MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
MONDAY – DECEMBER 8, 1969
A regular meeting of the Board of County Commissioners of Lake County, Florida, was held Monday, December 8, 1969, in the County Commissioners’ Room in the Courthouse, Tavares, Florida, at 9:00 o’clock A.M. with the following members present: Thomas J. Windram, Chairman; Commissioners James R. Carson, Jr., Alex J. Macdonell, J. M. Hoskinson and Kenneth VanAuken. Others present were Clerk of Circuit Court Frank E. Owens, County Attorney C. E. Duncan, County Planner James C. Watkins, and Deputy Clerk Norma H. Coven.
The meeting was called to order by the Chairman and the invocation was given by Mr. Hays, after which the Pledge of Allegiance to the Flag was recited by all present.
On motion of Commr. Macdonell seconded by Commr. Carson and carried, the following change was approved to the present indigent list:
District No. 2 – ADD John C. Adler $58.00
Commr. Macdonell reported on his investigation of the space needed for storing old records from the various County offices. All the offices are bogged down with storage problems. The old Health Department Building has a wood roof and in its present condition would not be suitable to use as a storage building. Commr. Macdonell moved that the Clerk notify Jack Jones, Architect, to inspect the roof and make his recommendations to the Board. The motion was seconded by Commr. VanAuken and carried.
Commr. Hoskinson reported he checked with the Florida Telephone Corp. concerning a relief operator and they have no one available. The Juvenile Office has part time help that may be available. Recommend that the relief operator be paid on an hourly basis. Mr. Hoskinson said he will pursue this matter further.
opinions – Legal
On recommendation of Commr. Carson, the Attorney was directed to obtain opinion from the Attorney General relative to a County Ordinance requiring a jail sentence for game and fish poachers in addition to a fine.
Commr. VanAuken made the following motion relative to the office space assigned to Representative Chappell, “That this Board today declare this assigned space for Congressman Chappell in our courthouse be declared vacant, effective today, and that the parties involved be so notified at once; that excerpts from the Florida Statutes covering that portion, which clearly states that the Board of County Commissioners are vested with the assignment of space in County buildings, be forwarded to all heads of departments and agencies now occupying Lake County buildings; that a copy of the March 3rd Resolution be forwarded to these same departments; that the Clerk include in the letter of notification that this information shall be disseminated to all County employees, and that the Clerk shall notify this Board when this action has been taken.” Commr. Hoskinson seconded the motion for discussion.
Commr. Carson stated, “This came about through an error on my part that the Board was not properly informed of this action. I thought I discussed it with the Board and I told Judge Hall I thought it would be all right. I apologize for not having discussed the matter with the Board and putting the Board in this position. Judge Hall has said the space provided would be made available to any other Legislator or Congressman and the room that is being used is a jury conference room and assigned as a conference room for attorneys and clients during trials.”
Chairman Windram said Mr. Carson did mention this to him when he received the request from Judge Hall. Did not understand that it would be on a regularly scheduled basis.
Commr. Hoskinson offered a substitute motion as follows: “The Board will write to Congressman Chappell thanking him for his interest in Lake County but that due to an apparent misunderstanding this space cannot be used on a permanent type or regularly scheduled basis because of possible conflicts in the normal Courthouse use of the space. We will be glad to make any space available to any of the County elected officials, including Members in Congress, upon their request to the Board of County Commissioners for approval for a specific date.” The motion was seconded by Commr. Macdonell and carried. Commr. VanAuken voted against the motion.
Clerk Owens brought to the Board’s attention the Commissioners’ Room has been used in the past by the Florida Industrial Commission for Workmen’s Compensation hearings, the Jury Commission and when the Courtroom is in use the Circuit Judge has used the room on occasions. It was the Board’s opinion that these uses are County business and space shall be provided for all County business.
