A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS

TUESDAY – JANUARY 13, 1969

A regular meeting of the Board of County Commissioners of Lake County, Florida, was held in the meeting room of the Courthouse, Tavares, Florida, at 10:00 o’clock A.M., Monday, January 13, 1969, with the following members present: Commrs. Thomas J. Windram, Chairman; James R. Carson, Jr., J. M. Hoskinson, Alex J. Macdonnell and Kenneth VanAuken. Also present were: County Attorney C. E. Duncan, County Engineer Gordon Hays, Jr., Clerk of the Circuit Court Frank E. Owens and Deputy Clerk Norma Coven. James C. Watkins, County Planner was also present.

The meeting was called to order by the Chairman and the invocation was given by Mr. Hays.

roads – county

R. M. Marshall, General Manager of Silver Sand Co., appeared and requested the Board’s consideration of extending County Road 3-1362 (Hartle Road) South to Section 11, and westerly to County Road 3-0854 (Woods Road) to connect the Johns Lake Road and the Southern Fruit Road. Silver Sand is developing a sand pit in this area and needs access to and from State Roads 25 and 50. Mr. Marshall stated the road must be capable of sustaining heavy truck traffic and that his company will contribute $25,000 toward the cost of construction, in addition to approximately 2.75 miles of right of way. Chairman Windram advised Mr. Marshall, Lake County, anticipates undetermined loss in road funds under the new Constitution but encouraged him to continue to attempt to secure the necessary right of way.

Commr. Carson moved that this matter be deferred until the Clerk can contact Tallahassee to determine how much Lake County can anticipate under the provisions of the new Constitution. The motion was seconded by Commr. VanAuken and carried. Commr. Hoskinson abstained from voting and explained he owns property along the proposed road and will refrain from voting on any decision regarding this.

The Engineer was instructed to prepare cost estimate for the construction of the proposed road for the Board’s consideration.

Later in the day, letters from the following were filed urging the County to consider building the road:

South Lake Apopka Citrus Growers Assn. - Oakland, Florida

Capplemann Agency - Winter Garden, Florida

James H. Sweeny, Jr., Attorney - DeLand, Florida

Southern Fruit Distributors, Inc. - Orlando, Florida

Tilden Groves - Winter Garden, Florida

Engineer Hays reported the Church of Christ at Eustis has requested that the County pave County Road 4-5667 and part of 4-5469 to form a loop from SR 44. All owners except one are agreeable to donating additional right of way. The Board deferred action on this pending determination of available road monies.

roads – state

On motion of Commr. Carson seconded by Commr. Macdonnell and carried, the Board adopted a Resolution requesting the State Road Department to improve and widen that portion of SR 25 (U.S. 27) in the City of Leesburg from the Palm Plaza Center to Dixie Avenue because of the dangerous traffic hazard and the number of accidents and deaths at this location.

The Engineer reported the City of Leesburg will, in the future, maintain the traffic signal at the intersection of SR 25 and SR 48.

Clerk Owens submitted notice from the State Road Department to the effect a public hearing will be held Wednesday, February 12, 1969, at 10:00 A.M. in the City Hall of Umatilla, concerning the location and economic effects of the improvement of SR 19 from SR 44 in Eustis to the south limits of Umatilla. All interested parties are invited to be present or represented.

road maintenance

George Terry and Frank Vankik of Paisley were present and requested improvement to a road between SR 42 and the Tower Road, which has been heavily damaged by the rains. This is not a County maintained road. Commr. VanAuken and the Engineer were instructed to view the road.

road closings

Richard Langley, Attorney, appeared representing Wm. Lord and Ajax Harvesting Co. who are requesting a portion of Grand Highway in Lake Highland Subdivision be closed. On motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, a public hearing was authorized for February 10, 1969 to consider petition to close the following described road:

In Section 29, Township 22, South Range 26 E, all that part of the 30 foot right-of-way of Grand Highway lying south of a point 356.14 ft. north of the intersection of the center line of said right-of-way and the east line of the right-of-way of U. S. Highway #27.

