MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS

 MONDAY – june 1, 1970

A regular meeting of the Board of County Commissioners of Lake County, Florida, was held in the Commissioners’ Room in the Courthouse, Tavares, Florida, on Monday, June 1, 1970, at 9:00 o’clock A.M. with the following members present:  James R. Carson, Jr., Chairman; Alex J. Macdonell, J. M. Hoskinson, Thomas J. Windram, and Kenneth VanAuken.  Others present were:  County Attorney C. E. Duncan, Clerk of Circuit Court Frank E. Owens and Deputy Clerk Bernice P. Conner.

The meeting was called to order by the Chairman and the invocation was delivered by Mr. Hoskinson; after which the Pledge of Allegiance was given.

minutes

Action was deferred on the reading of the minutes of May 4, 1970.

county property

Commr. Macdonell reported that he had been in contact with Realtor, Dalton Payne, with reference to the purchase of 10.3 acres of land adjoining the present clay pit in Mascotte.  He was informed that the owner of said land will not put a price on it, but requested that the Commissioners make an offer.  Commr. Macdonell suggested that the Board make an offer of $8500.00 for this acreage, and said that there is $10,000.00 in the budget for clay pits.  Attorney Duncan was requested to secure an appraisal of the property and file it with the Board before an offer is made for the property.

Commr. Macdonell also suggested that there should be an inventory made of all the clay in Lake County contained in the 33 clay pits owned by the County, to ascertain how much clay is on hand.

inventory

With reference to the Photostat machines and equipment, Clerk Owens said that apparently no one is going to purchase it and that it should be declared as surplus and turned over to Gene Smith to be hauled away.  Motion by Commr. Hoskinson seconded by Commr. Macdonell and carried, that the old Photostat equipment presently stored in the back of the Tax Assessor’s Office be declared of no value and disposed of.

bids

On motion by Commr. Macdonell seconded by Commr. Hoskinson and carried, the Clerk was authorized to advertise for bids on two (2) 10 cu. yd. dump trucks, said bids to be received at the first meeting in July subject to review of the penalty clause.

animals

There was considerable discussion with reference to the expansion of facilities to take care of the dogs being picked up in the County.  Chairman Carson was instructed by the Board to contact the Leesburg City Manager, M. W. “Pat” Thomas, to see if a merger plan cannot be implemented.

contracts and agreements

Chairman Carson brought up for discussion the contract with Triangle Metal & Paper Salvage with reference to junk cars and equipment.  There was extensive discussion with reference to the removing and disposing of the junk, also as to whether or not the Contact is exclusive. Commr. Macdonell said that Mr. Pennington will haul the junk for nothing, South of Howey and including Howey.  It was decided that tires should be excluded as far as burning is concerned.  Commr. Hoskinson made a motion that the contract be adopted with an amendment excluding the burning of tires, and an amendment changing the period of time from three years to one year.  The motion was seconded by Commr. VanAuken and carried.

county property

It now being the time advertised to consider a proposed exchange of property owned by Lake County and declared as surplus, more particularly described as follows:

The North 500 feet of the East 210 feet of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 3, Township 20 South, Range 24 East;

 

for the following described property owned by Cecil C. Theus and wife, Helen P. Theus and located in Lake County:

THE NORTH 25 FEET OF THE FOLLOWING DESCRIBED PROPERTIES:

 

The West 700 feet of the Southwest quarter of the Northeast quarter of Section 3, Township 20 South, Range 24 East;

 

The Southeast quarter of the Northwest quarter of Section 3, Township 20 South, Range 24 East;

 

and no one appeared to object to said exchange, a Resolution was adopted on motion of Commr. Windram seconded by Commr. VanAuken and carried, authorizing the exchange of properties as set forth above.

