MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS
monday – january 25, 1971
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, at 9:00 a.m. on Monday, January 25, 1971, with the following members present: James R. Carson, Jr., J. M. Hoskinson, Chairman; C. A Deems; Thomas J. Windram and Kenneth VanAuken. Others present were County Attorney, Christopher C. Ford; County Engineer, Robert H. Norton; Clerk of the Circuit Court, Frank E. Owens; and Deputy Clerk Norma H. Coven.
The meeting was called to order by the Chairman, the invocation was delivered by Mr. VanAuken, and the Pledge of Allegiance to the Flag was recited.
On a motion by Commr. Carson, seconded by Commr. Deems and carried, the minutes of the regular meeting of December 21, 1970 were approved as submitted.
On a motion by Commr. VanAuken, seconded by Commr. Carson and carried, the minutes of the regular meeting of January 4, 1971 were approved as submitted.
On a motion by Commr. Carson, seconded by Commr. Windram and carried, the minutes of the special meeting of January 5, 1971 were approved as submitted.
resolutions not classified elsewhere
On a motion by Commr. VanAuken, seconded by Commr. Windram and carried, a resolution was adopted proclaiming February 4, 1971 as USO Day.
right of way – roads
Commr. VanAuken asked if there is anything the Board can do to encourage the citrus growers to clean up the litter left along the rights of way by their picking crews. Commr. Carson said this is an impossible situation, and we can only ask the cooperation of the harvesters and growers.
After discussing whether or not the banks are allowing the maximum interest rate on time deposits and hearing a comment from Clerk Owens that the banks are not interested in thirty-day time deposits, the Chairman appointed Commr. Windram and Commr. Carson a committee to confer with the local banks on the interest allowed.
e. central florida planning council
Commr. Carson presented a letter from the East Central Florida Regional Planning Council advising that Lake County’s share of the cooperative Water Resources Study will be $1,871.00 instead of $2,034.00 due to unexpected contributions from private sources.
veterans service officer
A delegation representing the various veterans organizations in the county appeared with J. B. Kirkpatrick, Louis Przybyla, and Robert L. Gosham as spokesmen. The groups as a whole opposed the Board’s consideration of combining the Veterans Service Officer’s position with that of Civil Defense Coordinator. Commr. Hoskinson assured the group that the only reasons for considering combining the two positions are economics, efficiency, and competent administration. Mr. Kirkpatrick was delegated to obtain the State Service Officer’s opinion of the efficiency in other counties where the two offices are combined.
Paul Milton, Mosquito Control Director, was present, and the Board discussed the possibility of air spraying in remote areas. On the advice from Chairman Hoskinson that Osceola County has a plane to lease, Mr. Milton was instructed to contact Osceola County relative to leasing the plane.
On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Clerk was authorized to advertise for the purchase of one current model bulldozer for the Mosquito Control Department. Bids are to be opened February 16, 1971.
At this time, the Board considered offers received on the sale of surplus inventory items. Clerk Owens advised Thomas F. Buchan, Jr. has offered $200 for the purchase of the 24’ fiberglass rescue boat, which is over the minimum acceptable price. Kent A. Arrington has offered $150 for the steam boiler, which is under the minimum acceptable price. There are no offers for the GMC flatbed truck. Commr. Windram moved for acceptance of the offer of $200 for the rescue boat and that the Clerk readvertise the sale of the steam boiler and flatbed truck with no minimum offer specified. The motion was seconded by Commr. Deems and carried.
Representatives of Town & Country Refuse, Inc. appeared concerning problems with customers in mobile home parks, rural, and residential areas and asked the Board’s consideration of a franchise or license that will protect the collectors as well as the customers. The Chairman directed that February 8, 1971 at 10:00 a.m. be reserved to discuss the collectors’ problems in more detail. The Mosquito Control Director was requested to notify all refuse and trash collectors to be present for the discussion.
Harley Burnett of Professional Insurance Corp. was present and asked the Board’s permission to contact the county employees relative to an income protection insurance plan. The Engineer was instructed to contact the employees through the road foremen, and if the employees are receptive to learning of such a plan, Mr. Burnett would be allowed to explain the plan to them.
veterans service officer
Russell Rankin and Rex VanBuskirk appeared and opposed the combination of the Veterans Office with the Civil Defense, and recommended Mr. Harry Hersey of St. Petersburg for the job. Chairman Hoskinson informed them that only the administration of the offices will be combined, not the office staffs. They were assured the Board would give every consideration to their recommendations.