It now being the time advertised to receive bids on one (1) new current model Motor Grader, the Chairman directed the Clerk to open and tabulate the bids, whereupon, Clerk Owens reported receiving the following bids:
Adams Construction Equipment Co. $31,605.00
Trade Allowance 7,900.00
F.O.B. Leesburg $23,705.00
H. F. Mason Equipment Corp. $31,462.00
Trade Allowance 8,977.00
F.O.B. Leesburg $22,485.00
State Tractor & Equipment Co., Inc. $33,374.00
Trade Allowance 13,587.20
F.O.B. Leesburg $19,786.80
On motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, the bids were referred to the Engineer for study and recommendation to the Board.
Later in the day the Engineer recommended that the bid from State Tractor & Equipment Co., Inc. be accepted; whereupon, on motion of Commr. Hoskinson seconded by Commr. Macdonell and carried, the low bid of State Tractor & Equipment Co., Inc. was accepted as the lowest and best bid.
Chairman Windram asked the Clerk what would be the objection to the County buying treasury bills which pay 7 to 7-3/4% instead of placing funds on time deposit at 4-1/2 to 5%. Mr. Owens advised it is impossible to tell when we will need the money and the banks have never penalized the County for drawing down funds when needed without 30 days’ notice. If you buy treasury bills, you will be reinvesting County funds outside the County. The Chairman instructed Mr. Carson to work with Mr. Owens to determine if this change would be practical.
C. W. Sheffield representing Orange County and Joe Hill and Ted Wicks of the Lake County Pollution Control Board were present relative to a proposed program by the Florida Air and Water Pollution Control Board to improve the condition of Lake Apopka. Mr. Sheffield explained the proposed project would include removal of nutrients and treating the water before releasing same downstream. This would eventually flush out the Oklawaha chain of lakes. The project in the future will be known as the Oklawaha Chain Restoration Project. Chairman Windram asked for the recommendation of the Lake County Pollution Control Board concerning the proposed project. Mr. Sheffield said he is meeting with the members today. Chairman Windram said we will withhold action on this until we have the decision of the local Board.
Later in the day Mr. Hill appeared and submitted recommendation approving the engineering study only and that more information be made available regarding the specific details of any restoration project before a specific plan is approved.
On motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, the Board accepted the recommendation of the Pollution Control Board and requested that more information be made available concerning details of the restoration project before a specific plan is approved.
C. J. Pearson, Jr. appeared relative to a triangular tract of land adjacent to SR 500 East of Leesburg, which he would like closed. Engineer Hays advised this is in Mt. Vernon Subdivision and in 1966 a portion of the streets were closed with the stipulation that the County reserve 100 feet from the center line of SR 500 for right of way. On recommendation of the Attorney and on motion of Commr. Hoskinson seconded by Commr. Carson and carried, the Attorney was instructed to have a title search made on the property in question.
road and bridge department
Commr. VanAuken reported he met with Emmett Hill and looked at the clay pit Mr. Hill owns in Marion County and it is not as large as he expected. He asked the Engineer to inspect this property.
Commr. VanAuken reported he visited the Juvenile Shelter with reference to the recommendations made by Mr. Knight. Found some of the problems have been corrected. Recommend the two large trees near the Engineering Building parking area be removed and that certain shrubs near the building be relocated. The shack on the back of the lot could be used as an outdoor recreational building. On motion of Commr. Hoskinson seconded by Commr. Carson and carried, the Engineer was instructed to move the trees and shrubs and minor repairs to the building and shed were approved.
On recommendation of the Attorney and on motion of Commr. Hoskinson seconded by Commr. Carson and carried, quitclaim deed conveying the following described property to Thomas F. Corbett as Trustee of the City of Orlando was approved for the purpose of clearing title on property included in Chancery Case #7869 brought by Lake County against certain lands for the purpose of foreclosing tax liens and said property was carried on through the suit included in the Final Decree:
Northeast quarter of Southeast quarter of Section 8, Township 18 S., Range 28 East.
