Engineer, in which Mr. Davis requested the Board to execute a Memorandum of Agreement relating to Lake County’s participation in the cost of re-surfacing State Road 445 from State Road S-455 to State Road 19; fifty (50%) percent of said cost to be paid from Lake County Secondary Funds, and fifty (50%) percent to be paid from State Primary Funds. The letter also referred to the fact that Lake County passed a Resolution concerning this road some time back. On motion by Commr. VanAuken seconded by Commr. Carson and carried, the Board authorized and directed the Chairman and Clerk to execute the Memorandum Agreement with the Department of Transportation and directed the Clerk to forward the executed Agreement to the Department of Transportation with a copy of the Resolution above referred to, which Resolution was adopted by the Board on March 19, 1971.
A letter from the Department of Transportation was brought to the attention of the Board concerning the installation of a traffic signal at the Intersection of State Road 500-A and the Golden Triangle Shopping Center in Mount Dora. The letter requested four additional hand signed and sealed copies of the Resolution for the processing of this project. On motion of Commr. VanAuken, seconded by Commr. Windram and carried, the Board authorized and directed the Chairman and Clerk to execute four additional copies of the Resolution requesting the installation of such traffic signal.
It was brought to the attention of the Board that a letter had been received from Mr. C. A. Benedict, District Engineer, Department of Transportation in DeLand, with reference to project No. 11070-1510, Budget Item No. 512512, in which they requested a statement from the County as to whether or not the Project is in accord or in conflict with the County’s planning. After some discussion, Chairman Hoskinson left the Meeting in order to contact by phone a Member of the Department of Transportation. Vice-Chairman Windram assumed the Chairman’s seat.
After completing his phone call to the Department of Transportation in Deland, Chairman Hoskinson reported to the Board that before the Department of Transportation can proceed with any work on a federally aided highway, they must have a definite statement or letter that it is in accord with, or is not in conflict with, the County Road Planning Program. He reported that the Department of Transportation stated that they hope to do all of Highway 50 as a continuing Project and that possibly it could all be in construction at one time. On motion of Commr. Deems seconded by Commr. Carson and carried, the Board instructed the Clerk to write a letter of response to the Department of Transportation advising it that although Project No. 11070-1510, Budget Item No. 512512 does not conflict with the long range County plans, it is in conflict with what the County Commissioners have previously determined to be a proper order of priority for the projected local needs and that the Commissioners feel that the priorities as originally set, would more properly and adequately meet the needs of the County and local conditions.
county buildings and grounds
Al Ponds, County Road Superintendent, appeared before the Board representing the County Engineer and reported that Carl Smith had informed the Engineer that there was some minor work that needed to be done at the Fairgrounds, such as sub grading out a sidewalk, pouring concrete, and the re-establishing of the location of a gate and that Mr. Smith requests authority of the County to do this work. On motion of Commr. Windram seconded by Commr. VanAuken and carried, the above work was authorized and the Engineer was instructed to inform Carl Smith that the work had been authorized.
road maintenance – subdivisions
Peachtree Development Corp. has started building FHA houses on Pearl Drive in Oakland Park Subdivision and wants to know if the County would take over and maintain the streets in said Subdivision. The Board referred the matter to the County Engineer, instructing him to check the records and to inform the Peachtree Development Corp. what is needed before the County can take over and maintain the streets in said subdivision.
Mrs. Verna Eastwood, Welfare Director, appeared before the Board stating that she had just received the bills for last year’s admissions and if they were paid, it would leave only $6,000.00 in her current budget. After a lengthy discussion on where the money was coming from to pay $9,000.00 of last year’s hospital bills for admissions for indigent patients, on motion of Commr. Deems seconded by Commr. VanAuken and carried, the Board authorized the payment to Orange Memorial Hospital of last year’s bills for indigent patients, since the said Hospital is a non-tax receiving institution located outside of Lake County.
