MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS

TUESDAY – april 4, 1972

The Lake County Board of County Commissioners convened in regular session in the Commissioners’ Room, Courthouse, Tavares, Florida, on Tuesday, April 4, 1972, at 9:00 a.m. with the following members present:  Thomas J. Windram, Chairman; James R. Carson, Jr.; C. A. Deems; J. M. Hoskinson; and Kenneth VanAuken.  Others in attendance were:  James C. Watkins, Planning Director; Fred M. Harpster, County Engineer; Christopher C. Ford, County Attorney; Frank E. Owens, Clerk of Circuit Court; and Norma H. Coven, Deputy Clerk.

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

minutes

On motion of Commr. Hoskinson, seconded by Commr. VanAuken and carried, the minutes of the meeting of January 11, 1972 were approved as corrected.

On motion of Commr. VanAuken, seconded by Commr. Hoskinson and carried, the minutes of the meeting of January 18, 1972 were approved as corrected.

On motion of Commr. VanAuken, seconded by Commr. Carson and carried, the minutes of the meeting of February 8, 1972 were approved as submitted.

planning and zoning

Joseph H. Peterman and Max Judy appeared and asked the Board’s consideration to allow them to re-apply for a Conditional Use Permit on property described in Conditional Use Permit 357-3, which was denied February 14, 1972.  Mr. Peterman submitted a list of recent changes to the area which he feels will justify the request to waive the one year waiting period.  Mr. Watkins recommended the request be granted because of the drastic changes to the area making it a recreational type development with tourist related facilities, and because the City of Clermont has since annexed much of the property to the South.  On motion of Commr. Carson, seconded by Commr. Hoskinson and carried, Mr. Peterman’s request was approved to re-apply for a Conditional Use Permit to be considered at a public hearing.

building department

Mr. Watkins submitted written recommendation from the Board of Examiners that the National Electrical Code of 1971 as amended be adopted by the Board of County Commissioners effective May 1, 1972.  Action was deferred until the Chairman of the Board of Examiners and Mr. Oatman appear before the Board.

Mr. Watkins informed the Board he has appeared before the Sumter County Commission to discuss with them Lake County’s Building Code.  Sumter County is desirous of implementing similar regulations and would like a study of their needs to be made by Lake County.  They are willing to make reimbursement for the cost.  Mr. Watkins was instructed to work with the County Attorney to draw up a suitable agreement.

contracts and agreements

Mr. Watkins presented a contract with the City of Mount Dora covering planning and zoning services and same was approved on motion of Commr. VanAuken, seconded by Commr. Hoskinson and carried, and the Chairman and Clerk were authorized to execute the contract.

county property

Commr. Deems stated the City of Leesburg is requesting the County to deed to the City an old abandoned clay pit east of the City for the purpose of beautifying the property.  The Attorney was instructed to contact the City to determine if the City will assume any damages to the property in the event the County has over dug the pit; and if the City will give a reservation for road right of way in the event the road is expanded in the future.

commodity program

Commr. VanAuken submitted a list of equipment that will be available when the Commodity Warehouses close on April 30.  The Clerk was instructed to circulate the list to the various departments advising them the equipment will be available if needed.

The Board authorized rental on the buildings through April 30, 1972.

road & bridge department

The Engineer was authorized to erect “No Litter” signs at all county boat ramps and to inspect the ramp at Marsh Park for necessary repairs.

resolutions not classified elsewhere

On motion of Commr. Deems, seconded by Commr. Carson and carried, a resolution was adopted assuring gratuitous donors of wetlands that the intent of covenants and restrictions contained in reverter clauses of deeds or conveyances restricting the use of such properties will be honored and defended by the County Commissioners of Lake County and said lands will be used in a manner consistent with the restrictions contained in the donation and if for any reason the public good dictates a use that would activate the reverter clause, the Lake County Board of County Commissioners will support the reverter clause taking effect.

