MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
october 10, 1972
The Board of County Commissioners of Lake County, Florida, convened in regular session on Tuesday, October 10, 1972 in the Commissioners’ Room, Courthouse, Tavares, Florida, 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 present were: Christopher C. Ford, County Attorney; Frank E. Owens, Clerk of Circuit Court; Frank Lawton, Planning and Zoning; Fred Harpster, County Engineer; and Norma H. Coven, Deputy Clerk.
The meeting was called to order by the Chairman, the invocation was given by Commr. Carson, and the Pledge of Allegiance was recited.
planning and zoning
Mr. Peter J. Leary, Sunshine Mobile Homes Sales; Mr. Carl Shields, land developer; Mr. Don Monn, Real Estate Broker; Ed Mitenius, mobile home sales; and Jim Hearn of Holiday Lakes appeared before the Board opposing the moratorium on mobile home hookups outside of rental parks as proposed by the Planning and Zoning Commission. They felt that there is a real need in Lake County for low cost housing for low income families which is being met by mobile homes.
Mr. Steve Vaughn, Chairman of the Planning and Zoning Commission, appeared in support of the recommendations presented by the Planning and Zoning Commission.
Chairman Windram stated that there is a need for closer coordination between mobile home sales, developers, and the Planning and Zoning Commission.
bids
It now being the time advertised to receive bids on the purchase of paints and other related products for use during fiscal year 1973, the Chairman directed the Clerk to open and tabulate bids, whereupon a bid was received from the Sherwin Williams Company, Leesburg, Florida. On a motion by Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the bid was referred to the Engineer for his recommendations.
It now being the time advertised to receive bids on the purchase of industrial propane gas (HE-5 motor fuel) for the 1972-1973 fiscal year, the Chairman directed the Clerk to open and tabulate bids.
A bid was received from Public Gas Company, Mount Dora, Florida for 15 cents per gallon.
On a motion by Commr. Carson, seconded by Commr. Deems and unanimously carried, the bid received from the Public Gas Company at the given quotation of 15 cents per gallon for delivery of propane gas to the Lake County Mosquito Control was accepted.
indigents
On a motion by Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the following change was approved to the present indigent list:
District No. 3 – James McCauley ADD $20 for two weeks at a rate of $40 per month
road maintenance
Mrs. Tanner appeared regarding maintenance of a road in the Cassia area, which was previously maintained by the County. She stated that one of the property owners refuses to give right of way. This road serves as an access road for eight property owners. The Attorney recommended that if the owners cannot get together and reach an agreement, the property owners can initiate a lawsuit to declare the road prescriptive and as an alternate have the road declared a way of necessity. The County can then as a matter of Board policy improve the road on a time and material basis.
planning and zoning
Robert D. Melton, Attorney, representing Henry F. Haas, appeared before the Board regarding zoning case 122-72-4. Mr. Haas requested rezoning on 7 out of 10 acres, and the Planning and Zoning Commission inadvertently rezoned the entire 10 acres. The County Attorney advised Mr. Melton to process the request back through the zoning commission and the Board of County Commissioners to try to correct the situation at a regular scheduled zoning classification hearing.
ordinances
The Chairman announced that the third reading of the sewer ordinance will be postponed to the third meeting in November. The Attorney said it may be his recommendation to adopt a similar ordinance to the one adopted by Brevard County.
maps & Plats
Mr. James Hearn was present regarding approval of a plat for Holiday Lakes Estates, Phase I, S12, 13:T18S:R25E. The Attorney presented an opinion of the title letter from Hoequist & McLarry, Attorneys at Law, and an agreement from Mr. Hearn to place in escrow the sum of $1,063 per lot for the purpose of assuring completion of the streets and roads shown on the plat. A letter of approval from the County Engineer was attached. On the recommendation of the Attorney and on a motion by Commr. Hoskinson, seconded by Commr. Deems and unanimously carried, the Plat of Holiday Lakes Estates, Phase I, was accepted and approved for the record.
public health
Commr. Deems informed the Board that Dr. Hall, County Health Director, has retired, leaving no one with the authority to sign the bills. He contacted Dr. Crane, State Division of Health, and Dr. Crane said to pay the bills as the necessary approval will be made in Jacksonville.
