MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS

 MONDAY – SEPTEMBER 21, 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, September 21, 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:  Christopher C. Ford, County Attorney; Frank E. Owens, Clerk of Circuit Court; and Deputy Clerk Norma H. Coven.

The meeting was called to order by Chairman Carson who also delivered the invocation.  The Pledge of Allegiance to the Flag was given.

bids

In the absence of the County Engineer, Alfred Ponds Road Superintendent, was present and submitted the following recommendations for the acceptance of bids on annual requirements:

            OILS and GREASES                                      - Cities Service Oil Company

            ASPHALTIC CONCRETE PLANT MIX       - Orlando Paving Company

            ASPHALT MATERIALS                               - E. A. Mariani Asphalt Company

                        Alternate                                             - Central Oil Company, Inc.

            DIESEL FUEL and GASOLINE                     - Cities Service Oil Company

            CONCRETE PIPE                                          - Mitchell Concrete Pipe Company

            CRUSHED STONE, SLAG

                        and LIMEROCK                                 - Florida Crushed Stone

            CORRUGATED METAL PIPE                      - Thomas Metals, Inc.

            CORRUGATED ALUMINUM PIPE - Gator Culvert Company

            SIGN MATERIALS:

            Atlantic Aluminum & Metal

                        Distributors, Inc.                                - Aluminum Blanks

            Thomas M. Hubbard & Assoc.                      - Steel Delineator Posts

                                                                                    - Galvanized Iron Pipe Caps

                                                                                    - Double Slotted Crosses

                                                                                    - Mounting Brackets

            D. H. Smith & Associates                              - Double Slotted Crosses

            Minnesota Mining & Mfg. Co.                      - All reflective faces, letters and numbers

 

On motion of Commr. VanAuken seconded by Commr. Hoskinson and carried, the bids as recommended were accepted as the lowest and best bids.

cemeteries

Commr. VanAuken asked if the Paisley cemetery was the only one removed from the maintenance list.  Chairman Carson instructed Mr. Ponds to make a list of the cemeteries that are maintained by the County and the Clerk was requested to review the minutes on this matter.  Mr. Ponds advised the prison and maintenance crews do this work on Saturday mornings.

contracts and agreements

Commr. Windram asked the status of the contract with Frank Wagner.  Attorney Ford advised the contract has to be redrafted to allow him to excavate from all County pits.  Commr. Windram moved that upon completion of the contract, the Chairman and Clerk be authorized to execute same.  The motion was seconded by Commr. Hoskinson and carried.

Commr. Windram informed the Board the City of Eustis is displeased with the Board’s proposal concerning the Fairgrounds.  The City will submit another proposal.  The Fair Association has submitted a proposal relative to a livestock building.  They request that the County fund $20,000 for a livestock building which will be repaid by the Fair Association over a number of years as the money is available.  Commr. Hoskinson stated the County Agent is interested in being in on future discussions regarding this item.

Contract with the City of Lady Lake for the assessing and collecting of city taxes was approved and the Chairman, Board members and Clerk were authorized to execute same.

complaints

Jim Livingston appeared and complained of the destruction of plant life along the highways caused by the Department of Transportation spraying.  This is creating unsightly areas and fire hazards.  Chairman Carson said he will discuss this with the Department’s Leesburg office and ask them to be more discriminate in areas that are sprayed.

pollution control

Mr. Livingston, representing the Lake Improvement Association and the Conservation Council, asked the Board’s consideration of an Ordinance controlling the percentage of phosphate in detergents that are sold in Lake County.  This is one problem that is adding to the pollution of our lakes and streams.  Chairman Carson said the Board is concerned with the problem of phosphate in detergents, and would like to pursue means of limiting its use.  On recommendation of the attorney and on motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, the Board agreed to request a recommendation from the Pollution Control Board of either limiting the harmful nutrients or banning the sale of the damaging detergents.

county buildings

Ken Sears, President of the Lake County Historical Society, appeared concerning the Pioneer Building.  The Historical Society would like to see the building preserved as a good deal of Lake County’s history centers around this building.  The Society does not have the money to buy the building.  It was suggested to Mr. Sears that he get a group of interested citizens involved in the project of restoring the building as a museum.

