MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS

 TUESDAY – october 5, 1971

A regular meeting of the Board of County Commissioners of Lake County, Florida, was held in the Commissioners’ Room, Courthouse, Tavares, Florida, on Tuesday, October 5, 1971, at 9:00 o’clock 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 present were Christopher C. Ford, County Attorney; Fred R. Harpster, County Engineer; J. C. Watkins, County Planning Director; Frank E. Owens, Clerk of the Circuit Court; and Norma H. Coven, Deputy Clerk.

The meeting was called to order by the Chairman and the invocation was given by Commr. Deems, after which the Pledge of Allegiance to the Flag was recited.

MINUTES

On motion of Commr. Carson seconded by Commr. Deems and carried, the Minutes of the Regular Meeting of June 21, 1971, were approved as submitted.

On motion of Commr. Deems seconded by Commr. Carson and carried, the Minutes of the Regular Meeting of July 6, 1971 and Special Meeting of September 23, 1971, were approved as submitted.

county property

Commr. Deems asked the Attorney’s opinion relative to the exchange of County property with a resident where the adjoining property is in the City of Leesburg.  Attorney Ford said the County property should be appraised or the County could deed the property to the City.  Mr. Deems said he will discuss this further with the City of Leesburg.

Chester Crum appeared concerning a cloud on the title of County property located in Block 59, City of Tavares.  He was referred to the County Attorney.

state roads

On motion of Commr. Carson seconded by Commr. VanAuken and carried, a Resolution was adopted requesting the Department of Transportation to construct deceleration and acceleration lanes in the Southbound lane of SR 500 at the Welcome Station North of Leesburg, same to be paid from Lake County’s secondary road funds.

county property

On motion of Commr. Deems seconded by Commr. Carson and carried, the Engineer was authorized to resurface the drives and ramps around the Leesburg maintenance yard to reduce dust and mud conditions at an estimated cost of $250.00.

ROADS – STATE

On recommendation of the County Engineer and on motion of Commr. VanAuken seconded by Commr. Carson and carried, a Resolution was adopted to furnish the Department of Transportation the necessary rights of way, borrow pits and easements for that portion of SR 40, extending from the Marion County Line Easterly approximately 622.63 feet and authorizing the Chairman and Clerk to execute Right of Way Contract for construction of said portion of road.

appointments

Commr. Deems reported that Mr. Howard Kurfiss declined the appointment to the Lake Sumter Community Mental Health Center and recommended that Mrs. Lacy G. Thomas, Groveland, be appointed to fill the vacancy.  The Board concurred in the appointment.

public service commission

The Chairman instructed the Clerk to write the Public Service Commission for an explanation of why the Mount Dora and Tavares Seaboard Coast Line Stations have been dualized when the Board had been notified that the dualization had been denied.

Clerk Owens presented a Notice from the Public Service Commission that the Petition to dualize the Seaboard Coast Line Stations at Clermont and Groveland was denied.  Also, he presented a Notice that a Public Hearing will be held October 12, 1971, in the Circuit Courtroom, Lake County Courthouse, to consider application of Lake County Economic Opportunity, Inc., for a common motor carrier Certificate.

meetings

On recommendation of the Chairman, the County Engineer was scheduled to bring his recommendations to the Board at the second meeting of the month between the hours of 9:30 A.M. and 10:30 A.M.; and the Planning Director was scheduled for the third meeting of the month at 1:30 P.M.

The Board Members concurring, the second meeting in December was scheduled as a work session with the garbage and refuse collectors at 10:30 A.M.; and the second meeting in November, the Board will work on a policy concerning the Collectors as well as the personnel policy submitted by the Engineer.

public health

Mrs. Herbert Wilkes appeared and complained that the restrictions placed on garbage franchises by the Board is detrimental to her husband’s business.  The Board discussed several avenues of relief for the Wilkes’ and on recommendation of Commr. Deems, granted Mr. Wilkes an extension to operate his business and seek new customers in the area already served by him.  On motion of Commr. Deems seconded by Commr. VanAuken and carried, the Board authorized W & R Garbage & Trash Service, Montverde, to operate without a franchise temporarily and service the area adjacent to the existing area he now serves until October 25, 1971.