Commr. Deems stated that he spoke with Dr. Bradley concerning the position of Health Director for Lake County. Dr. Bradley said he will be available for the position as of November 15, 1972 at a salary of $30,000 annually. Commr. Carson moved that Dr. Bradley be offered the position of Director of the Lake County Health Department at a salary of $30,000 a year, effective November 15, 1972. The motion was seconded by Commr. VanAuken and unanimously carried.
courthouse
Commr. Deems presented a letter from S. L. Kilgore, Leesburg, Florida, informing the Board that the Department of Architecture at the University of Florida lends aid to public officials by preparing plans for public buildings through senior student projects at no charge. He stated that it may be possible for Lake County to make arrangements with the University to do the plans for the courthouse complex. Commr. Carson was requested to investigate this further and determine whether the students have any previous experience in preparing plans for governmental agencies.
recess and reassembly
The meeting was recessed for lunch at 12:00 noon and reconvened at 1:30 p.m. to take up the remaining items of business.
elections
On the recommendation of Dick Langley, State Representative candidate, and on a motion by Commr. VanAuken, seconded by Commr. Carson and unanimously carried, the Board adopted a resolution for a straw vote to be placed on the ballot to determine if the citizens of Lake County are in favor of reinstatement of the death penalty for capital crimes.
meetings
The Board will hold a special meeting at the Planning and Zoning Department at 7:30 p.m. on October 11, 1972 to interview Mr. Joseph E. Flynn, applicant for the position of Planning Director.
bids
It now being the time advertised to receive bids on the purchase of three 80” rotary mowers, the Chairman directed the Clerk to open and tabulate bids, whereupon the following bids were received:
Fort Mason Tractor Company Woods C80 Mdl $2,625.78
Le Tourneau Tractor Company Woods C80 Mdl $2,685.00
Shelfer Ford Tractor Company Ford 906-7 Mdl $2,211.52
Wood C80 Mdl $2,623.26
On a motion by Commr. Carson, seconded by Commr. Deems and unanimously carried, the bids were referred to the Engineer to check specifications and make recommendations to the Board.
public health
The Board discussed extending the opening hours at the county landfills. The Board instructed the Engineer to extend the hours until 6:30 p.m. at the Astatula, Lady Lake, and Clermont landfills on a one-month trial basis.
The Engineer presented a map showing the locations of county landfills and recommended that some of the satellite sites be closed. The Board instructed the Engineer to present his recommendations to the Board advising which satellite sites should be closed.
chamber of commerce
The Chairman presented a report from the Chamber of Commerce showing revenue, expenditures, and cash on hand for the fairgrounds. Commr. Deems moved that the $6,653.55 cash on hand be deposited in the General Fund and a check issued in the amount of $1,000 to the Chamber of Commerce for the operating fund. The motion was seconded by Commr. VanAuken and unanimously carried.
laws and legislature
Commr. Carson stated that there will be a meeting of the Board of Zoning Appeals at 4:00 p.m. on October 12, 1972 in the Conference Room of the Planning Department. Commr. Carson moved that a resolution be adopted activating Chapter 72-587, an act amending Chapter 57-1486, Laws of Florida, providing for the appointment of members on the Board of Zoning Appeals and requested that the Governor be notified to this effect. The motion was seconded by Commr. Hoskinson and unanimously carried.
elections
On a motion by Commr. Carson, seconded by Commr. VanAuken and unanimously carried, the Board appointed clerks and inspectors for the general election.
autos and trucks
The Chairman presented a letter received from the Anchor Club President requesting use of the prisoner truck for a Halloween carnival being sponsored by the Women’s Club of Tavares. On the advice of the Attorney, the request was denied by the Board.
roads – county
The Engineer presented recommendations concerning surfacing of Lake View Drive and East Crooked Lake Drive, Eustis. He recommended that no resurfacing or widening of Lakeview Drive be accomplished at this time. The Chairman will look into this matter with the Engineer.
The Engineer presented a request from Mr. Rutherford regarding a speed limit on 4-4872 (Old Country Club Road) and 4-5174 (East Lake Joanna Drive). On the recommendation of the Engineer and on a motion by Commr. VanAuken, seconded by Commr. Carson and unanimously carried, the Board approved adoption of the resolution to set the speed limit of 45 mph on 4-4872 and 35 mph on 4-5174.
appointments
The Engineer presented a draft of subdivision regulations. The Chairman appointed the following committee to review the regulations: Commr. Hoskinson, Commr. Carson, Tom Grizzard, Steve Vaughn and Harley Morse. Frank Lawton, Fred Harpster, Phil Edwards and Attorney Ford will act as advisors to the committee.
contracts and agreements
The Engineer presented the garbage collection franchise agreements. On the recommendation of the Engineer and on the motion by Commr. Deems, seconded by Commr. VanAuken and unanimously carried, the Board authorized the Chairman and Clerk to sign the agreements for the following: Town and Country Refuse, Inc.; Bobby Lee Harris; Dump All, Inc.; Florida Development & Attractions, Inc.; Gray’s Refuse and Hauling Service; Calander McGee; South Lake Refuse Service, Inc.; and Ward L. Sturdevant.