Commr. Hoskinson advised that Otis Robinson has been authorized to remove the buildings on Ruby Street in Tavares between Sinclair and Barrow Avenues for a price of $600.00 and for another $200.00 he will remove the concrete floors.  However, the engineer has indicated that he prefers to remove the concrete floors and store the materials.

Clerk Owens explained why the bid from O. A. Baxter for the removal of the buildings was not available at the bid opening.  At this time, Mr. Baxter’s bid was considered by the Board and rejected on motion of Commr. VanAuken seconded by Commr. Hoskinson and carried.

Chairman Carson reported he has received a request from the Lake County Pollution Control Board for larger quarters.

ordinances

Commr. VanAuken asked the Attorney if the Ordinance concerning rock festivals has been drafted.  Attorney Ford advised that Orange County is redrafting its Ordinance and will furnish Lake County a copy when it is completed.

suits affecting lake county

Mr. Ford advised the Judge has allowed the defendant’s motion for further testimony and the hearing has been set for November 11, 1970 at 9:00 A.M.

recess and reassembly

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

juveniles

County Judge W. A. Milton, Jr. appeared before the Board and presented in writing a plan for a Lake County Youth Services Complex along with a long range proposal for funding the project.

After a lengthy discussion of the purpose of the project and assurance from Judge Milton that professional services will be contributed by other sources, such as the local schools, Community Mental Health Center, Division of Family Services and County Planning and Engineering, it was moved by Commr. Windram that after reviewing the letter presented by the Honorable W. A. Milton, Jr., County Judge of Lake County, dated September 18, 1970 concerning a Youth Service Complex for Lake County, Florida, the Board of County Commissioners agreed to provide in-kind contributions for one year in the amount of $13,290.00 as specifically outlined on Page One of Judge Milton’s letter.  The motion was seconded by Commr. VanAuken and unanimously carried.

MAPS AND PLATS

The County Planning Director presented Plat of Tree Top Subdivision and approval of same was postponed until the title policy is available.

Mr. Watkins presented plat of Imperial Mobile Terrace, 4th Addition, owners Charlie Squibb and Gladys H. Squibb, his wife.  Letter from the County Engineer recommending that the paving be completed or bond posted by the developer in the amount of the estimated cost of uncompleted work was submitted.  Mr. Squibb stated the paving was completed September 19th.  Lawyers Title Insurance Corp. Policy No. T 849429 was presented showing a Mortgage to the Bank of Tavares, and that Partial Release of Mortgage has been recorded in O. R. Book 415, Page 790, releasing all the streets from the mortgage.  On motion of Commr. Macdonell seconded by Commr. Windram and carried, the Plat was approved for record.

planning and zoning

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 to the Classification designated after each description:

Case No. 52-70-A - Legal Description

Section 21, Township 20 South, Range 25 East, South 150 feet of the West 320’ of the East 470’ of Block 1, Bloomfield East addition, according to the plat thereof as recorded in the Township Plat of Bloomfield.

 

REZONING FROM A (Agricultural and Rural Enterprises)

 

Case No. 54-70-5 – Legal Description

 

Section 23, Township 19 South, Range 25 East, begin at Intersection of North Right of Way line of U.S. Highway 441 and County Road 5-5433 (Radio Road) run North 700’, thence East parallel to the South line of the Northwest Quarter 1320’, thence South 1200’ to North Right of Way line of U.S. Highway 441, thence Northwesterly along Highway 441 Right of Way Line 1363.5’ to Point of Beginning (25 acres).

 

REZONING FROM R-1 (Rural Residential) to C-1 (Rural Commercial District)

Also, included in the above motion was denial of Case No. 51-70-5 Case No. 55-70-1, and Conditional Use Permit No. 202-1.  Conditional Use Permit No. 201-3 was deferred to the meeting of October 26, 1970 at 2:00 P.M.

Mr. Watkins presented Case No. 53-70-3 and Conditional Use Permit No. 198-3, and the Chairman called for interested persons to be heard.

Mary Woodward of Groveland appeared and opposed the permit.

Evelyn Smith, applicant, appeared in support of the rezoning and the permit.

Commr. Macdonell moved for denial without prejudice of Case No. 53-70-3.  The motion was seconded by Commr. VanAuken and carried.