roads – subdivisions

Mr. Rudy Broeker appeared and requested the Board to survey the roads in Mt. Plymouth Subdivision which have been closed by the golf course.  Commr. Deems moved that the County Survey Team survey and establish the location of Burnham Place between Interlochen Drive and Exmoor Drive.  The motion was seconded by Commr. Hoskinson.  Commr. VanAuken moved to amend the motion to allow the Engineer to fit this work into his schedule for survey work.  The amendment died for lack of a second.  Commr. Deems’ motion was carried.

roads – county

Commr. Hoskinson submitted a petition signed by 25 residents objecting to the design of the bridge over the Monte Vista Canal on County Rd. 3-1038 by the Department of Transportation.  Mr. Harpster advised the Department of Transportation has taken bids on this project, but the bid has not been awarded.  On motion of Commr. Hoskinson, seconded by Commr. VanAuken and carried, a resolution was adopted requesting the Department of Transportation to drop Project #11523-3601-020-41 relating to the construction of a bridge on County Road #31038, and that the Department reject all bids on this project, due to the numerous objections on the design of the bridge.

The County Engineer was instructed to proceed with a design for the bridge of adequate construction and obtain consultant services if necessary.

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.

laws & legislature

Chairman Windram informed the Board he sent telegrams to Senator Karl and Senator Daniel asking their support in defeating HB 547, Waiver of Sovereign Immunity.

The Chairman instructed the Attorney to request Circuit Judge John W. Booth to appear before the Board to discuss the implementation of Article V and the impact it will have on county facilities.

bonds

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

            No. 802 – Leroy C. Ringsmith (General)

                   803 – Charles Branlett d/b/a B & B Painting

                   804 – A. L. Rose (Carpentry & Masonry)

                   805 – Glen Prickett d/b/a City Electric

                   806 – Theodore T. Navolio d/b/a Service Master of Lake County

       Cancel 789 – John B. Williams

 

records

Clerk Owens submitted approval from the Secretary of State for him to destroy Tax Assessment Rolls from 1915 thru 1966.

Resolutions not classified elsewhere

On motion of Commr. Hoskinson, seconded by Commr. VanAuken and carried, a resolution was adopted declaring April as Cancer Control Month and urging every citizen to have a physical examination for his personal protection and to support the educational and fund-raising efforts of the American Cancer Society as part of the Cancer Control Program.

Roads – county

On motion of Commr. Deems, seconded by Commr. Hoskinson and carried, right of way deeds were accepted conveying road rights of way to Lake County on Bronson Road from the following:

            E. B. Cashwell

            William B. Hull and Elva L. Hull

            Jay Marvin Wilson and Carol P. Wilson

            D. A. Gaines and wife, Ruby M. Gaines

            James E. Konsler and Helen T. Konsler

 

Request from the Sylvan Shore Association, Inc. for “Dead End” signs at the east end of Eastland Road and Northland Road in Sylvan Shores was approved on motion of Commr. Carson, seconded by Commr. Deems and carried.

On recommendation of the Attorney, the Board denied the request of P. F. Ankers for a load of dirt to be placed in a dedicated street at the west end of Sylvan Point Drive as this would create a traffic hazard.

Mr. Harpster recommended that Lincoln Road be widened and constructed from Grandview Avenue to SR 44-B if the City of Mount Dora will provide the right of way.  He was instructed to determine the location of the city limits and if right of way has been acquired.

On recommendation of the Engineer and on motion of Commr. Carson, seconded by Commr. VanAuken and carried, the Board approved the paving of Josephine Street in Fruitland Park if the Town will pay 2/3 of the cost.

Roads – state

On recommendation of the Attorney and on motion of Commr. Hoskinson, seconded by Commr. Deems and carried, Maintenance Agreements were approved effective July 1, 1972 for Lake County to maintain its own Secondary Road System.

