MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS
MONDAY – DECEMBER 21, 1970
A regular meeting of the Board of County Commissioners of Lake County, Florida, was held in the County Commissioners’ Room in the Courthouse, Tavares, Florida, on Monday, December 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. Others present were: County Attorney Christopher C. Ford, County Engineer Robert H. Norton, Clerk of Circuit Court Frank E. Owens and Deputy Clerk Norma H. Coven.
The meeting was called to order by the Chairman, and the invocation was delivered by Mr. Windram after which the Pledge of Allegiance to the Flag was recited by all present.
On motion of Commr. Macdonell seconded by Commr. Windram and carried, the Attorney was instructed to notify the Mosquito Control Director of complaints received concerning the maintenance of the new County landfill sites.
On motion of Commr. Macdonell seconded by Commr. VanAuken and carried, the Attorney and Clerk were directed to determine the best method to obtain the financial records of the various County offices before the Board begins work on the new budget.
Commr. Windram reported the Eustis Police Pistol Club, Inc. is interested in leasing County property for a target range. Based on a statement by the County Engineer, the Attorney was instructed to draft a Lease Agreement with the Club with a rental fee of $1.00 per year for a term of fifty years.
R. G. Cassady, Tax Assessor, appeared and advised the Board that the Board of Public Instruction has refused to pay him for assessing the general school millage of ten (10) mills, based on a Circuit Judge’s ruling that the Board of County Commissioners must pay all the cost of assessing the school millage. The case is on appeal now, and the decision of the Appellate Court should be forthcoming soon. Mr. Cassady presented a bill for assessing the school millage in the amount of $44,059.58, and on the recommendation of the County Attorney that the Board withhold payment until the Court suit is settled, no action for paying the bill was taken.
Mr. Holstein of Geiger-Holstein-Church Insurance Agency appeared, presented a check in the amount of $853.00, and explained this is a rebate on the Workmen’s Compensation premium for 1969-70.
It now being the time advertised to receive bids for the purchase of one new motor grader, the Chairman instructed the Clerk to open and tabulate the bids, whereupon Clerk Owens reported receiving the following bids:
Adams Construction Equipment Co. $20,560.00
LeTourneau Tractor Co. East 18,504.25
W. L. Sly Machinery Co. of Tampa 20,900.00
State Tractor & Equipment Co., Inc. 20,747.00
On a motion by Commr. Hoskinson, seconded by Commr. Macdonell and carried, the bids were referred to the Engineer for study and recommendation to the Board.
Later in the day, the Engineer submitted a tabulation of the bids and advised that the two apparent low bids of Adams Construction Equipment Company and LeTourneau Tractor Company do not meet the specifications; whereupon, on a motion by Commr. Macdonell, seconded by Commr. Hoskinson and carried, the bid of State Tractor & Equipment Co., Inc. in the amount of $20,747.00 was accepted as the lowest and best bid.
roads – subdivision
Commr. VanAuken reported there is a group of residents on Lake Harris Drive in the Haines Creek area who are willing to pay for clay and the use of the grader to improve the road. He was requested to ask the County Engineer to determine the amount necessary to improve the road.
roads – county
Commr. VanAuken’s request for a determination of a maximum speed limit on County Road #5-8893, Astor, was referred to the County Engineer.
veterans service officer
Chairman Carson presented the resignation from J. W. Bryant, Veterans Service Officer, effective January 15, 1971 and same was accepted with regret and two weeks’ severance pay for Mr. Bryant and was approved on the motion of Commr. Macdonell, seconded by Commr. VanAuken and carried.
On motion of Commr. Macdonell, seconded by Commr. Windram and carried, the Board agreed to contact the various veterans organizations in the County for recommendations to fill the position.
