A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS

mondaY – FEBRUARY 10, 1969

The Board of County Commissioners of Lake County, Florida, convened in regular session in the County Commissioners’ Room in the Courthouse, Tavares, Florida, on Monday, February 10, 1969, at 9:00 o’clock A.M. with the following members present: Commissioner James R. Carson, Jr., Commissioner Alex J. Macdonell, Commissioner J. M. Hoskinson and Commissioner Kenneth VanAuken. Others present were County Attorney, C. E. Duncan, County Engineer Gordon Hays, Jr., County Planner J. C. Watkins, Clerk of Circuit Court Frank E. Owens and Deputy Clerk Norma Coven.

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

meetings

The Board members concurring, the Chairman set February 17, 1969, at 9:00 o’clock A.M. for the Board to hear road requests for the 1969-70 budget and the Clerk was instructed to notify the towns and cities in the county.

indigents

On motion of Commissioner Carson, seconded by Commissioner Hoskinson and carried, the following changes were approved to the present indigent list:

District No.	Change	Amount
1	Delete Eluish Hansbough Delete Eben Miller	$20.15 40.00
2	No change
3	Add Eben Miller	40.00
4	Add Katherine Vorpagel	40.00
5	No change

county property

Commissioner Hoskinson discussed a letter received from Mrs. Gilbert regarding exchange of property between her and the County. She feels she does not have enough land to build on as she had planned. Attorney Duncan advised in order to negotiate further with Mrs. Gilbert, the Board will either have to sell at public bid or exchange equal property after the Board receives appraisals of the two properties. At Commissioner Hoskinson’s request, this matter was deferred until the next County road inspection trip.

road & bridge department

The Engineer was instructed to maintain the boat ramp at Johns Lake and to have the general area cleaned up.

county policy

On motion of Commissioner Carson the proposed policy changes as recommended by the Engineer were approved effective today with the semi-monthly pay periods for the Road and Bridge personnel only being effective March 1, 1969. The Clerk informed the Board the insurance premium deductions will be made at the last pay period in the month. The motion was seconded by Commissioner Macdonell and carried, and upon voting the members voted as follows:

Commissioner Carson Yes

Commissioner Macdonell Yes

Commissioner VanAuken Yes

Commissioner Hoskinson No

bids

It now being 10:00 o’clock A.M. the time advertised to receive bids for resurfacing streets in Tropical Shores, the Chairman directed the Clerk to open and tabulate the bids, whereupon the Clerk reported receiving bids as follows:

Basic Asphalt Corp. 90¢ per sq. yd. $1,836.00

Carroll Contracting Co. 1,530.00

On motion of Commissioner Hoskinson seconded by Commissioner Carson and carried, the bids were referred to the Engineer for study and recommendation to the Board.

road closings

It now being the time advertised to hold a public hearing to consider petition to close portion of Grand Highway and no one appearing to object to the closing, a motion was made by Commissioner Hoskinson seconded by Commissioner VanAuken and carried, that the Board adopt a Resolution to close the following described street:

In Section 29, Township 22, South Range 26 E, all that part of the 30 feet 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 No. 27.

road maintenance

It now being the time advertised to hold a public hearing to consider petition for constructing the following portions of streets pursuant to Chapter 63-1505, Laws of Florida, 1963, the Chairman called for interested persons to be heard at this time:

Road	From	To
Broadvue Avenue	East Crooked Lake Drive	Country Club Road
Waycross Avenue	Country Club Road	Topping Place
Topping Place	Fairway Avenue	Country Club Road
Sunset Drive	Waycross Avenue	Topping Place

All according to the plats of Rainbow Ridge and Broadvue Heights filed and recorded in the public records of Lake County, Florida in Plat Book 11, Page 43 and Plat Book 5, Page 33.

The Clerk submitted a letter from Mr. and Mrs. Edward L. Stahley objecting to the proposed construction. Mr. Stahley was present and said he is not objecting to the resurfacing but to the fact that he has not been told how much it will cost him. Mr. Stahley also asked who will maintain the streets after they are resurfaced.

