MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS
monday – march 15, 1971
The Board of County Commissioners convened in regular session in the Commissioners’ Room, Courthouse, Tavares, Florida, on Monday, March 15, 1971, at 9:00 a.m. with the following members present: J. M. Hoskinson, Chairman; James R. Carson, Jr.; C. A. Deems; Thomas J. Windram and Kenneth VanAuken. Others in attendance were Clerk of the Circuit Court Frank E. Owens; Deputy Clerk Norma H. Coven; and County Attorney Christopher C. Ford.
The meeting was called to order by the Chairman, and the invocation was delivered by Mr. VanAuken, after which the Pledge of Allegiance to the Flag was given.
appointments
Mr. Dennis E. Holcomb of the Game and Fresh Water Fish Commission was present, and on a motion by Commr. Windram, seconded by Commr. Carson and carried, Mr. Holcomb was appointed to replace Philip R. Edwards as a member of the Lake County Air and Water Pollution Control Board.
resolutions not classified elsewhere
On a motion by Commr. Carson, seconded by Commr. Windram and carried, a resolution was adopted extending to Philip R. Edwards the Board’s appreciation for his untiring efforts while serving as a member of the Lake County Air and Water Pollution Control Board and commending him for his efforts in the control of pollution in Lake County.
road and bridge department
Commr. Deems advised the residents of Sun Eden Subdivision want overburden dumped in a public dedicated park in the Subdivision, and they will spread it. On the recommendation of the Attorney based on the fact that the park is a public dedicated park, Commr. Carson moved that the Road and Bridge Department furnish the necessary fill, provided the residents pay the cost of the same. The motion was seconded by Commr. Windram and carried.
On the advice from Commr. Windram that J. F. Goldthorpe is going to expand his project on the Wolf Branch Road and has offered to install the two anti-seep collars to the control structure while his men are on the job, the Board approved the purchase of two anti-seep collars at an approximate cost of $221 each and pay Mr. Goldthorpe the cost of installing same, not to exceed $250.
roads – county
After a discussion concerning a portion of County Road #5-5727 that has been fenced off by John Wilkerson, the Attorney was instructed to prepare affidavits to be signed by Road and Bridge Department personnel that the road has been maintained by the County for a period for more than four years and that said road has been used by the public.
road closings
It now being the time advertised to consider a petition to close a portion of Sylvan Point Drive, and no one appeared to object to the closing, a motion was made by Commr. Windram, seconded by Commr. Deems and carried that the Board adopt a resolution closing the following described road:
Begin at the most Westerly corner of Lot 2, as shown on the Plat of “A Map of Sylvan Shore Point,” in Section 25, Township 19 South, Range 26 East, recorded in the Public Records of Lake County, Florida, in Plat Book 12, Page 41, and run Northwesterly along a line which is the Northwesterly extension of the most Westerly boundary of said Lot 2, to a point where said extension intersects the Southerly boundary of Lot 35 of said Plat, thence Northeasterly along the Southern boundary of said Lot 35, to the water of Lake Gertrude to a point designated as Point “A.” Begin again at the point of beginning and run Northeasterly along the Northerly boundary of Lot 2, 100 feet to the most Northerly corner of said Lot 2, thence run Northwesterly along a line which is the Northwesterly extension of the most Easterly boundary of said Lot 2, to the water of Lake Gertrude, to a point designated as Point “B,” thence along the shores of Lake Gertrude to Point “A.”
maps and plats
It now being the time advertised to hold a public hearing to consider a petition to vacate a portion of Kenmore Subdivision, and no one appeared to object, a motion was made by Commr. Carson, seconded by Commr. Deems and carried, that the Board adopt a resolution vacating the following described portion of Kenmore Subdivision Plat:
That portion of Lots 7 through 12, inclusive of Kenmore Subdivision, as recorded in Plat Book 8, page 45, of the Public Records of Lake County, Florida, traversed by an unconstructed roadway.
public health
On the recommendation of Paul Milton, Mosquito Control Director, and on a motion by Commr. Windram, seconded by Commr. Carson and carried, the Road and Bridge Department was authorized to survey landfill sites at Okahumpka and Bassville Park.