Ward Sturdivant appeared relative to a franchise, stating he has located a packer type truck, but before investing in it, he would like a commitment from the Board.  Mr. Sturdivant’s request will be taken under advisement.

Mr. Harpster discussed a proposal from Dump All, Inc. to place a 40 yd. compactor container at the Paisley dump site at a cost to the County of $45.00 monthly rental and $75.00 per dumping.  On motion of Commr. Deems, seconded by Commr. Windram and carried, the Board agreed to the above on a trial basis, with the understanding that the first month’s rent will be at no cost to the County and the months thereafter will be as outlined above.  The Engineer was instructed to make the necessary site preparations.

On motion of Commr. Deems seconded by Commr. Carson and carried, the following fees were established for use of the Lake County Sanitary Landfill by the public:

Individual automobiles          -           No charge

½ ton pickup trucks                -           $1.00 each dumping

Other trucks and packers        -           40¢ per cu. yd.

 

Clerk Owens submitted notice from the USDA, Forest Service, advising of corrective measures the County needs to take in order to operate two sanitary landfills under Special Use Permits issued by the Service.  Same was referred to the County Engineer with instructions to remedy the situation at once.

On recommendation of the County Engineer and on motion of Commr. Windram seconded by Commr. Deems and carried, the Board agreed to enter into an agreement with Glenn A. LaRoe to clean up the dumping site located on his property as follows:

The County will cover all refuse, slope the property and replace any fencing that will be moved in order to do the work, in exchange for 4,067 yds. of clay, or as much as exists on the site if less than 4,067 yds. and will hold harmless agreement and right of access agreement during the life of the Contract.

The above was approved because the land has been used by the public as well as the County as a dumping site.

ordinances

On motion of Commr. Carson seconded by Commr. Deems and carried, Ordinance 1971-5 was placed on second reading by title only as amended:

AN ORDINANCE TO BE ENTITLED AN ORDINANCE RELATING TO MUSICAL OR ENTERTAINMENT FESTIVALS; PROVIDING FOR DEFINITIONS; REQUIRING THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY TO ISSUE SPECIAL ENTERTAINMENT PERMITS AS A CONDITION PRECEDENT TO ISSUANCE OF OCCUPATIONAL LICENSES; SETTING MINIMUM STANDARDS AND CONDITIONS FOR THE ISSUANCE OF THE PERMITS; SETTING FEES; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY OF PROVISIONS; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE.

 

On motion of Commr. Windram seconded by Commr. Carson and carried, the Ordinance was approved on second reading as amended; and the third and final reading was scheduled for the third meeting in the month.

commercial fishermen

Representatives of the Game and Fresh Water Fish Commission, Lake Improvement Association and the Commercial Fishermen’s Association were present relative to the hours for commercial fishermen.  After a lengthy discussion all Agencies represented were requested to iron out their differences and bring their recommendations back to the Board for consideration.

recess and reassembly

The Meeting recessed at 12:30 P.M. and reconvened at 1:30 P.M. to take up the remaining items of business.

tax collector

T. Keith Hall, Tax Collector, appeared and submitted recapitulation of errors, discounts, insolvencies and double assessments on tangibles and real estate against the 1970 Tax Roll and same was approved on motion of Commr. Carson seconded by Commr. Deems and carried.

Mr. Hall also presented Report showing the amount charged on the 1970 Tax Roll and receipts collected totaling $7,846,483.78.

courthouse

On motion of Commr. Deems seconded by Commr. Windram and carried, C. B. Joyner & Associates were engaged to make an engineering study of the heating and air-conditioning system in the Courthouse, cost of same not to exceed $350.00; and the Clerk was authorized to make available the Courthouse plans and specifications for the study.

roads – county

Wm. Tucker, Rt. 1, Box 533, Groveland, appeared and presented three affidavits signed by residents that Carter Island Road, County No. 2-2104, has been used by the public for a period of twenty years and continuously maintained by Lake County for a period of four years.  On recommendation of the Attorney that the road is a way of necessity, same was referred to Commr. Deems for determination.