The Board approved the following change to the present indigent list:
District No. 5 – Add Warren Hanna - $20.00
The City of Eustis has made a request that the Board of County Commissioners meet with them to discuss some of the problems of the City and County, specifically concerning garbage and landfill areas. The Board set the date of December 28th as a tentative date, said meeting to be held in the Commissioners’ Room, and instructed Commr. Windram to check with the City of Eustis to see if that date was satisfactory with them.
The Clerk presented to the Board Audit Report No. 7641 of Accounts and Records of the Board for the Fiscal Year ending September 30, 1970, which Report he had just received from the State Auditor General. The Board ordered the report filed for record in the Minutes of the Board.
There was a lengthy discussion by the Board with reference to comparisons of commercial laundry costs for the Nursing Home in Leesburg, which included the furnishing of sheets against the washing of the Home’s own sheets at commercial laundries. On motion by Commr. Deems seconded by Commr. Windram and carried, the Board declared the current County Nursing Home sheet supply as surplus and authorized and directed the Clerk to advertise for Bids to be opened at the meeting of January 4, 1972, at 10:00 a.m.
Commr. Windram brought to the Board’s attention that a Mr. Aiken came to see him at Tom Chapman’s suggestion about setting up a position for Civil Defense Communication Coordinator. On motion of Commr. VanAuken seconded by Commr. Deems and carried, the Board directed the Clerk to write a letter to Mr. Chapman with a copy to Mr. Aiken, informing him that the Board took no action on this request and telling him that the request should be set up in the next Budget Hearing.
bonds – miscellaneous
On motion by Commr. Windram seconded by Commr. VanAuken and carried, Firearms Bonds for James W. Willis and John Tork were approved.
On motion by Commr. Carson, seconded by Commr. VanAuken and carried, the Board cancelled Firearms Bond for Conley W. Fisher, on a Rohn Gmbh, 38 caliber, numbered FF 28217 and approved Firearms Bond for Conley W. Fisher on a Miroku, 28 caliber, numbered 7241.
On motion by Commr. Carson seconded by Commr. VanAuken and carried, Bonds for contractors for Certificates of Competency, and one renewal, were approved for the following:
New - #671 - Quinton Downing, dba Quinton’s Aluminum
Renew - #114 - James H. Snell
It now being the time advertised to consider a Petition to close portions of platted streets and avenues in Mountainview Subdivision and no one having appeared to object to the closing of said portions of streets and avenues, and Mr. Morton Aulls having appeared before the Board in support of the closing of said portions of streets and avenues, representing the owners of the property abutting said streets and avenues; the Board referred the matter to the County Engineer for checking and recommendations to the Board.
recess and reassembly
The meeting recessed at noon for lunch and reconvened at 1:40 P.M., to take up the remaining items of business.
It now being time for the third and final reading of a proposed Ordinance setting forth Zoning Regulations for Lake County, the Chairman called for comments from the audience. Larry Taylor and George Smallwood appeared before the Board in opposition to the amendment to the Ordinance which reads: “off-site signs shall be permitted for identification and directional purposes only.” Mr. Taylor pointed out to the Board that the Law had not been complied with as to the advertising of the Amendment for two weeks before the third reading. Mr. Smallwood pointed out to the Board that Lake County has the most restrictive billboard regulations now without the added amendment. The Board stated that its purpose in adopting the Amendment was to eliminate junk advertising signs from the highways while not restricting local business from having identification and directional signs. After a lengthy discussion on the subject on motion by Commr. VanAuken seconded by Commr. Carson and carried, the Board rescinded the Amendment as to offsite signs being permitted for identification and directional purposes only and confirmed the other Sections on that page of the Zoning Ordinance. Mr. Watkins stated that his Department is working on a model ordinance on billboards and that he hoped to have it ready for review at the first meeting in January of 1972. The Board suggested to Mr. Watkins that he contact Mr. Smallwood and others in the sign business for the purpose of consulting with them in the preparation of the preliminary draft of said model ordinance.