On the recommendation of the Mosquito Control Director and on a motion by Commr. Carson, seconded by Commr. VanAuken and carried, Commercial Garbage and/or Trash Franchises were approved as follows:
Dump All, Inc. for containerized service only
Walter E. Gray for present only (Town of Lady Lake)
El-Red Mobile Manor to serve the mobile home park only
Mr. Milton announced the application from Rollins-Purle, Inc. has been withdrawn by the applicant.
On a recommendation of Mr. Milton, the Attorney was instructed to notify Mr. Christian Vorndon that he is in violation of Lake County Ordinance 70-1 by refusing to clean up his property on Lake Louise Drive and Tangerine Avenue in Lake Louise Estates.
Mr. William R. Sabis of David B. Smith Engineers, Inc., Gainesville, Florida, appeared and urged the Board to consider the development of a county-wide water and sewage treatment plant. Mr. Sabis offered his firm’s services in obtaining a grant available through the Farmers Home Administration. Mr. Watkins, County Planner, informed the Board the municipalities within the county are in line for the grants also, but there must be an overall plan under the special pollution abatement plan. Chairman Hoskinson thanked Mr. Sabis for his time and comments.
Commr. Windram said if the Board is considering aerial spraying for the summer months, Noel Griffin is willing to bid on the work.
county engineer
On a motion by Commr. Carson, seconded by Commr. Deems and unanimously carried, the Board approved the employment of Fred M. Harpster as County Engineer effective April 19, 1971 at an annual salary of $15,500.
county buildings
Commr. Windram discussed the available space in the Old Health Building, and it was decided there is not adequate room in the building for the Pollution Control Board and the State Attorney. Mr. Windram is to notify the Pollution Board to equip the laboratory on a permanent basis, and the Clerk is to notify the State Attorney there is not sufficient room in the building for his staff, but the Board will consider his needs in the future.
recess and reassembly
The Board recessed for lunch at 12:00 noon and reconvened at 1:15 p.m. to take up the remaining items of business.
ordinances
Philip R. Edwards, Pollution Control Officer, appeared and recommended an amendment to Ordinance 71-1, Section II, requiring each container to be marked with its phosphorus content, stating that he does not believe it will weaken the intent of the original ordinance; whereupon on a motion by Commr. Carson, seconded by Commr. VanAuken and unanimously carried, declaring that an emergency exists, waiving requirements as to notice, and that the immediate enactment of said Ordinance is necessary, Ordinance 71-2 was placed on first reading by title only, same being:
AN ORDINANCE AMENDING ORDINANCE 1971-1, COUNTY OF LAKE, STATE OF FLORIDA: AMENDING SECTION II THEREOF BY PROVIDING AN ALTERNATE METHOD TO LABELING REGARDING THE PHOSPHATE BUILDERS OR PHOSPHORUS INGREDIENT CONTENT OF DETERGENT AND SYNTHETIC DETERGENTS SOLD OR OFFERED FOR SALE; DECLARING AN EMERGENCY; WAIVING NOTICE REQUIREMENTS; PROVIDING AN EFFECTIVE DATE.
The Chairman indicated he wanted the record to show his vote was cast in favor of the motion.
On a motion by Commr. VanAuken, seconded by Commr. Deems and carried, Ordinance 71-2 was placed on second reading and read by title only.