On motion of Commr. Carson seconded by Commr. Macdonell and carried, the Ordinance authorizing and empowering Lake County to establish and operate a garbage collection and disposal service was read by title only and placed on final passage. (See Ordinance No. 1)
roads – state
Engineer Hays advised with reference to the installation of blinker caution lights on State roads, whether primary or secondary, the cost of the unit, erection and maintenance must come from local funds. The Department of Transportation decides what type light will be installed.
Engineer Hays further advised relative to the installation of flasher type school signals at several locations throughout the County, all the cities have agreed to pay the operation and maintenance cost with the exception of Eustis and letter from them should be forthcoming. On motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, a Resolution was adopted requesting the Department of Transportation to install Flashing School Crossing Signals at the following locations.
1. Section 11240 at SLD MP 6.482, SR 500-A (Clayton Street) in Mt. Dora
2. Section 11240 at SLD MP 6.612, SR 500-A (N. Highland Street) in Mt. Dora
3. Section 11010 at SLD MP 4.575, SR 44 (Lee Street) in Leesburg
4. Section 11010 at SLD MP 5.678, SR 44 (East Street) in Leesburg
5. Section 11050 at SLD MP 13.091, SR 19 (Taylor Avenue) in Eustis
On motion of Commr. Carson seconded by Commr. Hoskinson and carried, a Resolution was adopted requesting the Department of Transportation to install Flashing School Crossing Signal at the following location:
1. Section 11530 at SLD MP 2.542, SR-S-466A (College Avenue) in Fruitland Park
Memorandum of Agreement between the Department of Transportation and Lake County pertaining to the installation of a Flashing School Crossing Signal at entrance to the Leesburg Junior High School on SR 44-B (Griffin Road), was approved on motion of Commr. Carson seconded by Commr. VanAuken and carried.
road and bridge department
On motion of Commr. VanAuken seconded by Commr. Carson and carried, the Engineer was authorized to purchase clay and sand from Mr. Lowery at Astor at a cost of 50¢ per cu.yd. for clay and 25¢ per cu.yd. for sand.
On motion of Commr. VanAuken seconded by Commr. Carson and carried, a Resolution was adopted changing the name of the Lake County Civil Defense Council to the Lake County Planning Department – Emergency Planning Division.
recess and reassembly
The meeting 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.
Engineer Hays submitted proposal form prepared by Seminole County on Total Cost Bidding. The Attorney was directed to review the proposal and make his recommendations to the Board.
County Attorney Duncan presented letter from the Office of the County Judges which reads in part as follows: “Judge Huffstetler and I are satisfied that we will be able to comply with the Attorney General’s opinion very easily and will make provisions in our fines and forfeitures for adequate assessments to cover all fees to the payment of the prosecuting attorney’s salary growing out of such cases.”
laws and legislature
On motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, a Resolution was adopted encouraging the Legislature to pass a Bill for more equitable distribution of funds to finance County Health Program.
Clerk Owens submitted letter from Representative Cecil L. Bothwell, Jr. relative to House Bill 3179 providing for any increase in proceeds received by the State from pari-mutuel facilities, beyond that received for Fiscal 1968, shall be distributed among the District School Boards in proportion to the average daily attendance of the schools under each Board’s jurisdiction for the previously reported school year. The Bill also provides amounts equal to or less than the amount received by the State from these revenue sources shall continue to be distributed as has been done in the past, on the basis of equal shares to each County. On motion of Commr. Carson seconded by Commr. Hoskinson and carried, the Attorney was instructed to advise Rep. Bothwell that Lake County disapproves of the bill; and, also, to request the Lake County Legislature to work to defeat the Bill.
Certificates of Errors and Corrections on the 1969 Tax Roll numbered 1 through 113 were approved on motion of Commr. Carson, seconded by Commr. Hoskinson and carried.
licenses and permits
The following Use Permits were filed by the County Engineer:
No. 170 to Fla. Telephone Corp. for the construction and maintenance of buried cable paralleling and crossing a portion of County Road 3-4664 between SR 19-A and County Rd. 4-4465.