Circuit Court Judge W. Troy Hall, Jr. appeared and introduced E. R. Mills, Jr., newly appointed Circuit Judge of the Fifth Judicial Circuit. Beginning February 1, 1971, Judge Mills will spend fifty percent of his time in Lake County and the other fifty percent in the other four counties in the Circuit.
recess and reassembly
The meeting recessed for lunch at 12:00 noon and reconvened at 1:30 p.m. to take up the remaining items of business.
roads – subdivisions
Tommy Merrill appeared and discussed the requirements of an acceptable access road into a subdivision in the colored section of Umatilla. He stated he has been advised by the Planning and Zoning Commission that a 50’ right of way is required under the subdivision regulations. The Commissioners agreed to look at the road on the next road inspection trip.
salaries and wages
Commr. Windram recommended that a representative of the Board talk with the County Judge relative to the error made in the salaries of the Assistant Superintendent and Assistant Matron at the Juvenile Shelter for the months of October, November, and December. Commrs. Windram and Deems were appointed to take care of this, and they left the meeting to contact the County Judge. When they returned, Commr. Windram moved that the salary of the Superintendent and Matron be increased to $7,500 annually effective January 1, 1971 and the salary of the Assistants be increased to $6,700 annually effective January 1, 1971. The motion was seconded by Commr. Deems and carried.
On the recommendation of the Planning Director and on a motion by Commr. Deems, seconded by Commr. VanAuken and carried, the Board approved the employment of Samuel Charles Mazzota, Associate Planning Director, effective February 1, 1971, annual salary $8,000.
On the recommendation of the Engineer and on a motion by Commr. VanAuken, seconded by Commr. Windram and carried, the Board approved the employment of Richard Dale Shivers, Engineering Technician, effective February 1, 1971, annual salary $7,500.
planning and zoning
Planning Director J. C. Watkins announced that Zoning Case No. 67-70-4, which was postponed from the December meeting has been tabled by the Planning and Zoning Commission, and Case No. 71-70-2 has been withdrawn by the applicant.
On the recommendation of the Planning and Zoning Commission and on a motion by Commr. Windram, 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: See Pages 353-354.
1. In Section 28, Township 18 South, Range 24 East: Parcel No. 1: The East 100 feet of the West 330 feet of the South 190 feet of the North 200 feet of the NE ¼ of the SE ¼ of the SE ¼; and Parcel No. 2: the East 165 feet of the West 230 feet of the North 200 feet of the NE ¼ of the SE ¼ of the SE ¼, LESS the North 10 feet thereof, approximately 1-3/10 acres, now amended, changed and rezoned to Classification R-3 (Mobile Home Park Subdivision).
2. In Section 18, Township 21 South, Range 25 East: N ½ of NW ¼ of E ½ of Government Lot 2, W ½ of Govt. Lot 2 East of Highway, Beginning 996.44 feet South of NE corner of W ½ of Govt. Lot 1, Run East to East line of Govt. Lot 1, South to SE corner of Govt. Lot 1, west to right of way of Hwy 27, NW’ly along Right of Way to point West of Point of Beginning, East to Point of Beginning (approximately 17 acres), now classified and zoned as A (Agricultural and Rural Enterprises) be and the same is hereby amended, changed and rezoned to C-1 (Rural Commercial). Subject to land survey.
3. In section 22, Township 18 South, Range 24 East: North ¾ of the W ½ of SW ¼ of NW ¼ of SW ¼; NE ¼ of SW ¼ of NW ¼ of SW ¼ NW ½ of N ½ of SE ¼ of NW ¼ of SW ¼ (approximately 10 to 12 acres), now classified and zoned as A (Agricultural and Rural Enterprises) be and the same is hereby amended, changed and rezoned to R-3 (Mobile Home Park Subdivision).
Also, included in the above motion was denial of Case No. 79-70-5 and approval of Conditional Use Permit No. 222-3.
Rezoning Case No. 78-70-5 was called for hearing, and the Chairman called for interested parties to be heard.
Ted Wicks, Field Manager of the Pollution Control Board, appeared and asked that final action on this case be delayed until the Pollution Board can review and determine the effect the rezoning would have on the water quality.
The following persons appeared opposing the rezoning:
Kenneth W. Myers
Jim Livingston, President, Lake Improvement Association
Also, the petition signed by forty one residents opposing the rezoning and letters from the Lake County Conservation Council and Ecolocrisis Club.
Mr. Charlie Squibb, applicant, appeared in support of the rezoning.
A motion was made by Commr. VanAuken, seconded by Commr. Carson that the action of the Planning and Zoning Commission be upheld and the rezoning approved.
The Commissioners voted as follows:
Mr. Carson No
Mr. Deems No
Mr. Windram No
Mr. VanAuken Yes
The Chairman declared the motion did not carry.