Commr. Deems moved that the Board waive the reading of the full bill, and Ordinance 71-2 was placed on third and final reading and was read by title only. The motion was seconded by Commr. Carson, and the Ordinance was unanimously adopted to become effective immediately.
licenses and permits
Mr. Harry Mielke appeared and complained he has been denied a building permit because of the truss requirements. Mr. Watkins informed the Board the type of trusses Mr. Mielke wanted to use were fabricated for mobile home construction and not for Southern Standard Building Code construction. Mr. Mielke stated he has evidence from an engineering firm that the trusses meet the building specifications, but he will write the firm for a clarification in the strength of the trusses.
roads – subdivisions
Mr. Mielke informed the Board he was instructed by the former County Engineer Gordon Hays to patch Simpson Lane and Dale Court in the Golden Heights Subdivision, and the County would take over the streets for maintenance. Mr. Norton did not agree with this and advised him to resurface the streets. Alfred Ponds, Road Superintendent, was present and said the streets are in considerably worse condition than when Mr. Hays instructed him to do the work. Mr. Ponds recommended that the streets be leveled and patched with a one-inch minimum cap. On a motion by Commr. Windram, seconded by Commr. VanAuken and carried, Mr. Mielke was authorized to do the work at his expense, and under the supervision of the Road Superintendent, and upon approval by the Road Superintendent, the streets will be accepted into the county road system for maintenance.
planning and zoning
It now being the time advertised to hold a public hearing on zone regulations and on the recommendation of the Planning Director and the motion by Commr. Windram, the hearing on Conditional Use Permit 232-2 was postponed from the present time in the County Commissioners Room until 2:45 p.m. in the Circuit Court Room in the Lake County Courthouse. The motion was seconded by Commr. Carson and carried.
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 altering and amending the Zoning Rules and Regulations as they pertain to the following described tracts of land to the classification designated after each description:
1. Section 1, Township 19S, Range 25 E, SECOND ADDITION TO HAINES CREEK HEIGHTS, a Subdivision in Lake County, Florida according to plat thereof, recorded in Plat Book 14, page 8, public records of Lake County, Florida; Lots 137, 138 and 139 of FIRST ADDITION TO HAINES CREEK HEIGHTS, a Subdivision in Lake County, Florida, according to plat thereof, recorded in Plat Book 13, page 54, public records of Lake County, Florida.
The Zoning Classification was R-1 (Residential) and is hereby changed to R-3 (Mobile Home Park Subdivision).
2. Section 12, Township 19S, Range 25E, Lots 1-3, 5, 7, 11, 13, 17, 19, Block D, Unit 2, Hilltop Subdivision.
Also, included in the above motion was denial without prejudice of Zoning Case No. 5-71-2 and approval of the following:
Conditional Use Permits 230-3, 231-1, 233-2, 234-2, 235-4, 237-2, 238-5 and 240-2.
The Conditional Use Permit was called for hearing, and the Chairman called for interested persons to be heard.
The Clerk submitted a letter from Richard A. Eagle, Attorney, representing adjacent property owner, Mrs. Juliet Kelly Ansberry Watson, opposing the permit.
The recommendation of the Lake County Air and Water Pollution Control Board was submitted, and on a motion by Commr. Carson, seconded by Commr. Deems and carried, the permit was approved subject to the recommendations of the Pollution Control Board.
Rezoning Case No. 6-71-3 and Conditional Use Permit No. 255-3 were called for hearing, and the Chairman called for interested persons to be heard.
W. T. Bland, Sr. appeared and objected to the rezoning on the basis that the access road to the property is not adequate to serve such a facility.
James E. Herod and Robert F. Moyer appeared in support of the request.
On a motion by Commr. VanAuken, seconded by Commr. Carson and carried, the recommendation of the Planning and Zoning Commission was upheld, the rezoning request was denied, and Conditional Use Permit No. 255-3 was approved.
The meeting was recessed to the Circuit Court Room to consider Conditional Use Permit No. 232-2.
The Board reconvened in the Circuit Court Room, and the Chairman called for interested persons to be heard.