Mr. Robert Ernest appeared in support of the proposed construction. Mr. Paul Dinsmore also appeared in support of this request.

The Chairman advised the parties before we can quote a figure, the Board must take bids to get a bid price, at which time the Engineer will notify the owners of the cost. On motion of Commissioner Carson, seconded by Commissioner Macdonell and carried, a Resolution was adopted authorizing bids for the construction pursuant to Chapter 63-1505, Laws of Florida, 1963, bids to be received March 10.

Engineer Hays reported the cost to patch and sand seal the entrance road to Lake Harris Shores, including labor, material and equipment, will be $550.00. He was instructed to contact the contractor to determine if the improvements can be made at a lower cost to the property owners.

Engineer Hays submitted petition from residents of Venetian Village to resurface Lois Road, adding the County is not in a position at this time to improve the street. The petition also requested the removal of lily pads from the canals and protection from the public using private property for fishing and camping; also, that a speed limit in the canals be established.

On motion of Commissioner Carson seconded by Commissioner VanAuken and carried, a Resolution was adopted establishing a 5 miles per hour speed limit in the canals and that signs to this effect shall be erected. The Clerk was instructed to notify the petitioners the County does not have the funds to resurface the street and the removal of lily pads from the canals and camping and fishing on private property does not come under the Board’s jurisdiction.

county buildings

Mr. Bill Clements representing the Fair Association was present and informed the Board, the Fair Association would like to name the Fair Buildings in memory of Karl Lehmann and L. L. Polk, and the Flower Show Building in memory of A. H. Ashford. Mr. Clements said the official opening of the buildings will be February 24, 1969, and the Honorable Doyle Conner, Commissioner of Agriculture will be present. Mr. Clements’ request was approved on motion of Commissioner Carson seconded by Commissioner Hoskinson and carried.

road maintenance

Commissioner Hoskinson asked if, due to the cost of maintenance, Lake County can enter into an agreement with Orange County to maintain extension of Orange County roads. Attorney Duncan advised the Board can contract with adjoining counties. Commissioner Hoskinson said he will contact Orange County relative to this.

suits affecting county

On motion of Commissioner VanAuken seconded by Commissioner Hoskinson and carried, the County Attorney was instructed to proceed with the necessary legal action to determine the exact width of the right of way on North George Street in Astor.

Attorney Duncan informed the Board he has met with the attorney for Diamond Salvage Company and has agreed on the form of final judgment to be entered. The judgment will be presented to the Circuit Judge this week.

east central florida regional planning council

Commissioner VanAuken recommended appointments to the Council as follows:

Alfred W. Rehbaum, Jr. - Re-appointed Additional representative

Term ends February 29, 1972

Phillip Conant - Appointed Voting Member

Term ends February 29, 1972

On motion of Commissioner Hoskinson seconded by Commissioner VanAuken and carried, the Board adopted a Resolution expressing appreciation to Mr. Claude E. Lock for his contribution to the Council during his tenure.

laws & legislature

Attorney Duncan reported on his search of the Conflict of Interest Code stating that the County is covered by the State law on Conflict of Interest. Commissioner VanAuken stated it is his belief the Statute was amended in 1967 and requested the Attorney to review the 1967 Act and report on it.

insurance

Mr. Tom Termohlen was present with reference to payroll deductions for Income Protection premiums from County employees. Clerk Owens advised in order to handle this deduction, new checks and ledger sheets must be printed at an approximate cost of $800.00. Commissioner Carson moved the Clerk purchase the new payroll checks and ledger sheets and begin the deductions within 90 days (June payrolls). The motion was seconded by Commissioner Macdonell and carried.

roads – county

The Engineer discussed letter from Norbert P. Sullivan stating he will close County Road 1-7014 if the road is not hard surfaced by March 1. Mr. Hays advised the deed from Dr. Sullivan stipulates that improvements to the road shall be hard surfaced. Approximately five to six thousand dollars involved and ½ mile of road. The Chairman directed the Attorney and Engineer to study this and make their recommendation to the Board.