It now being the time advertised to consider a petition for exchange of properties between Lake County and Henry E. Schulz and wife, Helene P. Schulz, and no one appeared to object to said exchange, motion was made by Commr. Macdonell that exchange of the following described tract of land owned by Lake County has been declared non-essential for County purposes:

A strip of land 60 feet in width measuring 30 feet on each side of the following described center line:  Commence at a point on State Road 561 located 660 feet North of the south line of Section 5, Township 21 South, Range 25 East, run thence West parallel to the South lines of Sections 5 and 6 in said township and range to the East boundary of Government Lot 7 in Section 6, Township 21 South, Range 26 East;

 

and the following described tract of land owned by Henry E. Schulz and wife, Helene P. Schulz being declared of approximate equal value:

A strip of land 60 feet wide extending 30 feet on each side of the following described center line:

 

 

Begin at the Southwest corner of the Southwest quarter of Section 5, Township 21 South, Range 26 East; and run thence North 35 feet for the point of beginning; thence run East to the Westerly right of way line of State Road 561.  Commence again at the point of beginning and run thence West to the East boundary of Government Lot 7 in Section 6, Township 21 South, Range 26 East;

 

and that such exchange is authorized.  The motion was seconded by Commr. VanAuken and carried.

road closings

It now being the time advertised to hold a public hearing to consider petition to close a road in King Homestead Subdivision, and no one appeared to object to the closing, Commr. Windram said he would like to go and look at the property before action is taken on this matter.  Motion was made by Commr. Windram seconded by Commr. Hoskinson and carried that this matter be deferred until the next regular meeting on June 8, 1970 in order to give Commr. Windram an opportunity to look at the property.

roads – county

On motion of Commr. Macdonell seconded by Commr. Windram and carried, a Resolution was adopted establishing a 35 mile per hour speed limit on County Road #2-1309, also known as the Carter-Jones Road.

On motion of Commr. VanAuken seconded by Commr. Windram and carried, a Resolution was adopted establishing a 35 mile per hour speed limit on County Road #5-5341, known as Northern Avenue leading to Bar Bell Mobile Home Village.

Motion was made by Commr. Macdonell seconded by Commr. Windram and carried, that the form of suggested rules of procedure for acknowledging prescriptive roads, as amended, be adopted provided they shall not apply to applications heretofore made.

roads – subdivisions

Commr. VanAuken brought up that signs were needed on three streets in Bar Bell Mobile Home Village for a speed limit of 20 miles per hour and a speed sign for 15 miles per hour on one street which is County maintained.  Commr. Hoskinson made a motion that the erection of signs be authorized on a cost basis to be paid by the property owners or the parties who want the signs, on roads not maintained by the County.  Commr. VanAuken seconded the motion and it was carried with Commr. Windram dissenting.

D. C. Smith, Rt. 1, Box 447, Leesburg, appeared before the Board with a request for right of way of 50 feet through properties in Bassville Park, but reported that there is one property owner who refuses to give right of way.  He was told by the Board that the Petition cannot be considered until the dissenter is contacted as to what he will do.

roads – state

Clerk Owens presented a letter from the City of Leesburg advising that if the County will install and pay for the traffic signal at the intersection of SR 25/500 and SR S-466-A (Picciola Road) the City will assume full maintenance of the signal; whereupon on motion of Commr. VanAuken, seconded by Commr. Hoskinson and carried, a Resolution was adopted requesting the Department of Transportation to issue a permit for said installation.

road and bridge department

Clark Owens submitted recommendation from the Department of Commerce, Industrial Safety, concerning safety precautions at the District #2 Barn in Mascotte and advised that Alfred Ponds was notified of this on May 22, 1970 and he reports that necessary steps have been taken to correct this.

tax assessor

Request from the Tax Assessor for approval of Certificates of Error and Corrections on the 1969 Tax Roll numbered 170 through 189 was granted on motion of Commr. VanAuken seconded by Commr. Hoskinson and carried.

tax assessments

The Board authorized the Clerk to advertise Notice of Completion of Tax Assessment Roll and Presentation thereof to the Board of County Commissioners on July 6, 1970 at 9:00 o’clock A.M. in the Clerk’s Office.

bonds – misc.

Bonds for carrying firearms for the following were approved on motion of Commr. Windram seconded by Commr. VanAuken and carried:

                        R. A. Clarke

                        Leroy Turner

 

also amended bond on Earl Alger was approved listing a 45 Colt Automatic Pistol in place of a 38 Colt Automatic; also revocation of bond of Albert R. Matt with United States Fidelity and Guaranty Company as surety was approved.

Notice from the Sheriff was read and filed requesting that firearms permit be denied Edgar Rabis in the event one is requested.

Deputy Sheriff bond for Merrell Alexander Allison, Principal, and Hartford Accident & Indemnity Company, Surety, was approved on motion of Commr. Windram seconded by Commr. Macdonell and carried.