The following persons appeared in opposition to the permit:
Mrs. Flonnie Cope, Mayor of Howey in the Hills, Florida
Robert Tuller
Bill Edmunds
Frank Dix
C. A. Vaughn, Jr., Headmaster Howey Academy
F. W. Robertson
James A. Livingston
Walter Shaffer, District Conservationist
The Planning Director submitted the following letters and petitions opposing the permit:
Jones Ranch and Country Store (Mrs. Virginia Lee Jones)
Lake Soil & Water Conservation District
Dorothy G. and Frank B. Innis
Dr. and Mrs. Robert W. Keinard
Howey Academy
Town of Howey in the Hills, Florida
Petition signed by students of Howey Academy
Petition signed by residents of Howey in the Hills, Florida
The following persons appeared in support of the permit:
William Krueter, General Counsel for the applicant
John Marroney
Ron Gorton, Executive Vice President of Wild Kingdom, Inc.
Wally Ingraham, Engineer for the applicant
Don Smith, Mayor of Clermont, Florida
Bill Haynie
Also, filed with the Board in support of the permit were letters from the following:
Town of Astatula, Florida
Kiwanis Club of Groveland, Florida
Lake County Air & Water Pollution Control Board
On the recommendation of the Planning and Zoning Commission and on a motion of Commr. Windram, seconded by Commr. VanAuken and carried, the Conditional Use Permit was approved, same to include the recommendation of the Lake County Air & Water Pollution Control Board dated March 11, 1971, and the applicant to file a maximum surety bond in the amount of $250,000.
railroads
On the recommendation of the Chairman, the Clerk was instructed to request a representative of the Seaboard Coast Line Railroad Company to appear before the Board to explain the company’s proposal to dualize its agency stations at Clermont and Groveland and at Eustis and Umatilla.
roads – state
Clerk Owens presented a request for a title search from the Department of Transportation on Section 11522-1601, State Road S-44-C, together with the agreement form to be completed by the title company selected to make the search. Mr. Owens advised Lake Abstract and Guaranty Company is the title company in line to make the search, and same was approved on a motion by Commr. VanAuken, seconded by Commr. Windram and carried.
On a motion by Commr. Deems, seconded by Commr. VanAuken and carried, resolutions were adopted determining a maximum speed limit on the following county roads:
County Road #5-5737 25 miles per hour
County Road #1-5702 35 miles per hour
County Road #3-3637 35 miles per hour
and appropriate signs erected along said roads.
laws and legislation
On a motion by Commr. Deems, seconded by Commr. VanAuken and carried, the Attorney was authorized to advertise the Special Acts previously approved by the Board.
Notice from the Board of Trustees of the Internal Improvement Trust Fund relative to Chapter 70-355, Acts of 1970, “State Wilderness System Act,” setting criteria for establishing a state system of wilderness areas, was referred to the Planning Director on the recommendation of the County Attorney.
hospitals
The action of the Chairman and Clerk in approving applications to the W. T. Edwards Tuberculosis Hospital for the following was approved on a motion by Commr. Carson, seconded by Commr. Windram and carried:
Jesse Hardrick, Sr.
Chester Williams
licenses and permits
Request from the Florida Telephone Corporation to install an armored submarine cable laid on hard bottom across the Dead River was approved on a motion by Commr. Carson, seconded by Commr. Deems and carried.
Use Permits approved by Robert H. Norton and Alfred Ponds were approved as follows on a motion by Commr. Windram, seconded by Commr. VanAuken and carried:
To Sumter Electric Coop., Inc. for the construction and maintenance of power line along County Road #4-6781 four miles Northeast of Eustis and one mile North of SR 44-A.
No. 263 - Florida Telephone Corp. for the construction and maintenance of buried cable crossing a portion of County Rd. #1-4706 between Leesburg and Whitney.
No. 265 - Florida Telephone Corp. for the construction and maintenance of buried cable along a portion of County Rd. #1-4603 between Leesburg and Wildwood.
No. 266 - Florida Telephone Corp. for the construction and maintenance of buried cable along and crossing a portion of County Rd. #1-4607 between Leesburg and Whitney.