The Engineer reported the construction and paving of Radio Road (County #5-5433) is 90% complete.

Mr. Harpster presented check in the amount of $1200.00 from the developers of Lake Dora Pines Subdivision, reimbursement of cost to install culvert at Lakeshore Drive.  On motion of Commr. Carson seconded by Commr. VanAuken and carried, the Board agreed to assume maintenance of the following streets in Lake Dora Pines; provided same are built to County specifications and approved by the County Engineer.

            Laurel Drive, paved, 24’ wide and 1,907’ long

            Oleander Street, paved, 360’ long and 24’ wide

            Holly Drive, paved, 351’ long and 24’ wide

            Azalea Court, paved, 115’ feet long and 24’ wide

 

bids

On recommendation of the County Engineer and on motion of Commr. Windram seconded by Commr. Carson and carried, the following were accepted as the lowest and best Bids on Annual Requirements:

SIGN MATERIALS:  Minnesota Mining & Mfg. Co. – Reflective facings, non-reflective facings, cut out letters and numbers

 

                                    McCain Sales of Florida, Inc. – Steel delineator posts, steel channel posts, galvanized iron pipe and double slotted crosses

 

                                    Atlantic Aluminum & Metal Distributors, Inc. – Aluminum blanks

 

ASPHALTIC CONCRETE PLANT MIX:      Basic Asphalt Corp. apparent low bidder because of hauling distance

 

CRUSHED STONE AND LIMEROCK:        Shands & Baker, Inc.

 

SLAG:                                                             Holmes Company, Inc.

 

CONCRETE PIPE:                                         Lakeland Cement Company, Inc.

 

ASPHALT MATERIAL:                                Central Oil Company

 

CORRUGATED ALUMINUM PIPE:            Gator Culvert Company

 

CORRUGATED STEEL PIPE:                      Thomas Metals, Inc.

 

The Board authorized the Clerk to advertise for Bids for the purchase of one new pickup truck for the Pollution Control Board.  Bids are to be received on November 2, 1971.

 

roads – subdivision

On motion of Commr. Carson seconded by Commr. Windram and carried, the Board will accept for maintenance, Lake View Drive, 1390 feet long 20 feet wide, 50 foot right of way and Canal Street, 1078 feet long, 20 feet wide, 50 foot right of way, in Stone Mountain Subdivision, if built to County specifications and approved by the County Engineer.

county engineer

On motion by Commr. Deems seconded by Commr. Windram and carried, the County Engineer was instructed to assist the Town of Howey-in-the-Hills in preparing plans and specifications for additional street resurfacing.

schools

A Resolution from the School Board was presented, asking the County’s consideration to construct two streets leading to the Groveland High School and to resurface Gadson Street.  Same was referred to the County Engineer.

bonds

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

            Herman E. L. Brainard

            Donald M. Friday

            Mary Nancy Love Friday

            Robert L. Perry

            James P. Weir

 

On motion of Commr. Carson seconded by Commr. Deems and carried contractors’ bonds for certificates of competency were approved for the following:

RENEWALS:

 

#66

Vincent C. Schieber

#88

Cecil E. Badley

#95

Stephen C. Vaughn

#96

Roy Ledford

#138

Lyle Tinney, dba Tinney and Son

#149

Carol H. Flavell

#151

Wm. Smithgall, dba Smithgall Sheet Metal

#158

Wade A. Myers

#169

Phil LeBar, dba Ralph C. Thompson & Son

#178

Morton Barnes, dba Mid State Mechanical, Inc.

#196

Norman George Shrode, Sr.

#203

W. A. Holloway, dba Holloway Bldg. Co.

#205

Ernest L. Parkhurst

#219

Elam Glisson, representative Clay Elec.