Contractors’ bonds for Certificates of Competency were approved for the following:

            No.      403 (Renewal)            Acousti Engineering Co. of Florida

                        503 (New)                   James H. Williams dba E & W Concrete  Contractors

                        504 (New)                   Norman S. Suter

 

county depositories

On motion of Commr. Windram seconded by Commr. Hoskinson and carried, the following were designated as County Depositories for the 1970-71 Fiscal Year:

General Revenue Fund

First State Bank & Trust Co., Eustis

First National Bank & Trust Co., Eustis

First National Bank, Mount Dora

 

Fine and Forfeiture Fund

Citizens Bank of Clermont, Clermont

Peoples State Bank, Groveland

 

Road and Bridge Fund

Citizens National Bank, Leesburg

First National Bank, Leesburg

Bank of Mount Dora, Mount Dora

 

Road & Bridge Special Assessment Fund

Bank of Tavares, Tavares

First National Bank, Mount Dora

Citizens Bank of Clermont, Clermont

Bank of Mount Dora, Mount Dora

Capital Outlay Reserve Fund

    County Buildings

    County Home

 

Umatilla State Bank, Umatilla

Peoples State Bank, Groveland

 

Bond Interest & Sinking Fund

Umatilla State Bank, Umatilla

 

Northeast Lake County Hospital District

First State Bank & Trust Co., Eustis

 

Northeast Lake County Hospital Ambulance Fund

First State Bank & Trust Co., Eustis

 

Northwest Lake County Hospital Ambulance Fund

Citizens National Bank, Leesburg

 

complaints

Chairman Carson read a letter from Robert Kinney of Sylvan Shores concerning a drainage problem on Sylvan Shores Point Drive.  The property owners have requested assistance.  This matter was turned over to Commr. Windram for his attention.

Commr. Windram read a letter from Glenn A. Schrader with reference to drainage ditch from Lake Saunders to Lake Dora.  The letter also complained of Department of Transportation pump that is pumping from Lake Woodward into Lake Saunders.  This matter was referred to Commr. Hoskinson.

licenses and permits

Use Permit issued to Florida Telephone Corp. for the construction and maintenance of buried cable paralleling a portion of County Road #4-4388 between ST 46 and SR 435 was approved.

laws and legislature

Motion by Commr. Hoskinson seconded by Commr. VanAuken that the Board send a wire or Resolution to the Representatives and to Speaker Fred Schultz urging enactment of legislation giving the counties additional funds from the gasoline tax and that this be placed on special order so it can be considered prior to adjournment of the Legislature.  Commr. Macdonell objected to the motion and Commr. VanAuken withdrew his second.

Attorney Duncan brought up General House Bill #4818 with reference to the holding of rock festivals.  Action deferred.

Chairman Carson reported on phone calls made to Representative Craig and others with reference to House Bills 4592 and 4599 and Senate Bill 114.  Rep. Craig advises that these three Bills are being combined into one by a joint conference committee of the House and Senate.  Rep. Craig says he is in favor of this Bill and that it is beneficial both to cities and county.  It concerns 8th cent gas tax to be distributed the same as the 5th, 6th and 7th cent gas tax is distributed now.  It will be applied one-half to the cities and one-half to the County, the cities’ one-half to be applied according to population.

We were assured by the Representatives and Senator that the Bills concerning the race track money and the liquor bill will be taken care of.

recess and reassembly

The meeting recessed for lunch at 11:30 o’clock A.M. and reconvened at 1:30 P.M. to take up the remaining items of business.

LAWS AND LEGISLATURE

On motion of Commr. VanAuken seconded by Commr. Windram and carried, the Board adopted a Resolution to go on record supporting any amendments to the beverage law which will limit the number of licenses authorized to be sold in Lake County, Florida to a basis of license per number in population commensurate with the adjoining counties with particular reference to Orange County.

subdivision regulations

On motion of Commr. Hoskinson seconded by Commr. Windram and carried, a Resolution was adopted, as amended, requiring developers of land in Lake County who do not provide for any improvements or access to individual lots, to include the following first page of the public offering statement:

THE COUNTY GOVERNMENT OF LAKE COUNTY HAS NOT PROMISED OR AGREED AND DOES NOT INTEND TO PROVIDE STREETS, DRAINAGE, WATER, UTILITIES OR ANY OTHER IMPROVEMENTS TO THIS LAND.  NO BUILDING PERMITS WILL BE ISSUED UNLESS AND UNTIL ALL REQUIREMENTS FOR ACCESS, AND ALL ZONING REGULATIONS, SUBDIVISION REGULATIONS AND HEALTH REQUIREMENTS HAVE BEEN MET.