Clerk Owens submitted the preliminary and tentative audit findings, which may be included in the audit report on the accounts and records of the Board for the period October 1, 1967 to September 10, 1969. Chairman Carson recommended that each Board member study the report and discuss same at the second meeting in January. On a motion of Commr. Hoskinson, seconded by Commr. Windram and carried, the Attorney was instructed to notify the Auditor General that the Board will comment on the report after January 11, 1971.
maps and plats
L. E. Brown, Attorney, appeared and presented petition for Hamel, Inc., together with the proof of publication to vacate portions of the Plats of Silver Lake Estates, and no one appeared to object. On a motion of Commr. Macdonell, seconded by Commr. VanAuken and carried, a Resolution was adopted vacating the following described lands and returning same to acreage:
SEE PAGE 297 FOR DESCRIPTION
Landis V. Curry, Jr., Attorney and Jerry Kelter of Mid-Florida Lakes, Inc. appeared and presented a petition to vacate all of Section Addition to Haines Creek Heights and Lots 137 and 139 of First Addition to Haines Creek Heights. On a motion of Commr. Macdonell, seconded by Commr. Hoskinson and carried, the petition was accepted and public hearing authorized for January 11, 1971 at 1:30 P.M.
Frederick J. Catalano, Attorney, appeared and presented a Resolution for the Board’s consideration for fixing the hours of sale of alcoholic beverages in the unincorporated areas of Lake County. Mr. Catalano was asked the names of the persons requesting the Resolution, and he stated his clients asked that he not reveal their identity. Commr. Macdonell moved for the adoption of the Resolution. There being no second to the motion, the Chairman declared the motion did not carry.
On a motion of Commr. VanAuken, seconded by Commr. Hoskinson and carried, the Board deferred action on the Resolution. Commr. Macdonell voted “no.”
resolutions not classified elsewhere
C. E. Duncan, former County Attorney, was present, and Chairman Carson presented him with a framed Resolution adopted by the Board on July 6, 1970 commending him for his dedication to his duty as Attorney for the Board and expressing their gratitude for his guidance, counsel and advice.
recess and reassembly
The meeting recessed for lunch at 12:00 noon and reconvened at 2:00 P.M. to take up the remaining items of business.
On a motion of Commr. Windram, seconded by Commr. Hoskinson and carried, the third meeting in January was postponed until January 25, 1971.
planning and zoning
On the recommendation of the Planning and Zoning Commission and on the motion of Commr. Macdonell, seconded by Commr. Windram and carried, a Resolution was adopted that the Zoning Rules and Regulations be altered and amended as they pertain to the following described tracts of land to the classification designation after each description:
SEE PAGE 350 FOR DESCRIPTIONS
Also, included in the above motion was postponement of Case Numbers 67-70-4 and 71-70-2 until January 25, 1971 at 2:00 o’clock P.M.; Case Number 74-70-1 was tabled; and Conditional Use Permits 215-5 and 218-1 were approved.
Case No. 70-70-1 was called for consideration, and the Chairman asked that any interested persons be heard. Mr. R. L. Burton appeared and asked for additional information concerning the use of the land. On the motion of Commr. Windram, seconded by Commr. VanAuken and carried, a Resolution was adopted altering and amending the Zoning Rules and Regulations to the following described tract of land:
Sec. 35, Twp. 18 South, Range 24 East: The North 195 feet, less the East 1035 feet and less the West 25 feet, of the Southeast ¼ of the Northwest ¼ of Section 35, Township 18 South, Range 24 East,
From R-1A (Residential Agricultural) to R-3 (Mobile Home Park Subdivision).
On the recommendation of the Attorney, the Ordinance concerning the sale or distribution of synthetic detergents was placed on second reading, and on the motion of Commr. Windram, seconded by Commr. Hoskinson and carried, the Board waived the reading of the full bill and same was read by title only. The Clerk was authorized to advertise for a public hearing on February 1, 1971 to consider the adoption of the Ordinance.
On a motion by Commr. Hoskinson, seconded by Commr. VanAuken and carried, Underwood Typewriter, Property No. 3502, was declared surplus and sale of same was approved for $15.00.
The Clerk was instructed to request the Mosquito Control Director to give a breakdown of surplus inventory items which have not been disposed of.
On a motion by Commr. Hoskinson, seconded by Commr. Macdonell and carried, the Board will ask the Lake County Safety Council for recommendations requiring the sand and gravel trucks to cover their loads to prevent sand and debris from blowing off the trucks. The Attorney was requested to bring this matter to the attention of the Legislative Delegation.
laws and legislature
The Attorney was instructed to request the Legislative Delegation to either repeal or amend the special act relative to appointments to the Board of Examiners.
e. central florida regional planning council
On a motion by Commr. Hoskinson, seconded by Commr. Macdonell and carried, Jack Wilson of Leesburg was appointed to the East Central Florida Regional Planning Council to fill the vacancy created by the resignation of Mr. Philip Conant.
resolutions not classified elsewhere
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried, a resolution was adopted extending the Board’s sympathy to Alex J. Macdonell and his family on the death of his father.
