MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS

 MONDAY – JUNE 15, 1970

The Board of County Commissioners of Lake County, Florida, convened in regular session in the Commissioners’ Room in the Courthouse, Tavares, Florida, on Monday, June 15, 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.  Also present were:  County Attorney C. E. Duncan, County Engineer Gordon Hays, Jr., Clerk of Circuit Court Frank E. Owens and Deputy Clerk Norma H. Coven.

The Chairman called the meeting to order and delivered the invocation after which the Pledge of Allegiance to the Flag was presented.

courthouse

On motion of Commr. Macdonell seconded by Commr. Hoskinson and carried, the Board requested that the Pollution Control Board make recommendation concerning the Courthouse sewage treatment plant.

Commr. Hoskinson reported he has been unable to obtain a firm price on the remodeling in the Circuit Court Jury Room and asked the members to view this during the lunch hour.

county employees

On motion of Commr. Hoskinson seconded by Commr. Windram and carried, vacation leave was approved for Mary Hamner for the first two weeks in July.

leases

Commr. Hoskinson advised the lease on County clay pit with the Town of Astatula expires August 2, 1970, and the Town is interested in renewing the lease for a long term.  Commr. Macdonell recommended that a survey be made to determine if any clay is left in the pit.  This was referred to Mr. Hoskinson for further investigation.

redistricting

Commr. VanAuken asked if the members of the Board have any plans to redistrict the County.  Chairman Carson advised we cannot do this until we receive the census figures.

road and bridge department

Commr. Hoskinson recommended that the Road and Bridge Department stock oil and air filters in order to purchase them at a savings at dealer’s prices.  He will discuss this further with the Road Superintendent.

roads – county

On motion of Commr. VanAuken seconded by Commr. Macdonell and carried, a Resolution was adopted designating Lloyd Street in Astor, Florida, as County Road #5-9687 and that said road be placed on the County Road System for periodic maintenance and care.

On motion of Commr. Windram seconded by Commr. Hoskinson and carried, County Road #4-4365 in Dora Manor be removed from the construction priority list and County Road #4-5263, South Street in Eustis, be substituted because of the necessary maintenance need on this road.

Commr. VanAuken reported the 600 ft. extension to County #5-5874 has been dedicated to the public.

With references to better access to Bates Avenue School, Chairman Carson reported he has discussed this with the Department of Transportation and they will work with us on secondary funds.  He will discuss this with the School Board.

roads – state

On motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, a Resolution was adopted that the Sheriff’s Department and the Department of Safety for the State of Florida be advised of the violations of speed and load laws of trucks traversing State Road 448 through Lake Jem and that said Departments be requested to more vigorously enforce the speed limit along said highway as posted and require more strict conformance to the law as to load limits and speed.

bids

On recommendation of the attorney and on motion of Commr. Windram seconded by Commr. VanAuken and carried, the Clerk was authorized to re-advertise the bids for the purchase of two 10 yd. dump trucks as “1970 models or later.”  Bids to be received on July 6, 1970.

It now being the time advertised to receive bids on the following items, the Chairman directed the Clerk to open and tabulate the bids, whereupon, the Clerk reported receiving the following bids:

STEEL WHEEL TANDEM ROLLER –

            Florida Equipment Co. of Orlando    - Rexrol

                        Gasoline Engine                     $8,343.90

                        Diesel Engine                           9,825.80

 

            State Tractor & Equipment Co., Inc. – Galion

                        Gasoline Engine                     8,386.00

                        Diesel Engine                         9,313.00

 

On motion of Commr. Windram seconded by Commr. Macdonell and carried, the Board referred the bids to the Committee for study and recommendation.

WORKMEN’S COMPENSATION INSURANCE    

            Consolidated Insurance Agency         (Aetna)

            Geiger, Holstein, Church, Inc.           (The Travelers and National – Ben

                                                                         Franklin Ins. Co.)