#220

Ira D. Starkey

#310

Lester G. Een

#415

Bobby E. Faircloth

#426

Jos. Queen, dba Queen Roofing Co.

#463

W. D. Pilcher

#517

Tex A. Merritt

#530

W. L. Warren, dba Hulme Outdoor Advertising

#548

Ben Louise Bridgers

#599

M. C. Boatwright, dba Boatwright Electric Co.

#624

Ron Krueger, dba Ron’s Mobile Home Service

 

            NEW:

 

#629

Howard Horton

#630

Fred D. Foust, dba Holiday Pools of Florida, Inc.

#631

Chas. Hall, dba Chas. Hall & David Sampson

 

 

On motion of Commr. Deems seconded by Commr. Windram and carried, Deputy Sheriff Bonds on the following were approved:

            Mary Ellen James

            Edward Lester Mullen

            George R. Williams

 

licenses and permits

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

To Fla. Telephone Corp. for the construction and maintenance of buried cable between Lake Jem and County Road #3-3266 along County Rd. #3-3268

 

To Fla. Telephone Corp. for the construction and maintenance of buried cable along County Road #4-3780 between Rossiter St. and Highland St.

 

To Fla. Telephone Corp. for construction and maintenance of buried cable along County Rd. #3-3267 between SR 448 and County Rd. #3-3266.

 

To Fla. Telephone Corp. for construction and maintenance of buried cable along County Rd. #3-2266 between Lake Jem and County Rd. #3-3267.

 

No. 299 – Fla. Telephone Corp. to construct and maintain aerial cable along County Rd. #3-1158 between Winter Garden and Clermont.

 

No. 300 – Fla. Telephone Corp. to construct and maintain aerial cable along County Rd. #3-1255 between Winter Garden and Clermont.

 

No. 302 – Fla. Telephone Corp. to construct and maintain aerial cable along County Rd. #4-5884 between Eustis and Cassia.

No. 303 – Fla. Telephone Corp. to construct and maintain buried cable along County Rd. #3-3259 between SR 488 and Venetian Village.

 

No. 306 – Fla. Telephone Corp. to construct and maintain buried cable along County Rd. #4-4581 between SR S-437 and SR 441.

 

No. 307 – Fla. Telephone Corp. to construct and maintain buried cable along County Rd. #3-4664 between County Rd. #4-4465 and SR S-19-A.

 

No. 308 – Fla. Telephone Corp. to construct and maintain aerial cable along County Rd. #4-6172 between Eustis and Cassia.

 

No. 309 – Fla. Telephone corp. to construct and maintain buried cable along County Rd. #2-1726 between Groveland and Clermont.

 

suits affecting county

The County Attorney was instructed to defend the suit brought against the Board of Tax Adjustment and to notify the School Board that Lake County will expect monetary assistance from the School Board in defending the suit.

Mr. Ford reported on his trip to Washington, D.C. to testify before the Senate Subcommittee.  The Surgeon General did testify and did admit there are phosphate detergents that are more dangerous than non-phosphate detergents.

county employees

On motion of Commr. Windram seconded by Commr. Deems and carried, the Board approved the employment of Robert Stroud as Planning Coordinator of the Youth Service Bureau effective Oct. 1, 1971, at an annual salary of $14,000.

Resignations from Employees in the Lake County Juvenile Court, effective September 30, 1971, were accepted from the following:

            W. T. Mills, Counselor

            Pat R. Kicklighter, Assistant Counselor

            Edna H. Keen, Secretary

 

youth service bureau

County Judge, W. A. Milton, Jr., and Robert Stroud appeared and presented Budget for the Youth Service Bureau and same was approved and adopted as submitted on motion of Commr. Carson seconded by Commr. Deems and carried.

Later this action was rescinded on motion of Commr. Carson seconded by Commr. VanAuken and unanimously carried.