On motion of Commr. Windram seconded by Commr. Hoskinson and carried, Conditional Use Permit No. 198-3 was denied without prejudice.

Mr. Watkins presented Conditional Use Permit No. 199-5 and no one appeared to object and same was approved on motion of Commr. Windram seconded by Commr. VanAuken and carried.

Mr. Watkins presorted Conditional Use Permit No. 200-5 and no one appeared to object and same was approved on motion of Commr. Windram seconded by Commr. VanAuken and carried.  Commr. Macdonell voted against the motion.

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

Case No. 50-70—1 – Section 22, Township 18 South, Range 24 East, the West ½ of the Southwest quarter of the Northwest quarter of the South ¼; the Northeast quarter of the Southwest quarter of the Northwest quarter of Southwest quarter; Northwest ½ of North ½ of Southeast quarter of Northwest ¼ of Southwest quarter; West half of Southwest quarter of Southwest quarter and Southwest quarter of Southwest quarter of Southwest quarter less South 25’ thereof.

 

REZONING FROM R1A to A.

 

STATE AGENCIES

Mr. Ed Zagar of the Game and Fresh Water Fish Commission appeared and advised the seining program is in need of a loader and truck.  Can obtain a loader for approximately $500 to $700 and asked that the County retain possession of one of the trucks that is being traded to Hodges Equipment.  Cost of the equipment will be paid from the Fish Conservation Fund.  Chairman Carson said he will discuss this with Mr. Hodges.

roads – county

On recommendation of Commr. VanAuken, the Engineering Department was instructed to survey the right of way on County Road #5-8165 in Altoona that is being damaged by harrows and right of way markers being moved.

Clerk Owens submitted notice form the City of Umatilla that city maintenance on County Road #5-7764 (Owens Lane from West Ocala Street to Lake Street) will terminate as of September 15, 1970.  Commr. VanAuken moved that the road be accepted into the County Road System for maintenance.  The motion was seconded by Commr. Hoskinson and carried.

roads – state

Clerk Owens presented letter and print from the Department of Transportation regarding Section 11010, Intersection of SR 500 and SR 44 in Leesburg.  The Chairman directed that the letter and print be forwarded to Mr. J. Ashton Gray, Leesburg, Florida.

Clerk Owens advised the Department of Transportation has completed the installation of the school zone flashers in Eustis and delivered the keys to him.  He was instructed to forward the keys to the County Engineer for delivery to the City of Eustis.

Road closing

Petition to close platted streets in Lake Saunders Subdivision and Hallen’s Subdivision was accepted on motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, and a Resolution adopted authorizing a public hearing to be held November 16, 1970 to consider the closing of the following described streets:

In Lake Saunders Subdivision, a Plat of which is filed and recorded in the Public Records of Lake County, Florida, in Plat Book 4, Page 30, that part of Lantana Street, lying between the East Boundary of Section 22, Township 19 South, Range 26 East, extending Westerly to the Southerly boundary of SR 500 (U.S. 441);

 

That part of Tioga Avenue lying easterly of the following described line:

 

Commence at the Northwest corner of Lot 8, according to the Plat of Hallen’s Subdivision, as the same appears filed and recorded in the Public Records of Lake County, Florida, in Plat Book 6, Page 20, and run thence northeasterly along the Southern boundary of Tioga Avenue for a distance of 20’ for the point of beginning for this line, thence run Northwesterly at right angles to the South boundary of Tioga Avenue to the Northerly boundary of Tioga Avenue.

 

elections – primary

Certificates of County Canvassing Board for the Primary Election held September 9, 1970 were filed.

licenses and permits

Copy of letter from Southwest Florida Water Management District denying permit for D. O. Caddell to widen existing canal and fill marsh land in Lake Harris was read and filed.

The following Use Permits filed by the County Engineer were approved on motion of Commr. Windram seconded by Commr. VanAuken and carried:

To Vista Construction Co. for the construction and maintenance of storm sewer pipe crossing along County Roads #4-5869 and #4-5865 Northeast of Eustis.

 

No 226 to Florida Telephone Corp. for the construction and maintenance of buried cable paralleling County Road #3-2256 between Ferndale and Astatula.