            H. S. Hamrick Insurance                    (Home Indemnity Co. of N.Y.)

            James C. Noblitt                                 (Nationwide Mutual Ins. Co.)

            Simpson-Waite, Inc.                           (National-Ben Franklin Ins. Co., and

                                                                         Insurance Co. of North America)

 

Commr. Hoskinson moved that the bids be taken under advisement and the successful bidder will be notified on or before June 30, 1970.  The motion was seconded by Commr. Windram and carried.

planning and zoning

At eleven o’clock the County Planning Director appeared with Walter McLin and Dewey Burnsed, Attorneys for Royal Palm Beach Colony, Inc., developers of a proposed 11,000 acre recreation campsite in the Paisley area from SR 44 to SR 42.  Art Wood, engineer for the project, was also present.  After considerable discussion and hearing several objections to the plan, Mr. Watkins recommended that the Board members, as well as himself, view similar projects already developed by the owners.  The Board approved for Mr. Watkins to review and familiarize himself with the developers’ proposal for presentation to the Board with the understanding that this action does not mean acceptance or approval by the Board.

recess and reassembly

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

road maintenance – subdivisions

Robert Dodson representing Lake Yale Retreat Mobile Home Village was present concerning improvements to the roads in the village.  Clerk Owens advised the deed for the right of way has been recorded and will so notify the road superintendent.

civil defense

On motion of Commr. VanAuken seconded by Commr. Hoskinson and carried, the Board approved Step II of the Lake County Community Shelter Plan.

maps and plats

The Planning Director presented Plat of Birr Park in the Sorrento Area advising that the plat meets all County specifications.  On recommendation of the Attorney, approval was withheld pending receipt of title opinion.

planning and zoning

On recommendation of the Planning Director and on motion of Commr. Hoskinson, seconded by Commr. Windram and carried, a Resolution was adopted amending the fee structure of the Zoning Rules and Regulations as follows:

R-3 Mobile Home Park, Paragraph 2, Sub Paragraph A, Item 6 A flat fee of $25.00 will be charged, eliminating the $1.00 fee per lot.

 

On recommendation of the Planning and Zoning Commission and on motion of Commr. Windram seconded by Commr. Hoskinson and carried, the Zoning Rules and Regulations were amended as they pertain to the following described tracts of land:

1.           Case #32-70-2:  In Sec. 15, Tp. 20 S. R. 24 E.: Lot 9 and the South 24 feet of Lot 10, Block “U” according to the plat of Okahumpka (2-1/4 acres).

 

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

 

2.           Case #34-70-3:  In Sec. 27, Tp. 22 S. R. 26 E.:  The West half of the southeast quarter of the Northeast quarter, less the right of way of S. R. #50.  ALSO the East half of the Southeast quarter of the Northeast quarter less the right of way of S. R. #50 (40 acres plus).

 

Now zoned and classified as A (Agricultural and Rural Enterprises), be, and the same is hereby amended, changed, altered and rezoned to R-3 (Mobile Home Park Subdivision).

 

3.           Case #36-70-3:  In Sec. 31, Tp. 19 S. R. 26 E:  Lots 5 and 6 according to the plat of Wisconsin-Michigan Shores recorded in Plat Book 18, page 6, Public Records of Lake County, Florida.

 

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

 

4.           Case #37-70-5:  In Sec. 18, Tp. 19 S. R. 26 E.:  Commencing at the Northwest corner, run thence East along the North section line 895.20 feet, thence North 25 ft. to the Point of Beginning, run thence North 175 ft., thence East 65 ft., thence South 175 ft., thence West 65 ft. to the P. O. B. (Said tract also known as Lot 13 of Western Shores Subdivision, an unrecorded plat.)  Commencing at the Northwest corner, run thence East along the North section line 1031.51 ft., thence North 25 feet to the Point of Beginning, said P.O.B. being the point of beginning of a curve to the right having a radius of 25 ft., run thence Northerly along the arc of said curve through a central angle of 100 degrees 51 minutes for a distance of 44 ft. to the end of said 25 ft. radius curve, thence North 147.94 ft., thence West 68.02 ft., thence South 175 ft., thence East 71.31 ft. to the P. O. B.  (Said tract also known as Lot 14 of Western Shores Subdivision, an unrecorded plat.)  (about ½ acre).