On motion of Commr. Windram seconded by Commr. Carson and carried, the proposed Zoning Ordinance was placed on third reading by title only, same being as follows:
TITLE AND JURISDICTION
This ordinance shall be known as the Zoning Regulations of Lake County, Florida, and shall apply to all unincorporated areas of Lake County. The regulations herein established shall be construed to be minimum requirements; these regulations may also apply to any municipality in Lake County that elects to use them.
ENACTMENT AND AUTHORITY
The Board of County Commissioners of Lake County, Florida, pursuant to authority granted under Chapters 57-1486, 61-2374 and 65-1783, Special Acts, State of Florida and Chapter 59-578, Florida Statutes and the Constitutional Laws of the State of Florida, ordain that the following article and sections and appendices be, and the same is, hereby adopted.
PURPOSE AND INTENT
It is the purpose of these regulations to promote, protect and improve the public health, safety, comfort, convenience, prosperity and general welfare of the citizens of Lake County, Florida; similarly it is the intent of the regulations to establish standards of development which will encourage the sound economic utilization of the land and the creation of a healthful living environment.
On motion by Commr. Deems seconded by Commr. Windram and carried, the Ordinance was adopted on the third and final reading.
suits affecting lake county
With reference to the Suit of Britzuis vs. Lake County, Attorney Ford informed the Board that Britzuis had made an offer of settlement. He wants the County to pay him $4,000.00 and give him a Deed for all of the land owned by the County and contained within the fence around their pasture. On motion by Commr. Windram seconded by Commr. Deems and carried, the Board rejected the offer of settlement made by Britzuis.
With reference to the Grant Condemnation Suit, Parcel No. 102, Dunlaps, in which Case the Jury returned a Verdict of $12,500.00 for the Dunlaps, Attorney Ford informed the Board that he had discussed this matter with Attorney Walter McLin who represents the Dunlaps. He stated to the Board that the Dunlaps would be willing to drop the case if the Board would pay them the sum of $15,000.00 net to them, plus the sum of $900.00 for expert witness and attorney’s fees, in return for their agreement not to appeal the Verdict and their execution of a Deed to Lake County. Attorney Ford recommended to the Board that they accept this offer as an Appeal would cost far more than the above amounts. On motion of Commr. Deems seconded by Commr. VanAuken and carried, the Board accepted the recommendation of Attorney Ford as stated above and authorized and directed Attorney Ford to make this settlement with the Dunlaps.
There was a lengthy discussion with reference to landfill dump sites. One suggestion made by Commr. Windram was the County and City dump sites could be pooled and that the County and Cities could share operating expenses. He also suggested that the County could split the revenue with Clermont since Clermont owns all the land or the entire revenue could go back to the City. There was a suggestion by Commr. Deems that Chairman Hoskinson confer with the Officials of the City of Clermont and that he inform them that the County will maintain their dump and when it is filled, give them back the land and furnish them with a new dump site, but that the same charges will be made to Clermont as it is the same deal the County will be making with Tri-City. Commr. Windram offered to prepare two or three plans with reference to landfill dump sites, both for the Cities and the County. There was also some discussion with reference to garbage franchises and whether the County should assign territories or leave it wide open for anyone.
Letter from U. S. Department of the Interior, Geological Survey with reference to “Hydrologic Records for Lake County, Florida: 1970-71” was referred to Mr. Watkins, Planning Director.
Letter from the State Department of Air & Water Pollution Control with reference to car burning was referred to Mr. Harpster, County Engineer and Mr. Edwards, Pollution Control Officer.
Letter from State Department of Natural Resources, regarding aquatic plant research and control was referred to the Pollution Control Officer.
Letter from the Kiwanis Club of Groveland endorsing the Palatlakaha Watershed Project and requesting the Board’s support of same was read into the record.
Letter and Resolution from Robert E. Pierce, with reference to funding the Public Defenders’ system. The Board instructed the Clerk to send to Robert E. Pierce a copy of the Resolution adopted by the Board on October 19, 1971, Re: this matter.
Letter from Edward M. Jackson, Attorney, relative to a drainage problem on property owned by Mrs. Osa D. Prine, West of State Road 44, was referred to the County Engineer.