Indigents

On motion of Commr. Carson seconded by Commr. Macdonnell and carried, the following change was approved to the present indigent list:

District No. 4 – ADD Susan Koran $20.13

water pollution

Jim Livingston representing the Lake Improvement Association was present and asked the Board’s approval of the construction of a barricade in Lake Eustis on SR 500 between the Dora Canal and the Recreation Park for the purpose of cleaning up the nutrient problem from the canal and arresting the growth of hyacinths. Mr. Livingston said the cost to the County would be approximately $1500 for the wire using prison labor. The Power Company or Telephone Company will contribute the used poles and the cost of the wire could be paid from the $1.00 additional charge to fishing licenses, which is earmarked for improving fishing in any manner. The Board members concurring, the Chairman asked Mr. Livingston to secure the approval of the Game & Fresh Water Fish Commission and the Pollution Control Board.

county building

Tom Waddell was present representing the local HEW organization and requested use of office space in the Chamber of Commerce Building. On motion of Commr. Macdonnell seconded by Commr. Carson, space was authorized if available, with the organization paying its own telephone expense.

public health

Commr. Macdonnell initiated a discussion relative to the continuing dumping of trash and refuse on private properties in his district. Attorney Duncan stated the property owners have the authority to stop the dumping and, if on County right of way, the violators are guilty of a misdemeanor, which would be handled by the Sheriff and County Prosecutor. Commr. Macdonnell moved that the owners be contacted to obtain permission to erect proper signs to stop the dumping and that the Sheriff be instructed to enforce the signs. The motion was seconded by Commr. Hoskinson and carried.

recess and reassembly

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

county agents

Earl Kelly was present and submitted his resignation as Agricultural Agent effective February 28, 1969. On motion of Commr. Hoskinson seconded by Commr. Carson and carried, Mr. Kelly’s resignation was accepted and a Resolution was adopted relative to the outstanding service performed by Mr. Kelly while serving as Lake County’s Agricultural Agent.

road maintenance – subdivisions

It now being 1:30 o’clock P.M., the time advertised to hold a public hearing to consider petition to construct and pave to County Specifications and pursuant to Chapter 63-1505, Cypress Drive in Tropical Shores Subdivision, and no one appearing to object to the construction a Resolution was adopted on motion of Commr. VanAuken seconded by Commr. Macdonnell and carried, authorizing bids for the work for February 10, 1969.

Engineer Hays advised all the property owners will pay the assessment when the work is completed.

tax assessments

Mr. R. G. Cassady, Tax Assessor, appeared before the Board with reference to the request of Carlos Beasley for an adjustment of 1968 taxes. Mr. Cassady advised at the time Mr. Beasley applied for homestead exemption, he signed a statement to the effect that he had resided on the property since January 1, 1968, and that in June a notice was sent to him that the property would be included in the 1968 tax roll. The notice was not returned and he did not answer it. Mr. Cassady submitted an Affidavit from Mr. Beasley’s contractor that the house was not completed on January 1, 1968. Mr. Beasley claims he was not aware that he had to reside in the house the first of the year and that he did not receive the notice in June.

On motion of Commr. Macdonnell seconded by Commr. VanAuken and carried, the Board denied Mr. Beasley’s request for a tax adjustment.

planning and zoning

On recommendation of the Planning & Zoning Commission and on motion of Commr. Carson seconded by Commr. Macdonnell, the Board denied application for change of zoning classification (Hearing No. 89-68-5) from T. A. Smith, Jr., from R-1-A (Residential) to C-2 (Commercial).

On recommendation of the Planning & Zoning Commission and on Motion of Commr. Macdonnell seconded by Commr. Carson and carried, a Resolution was adopted altering and amending the Zoning Rules & Regulations of Lake County as they pertain to the following tracts of land, to the Classification designated after each description:

Commencing at the NE corner of Sec. 2, Tp. 19 S.R. 25 E., thence along the North line of Sec. 2, South 89°48’50” West 333.64 ft., thence South 0°02’10” West 117.52 ft. for the point of beginning, said P.O. B. being the south right-of-way of SR No. 44. From the P.O.B. run along the South right-of-way of SR 44 South 89°44’38” East 423.28 ft., thence South 0°04’10” West 190.00 ft., thence North 89°44’38” West 423.28 ft., thence North 0°04’10” East 190.00 ft. to the P.O.B., all being in Secs. 2 and 1, Tp. 19 S.R. 25 E.;

now classified and zoned as R-3 (Mobile Home Park-Subdivision), be and the same is hereby amended, changed and rezoned to Classification C-1 (Rural Commercial District).