No. 172 to Fla. Telephone Corp. for the construction and maintenance of buried cable paralleling and crossing a portion of County Road 3-4463 between SR 19-A and Elray Blvd.
No. 173 to Fla. Telephone Corp. for the construction and maintenance of buried cable crossing County Road 3-4561 between SR 500 and County Road 3-4463.
No. 180 to Fla. Telephone Corp. for the construction and maintenance of buried cable paralleling and aerial crossing a portion of County Road 3-4260 between SR S-452 and Old U.S. 441.
No. 181 to Fla. Telephone Corp. for the construction and maintenance of aerial wire paralleling a portion of County Road 1-6903 between SR 466 and County Road 1-6602.
To L. Kriegbaum for the construction and maintenance of 1” water line across County Road 3-1741.
bonds – misc.
On motion of Commr. VanAuken seconded by Commr. Macdonell and carried, contractors’ bonds for Certificates of Competency were approved for the following:
Renewals – No. 139-70 Al’s Heating & Cooling Systems, Inc.
215-70 J. W. Glasser and Modern Builders, Inc.
345-70 D. C. Padgett
36-70 Albert L. Knouse
98-70 Roger I. Pinkston
99-70 George H. Guerry dba Guerry Construction & Development Co.
138-70 Lyle Tinney dba Tinney and Son
273-70 Lloyd A. Drew
195-70 Frank’s Plumbing Service
206-70 Ray Wood
209-70 Ozell Smith
210-70 Murphy & Jenkins
308-70 Ramond B. Savarese and/or Shubert Construction Co., Inc.
323-70 Stanley V. Ruff dba Artcraft Sign Co., Inc.
366-70 J. O. Rutland
370-70 R. W. Harper
381-70 Sherman Leo Walker, Jr. & Robert Walker dba Walker Custom Pools
384-70 John R. Allen dba Bob Allen Roofing
396-70 John L. Dollins dba Orange Electric Co.
409-70 Roy A. Crawford
planning and zoning
Mr. Watkins informed the Board his office has written the owner of the house in Lisbon to either have the house removed or bring it up to the building standards. Advised her we must have a reply by December 18, 1969.
On motion of Commr. Carson seconded by Commr. VanAuken and carried, the County Planner was instructed to notify the developers of Paradise Hills Subdivision they must comply with the subdivision regulations.
On recommendation of the County Planner and on motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, the Board approved modular home construction for single family dwelling units, with the exception of the R-1A zone, subject to requirements for securing a building permit.
Mr. Watkins informed the Board that notices have been sent to all junk yard operators that they must comply with the State law to screen the junk yards. The Court fined the Housing and Development Corp. of Orlando $100.00 for not complying with the regulations.
Mr. Watkins advised Mr. Yeager has never signed and returned Conditional Use Permit No. 127-3 and the area is in much worse condition. He was directed to pursue this violation of the zoning regulations.
On recommendation of the Planning and Zoning Commission and on motion of Commr. Macdonell seconded by Commr. Carson and carried, a Resolution was adopted amending the Zoning Rules and Regulations as they pertain to the following Tracts of Land, to the Classification designated after each description:
Commr. Hoskinson voted against Case No. 76-69-3, change of zoning from Agricultural to Commercial (retail service station).
(SEE RESOLUTION ON PAGE 574 OF COUNTY COMMISSIONERS’ MINUTE BOOK 21, LAKE COUNTY, FLORIDA.)