Commissioner Hoskinson said he has received complaint from Mrs. Thompson that clay from County Road No. 3-1146 is washing in her yard. Action was deferred on this until the next road inspection trip.

insurance

On recommendation of Paul Milton, Mosquito Control Director, and on motion of Commissioner Macdonell, the Board accepted the adjustment of $2,398.72 for International Bulldozer, County No. 2190, which was damaged by fire on December 4, 1968, provided the County may keep the damaged machine for parts.

mosquito control

While Mr. Milton was present, Commissioner Hoskinson discussed the feasibility of air spraying. Mr. Milton said the County has been offered a helicopter by the Surplus Property Division but the big expense is the pesticides and the insurance. He further explained that about one-half the counties in the State have already started air spraying, but he does not feel air spraying would completely replace the fog truck. Mr. Milton said he will pursue this and secure figures on the costs, including maintenance of a helicopter.

county property

The Engineer advised Jim Payne is interested in exchanging property South of Groveland with the County. Have received appraisal from Dalton S. Payne on both properties, however, the title to the County’s property does not seem to be clear. The Attorney was directed to request Jim Payne to secure proof of ownership of the parcel he wants to trade and upon receipt of same the County will secure title to its property.

deeds

On recommendation of the Engineer and on motion of Commissioner Macdonell seconded by Commissioner Carson and carried, deed was accepted conveying the following described property to Lake County and same was ordered recorded in the public records:

Grantors: Henry L. Pringle and wife, Dorothy O. Pringle

Right of way on County Rd. 5-5737 (Learn Rd., Bassville Park). The South 25 feet of: West 815.39 feet of Section 1, Township 19 South, Range 25 East, being also described as part of Lots 5, 6 and 7 of Block 3 of Silver Lake Estate as recorded in Plat Book 5, pages 1 and 2, public records of Lake County, Florida. LESS: Right-of-way for Old Haines Creek Road in said section.

recess and reassembly

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

contracts

At the request of the Board, Mr. Elvin J. Carroll of the Florida Telephone Corp. was present and after satisfactory explanation relative to agreement form to install a complete Series 30, PABX telephone system in the Courthouse, Commissioner Carson moved that the agreement be approved and executed by the Chairman and Clerk. The motion was seconded by Commissioner VanAuken and unanimously carried.

bids

It now being the time advertised to receive bids for the construction of an Information Booth in the Courthouse Lobby, the Chairman called for bids to be delivered to the Clerk. Howell Hopson, Architect, was present and announced have only received one bid. On recommendation of the Architect and on motion of Commissioner Carson seconded by Commissioner VanAuken and carried, the bid was rejected and the Clerk was authorized to re-advertise the bids for March 10, 1969.

checks received

Attorney Duncan presented check from W. F. Austin & Sons in the sum of $672.27 to apply on their note. Letter from them states that the balance will be paid in four equal payments over the next four months.

planning & zoning

On recommendation of the Planning & Zoning Commission and on motion of Commissioner Carson seconded by Commissioner Hoskinson and carried, a Resolution was adopted amending the Planning and Zoning Regulations as they pertain to the following tracts of land, to the classification designated after each description:

1. Units 14, 15, 16, 17 and 18 in Orange Blossom Hills South, a subdivision in Sec. 6, Tp. 18 S.R. 24 E., according to the Plat thereof as recorded in Plat Book 15, Pages 37-O, 37-P, 37-Q, 37-R, 37-S and 37-T, public records of Lake County, Florida;

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

2. The SW ¼ of SE ¼; AND the SE ¼ of SW ¼; ALL in Sec. 36, Tp. 19 S.R. 27 E.;

now classified and zoned as R-1 (Rural Residential), be, and the same is hereby amended, changed and rezoned to Classification A (Agriculture and Rural Enterprises).