On the recommendation of the Planning Director and on a motion by Commr. Deems, seconded by Commr. VanAuken and carried, the Chairman appointed Commr. Windram and another member of the Board a committee to meet with the Pollution Control Board and the Planning Department to devise a system under which the two agencies can make recommendations to the Planning and Zoning Commission before cases affecting ecology reach the Board of County Commissioners and postponed action on the rezoning until recommendation of the committee is received.
Rezoning Case No. 80-70-5 was called for hearing, and the Chairman called for interested persons to be heard.
Robert N. Tuller appeared and opposed the rezoning.
H. L. Pringle, applicant, was present and withdrew the rezoning request from R-1A to A, which applies to a portion of Lot 14.
On the recommendation of the Planning and Zoning Commission and on a motion by Commr. Windram, seconded by Commr. Carson and carried, a resolution was adopted amending the Zoning Rules and Regulations as they pertain to the following tract of land to the classification designated after the description:
In Section 16, Township 19 South, Range 25 East: The South 300 feet of Lots 14 and 15 of Block 33, lying North of US 441 of Silver Lake Estates, as recorded in Plat Book 5, Pages 1 and 2, Public Records of Lake County, Florida, now classified and zoned as R-1A (Residential Agricultural) be and the same is hereby amended, changed and rezoned to C-2 (Commercial).
Commr. Carson reported the Seaboard Coast Line Railroad Company advises construction cost of a public crossing South of Mile Post AS-805 near Leesburg will be $1,236. The Clerk advised that the check for this amount was received this morning from the property owner.
Commr. Carson filed a breakdown of the cost of utilities to the City of Leesburg for the Lake Memorial Nursing Home over the past three years.
Clerk Owens submitted a request from Johnie A. McLeod, Attorney, to advertise notice of intention to vacate a portion of a county road located in Sections 5 and 6, Township 19, Range 28. On a motion by Commr. Carson, seconded by Commr. Deems and carried, a public hearing was authorized for March 1, 1971 for the purpose of considering a petition to close said road.
A request from George H. Porzig for improvements to the access road leading to Collins Meat Market, Tuxedo Feed & Garden Shop and Billingsley Acres, was referred to Commr. Windram and the Engineer.
Chairman Hoskinson informed the Board the Hartwood Road built by Silver Sand Company has not been accepted into the county road system, because it does not meet county specifications.
A petition to close a dedicated road in Alex. St. Clair Abrams Subdivision of Lake Joanna Property was submitted, and on a motion by Commr. Windram, seconded by Commr. VanAuken and carried, a resolution was adopted accepting the petition and authorizing a public hearing to be held March 1, 1971 to consider the petition and requiring all persons opposed to said petition to appear and be heard at that time.
reports – official
Annual reports of receipts, expenses and net income for the year ending December 31, 1970 for the following County Officials were accepted:
Frank E. Owens, Clerk of Circuit Court, showing the sum of $32,151.89 returned to Lake County.
R. G. Cassady, Tax Assessor, showing the sum of $34,301.33 returned to Lake County and $3,327.07 returned to the Board of Public Instruction.
Paul H. Reed, Tax Collector, showing the sum of $73,394.54 returned to Lake County and $4,648.40 returned to the Board of Public Instruction.
contracts and agreements
The contract with Harvey Spears General Contractor, Inc. on the Livestock Show Building was approved on a motion by Commr. Carson, seconded by Commr. VanAuken and carried, and the Chairman and Clerk were authorized to execute same.
bonds – misc.
On a motion by Commr. VanAuken, seconded by Commr. Carson and carried, the firearm bond for John E. O’Bryant was approved.
Deputy Sheriff bonds for the following were approved on a motion by Commr. Carson, seconded by Commr. VanAuken and carried:
Adelbert C. Gottwald
Charles Edward Graham
Ollie Ray Melton
Robert R. McKinley
Ralph F. Perry
Emmett Vernon Sapp
Cleon Windord Spence
Contractors’ bonds for certificates of competency were approved as follows:
No. 559 – New – Elzie Hall
561 – New – James Street
562 – New – Muns Plumbing Co.
563 – New – Donald E. Schmidt
428 – Cancel – Elliott Stone Marble & Title Co., Inc.
The bond of William G. Talley, Jr., Trustee, Northwest Lake County Hospital District, with Gulf American Fire & Casualty Company as surety, was approved on a motion by Commr. Carson, seconded by Commr. VanAuken and carried.
Audit Report No. 7439 of the accounts and records of the Board of County Commissioners, Lake County, for the fiscal years ended September 30, 1968 and September 30, 1969 was accepted on a motion by Commr. Carson, seconded by Commr. VanAuken and carried and made part of the public records of the Board.
e. central florida planning council
The statement of cash receipts and disbursements of the East Central Florida Regional Planning Council for the year ended September 30, 1970 was filed.