 

COURTHOUSE

Katherine Baker, Supervisor of Elections, appeared before the Board and asked that the Board authorize the reactivation of the extra room in the Courthouse lobby because of the forthcoming elections and because the law requires that the registration books be kept open right up until election time.  For these reasons, the Supervisor will require additional space.  On motion of Commr. Macdonell, seconded by Commr. VanAuken and carried, the temporary quarters for election purposes were reactivated for the time necessary.

inventory

On motion of Commr. Macdonell seconded by Commr. VanAuken and carried, the Board declared obsolete and of no value the following items located at the Lake Memorial Nursing Home:

            Property Number        3560 – Television

                                                3565 – G. E. Air Conditioner

                                                3116 -  Welbilt – Alaskan Air Conditioner

                                                  598 – Fedders Air Conditioner

 

The Board deferred action on the sale of the swivel chair upon which a bid was made, until policy is worked out for the sale of such items.  There was a suggestion by Commr. Windram that all surplus property be put in a central place and listed and a sale held every few months.

Motion was made by Commr. Hoskinson seconded by Commr. Macdonell and carried, that the motion on disposal of Photostat equipment made this morning be rescinded.

Clerk Owens presented a letter from County Judge W. A. Milton, Jr. with reference to the disposition of obsolete books.  Motion was made by Commr. Windram seconded by Commr. Macdonell and carried, that the Judge be relieved of the responsibility for these obsolete books and that the Law Library Board be contacted and given the option to have any they might need, with the balance to be stored in the old Health Department Building.

county agents

The Board approved military leave for Jackson A. Haddox, County Extension Director, beginning June 14, 1970 through June 27, 1970.

condemnation proceedings

Attorney Duncan reported on the condemnation proceedings on Dora Canal.  He thinks maybe something can be worked out and that the matter should be settled before the hearing in July.

county attorney

Chairman Carson read a letter of resignation from Attorney Duncan effective July 1, 1970.  The Commissioners all expressed their regret and commended Attorney Duncan for his long years of faithful service.

indigents

Clerk Owens submitted a memorandum from the Department of Health and Rehabilitative Services to the effect that additional funds of $982.00 have been added to the joint hospital program for indigents.

communications

Communication from Charles W. Otzwirk relative to the inspection station hours was read and filed.

reports

Report from the Veterans Service Officer for May was filed.

contracts and agreements

Amendment to Agreement with the Game and Fresh Water Fish Commission for the seining program on Lakes Yale and Griffin changing the cost to $12,404.76 from Lake County and to $6,202.38 from the Commission was approved on motion of Commr. Windram seconded by Macdonell and carried.

accounts allowed

Request from the Planning Director to purchase an eight drawer filing cabinet in the amount of $217.00 was deferred for the present time.

Payment to the Game and Fresh Water Fish Commission for seining operations in the amount of $12,404.76 was approved by the Board.

On motion of Commr. Macdonell seconded by Commr. Windram and carried, the Board approved payment of interest in the amount of $1,125.00 on the two $25,000.00 notes on the Motor Vehicle Inspection Stations.

Travel expenses for Mr. and Mrs. John Boyd, Juvenile Shelter Superintendent and Matron to attend Annual Workshop at Stetson University, June 8 – 12, 1970, were approved on motion of Commr. Macdonell seconded by Commr. Hoskinson and carried.

Travel expenses for C. W. Sheffield to attend meeting of State Air and Water Pollution Control in Tallahassee on June 9, 1970 were approved on motion of Commr. Windram seconded by Commr. VanAuken and carried.  Commr. Macdonell dissented.

On motion of Commr. Hoskinson seconded by Commr. Windram and carried, the low proposal of $289.45 from Appliance Center of Leesburg, Inc. for General Electric Freezer for the Commodity Warehouse was accepted.

funds – transfer

The Board approved transfer of $289.45 from the Contingency Item in the General Revenue Fund to Acct. #85782, to cover purchase of freezer for the Commodity Warehouse.

There being no further business to bring before the Board, the meeting adjourned at 3:30 o’clock P.M.

 

___________________________________                                                                                                                                                  ______________________________

CLERK                                                                                                                                                                                                           CHAIRMAN