3. The South 375 feet of the SE ¼ of SE ¼ in Sec. 3, Tp. 19 S. R. 24 E.;

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

4. From the Northeast corner of Block 19, Silver Lake Estates, in Sec. 9, Tp. 19 S.R. 25 E., according to the Plat thereof, recorded in Plat Book 10, Page 66, public records of Lake County Florida, run thence West along the North line of said Block 19 and Block 18, of said Silver Lake Estates, 594.8 feet to the intersection of the North line of said Block 18 with the Westerly right of way line of State Road 44, and point of beginning of this description. From said point of beginning, run thence South 36°10’ West along and with the said Westerly right of way line of State Road No. 44, 400 feet; thence North 48°10’ West 150 feet; thence North 36°10’ East 276.08 feet to the North line of said Block 18; ;thence East 184.9 feet to the Point of Beginning;

now classified and zoned as R-1A (Rural Residential) with variance, be, and the same is hereby amended, changed and rezoned to Classification C-1 (Rural Commercial District).

On recommendation of the Planning and Zoning Commission and on motion of Commissioner Carson seconded by Commissioner VanAuken and carried the following applications for change of zoning classification were denied:

No. Applicant

3-69-1 John P. Kiser and Ruby B. Kiser

2-69-4 James L. Mabery

5-69-1 Raymond Mattiucci

Consideration was given to the following Conditional Use Permits:

No. Applicant

108-3 Clyde O. Denzer

111-4 Harry F. Glasser

109-4 Miguel Rabanal

113-4 Frank W. Wagner

110-5 Ben M. Crawford

Persons objecting to CUP No. 113-4 were:

Dr. Royston Miller

Joseph C. Jackson, Grove Manager for Karst Citrus

Maynard Burgess appeared supporting the Permit.

Persons objecting to CUP NO. 110-5 were:

Ralph Jones

Persons appearing in support of CUP No. 110-5 were:

Norman Smith, Attorney representing the applicant

The following action was approved by the Board on motion of Commissioner VanAuken seconded by Commissioner Macdonell and carried:

CUP No.

108-3 Approved

111-4 Denied

109-4 Denied

113-4 Approved with certain conditions

110-5 Action deferred until February 17, 1969

On motion of Commissioner Carson seconded by Commissioner Hoskinson and carried, the County Planner was instructed to give his recommendations to the Board with reference to the municipalities throughout the County using the services of the Planning Department and sharing the cost of the department’s expenses.

county agents

On motion of Commissioner Carson seconded by Commissioner Hoskinson and carried, the Board approved salary agreement for Mr. Haddox as outlined in letter from Mr. K. S. McMullen dated January 30, 1969.

motor vehicle inspection

Clerk Owens gave a report of the receipts and expenditures of the Motor Vehicle Inspection Stations through January 1969 and advised the Board cannot expect federal participation after March 1969. On recommendation of the Clerk and on motion of Commissioner Macdonell seconded by Commissioner Carson and carried, the Board authorized payment of $25,000.00 on Motor Vehicle Inspection loan to the First National Bank of Mount Dora.

roads – state

The Clerk presented notice form the State Road Department that public hearing concerning the location and economic effects of the improvement of State Road 19 from Eustis to Umatilla had been cancelled due to recent revisions by the Bureau of Public Roads and will be re-scheduled at a later date.

state road department

Statements of the status of the Secondary Funds and Trust Fund as of December 31, 1968, were filed and copies distributed to each Board member.

tax assessments

The Clerk submitted letter from the Tax Assessor advising of an error in assessment on property of Willa M. Vulgamore for the years 1961 through 1967, resulting in an overpayment of $55.08. On motion of Commissioner Macdonell seconded by Commissioner Carson and carried, the Attorney was directed to apply to the Comptroller for the tax refund.

bonds – miscellaneous

On motion of Commissioner Hoskinson seconded by Commissioner Carson and carried, the following Contractors’ Bonds for Certificates of Competency were approved:

No. 391 R & R Industries, Inc.

392 Darwin D. Mosher

393 Southern Plate Glass & Paint Co.

394 P M B, Inc. dba Little Princess

395 Ralph B. Silvers dba Industrial Roofing Co.

396 Orange Electric Co., Inc.

Firearms Bond for W. E. Woods was approved on motion of Commissioner Carson seconded by Commissioner VanAuken and carried.

permits & licenses

The following use permits were filed by the County Engineer:

To Florida Power Corp. for the construction and maintenance of pole line along County Road 2-3126 between SR 48 and Sun Eden Subdivision.