All that part of S ½ of SW ¼ of NE ¼, Sec. 22, Tp. 19 S.R. 26 E., lying South of the right-of-way of U.S. Highway 441. ALSO: Begin at the Northeast corner of Gov. Lot 2, Sec. 22, Tp. 19 S.R. 26 E., run thence South 480 ft., more or less, to the right-of-way of Highway, thence South 69°31’ West along said right-of-way 225 ft., thence North to North line of said Gov. Lot 2, thence East to point of beginning;

now classified and zoned as R-1 (Rural Residential), be, and the same is hereby amended, changed and rezoned to Classification C-3 (Urban Commercial District-Small Industry).

E ½ of the NE ¼ of the NE ¼ of the SE ¼ in Sec. 15, Tp. 20 S.R. 24 E. in Lake County, Florida;

now classified and zoned as R-1 (Rural Residential), be, and the same is hereby amended, changed and rezoned to Classification C-3 (Urban Commercial District-Small Industry).

The following Conditional Use Permits were approved as recommended on motion of Commr. Carson, seconded by Commr. Hoskinson and carried:

Nos. 103, 104, 106, 107

Conditional Use Permit No. 105 was approved on motion of Commr. Macdonnell seconded by Commr. VanAuken after hearing objections by Albert Kiebel.

Mr. Watkins, Director of Planning, informed the Board the Planning & Zoning Commission requests that a Board member attend the Planning & Zoning hearings on re-zoning applications. Chairman Windram suggested that the Board members meet with Mr. Watkins at a later date to determine who will attend the hearings.

appointments

On motion of Commr. VanAuken seconded by Commr. Hoskinson and carried, the Clerk was directed to ask the Governor for confirmations of appointments to the Board of Adjustment and also to fill the vacancy on the Board created by the death of Mr. Emil Yde.

Commr. Carson moved that J. M. Hoskinson be appointed to the East Central Florida Regional Planning Council to fill the vacancy created by the resignation of Mr. Herman T. Dykes. The motion was seconded by Commr. VanAuken and carried.

On motion of Commr. Carson seconded by Commr. Macdonnell and carried, the following names were submitted and approved to serve as members of the Lake County Planning & Zoning Commission:

F.C.W. Kramer, III John D. McLeod

Earl T. Harris Jay M. VanderMeer

C. S. Pettyjohn J. G. Ray, Jr.

J. E. Brown J. Elliott Seabrook

On motion of Commr. Hoskinson seconded by Commr. Macdonnell and carried, James R. Carson, Jr. was appointed to represent the Board of County Commissioners on the Law Library Board.

Alex J. Macdonnell and Thomas J. Windram were appointed to serve on the Agriculture Advisory Committee on motion of Commr. Carson seconded by Commr. VanAuken and carried.

Request from the Lake County Economic Opportunity, Inc. for a Board member to be considered as a member of the Board of Directors of the LCEO was read by the Clerk. The Chairman announced this appointment will be taken under advisement.

laws & legislature

Commr. VanAuken moved that the County Attorney advise the Board at the next meeting to what extent the Conflict of Interest Code applies to all employees of the County and that, upon confirmation of this information, the Clerk of the Board shall notify the head of each department or agency in the County Government that the Code has been adopted. The motion was seconded by Commr. Hoskinson and carried.

The Engineer reported on proposed legislation discussed at the State Association in Jacksonville.

Attorney Duncan submitted for the Board’s approval proposed amendment to the present law relative to the Chamber of Commerce purchasing equipment. This amendment was approved as submitted on motion of Commr. Carson seconded by Commr. VanAuken and carried, and the attorney was authorized to advertise same in accordance with the law.

The Attorney was instructed to prepare a list of legislation to be considered at the Legislative Hearings for the Board Members.

chamber of commerce

Attorney Duncan presented Agreement for the care and maintenance of the Fairgrounds in addition to managing the facilities at no cost to the County, which Agreement has been approved and signed by the Chamber of Commerce. On motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, the Chairman and Clerk were authorized to execute the Agreement.

The Clerk was instructed to ask the Chamber of Commerce to give the Board an outline of the program of projects being considered for the Fair facilities for 1969, together with any rentals to be derived from the projects.

bonds – misc.