Commr. Macdonell made a motion that the Board reconsider the action taken during the morning session to defer action on the resolution fixing the hours of sale of alcoholic beverages in the unincorporated areas. Commr. VanAuken seconded the motion, and Commr. Windram and Chairman Carson voted “no.” The Chairman declared the motion carried.
Commr. Macdonell moved for the adoption of the resolution fixing the hours of sale of alcoholic beverages in the unincorporated areas. The motion was seconded by Commr. VanAuken. Commr. Windram and Chairman Carson voted “no.” The Chairman declared the motion carried.
SEE PAGE 368 FOR THE RESOLUTION.
Joe Hill, Chairman of the Pollution Control Board and other members of the Board were present and discussed the inability of the Pollution Control Board to hire a pollution control officer. Mr. Hill advised the applicants are not interested because the salary is not commensurate with the qualifications required. On a motion by Commr. Hoskinson, seconded by Commr. VanAuken and carried, the salary for a pollution control officer was increased to $16,000 annually.
Peter Rhoads, Director of the Oklawaha Comprehensive River Basin Project, was present and recommended that Lake County enter into a water conservation study to be conducted by the U. S. Geological Survey in cooperation with other Central Florida counties. Chairman Carson also recommended that Lake County enter into this program. Commr. Macdonell said it is his opinion the program should be referred to the Southwest Florida Water Management District. On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried, the Board agreed to enter into the program and authorized funds of $2,034 to be expended for this purpose.
Commr. Macdonell presented a letter from John J. Wyckoff concerning the Green Swamp Reservoir recommending that at least two access roads be constructed on the Lake County side of the canal together with recreational facilities at one location.
right of way – roads
On the recommendation of Commr. Hoskinson, the Attorney was instructed to notify Mr. Sadler in the Edgewater Beach Subdivision to remove the citrus trees from County right of way in order for adjoining property owners to have access to their properties.
On a motion by Commr. Windram, seconded by Commr. VanAuken and carried, the action of the Chairman and Clerk in approving the application to the W. T. Edwards Tuberculosis Hospital for Leonard Madeva Gallardo was approved.
bonds – misc
On a motion by Commr. VanAuken, seconded by Commr. Windram and carried, contractor’s bonds for certificates of competency were approved for the following:
No. 556 (New) Arthur D. Yerkes
No. 557 (New) Thomas L. Lee dba ABC Painting & Roofing
No. 496 (Cancel) Aubrey M. Long
Surety bonds with Gulf American Fire & Casualty Company bonding Clarence W. Payne and Tom Termohlen as Trustees of the Northwest Lake County Hospital District were approved on a motion by Commr. Windram, seconded by Commr. VanAuken and carried.
A request from the Town of Minneola for the use of one voting machine for the town election to be held on January 5, 1971 was approved on a motion by Commr. Windram, seconded by Commr. VanAuken and carried.
contracts and agreements
An agreement with Louis C. George establishing architect’s fees for services performed on the heating system in the Multi-Purpose Building at the Fairgrounds was approved on a motion by Commr. Windram, seconded by Commr. VanAuken and carried.
On a motion by Commr. Hoskinson, seconded by Commr. VanAuken and carried, the Board approved the employment effective January 1, 1971 of the following:
Harry Nies, Jr., Graphics Technician, $5,200 annually
Howard O. Partelow, County Clerk, $4,200 annually
On a motion by Commr. Macdonell, seconded by Commr. Hoskinson and carried, the Board approved in-county travel expenses for the Board members, except travel to regular Board meetings, contingent upon same being approved by the County Attorney. Commr. VanAuken abstained.
On a motion by Commr. VanAuken, seconded by Commr. Macdonell and carried, repairs to the Courthouse roof were approved in the sum of $995.00.
Travel expenses were approved for the Clerks in the Finance Department to attend meetings regarding reclassification of accounts which will be held by the State Association of Court Clerks.
There being no further business to bring before the Board, the meeting adjourned at 5:00 p.m.