To the City of Leesburg for the construction and maintenance of a natural gas main along State Road S44C crossing County Roads 1-4807 and 1-4906.

courts

Clerk Owens submitted letter from Circuit Judge John W. Booth advising the Governor has appointed Mrs. Lois C. Davis as the third Official Court Reporter for the Fifth Judicial Circuit.

salaries & wages

On recommendation of the County Planner and on motion of Commissioner Hoskinson seconded by Commissioner Carson and carried, the Board approved the position of Zoning Administrator with an annual salary of $6,000.00, effective March 1, 1969. Mrs. Julia Schaal to be promoted to this position.

funds – transfers

On motion of Commissioner Hoskinson seconded by Commissioner Carson and carried, the Clerk was authorized to transfer $700.00 from the contingency Item in the General Fund to Salaries for the Planning and Zoning Department.

appointments

On motion of Commissioner Carson seconded by Commissioner Hoskinson and carried, Floyd W. Hess was re-appointed to the position of Civil Defense Director.

accounts allowed

On motion of Commissioner VanAuken seconded by Commissioner Carson and carried, the following vouchers were approved for payment:

FUND	NO.
General Revenue Fund	714 – 939
Mosquito Control – State I State II	1217 1519
Motor Vehicle Inspection	73 - 94
Fine & Forfeiture	78 - 100
Road & Bridge	268 – 350
County Home Fund	2 – 3
Health Clinic Fund	1 – 2
NE Lake County Hospital District Ambulance	7
NW Lake County Hospital District Ambulance	7

accounts allowed

Travel Expenses were approved for Paul Milton to attend annual conference at Williamsburg, Virginia on February 23-28, on motion of Commissioner Carson seconded by Commissioner VanAuken and carried.

On motion of Commissioner Carson seconded by Commissioner VanAuken and carried, the Board approved expenditure of $155.00 for slide projector for the Planning Department.

On recommendation of the Small Claims Office and on motion of Commissioner Hoskinson seconded by Commissioner Carson and carried, the second low price from F & R Office Supply, Inc., for $289.95 for 1,500 case binders was approved due to the fact that the low bid was withdrawn due to a lapse in time.

On motion of Commissioner Carson seconded by Commissioner VanAuken and carried, payment to Thompson Brothers Construction Co., was approved in the amount of $1,647.00, for work performed under contract for repairs to the Lake Memorial Nursing Home.

On motion of Commissioner VanAuken seconded by Commissioner Carson and carried, the final payments were approved to Harvey L. Spears, General contractor, as follows:

Lake County Fair Multi-Purpose Building $6,287.40

Lake County Fair Flower Show Building 2,175.30

Lake County Fair Carnival & Trailer Facilities 994.50

On motion of Commissioner Carson seconded by Commissioner Macdonell and carried, the following items were approved for payment:

February allotment to the Lake County Chamber of Commerce - $2,083.33

Architect’s fees to Jack R. Jones & Associate on the Tavares Health Department Building - $3,567.17

East Central Florida Regional Planning Council for January - $853.11

Travel expenses of Doris Babb to attend County Finance Officers Planning Conference in Sarasota, January 30-31.

complaints

The County Planner reported he has received complaint of a house trailer being parked on Picciola Road for a number of years. He was instructed to investigate the complaint and attempt to have the trailer removed.

communications

Copy of letter from the State Board of Health regarding plans for waste water disposal system at the T & R Packing Company, Tavares. Letter was filed.

Copy of letter to the Sheriff from Florida Division of Corrections relative to rules and regulations pertaining to detention facilities – filed.

reports

The following monthly reports were filed:

Veterans Service Officer

Welfare Director

Cigarette tax collections for December

warrants cancelled

Fine & Forfeiture Warrant No. 82, dated December 9, 1968, payable to Luke C. Moore in the amount of $4.00 for service on witness and returned not served was cancelled on motion of Commissioner Carson seconded by Commissioner Macdonell and carried.

There being no further business to bring before the Board, the meeting adjourned at 5:15 o’clock P.M.

___________________________________ ______________________________

CLERK CHAIRMAN