Road closings

On recommendation of the Engineer and on motion of Commr. Deems, seconded by Commr. Carson and carried, a petition to abandon portions of streets in Monte Vista Park Farms was denied for the reason the streets are not contiguous and do not have approval of adjoining property owners.

Attorney Ford advised with reference to denial of petition to close a road in Eldorado Heights, the petitioner’s attorney has a letter from Lake Abstract they will not issue a title policy until the road is closed by the county and he requests permission to readvertise the petition.  The Engineer said there is definitely no road at the location described in the petition.  On motion of Commr. Hoskinson, seconded by Commr. Carson and carried, the Board approved a public hearing on the readvertisement for May 2.  Commr. VanAuken voted against the motion.

ordinances

On motion of Commr. Deems, seconded by Commr. Hoskinson and carried, the Board approved a public hearing to consider an ordinance providing for liens in favor of operators of hospitals, said hearing will be held on May 2, 1972 at 11:00 a.m.

County buildings

Recommendations from recent inspection made on county buildings in connection with fire and extended coverage insurance by Insurance Services Office of Florida regarding electrical equipment in the Pioneer Building and fire extinguishers in the District Two County Barn and Office were referred to the County Engineer.

Licenses and permits

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

            To Sumter Electric Coop., Inc. to construct and maintain power distribution line along County Rd. #1-7813 three miles northeast of Lady Lake.

            To Southern Fruit Dist., Inc. to construct and maintain water line under County Rd. #3-1837 between SR 25 and SR 478.

            No. 328 to Fla. Telephone Corp. to construct and maintain buried cable along County Rd. #5-6245 between Lisbon and Grand Island.

No. 329 to Fla. Telephone Corp. to construct and maintain buried cable along County Rd. #5-6748 between Lisbon and Grand Island.

No. 347 to Fla. Telephone Corp. to construct and maintain buried cable along County Rd. #3-3358 between Lake Jem and SR 561.

No. 348 to Fla. Telephone Corp. to construct and maintain buried cable along County Rd. #1-7407 between SR 25 and Lady Lake.

No. 351 to Fla. Telephone Corp. to construct and maintain a carrier bank along County Rd. #5-8279 between Altoona and Paisley.

No. 353 to Fla. Telephone Corp. to construct and maintain buried cable along County Rd. #5-6254 between Grand Island and Eustis.

To City of Leesburg to construct and maintain natural gas line across County Road #1-4606 at the western city limits of Leesburg.

 

tax assessments

Request from the Tax Assessor for approval of Certificates of Error and Correction on the 1971 Tax Roll numbered 198 through 208, was approved on motion of Commr. Carson, seconded by Commr. Hoskinson and carried.

County employees

Resignation from Car Baeumel effective April 12, 1972 was accepted on motion of Commr. Hoskinson, seconded by Commr. Deems and carried, with regret.

Mr. Harpster informed the Board his secretary will be away on sick leave for six or eight weeks and would like authority to employ temporary help during this period.  On motion of Commr. Carson, seconded by Commr. Deems, the Engineer was authorized to pay $2.50 per hour for temporary office help.

On motion of Commr. Deems, seconded by Commr. Carson and carried, the Board approved the employment of an additional attendant at the Lake County Landfill at an hourly rate of $2.00 per house, same to be paid from Emergency Employment Act Funds.

Check received

On motion of Commr. VanAuken, seconded by Commr. Carson and carried, check in the amount of $238.18 from Karst, Inc. revenue from county owned citrus grove was accepted and the Clerk was instructed to deposit same to the proper fund.

communications

Notice from the U.S. Forest Service it has optioned to buy five tracts of land to consolidate National Forest ownership was read and filed.

Chairman Windram said he is in receipt of a memorandum from the State Division of Mental Health concerning the implementation of community mental health programs under the Baker Act.  The Division is requesting a list of receiving centers no later than May 1, 1972, since the Act will take effect July 1, 1972.  Mr. Windram will investigate further and attempt to make recommendations regarding receiving facilities by May 1, 1972.