roads – county
The next road trip was scheduled for 9:30 a.m. on November 29, 1972.
county property
The Engineer presented a letter from Alvin Savage, Orlando, Florida, stating that he desires to purchase abandoned clay pit property near SR 474. The Board instructed the Clerk to write Mr. Savage and notify him that the Board wishes to retain possession of this property.
road maintenance – subdivisions
The Engineer presented a check from Harry Mielke in the amount of $3,446 which is 2/3 of the cost to bring Michigan Avenue and Vincent Drive in the Golden Heights Subdivision up to county standards. On a motion by Commr. Hoskinson, seconded by Commr. VanAuken and unanimously carried, the Board accepted the check and upon completion of the necessary work, approved taking the roads into the county maintenance system.
bonds – misc
Contractor’s Bonds for Certificates of Competency were approved on a motion by Commr. Deems, seconded by Commr. Hoskinson and unanimously carried for the following:
#61 Joe F. Fedor (General)
150 James E. Denman dba Denman Heating and Air Conditioning
178 Morton J. Barnes
191 Matsche Construction Company (General)
545 Elwin A. Carnes dba Carnes Brothers Drywall
664 James B. Johnson (Residential)
872 Billy Joe Watson dba Watson Construction Company
895 Dwight L. Stoffel dba Stoffel Plumbing, Inc.
905 George L. Jacobs (Electrical)
906 John J. Tennison dba Tennison Tile, Linoleum & Carpet
908 Robert Tindle dba Tindle Electric
909 Readus M. Frye (Electrical)
910 Howard Hutchingson (Specialty Class B)
911 Willis Boutwell (Aluminum)
912 William R. Coffey, Jr. (Plumbing & electric)
913 E. Harold Wilson dba Wilson Electric Company
914 C. B. Keene dba Keene Construction
915 Dave Perry dba The Allan Electric Company, Inc.
916 L. Z. Douglas (Building)
878 William T. Snyder dba Resa Corp.
bonds – misc.
On a motion by Commr. Hoskinson, seconded by Commr. VanAuken and unanimously carried, the public official bond was approved for Lewis High English, Deputy Sheriff.
Bonds for carrying firearms were approved on a motion by Commr. Hoskinson, seconded by Commr. VanAuken and unanimously carried for the following:
James B. Daugherty (2)
sheriff
The Clerk submitted a letter from Sheriff Meech regarding the accidental shooting of an inmate and road crew foreman. The Board referred the letter to the Engineer to check into the Sheriff’s recommendation that the road crew be instructed to carry their shotguns without a shell in the chamber as a safety measure.
hospitals
On a motion by Commr. VanAuken, seconded by Commr. Carson and unanimously carried, the action of the Chairman and Clerk were approved in granting the petition to the W. T. Edwards Tuberculosis Hospital for Hurdis Milton Carroll as approved by David L. Crane, State Health Director.
road closing
The Clerk presented a petition to close the following road:
That portion of Hibiscus Road in the Partial Replat of Eustis Heights Subdivision as recorded in Plat Book 17, Page 4, Public Records of Lake County, Florida, as lies between Lots 10, 11, 12, and 13 of Block B and Lots 3, 4, 5, and 6 of Block C of said Subdivision.
On the motion by Commr. Carson, seconded by Commr. VanAuken and unanimously carried, the petition was accepted to be advertised for public hearing on November 21, 1972 and referred to the Engineer.
deeds
The Attorney stated that the 1965 deeds from J. A. Getford and A. M. McFadden had errors in the description. He advised that deeds for road right of way be prepared with the proper description to remove the cloud from the titles of said property. The Attorney was instructed to write Mr. Getford and Mr. McFadden and advise them to this effect.
bids
On the recommendation of the County Attorney and on a motion by Commr. Deems, seconded by Commr. Hoskinson and unanimously carried, the Board authorized the Clerk to advertise for bids for the lease of 10 acres of county property to be opened on November 7, 1972 as described below:
The East ½ of the Southwest ¼ of the Southwest ¼ in Section 20, Township 18 South, Range 24 East in Lake County, Florida, Less the right of way for Jackson Street along the North side and the right of way for Grove View Avenue along the East side thereof.
maps and plats
The Attorney presented memorandum from Sam Mazzotta, Associate Planner, in reference to an unrecorded subdivision plat in Section 26, Township 20, Range 26E, generally knows as the area between State Highway 19 and SR 561 South of Tavares. The Attorney stated that he does not feel it is necessary to have a pre-existing unrecorded subdivision plat recorded. He will send copies of this memo to each Board member.
attorney
Mr. Ford stated that he is bringing another attorney into his firm (Dan Robuck). He will put him in charge of Planning and Zoning matters for the County.
communications
A letter from the State Department of Transportation regarding installation of traffic control devices at the intersection of SR 44 and S-437 east of Eustis was read and filed.
reports
Veterans Service Officer’s Report for September 1972
Chamber of Commerce resume of monies spent with publicity tax monies, October 1, 1971 to September 30, 1972 was filed with the Board.