The following bonds were approved on motion of Commr. Carson seconded by Commr. VanAuken and carried:

Firearms – Harvey P. Young

Johnnie E. O’Bryant

Deputy Sheriff - Cora Stephens Dillon

Contractors’ Bonds - #384 – John R. Allen

#385 – West Plumbing & Heating Co.

Contractors’ Bonds cancelled - #238 – J. E. Carroll

#331 - Paul E. Mashburn, Jr., dba Su-Jax Enterprises, Inc.

#274 – C. R. Keene and Keene Construction Co.

holidays

On motion of Commr. Macdonnell seconded by Commr. VanAuken and carried, the following holidays were approved for 1969:

February 21 Washington’s Birthday

April 4 Good Friday

May 30 Memorial Day

July 4 Independence Day

September 1 Labor Day

November 11 Veteran’s Day

November 27 & 28 Thanksgiving Day

December 25 & 26 Christmas

January 1, 1970 New Year’s

permits - use

Use Permit to Sumter Electric Coop., Inc. for the construction and maintenance of power line along County Road 2-2605 two miles south to Road 2-2503, was filed by the County Engineer.

resolutions not classified elsewhere

Resolution adopted by the Planning & Zoning Commission relative to the death of J. C. Cowart was read and filed.

Resolution adopted by the Board of Adjustment relative to the death of Emil Yde was read and filed.

inventory

On motion of Commr. Carson seconded by Commr. Hoskinson and carried, the Clerk was authorized to transfer two (2) surplus desks and 4 or 5 chairs to the Fair Association.

bids

On recommendation of the Nursing Home Director and on motion of Commr. Macdonnell seconded by Commr. Hoskinson and carried, the Clerk was authorized to advertise bids for 28 pair of bedrails for February 3, 1969.

On motion of Commr. Carson seconded by Commr. Macdonnell and carried, the Board authorized bids for the construction of cubicle to house the telephone equipment and operator in the Courthouse lobby. Bids to be received February 10, 1969.

Clerk Owens presented letter from the Division of Community Hospitals and Medical Facilities advising that the plans for the Lake County Health Center in Tavares have been approved and may be placed on the market for bids. Commr. Carson moved that the plans as presented by Jack Jones, Architect, be approved and bids were authorized for February 3, 1969. The motion was seconded by Commr. Hoskinson and carried.

accounts allowed

On recommendation of the Civil Defense Director, the Road Superintendent was authorized to accompany him to purchase surplus materials and equipment not to exceed $999.99.

On motion of Commr. Hoskinson seconded by Commr. Carson and carried, travel expense for James C. Watkins was approved to attend Environmental Planning Workshop at Florida State University, Tallahassee, January 15 – 16.

On motion of Commr. Hoskinson seconded by Commr. Carson white shirts were approved for the Chief inspectors at the Motor Vehicle Inspection Stations at no additional cost to the County. The Chairman called for a roll call vote with members of the Board voting as follows:

District No. 1 Yes

2 No

3 Yes

4 Yes

5 Yes

The Chairman declared the motion carried.

A motion was made by Commr. Carson seconded by Commr. VanAuken and carried, that the low bid of Florida Forms & Systems in the amount of $195.00 for two (2) Register of Instruments Filed Books No. 67 & 68 for the Clerk’s Office be accepted.

Travel Expenses for Kenneth Wicks and Roy Snell to attend hearing in Tallahassee on proposed rules and regulations for tax assessors to be held by the Florida Air & Water Pollution Control Commission January 16 were approved on motion of Commr. Hoskinson seconded by Commr. Macdonnell and carried.

Architect’s fee to Jack R. Jones & Associate in the amount of $74.12 on contract for repairs to the Lake Memorial Nursing Home, approved on motion of Commr. Carson seconded by Commr. Macdonnell and carried.

On motion of Commr. Carson seconded by Commr. VanAuken and carried, request from the Chamber of Commerce for $2,083.33 for the month of January was approved.

On motion of Commr. Carson seconded by Commr. Macdonnell and carried, the Clerk was authorized to purchase secretarial chair for the Commissioner’s Room, price not to exceed $120.60 as quoted by Lake Office Equipment, Inc.

On motion of Commr. Carson seconded by Commr. VanAuken and carried, Payment No. 6 was approved to Harvey Spears, Contractor, in the amount of $1,628.10 for work performed on the Multi-Purpose Fair Building.