On motion of Commr. Windram seconded by Commr. Carson and carried, the Budget for the Youth Service Bureau was approved with the exception of Items 200.03-1 and 200.03-2, Other Personal Services – Chairman – Project Director, and Other Personal Services – Record Keeping – Local Consultant.  These two items will be considered at a later date upon advice from the County Attorney.

county depositories

On motion of Commr. Windram seconded by Commr. Deems and carried, the Bank of Tavares was designated as the Depository for the Youth Service Bureau.

communications

Commr. Windram advised Lake County has been asked to update its efforts in having the Wekiva River designated as a “scenic” or “wild” River.  The Clerk was instructed to forward copies of Resolution previously adopted by the Board on this subject, to the Governor and Legislative Delegation.

Clerk Owens presented Notices from the USDA, that the Forest Service has optioned to buy lands in River Forest Sub., Units 1 and 2, and in Govt. Lot 1, 1/17/27, for the purpose of consolidating National Forest ownership.

Letter of request from the Suwannee River Authority concerning County building requirements, was referred to the Building Departments.

accounts allowed

Notice of telegram received from American Fire & Casualty Co., surety for J. O. Jones, Asphalt Paving Co., that the Contractor is unable to pay all bills on paving Contract with Lake County and that no future payments should be made on the Contract without the consent of the Surety.

Requests from the Sheriff in the amount of $51,544.15 and from the County Judge in the amount of $16,083.00 were approved on motion of Commr. Windram seconded by Commr. Carson and carried with the stipulation that they be notified that no salary increases will be allowed pending the President’s wage freeze.

Request from East Central Florida Regional Planning Council for reimbursement for October expenses in the amount of $591.67 was approved on motion of Commr. Carson seconded by Commr. Deems and carried.

Advance of $31.80 to the Juvenile Court Office for postage and box rent was approved on motion of Commr. Deems, seconded by Commr. Carson and carried.

Request from Lake County Chamber of Commerce in the amount of $2,083.33 for October expenses was approved on motion of Commr. Carson seconded by Commr. Deems and carried.

Advance of $50.00 petty cash fund to the Engineering Department and $25.00 petty cash to the Building Department were approved on motion of Commr. VanAuken seconded by Commr. Carson and carried.

Request from the Clerk of the Circuit Court for $2,000.00 advance to pay State Trial Witnesses at the Fall Term of Circuit Court was approved on motion of Commr. Carson seconded by Commr. VanAuken and carried.

Travel expense for the County Engineer, Road Superintendent and Commr. Deems to attend meeting in Sarasota, October 21st, concerning recycling solid waste was approved on motion of Commr. Windram seconded by Commr. Carson and carried.

On motion of Commr. Deems seconded by Commr. Carson and carried, travel was approved for Fred Bollenberg, Assistant Service Officer to attend Conference in St. Petersburg, October 13-15.

On motion of Commr. Carson seconded by Commr. Deems and carried, travel was approved for Robert F. Oatman to attend Annual Research Conference of the Southern Building Code Congress in New Orleans October 30 – November 4.

On motion of Commr. VanAuken seconded by Commr. Carson and carried, the Engineer was authorized to have emergency generator repaired for the base radio station not to exceed $350.00.

complaints

Written complaint from Adolph Tomisek, objecting to proposed County clay pit adjacent to the Conant Road (#1-7807) was read and filed.

Letter from Mrs. Clyde Herrick was read regarding trash and refuse along SR 435 and SR 46 and protesting the ban on open burning.

reports

The Engineer filed a Report on the status of approved road projects, road construction, for September, number of vehicles inspected and fees collected at the MVI stations for September.

Monthly report from the Veterans Service Office for September was filed.

Annual report from the Division of Forestry was filed concerning the Cooperative Fire Control Agreement with Lake County and giving receipts and expenditures for the Program for the 1970-71 Fiscal Year.

There being no further business to bring before the Board, the meeting adjourned at 5:40 o’clock p.m.

 

 

_________________________________                                                                                                                  _____________________________

CLERK                                                                                                                                                                       chairman