No. 268 Florida Telephone Corp. for the construction and maintenance of buried cable paralleling County Rd. #2-2427 North of Highway 19 for a distance of 7644 ft.
No. 274 - Florida Telephone Corp. for the construction and maintenance of buried cable along County Rd. #5-5341 between Tavares and Lisbon.
No. 276 - Florida Telephone Corp. for the construction and maintenance of buried cable along paralleling and crossing a portion of County Rd. #5-5338 between Tavares and Lisbon.
No. 277 - Florida Telephone Corp. for the construction and maintenance of buried cable paralleling and crossing a portion of County Rd. #5-5737 between Tavares and Lisbon.
No. 278 - Florida Telephone Corp. for the construction and maintenance of buried cable paralleling and crossing a portion of County Rd. #5-5335 between Tavares and Lisbon.
No. 279 - Florida Telephone Corp. for the construction and maintenance of buried cable along County Rd. #5-5136 between Tavares and Lisbon.
No. 280 - Florida Telephone Corp. for the construction and maintenance of buried cable along County Rd. #5-5341 between Tavares and Lisbon.
No. 281 - Florida Telephone Corp. for the construction and maintenance of buried cable along County Rd. #5-5639 between Tavares and Lisbon.
No. 282 - Florida Telephone Corp. for the construction and maintenance of buried cable along County Rd. #5-5341 between Tavares and Lisbon.
No. 283 - Florida Telephone Corp. for the construction and maintenance of buried cable along County Rd. #5-5437 between Tavares and Lisbon.
No. 284 - Florida Telephone Corp. for the construction and maintenance of buried cable along County Rd. #5-4636 between Tavares and Lisbon.
bonds – misc.
On a motion by Commr. VanAuken, seconded by Commr. Carson and carried, firearms bonds were approved for the following:
J. Kingley Tryon
Donald J. Barton
John R. Simms
Tom Flegal
Bobby Lee Wilkes
On a motion by Commr. Carson, seconded by Commr. VanAuken and carried, contractors’ bonds for certificates of competency were approved as follows:
No. 393 (Renewal) Southern Plate Glass and Paint Co.
No. 571 (new) Leslie D. Napier
No. 574 (new) Herbert E. Rose dba rose Masonry
No. 575 (new) Charles Blackman
No. 323 (Cancel) Artcraft Neon Sign Co.
Deputy Sheriff bonds were approved on a motion by Commr. Windram, seconded by Commr. Deems and carried for the following:
Gary Lealon Pope
Donald Gene Williams
communications
A letter from the residents of Grove Lane expressing appreciation for the “Dead End” sign, which is already proving to be of benefit to them, was read and filed.
courthouse
The Chairman requested the Pollution Control Officer to take over the surveillance and operation of the Courthouse disposal plan.
reports
Reports from the Veterans Service Officer and the Welfare Director for the month of February were filed.
The report of cigarette tax collections and distributions for the month of December 1970 was filed.
accounts allowed
On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Civil Defense Coordinator was authorized to apply to the State Civil Defense Office for funds to purchase a Copystate Machine for a price of $795 plus $100 service agreement, one half to be paid by the Board and one half by the State Civil Defense.
On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board approved the purchase of seven folding banquet tables at $40.65 each for use in the auditorium at the Agricultural Center.
At the request of the Game & Fresh Water Fish Commission, the Board approved the purchase of two tons of soybean cake from Security Mills of Palatka at a cost of $158.75 per ton.
A request from the Clerk of Court to redeem 1969 Tax Certificate #200 in the amount of $7.34 and 1968 Tax Certificate #232 in the amount of $7.62 was approved on a motion by Commr. Deems, seconded by Commr. VanAuken and carried.
On the recommendation of Commr. Windram, the Board approved maximum purchases of $50 by the Pollution Control Officer for laboratory equipment.
There being no further business to bring before the Board, the meeting was adjourned at 6:15 p.m.
_________________________________ _____________________________
CLERK chairman