The following reports were filed with the Board:
a. Report of inspection of the County Jail.
b. Lake County Welfare Report through November 30, 1971.
On motion of Commr. Deems seconded by Commr. Carson and carried, the Board authorized the purchase of four GE Master Deluxe Radios, two for the Road & Bridge Department and two for the Planning Department, for the sum of $338.00 each, or a total of $1,552.00, not to include installation.
On motion of Commr. Deems seconded by Commr. Windram and carried, the Board authorized payment of charges in connection with a change in the layout of telephones in the Traffic Division Office and for one extension line to the Traffic Department, and one to the Criminal Department.
On motion by Commr. Carson, seconded by Commr. Deems and carried, the Board authorized payment of the sum of $10,654.13 on the Secondary Maintenance Contract with the Department of Transportation for the month of October.
On motion of Commr. Carson seconded by Commr. Deems and carried, the Board authorized the payment of Medicaid bills in the sum of $10,095.47.
On motion of Commr. Carson seconded by Commr. Windram and carried, the Board authorized payment of $50.00 to Dr. William H. Shutze for expert services in the Case of State of Florida vs. Errol B. Resnick.
On motion of Commr. Deems seconded by Commr. Carson and carried, the Board authorized payment of $60,000.00 to the Waterman Memorial Hospital Association, Inc., said sum being collected in the Northeast Lake County Hospital District.
On motion of Commr. Deems seconded by Commr. VanAuken and carried, the Board authorized payment of $9.29 for redemption of Tax Certificate #232 for the year 1970 and $8.43 for redemption of Tax Certificate #206 for the year 1971, for a total of $17.72.
On motion of Commr. Windram seconded by Commr. Carson and carried, the Board authorized payment of Commissions on 1971 Taxes, to the Tax Collector, in the sum of $39,471.26.
On motion of Commr. Carson seconded by Commr. VanAuken and carried, the Board authorized payment to the Lake County Chamber of Commerce for the December allotment in the amount of $2,083.33.
On motion by Commr. Windram seconded by Commr. Deems and carried, the Board authorized payment of Commissions on 1971 Tax Roll to the Tax Assessor in the amount of $63,389.74.
On motion of Commr. Windram seconded by Commr. Deems and carried the Board authorized travel expenses for C. Cooke Gravlee, III, Juvenile Court Administrator, to Tallahassee, for meeting of the Florida Juvenile Court Counselors Association, Dec. 14-17 in the amount of $145.50.
On motion of Commr. Deems seconded by Commr. Windram and carried, the Board authorized payment to Robers Equipment, Tavares, of the sum of $656.60, for one Gravely Custom Tractor with mower, governor, etc. for the County Extension Service to use at the Agriculture Center.
On motion of Commr. Windram seconded by Commr. Deems and carried, the Board authorized the purchase of a Unitron Model MSF Stereoscopic Microscope and one pair of eyepieces, for the County Extension Department for $168.35.
On motion of Commr. Deems seconded by Commr. Carson and carried, the Board authorized the purchase of a posture chair from Southern Printing Company for the Clerk’s Office in the sum of $69.00.
On motion of Commr. Deems, seconded by Commr. VanAuken and carried, the Board authorized the payment to Orange Memorial Hospital of last year’s bills for indigent patients.
On motion of Commr. Carson seconded by Commr. Deems and carried, the Board approved the following vouchers for payment:
General Revenue Fund
Mosquito Control State II Fund
Motor Vehicle Inspection Fund
Fine and Forfeiture Fund
Youth Services Bureau Fund
Road & Bridge Fund
Construction Trust Fund
N. E. Hospital District Fund
N. E. Hospital-Ambulance Fund
N.W. Hospital-Ambulance Fund
On motion of Commr. Carson seconded by Commr. Windram and carried, the Board authorized the transfer of $500.00 from Account 68823 to Account 68814 – Supplies not otherwise specified (Disposal Plant); also the transfer of $800.00 (Road & Bridge Fund) from Contingency to Account 45294 – Refunds.
There being no further business to bring before the Board, the meeting was adjourned at 5:45 p.m.