Report of Inspection of County Jails and County Prisons from the Florida Division of Corrections was filed with the Board.
Public Works Department report for the month of September 1972 was filed with the Board.
accounts allowed
On a motion by Commr. Deems, seconded by Commr. Hoskinson and unanimously carried, the Board approved travel expenses for Joseph Flynn, applicant for the position of Planning Director, from Ocala to Tavares and to the Orlando airport, October 11 & 12, 1972; $20 per diem and car rental expenses.
On the motion by Commr. VanAuken, seconded by Commr. Deems and unanimously carried, the Board approved reimbursement for travel for Commr. Hoskinson to Boston, Mass., where he attended the AIP Meeting to interview applicants for the position of Lake County Planning Director.
On the motion by Commr. Carson, seconded by Commr. Deems and unanimously carried, the Board approved purchase of an IBM typewriter for the finance office in the amount of $495.00.
On the motion by Commr. VanAuken, seconded by Commr. Deems and unanimously carried, the Board approved travel expenses for Fred Bollenberg to attend the Fall Conference of the Florida Civil Defense Association in St. Augustine, November 8-10, 1972.
On the motion by Commr. Deems, seconded by Commr. VanAuken and unanimously carried, the Board authorized partial payment to Macasphalt, Inc. in the amount of $200,082.91 on the road resurfacing contract.
On the motion by Commr. Deems, seconded by Commr. VanAuken and unanimously carried, the Board approved payment of $1,525.20 to Lowe Engineers for aerial photographs.
On the motion by Commr. Deems, seconded by Commr. Hoskinson and unanimously carried, the Board approved payment from Construction Funds, funds to resurface approximately 600 feet of SR 439 north of 44A and 42.
On the motion by Commr. VanAuken, seconded by Commr. Carson and unanimously carried, the Board authorized payment of electricity for the Altoona Pavilion at the minimum charge of $2.25 per month.
On the motion by Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the Board approved travel expenses for Alice B. Ayers to attend the Southern Region 4-H Leaders Forum, Eatonton, Georgia, Oct 16-20, 1972; also, Jack A. Haddox to attend the Florida State Horticultural Society Annual Meeting, Miami Beach, November 7-10, 1972.
On the motion by Commr. Deems, seconded by Commr. Carson and unanimously carried, the Board approved payment to the Clerk of Circuit Court $9,734.20 for court attendance for Spring Term, May 1 – September 29, 1972.
On the motion by Commr. Hoskinson, seconded by Commr. VanAuken and unanimously carried, the Board authorized payment to the Tax Assessor, $10,000 advance on commissions on the 1972 tax roll.
On the motion by Commr. Deems, seconded by Commr. VanAuken and unanimously carried, the Board authorized Medicaid payments for June $10,016.30, July $8,414.51, August $7,544.06, and September $7,554.02.
On the motion by Commr. Deems, seconded by Commr. Carson and unanimously carried, the Board authorized the Pollution Control Office to rent Xerox 914 copier at $100 per month rental fee from Xerox Corp.
On a motion by Commr. Deems, seconded by Commr. Hoskinson and unanimously carried, the Board approved purchase of an IBM typewriter for the Clerk’s Office in the amount of $477, which includes trade-in.
On the motion by Commr. Hoskinson, seconded by Commr. VanAuken and unanimously carried, the Board approved payment to Waterman Memorial Hospital, $27,801.03 as requested.
On the motion by Commr. Deems, seconded by Commr. Carson and unanimously carried, the Board approved a refund to Richard Moore $32.50, which was an overcharge on Building Permit #20630.
checks received
On the motion by Commr. Carson, seconded by Commr. VanAuken and unanimously carried, the Board accepted a check from the Clerk of Court, refund on advances for paying state trial witnesses, Spring Term, in the amount of $1,781.96.
accounts allowed
On the motion by Commr. Deems, seconded by Commr. Carson and unanimously carried, the following vouchers were approved for payment:
General Revenue 2572-2819
Mosquito Control State I 3-6
Mosquito Control State II 35-39
Motor Vehicle Inspection 239A-263
Fine & Forfeiture 362-392
Road & Bridge 1040-1140
Youth Services Bureau 100-112
Construction Trust 17
NE Lake County Hospital 8
NE Lake County-Ambulance 17
NW Lake County Ambulance 17
There being no further business to bring before the Board, the meeting was adjourned at 4:45 p.m.
_________________________________
chairman
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Clerk