The right of way deed conveying the following described property to Lake County was accepted on a motion by Commr. Carson, seconded by Commr. Windram and carried and same was ordered recorded upon the public records:
GRANTORS: Charlie Squibb and wife, Gladys H. Squibb
A strip of land 25 feet wide along the south line of Lot 3, Block 152, lying 25 feet north of the centerline of the road shown on the map of Eustis Official Map as recorded in Plat Book 1, Page 79, Public Records of Lake County, Florida.
The request from the City of Tavares for the use of one voting machine to be used in the city election to be held on March 2, 1971 was approved on a motion by Commr. VanAuken, seconded by Commr. Carson and carried.
Commr. Carson submitted a written recommendation from C. B. Joyner & Associates relative to an adequate heating system in the Old Health Department Building, which was referred to the Chairman.
On a motion by Commr. Carson, seconded by Commr. VanAuken and carried, the Board authorized the following improvements to the offices assigned to the Juvenile Court Office in the Chamber of Commerce Building:
1. A partition installed in the large office;
2. Juvenile Court sign erected in the front of the building, and the County Engineer was instructed to make the sign;
3. The office will remain on the present Courthouse telephone system, and a key system was approved in the new offices at a monthly rental of $47.25 and installation cost of $71.00.
4. Feasibility of cutting two doors will be investigated, and the carpet and drapes will be taken under advisement.
Commr. Carson reported the State Attorney has advised him that the remaining offices in the Old Health Department Building are not adequate for his staff.
Chairman Hoskinson reported he has received a complaint that the plastic over the windows at the Minneola MVI Station is not sufficient to keep the wind and rain out. This matter was referred to Mr. Norton and Mr. Woodson.
A letter from the John Alden Murray Agency recommending that a blanket medical expense rider be added to the policy covering the law enforcement officers was referred to the Sheriff.
licenses and permits
On a motion by Commr. Carson, seconded by Commr. VanAuken and carried, the following Use Permits filed by the Engineer were approved:
No. 259 – Florida Telephone Corp. to construct and maintain buried cable paralleling a portion of County Road #1-7307 between County Road #1-7212 and #1-7407.
No. 260 - Florida Telephone Corp. to construct and maintain buried cable paralleling and crossing a portion of County Road #1-7212 between CR #1-7307 and CR 1-7310.
No. 261 - Florida Telephone Corp. to construct and maintain buried cable paralleling and crossing a portion of CR 1-7407 between SR 25 and CR 1-7307.
To the City of Leesburg to construct and maintain a gas line across CR 1-4909 north of Leesburg.
To the City of Leesburg to construct and maintain a natural gas line across and along CR 1-4607 west of Leesburg.
To Sumter Electric Coop, Inc. to construct and maintain power line paralleling CR 5-8377 one mile east of Altoona.
A letter from Congressman Don Fuqua regarding the selection of the St. Johns River to demonstrate advanced techniques of water pollution control was read and filed.
A letter from State Senator L. L. Qualls relative to bond issues pledging race track funds was referred to the Attorney.
A notice from the Board of Trustees of the Internal Improvement Trust Fund together with a policy adopted by the Trustees relative to future surveys that may affect sovereignty lands, setting criteria for locating the mean high water line which is construed as the boundary between state-owned sovereignty lands and privately-owned riparian upland property, was referred to the Engineer.
funds – transfers
On a motion by Commr. VanAuken, seconded by Commr. Carson and carried, the Board authorized transfer of $5,000 from Reserve for Contingencies in the General Revenue Fund to Account #99500 “Recoverable Expenditures” to cover service charges on purchases by the Civil Defense Coordinator for other governmental units and Volunteer Fire Departments.
Travel expenses were approved for Robert F. Oatman to attend the Annual Short Course for Building Officials in Gainesville, February 21-24, 1971 on a motion by Commr. Carson, seconded by Commr. Windram and carried.
On a motion by Commr. Carson, seconded by Commr. VanAuken and carried, Thomas E. Chapman was authorized to attend the Regional Civil Defense Council Conference in Mobile, Alabama, February 16-20, 1971.
On the recommendation of the Building Administrator and on a motion by Commr. Deems, seconded by Commr. Carson and carried, a refund of $18 on Building Permit #14189 to True Temp, Inc. was approved, as the property involved in is the City of Eustis.
On a motion by Commr. Carson, seconded by Commr. Deems and carried, payment to Coven Construction Company in the amount of $2,437 was approved per the contract for remodeling the conference room in the Engineering Building.
opinions - legal
On the recommendation of the Planning Director, the Board asked the Attorney’s opinion regarding the Civil Defense Coordinator traveling outside the county without the Board’s approval to take advantage of surplus property sales at Starke, Florida.
There being no further business to bring before the Board, the meeting was adjourned at 5:30 p.m.