On motion of Commr. Hoskinson seconded by Commr. Macdonnell and carried, Payment No. 2 was approved to Harvey Spears, Contractor, in the amount of $3,966.30 for work performed on the Carnival and Trailer Facilities at the Fairgrounds.

Payment No. 2 in the amount of $8,743.50 for work performed on the Flower Show Building was approved on motion of Commr. VanAuken seconded by Commr. Carson and carried. Payment to be made in accordance with Resolution adopted by the Board on October 7, 1968.

Payment to the East Central Florida Regional Planning Council in the amount of $1,929.35, Lake County’s share of December expenses, was approved on motion of Commr. Hoskinson seconded by Commr. Carson and carried.

Statement from Shoup Voting Machine Corp. covering the purchase of Interlocks and Strap Assemblies under contract dated April 8, 1968 in the sum of $6,244.95 was approved on motion of Commr. Carson seconded by Commr. VanAuken and carried.

On motion of Commr. Hoskinson seconded by Commr. Carson and carried, payments to the South Lake Memorial Hospital in the amount of $85,000 and $25,000 for the Ambulance Service were approved.

Request from the Leesburg General Hospital for $33,000 from taxes collected for the Northwest Lake County Tax District was approved on motion of Commr. Carson seconded by Commr. Hoskinson and carried.

On motion of Commr. Carson seconded by Commr. VanAuken and carried, request from the Tax Assessor for $20,000 advance on commissions on 1969 tax roll was approved.

On motion of Commr. Carson seconded by Commr. VanAuken and carried, the following commissions on 1968 tax roll were approved to the Tax Collector:

Board of County Commissioners $42,981.86

South Lake Hospital 1,433.84

South Lake Ambulance 430.15

Northeast Hospital District 1,022.87

Northwest Hospital District 493.03

On motion of Commr. VanAuken seconded by Commr. Hoskinson and carried, the low bid from Bowen Supply Co. of $114.25 for Domicile Record Book #11 for the Clerk’s Office was approved.

On motion of Commr. Hoskinson seconded by Commr. Macdonnell and carried, the Board adopted a Resolution approving emergency repairs to Caterpillar Grader, County #1207, as follows:

Ring Power Corp. $2,359.09

J. L. Rozier Machinery Co. 1,195.80 (Transmission)

On motion of Commr. Carson seconded by Commr. Hoskinson and carried, the following vouchers were approved for payment:

General Fund	490 – 713
Mosquito Control – State I State II	4 – 11 10 - 14
Auto Inspection	46 – 72
Fine & Forfeiture	55 – 77
Road & Bridge	180 – 267
County Home	1
Bond Interest & Sinking Fund	1
South Lake Memorial Hospital Ambulance	3 – 4 3 - 4
Northeast Lake County Hospital District Ambulance	3 5 – 6
Northwest Lake County Hospital District Ambulance	3 – 4 5 - 6

communications

Copy of letter from Davis, McLin, Burnsed & Austin, Attorneys at Law, to the Florida Industrial Commission regarding claim in behalf of Vivian P. Ritter was filed and referred to the County Attorney.

Invitation to the Board Members to attend Pinellas County Aerospace Exhibition February 7 – 9 was read and filed.

Letter from the Governor informing the Board a Commission for Urban Redevelopment has been created in Florida was read and filed.

Letter from the Erie Technological Products, Inc. was read and referred to the Lake County Chamber of Commerce.

Copy of letter from the State Board of Health regarding plans for an incinerator to serve the Waterman Memorial Hospital was filed.

reports

The following monthly reports were filed:

Veterans Service Officer

Welfare Director

County Agents and Assistants

State Beverage Department regarding distribution and collection of cigarette taxes from sales for the month of October

minutes

On motion of Commr. Carson seconded by Commr. Hoskinson and carried, minutes of regular meeting of January 6, 1969 and minutes of special meeting of January 7, 1969 were approved as submitted.

Representative W. H. Reedy appeared and reminded the members of the Board local bill hearings are scheduled to begin at 5:00 o’clock P.M. in the Commissioners’ Room on Thursday, February 27^th. Mr. Reedy further stated construction on SR 19 from Eustis to Umatilla is now scheduled for 1971-72.

There being no further business to bring before the Board, the meeting adjourned at 5:30 o’clock P.M.

___________________________________ ______________________________

CLERK CHAIRMAN