Memorandum from the Governor’s Coordinating Task Force on Migrant and Rural Poor determining the existing planning and coordinating agencies at the county level was referred to the Planning Director.

Copy of Annexation Ordinance and election results annexing certain properties to the City of Clermont were filed.

fair grounds

On recommendation of the Engineer and on motion of Commr. Deems, seconded by Commr. Hoskinson and carried, the Board adopted the policy that the Road and Bridge Department will not clean the Fair Grounds after functions unless the fees collected by the Lake County Chamber of Commerce are turned over to the County.

Site approval from the Department of Transportation for a public airport to be known as Orlando/Lake Airport located in Lake County was filed with the Board.

reports

The following monthly reports were filed with the Board:

            Veterans Service Officer for March

            Cigarette Tax collections and distributions for January

 

accounts allowed

On motion of Commr. Deems, seconded by Commr. VanAuken and carried, Commr. Hoskinson was authorized to purchase a clock for the Commissioners’ Room.

Travel was approved for Robert S. Stroud and Cooke Gravlee to attend organizational meeting of Florida Association of Youth Related Services in Daytona Beach, March 28, on motion of Commr. Deems, seconded by Commr. Carson and carried.

On motion of Commr. Deems, seconded by Commr. Carson and carried, the Board approved the purchase of an educational film on county government from Beckley Films, Inc. in the amount of $165.

Laboratory equipment in the amount of $1,501.28 from Scientific Products for the Pollution Control Office was approved on motion of Commr. Deems, seconded by Commr. Carson and carried.

On motion of Commr. Carson, seconded by Commr. Deems and carried, the Board agreed to pay a portion of the expenses of a member of the Water Authority to attend Water Resources Congress in Washington, D.C., April 9-12; also, the expenses of any Board of County Commissioner member attending.

On motion of Commr. Carson, seconded by Commr. Deems and carried, the Board approved the purchase of carpet to be installed in the Finance Department on the first floor of the Courthouse from Martin’s Carpets in the amount of $915.00 as being the best quotation.

Travel was approved for Board members, Planning Director, Attorney and Engineer to attend State Association of County Commissioners meeting in Daytona Beach, April 23-25.

On motion of Commr. Hoskinson, seconded by Commr. Carson and carried, the Board approved the purchase of fish food for Lake Minneola by the Game and Fresh Water Fish Commission.

On motion of Commr. Hoskinson, seconded by Commr. Carson and carried, the Board approved travel for the Assistant Engineer to attend seminar on new traffic control devices in Orlando, April 13.

On motion of Commr. Carson, seconded by Commr. Hoskinson and carried, purchase of 30,000 MVI certificates was approved in the sum of $12,000.00.

On recommendation of the Engineer, the Board approved the purchase of fence posts in truck load lots from J. R. Newbern, Valdosta, Ga.

On motion of Commr. Deems, seconded by Commr. Carson and carried, purchase of IBM typewriter for the Engineer’s Office in the amount of $486.00 was approved.

The Board approved the purchase of a desk lamp for the Supervisor of Elections Office in the amount of $21.50, and authorized transfer of $100.00 from Contingency to Acct. #81082.

accounts refused

The Engineer informed the Board there was an accident at the Minneola MVI station and as a result, a tire on a vehicle being inspected was ruined.  On motion of Commr. Deems, seconded by Commr. VanAuken and carried, that it is the County Attorney’s considered opinion that the Board is not liable to replace the tire, no action was taken by the Board.  Commr. Hoskinson voted against the motion.

On recommendation of the Engineer, service contract with Carte Control Co. for servicing the Courthouse air conditioning and heating system was denied on motion of Commr. Carson, seconded by Commr. Hoskinson and carried.

There being no further business to bring before the Board, the meeting was adjourned at 4:00 p.m.

 

 

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chairman

 

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Clerk