 

No. 227 to Florida Telephone Corp. for the construction and maintenance of buried cable paralleling and crossing County Road #1-7611 between Lady Lake and Grey’s Fish Camp.

 

No. 228 to Florida Telephone Corp. for the construction and maintenance of buried cable paralleling County Road #5-5341 between Bassville Park and Lake Eustis.

 

No. 229 to Florida Telephone Corp. for the construction and maintenance of buried cable along and crossing County Road #1-7719 between County Road #1-7611 and Lake Griffin.

 

No. 231 to Florida Telephone Corp. for the construction and maintenance of buried cable along and crossing County Road #3-0542 between SR 561 and County Road #3-0439.

 

No. 232 to Florida Telephone Corp. for the construction and maintenance of buried cable paralleling County Road #3-0439 between County Road #3-0542 and end of road.

 

No. 233 to Florida Telephone Corp. for the construction and maintenance of buried cable paralleling County Road #2-0421 between SR 33 and Berry Groves.

 

hospitals

On motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, the action of the Chairman and Clerk was approved in allowing Granger Jackson to enter W. T. Edwards Tuberculosis Hospital.  Also, Gill Roy Rimes, Jr.

bonds – misc.

The following contractors’ bonds for Certificates of Competency were approved on motion of Commr. Windram seconded by Commr. Hoskinson and carried:

Renewals        - No.    172 – Fred Byerlee

                                    219 – Clay Electric Cooperative, Inc.

                                    291 – Robert I. Wise

                                    382 – J. M. Edwins

                                    434 – Joe M. Burton

                                    464 – W. H. Schroeder

New                             522 – Eugene B. Taylor

                                    523 – Terry L. Stephenson

                                    524 – Robert W. Fatula dba Fatula Painting & Decorating

                                    525 – George Webb Plastering

Cancel                           35 – Wise Builders

                                    308 – Raymond B. Savarese and/or Shubert Construction Co.

                                    333 – Deltona Corporation and Carol E. Hinkley

                                    375 – John L. Brennan and Elwood Electric  Co., Inc.

                                    381 – Sherman Leo Walker, Jr.

 

resolutions not classified elsewhere

On motion of Commr. Windram seconded by Commr. Hoskinson and carried, a Resolution was adopted requesting the Congress of the United States to take whatever action is available and appropriate to protect the tomato growers in the United States and the State of Florida from drastic consequences of unlimited importation of tomatoes from Mexico.

maps and plats

It now being the time advertised to consider vacating the Plat of Bellefonte Terrace and no one appeared to object to the vacation of the Plat, action was deferred and same was referred to the Planning Director on motion of Commr. Hoskinson seconded by Commr. VanAuken and carried.

county employees

On recommendation of the Planning Director and on motion of Commr. Hoskinson seconded by Commr. Windram and carried, the Board approved the changes in personnel in the Building, Zoning and Planning Division, and Emergency Planning Division as submitted.

On motion of Commr. Windram seconded by Commr. VanAuken and carried, resignation from Susan E. Savage, County Extension Office, effective September 30, 1970 was accepted; and Mrs. Harriet Savage was employed to fill the vacancy at an annual salary of $1,644.00.

cancellation of warrants

The Clerk was authorized to cancel General Revenue Fund Warrant #3383, dated September 14, 1970, payable to Sedalia Dozier for care of Eddie Jackson, in the amount of $25.00.

ACCOUNTS ALLOWED

On motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, two Road and Bridge Department personnel were authorized to go to Surplus Properties Division, Starke, Florida, with the Civil Defense Director to purchase surplus items needed - not to exceed $500.00.

On motion of Commr. Windram seconded by Commr. Hoskinson and carried, the Board approved the purchase of a plat file for the Zoning Department in the amount of $69.50.

communications

Copy of letter from the State Department of Health regarding City of Eustis’ sewage treatment plant was filed.

Copy of letter from the State Air & Water Pollution Control regarding Hide-Away Mobile Home Park was filed.

reports

Monthly report from the Veterans Service Officer was filed.

Report of Cigarette Tax Collections and Distributions for the month of July was filed.

There being no further business to bring before the Board, the meeting adjourned at 5:45 o’clock P.M.

 

___________________________________                                                                                                                                                  ______________________________

CLERK                                                                                                                                                                                                           CHAIRMAN