On motion of Commr. Hoskinson seconded by Commr. Carson and carried, the following Conditional Use Permits were approved:
Mr. Watkins filed Resolution adopted by the Board of Zoning Appeals approving Appeal Case No. BZA-69-9 and Case No. BZA-69-8.
roads – subdivisions
On motion of Commr. Carson seconded by Commr. VanAuken and carried, a Resolution was adopted stipulating that 6% interest per annum effective June 1, 1969 be paid on $929.07 advanced by Mrs. Virginia D. Gillis for the paving of streets in Broadvue Heights and Rainbow Ridge Subdivisions under Chapter 63-1505, Laws of Florida.
roads – state
Clerk Owens read a letter from the Department of Transportation relative to the Board’s request for erection of “caution” and “trucks entering highway” signs at the entrance road to the Jahna Sand Mine. The letter states a field investigation of this situation does not warrant warning signs at this location.
roads – county
Engineer Hays filed Annual Construction Cost Report for the Fiscal Year 1968-69.
On motion of Commr. Hoskinson seconded by Commr. Carson and carried, the Board approved refund to E. S. Burnett of the difference of the actual cost of railroad crossing and the amount advanced by Mr. Burnett.
Travel expenses were approved for the Pollution Control Board members to attend meeting in Tallahassee with the State Board relative to Lake County’s program and Rules and Regulation on pollution.
On motion of Commr. VanAuken seconded by Commr. Hoskinson and carried, the low quotation of $445.00 from Southern Printing Company to furnish Olivetti Printing Calculator for the Finance Department was accepted.
Request from the Chamber of Commerce for $2,083.33 for December expenses was approved on motion of Commr. Carson seconded by Commr. VanAuken and carried.
On motion of Commr. Hoskinson seconded by Commr. Carson and carried, the Board approved expenditure of $842.97 to the E. Central Florida Regional Planning Council, anticipated expenditures for December.
Final payments on two contracts with Shoup Voting Machine Corp. in the amounts of $6,207.24 and $6,184.90 were approved on motion of Commr. Carson seconded by Commr. VanAuken and carried.
Request from the Tax Collector for $38,635.09 commissions on taxes collected on 1968 taxes was approved on motion of Commr. Carson seconded by Commr. Hoskinson and carried.
Repairs to General Electric Air Conditioner compressor located at the Surplus Commodity Warehouse in the amount of $181.00 were approved on motion of Commr. Carson seconded by Commr. Hoskinson and carried.
Travel expenses for J. W. Bryant were approved on motion of Commr. VanAuken seconded by Commr. Carson and carried, as follows:
December 10, 1969 – Jacksonville – Veteran’s Administration
December 17, 1969 – St. Petersburg – Veteran’s Administration and Florida Division of Veteran Affairs
Reimbursement of travel expenses in the amount of $35.03 for Mary Hamner and Doris Maynard to attend Nursing Home Seminar in Winter Park on November 20 and 21 was approved on motion of Commr. VanAuken seconded by Commr. Carson and carried.
On motion of Commr. Hoskinson seconded by Commr. Macdonell and carried, the following vouchers were approved for payment:
General Revenue Fund
Nos. 245 - 458
Mosquito Control State I
5A – 10
Mosquito Control State II
15 – 20
Auto Inspection Fund
31 – 55
Fine and Forfeiture Fund
27A – 47
Road and Bridge Fund
95A – 182
Bond Interest and Sinking Fund
South Lake Memorial Hospital
South Lake Memorial Hospital – Ambulance Fund
Northeast Lake County Hospital
Northeast Lake County Hospital – Ambulance Fund
3 – 4
Northwest Lake County Hospital
Northwest Lake County Hospital – Ambulance Fund
3 - 4
funds – transfer
On motion of Commr. Carson seconded by Commr. Hoskinson and carried, the Clerk was authorized to transfer $181.00 from the Contingency Item in the General Revenue Fund to Account #55723, Maintenance of Equipment.
On motion of Commr. Carson seconded by Commr. Macdonell and carried, the Board approved January 1 and 2, 1970 holidays for County employees.
Resolution adopted by Jackson County opposing the consolidation of counties was read and filed.
The following monthly reports were filed with the Board:
Veterans Service Officer
Cigarette Tax Collections and Distributions for September
Supervisor of Surplus Commodity Warehouse
There being no further business to bring before the Board, the meeting adjourned at 4:00 o’clock P.M.