 

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

 

Also approved in the preceding motion were Conditional Use Permits No. 192-1 and 193-2; and Rezoning Case No. 35-70-4 was denied.

Rezoning Case No. 33-70-5 and Conditional Use Permit No. 188-5 were presented for consideration and the Chairman called for interested parties to be heard.  James W. Durden, Attorney, appeared representing the owner, Land O’ Lakes Lodge #656.  On motion of Commr. Macdonell seconded by Commr. Hoskinson and carried, the Board deferred action on CUP 188-5 until July 6, 1970 at 2:00 o’clock P.M.  On motion of Commr. Macdonell seconded by Commr. Windram and carried, the Board accepted the recommendation of the Planning and Zoning Commission and denied the rezoning request, Case No. 33 -70-5.

Conditional Use Permit No. 191-2 was presented for consideration and the Chairman called for interested parties to be heard.

T. J. Rawls appeared and objected to the permit.

Theodore R. Wayne, the applicant, appeared and requested that the permit be denied without prejudice.

Richard Toole appeared in support of Mr. Wayne’s request that the permit be denied without prejudice.

On motion of Commr. Windram, seconded by Commr. VanAuken and carried, the Board denied the permit without prejudice.

On motion of Commr. Macdonell seconded by Commr. VanAuken and carried, the Board instructed the Planning Director to notify W. R. Yeager and Frank Wilkins that Conditional Use Permit is in violation and is no longer valid.

Mr. Watkins advised that Triangle Auto Parts is in violation of the zoning regulations and that the plans around Diamond Auto Salvage have died.  The Attorney was instructed to pursue the suit against Diamond.

road closings

Clerk Owens read a letter from the Town of Astatula opposing the closing of any streets in the Town and asking to be informed of any changes in County roads or property that would affect the Town.  On motion of Commr. Windram seconded by Commr. VanAuken and carried, the Clerk was instructed to advise the Town of Astatula that they will be notified in the future of any road closings considered by the Board affecting the Town.

roads – county

The Clerk submitted letter from Joseph E. Holmes requesting “No Dumping” signs be erected on Montclair Road and same was referred to the Mosquito Control Director.

On motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, a Resolution was adopted accepting Winters Road, County #3-1464, as a County maintained road and including same in the road system.

deeds

On recommendation of the Survey Party Chief and on motion of Commr. Macdonell, seconded by Commr. VanAuken and carried, deed was accepted form Ellen W. Lorenz for the following described road right of way:  (Mohawk Road)

The West 35 feet of the East one-half of Section 17, Township 22 South, Range 26 East (County Road 3-1548), lying between the Atlantic Coast Line Railroad right of way and Old State Road 50 (County Road 3-1653); AND

 

The East 15 feet of the West one-half of Section 17, Township 22 South, Range 26 East; lying between the Atlantic Coast Line Railroad right of way and Old SR 50.

 

contracts and agreements

On recommendation of the Road Superintendent and on motion of Commr. VanAuken seconded by Commr. Windram and carried, the Board approved renewal of agreement with A. G. Lowrie, Astor, Florida, to furnish Lake County clay in the ground for 25¢ per cubic yard for a period of six (6) months.

bonds – misc.

On motion of Commr. VanAuken seconded by Commr. Windram and carried, the following bonds were approved:

Deputy Sheriff bond for Mitchell Devon Brown with Hartford Accident and Indemnity       Co. as Surety.

 

Contractors’ bonds for Certificates of Competency:

 

            No. 505 – Ed Kilby, Master electrician for Interstate Electric Co., Inc.

                  506 – James D. Crowson

                   507 – Tropical Screens, Inc.

 

and approved cancellation of Bond No. 436 – Reed Joseph Co., Inc.

On motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, Bond for Carrying Firearms for Shirley P. Hovis was approved.

licenses and permits

Permission was granted to Florida Telephone Corp. to install an overhead wire crossing Haines Creek located at SR 44, on motion of Commr. Hoskinson seconded by Commr. Windram and carried.

Use Permit No. 213 to Florida Telephone Corp. for the construction and maintenance of buried cable paralleling a portion of County Road #2-0421 between SR 33 and Berry Groves was approved.

hospitals

Application to the W. T. Edwards Tuberculosis Hospital for Oscar (Bobby) Evans was approved on motion of Commr. Windram seconded by Commr. Macdonell and carried.

federal agencies

Notice was read and filed from the U. S. Department of Agriculture, Forest Service, that the Service is considering the acquisition of 233.78 acres in fractional Section 6, Township 17 South, Range 29 East, for addition to the Ocala National Forest.

prisoners

Letter of complaint from the wife of a prisoner in the Lake County Jail to the Governor was referred to the Attorney to investigate with the Sheriff and Public Defender.

public health

On motion of Commr. Macdonell seconded by Commr. Windram and carried, the Mosquito Control Director was authorized to erect the following signs at the designated disposal areas:

            Free Junk Car Disposal

            No Scavenging - $100.00 Fine

Attorney Duncan reported that Orange County has a special Act giving authority to tax property for clearing and removal of debris.  Lake County does not have this authority.

COUNTY PROSECUTOR

Letter of resignation from Morton D. Aulls as County Prosecutor effective June 30, 1970 was read and on motion of Commr. Windram seconded by Commr. VanAuken and carried, a Resolution was adopted commending him for his diligent and faithful service to the people of Lake County as County Prosecuting Attorney during the past 1-1/2 years.

communications

Clerk Owens submitted letter the Attorney wrote W. F. Austin concerning note due the County which is past due.

Copy of letter from State Air & Water Pollution Control Department regarding Platt Dairy Muck Farm was filed.

Copy of letter from the County Health Department to Judge Milton regarding Lake County Boys Ranch was filed.

Copy of letter from the State Department of Health and Rehabilitative Services relative to Oak Lane Trailer Park was filed.

Letter from Sam Commander, Director, Earth-Space Science & Conservation Center, commending Terrell Davis, Farm Forester, for his assistance and guidance in developing the Environmental Resource Conservation Program was read and filed.

reports

Report of the distribution of cigarette taxes for the month of April was filed.

Monthly report form the Director of the Welfare Department was filed.

checks received

On motion of Commr. Macdonell seconded by Commr. VanAuken and carried, the Board accepted the check from Aetna Insurance Company in the amount of $1,181.00 as settlement of claim on County Dump Truck.

accounts allowed

On motion of Commr. VanAuken seconded by Commr. Windram and carried, the Board approved the purchase of IBM typewriter for the Planning Department in the sum of $486.00.  Commr. Macdonell voted against the motion.

On motion of Commr. Windram seconded by Commr. Macdonell and carried, payment of $11,000.00 to the Leesburg General Hospital was approved.

Payment No. 1 to A. W. Smith & Son in the amount of $9,643.50 for work performed on the Lake Memorial Nursing Home was approved on motion of Commr. Windram seconded by Commr. VanAuken and carried.

Request from the County Extension Director to purchase horticultural publication at a cost of $54.50 plus $1.50 for mailing, was approved on motion of Commr. Windram seconded by Commr. Hoskinson and carried.  Commr. Macdonell voted “No.”

funds – transfer

On recommendation of the Planning Director and on motion of Commr. Hoskinson, seconded by Commr. Windram and carried, the Board approved the transfer of $1,000.00 in the Planning and Zoning Budget from Acct. #67645, Contracting Services, to Acct. #67613, Office Supplies, to cover postage.

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

 

___________________________________                                                                                                                                                  ______________________________

CLERK                                                                                                                                                                                                           CHAIRMAN