MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS
tuesday – october 19, 1971
A regular meeting of the Board of County Commissioners of Lake County, Florida, was held in the Commissioners’ Room in the Courthouse, Tavares, Florida, on Tuesday, October 19, 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 present were Christopher C. Ford, County Attorney; Fred M. Harpster, County Engineer; Frank E. Owens, Clerk of Circuit Court; and Norma H. Coven, Deputy Clerk.
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 given.
minutes
On a motion by Commr. VanAuken, seconded by Commr. Deems and carried, the minutes of the regular meeting of August 2, 1971 were approved as submitted.
chamber of commerce
The Report of Income and Disbursements from the Lake County C. of C. for the fiscal year October 1, 1970 through September 30, 1971 was filed and copies distributed to Board members; also, a report of monies spent from publicity tax monies fund.
law library
Commr. Carson reported he discussed the charges made by the Librarian with the Law Library Board, and it was agreed that the charge would be increased to 25 cents per page.
Commr. Carson stated the Law Library Board has requested that a copy of all County ordinances be on file in the Library, and the Clerk was asked to furnish same.
reports – official
The annual report from the Office of the County Judge showing receipts and expenditures for the fiscal year ending Sep. 30, 1971 with a refund to the County in the amount of $123.72 was approved, and the Clerk was instructed to deposit the check.
The annual report from the Sheriff showing receipts and expenditures for the fiscal year ending Sept. 30, 1971 with a refund to the County of $1,570.21 was approved, and the Clerk was instructed to deposit the check.
resolutions not classified elsewhere
On a recommendation of the Chairman and on a motion by Commr. Windram, seconded by Commr. Deems and carried, a resolution was adopted approving the proposed legislation that the State Legislature adequately fund the Public Defender System throughout the State in order to create a uniform system and to promote a better Public Defender System and opposes placing the tax burden on the sixty seven counties of Florida. The clerk was instructed to forward copies of the resolution to the President of the Senate, Speaker of the House, and Lake County’s legislative delegation.
Clerk Owens presented a request from Orange County requesting approval of the withdrawal of Orange County from the Central Florida Regional Housing Authority, whereupon on a motion by Commr. Carson, seconded by Commr. VanAuken and carried, a resolution was adopted approving the request. The Planning Director was instructed to pursue the advisability of Lake County withdrawing from the Housing Authority.
juries
J. C. Hunter, Deputy Clerk in the Office of the Clerk of Circuit Court, appeared and advised the Board the Comptroller is questioning the Clerk’s payment to jurors for mileage. Mr. Hunter advised AGO over the years are inconsistent and requested that the County Attorney ask for a declaratory decree to have the Court give an opinion as to what the Clerk should pay. Mr. Ford said he will be in Tallahassee on Thursday of this week and will contact the Comptroller’s Office for a clarification.
bids
It now being the time advertised to receive bids for the sale of surplus County property, the Chairman directed the Clerk to open and tabulate the bids, whereupon Clerk Owens reported receiving the following bid:
Wallace R. Stacy $506.00
On a motion by Commr. Deems, seconded by Commr. Carson and carried, the bid was accepted and the Attorney was instructed to prepare a deed conveying the following described property to Mr. Stacy:
Lot 4, Block 1, West Addition to Bloomfield Sub., as recorded in Township Plat book of Lake County, Florida.
road closings
Mr. Larry King appeared and presented proof of publication to close a dedicated road, and on the recommendation of the Attorney, Mr. King was requested to readvertise the notice two consecutive weeks for a public hearing on Nov. 9.
appointments
On a motion by Commr. VanAuken, seconded by Commr. Windram and carried, the following persons were appointed to serve as members of the Examining Board relative to Contractor’s Certificates of Competency and Construction and Building Codes for Trades:
Morton J. Barnes
Clarence E. Bishop
Jesse W. Dooley
Robert A. Drew
Louis C. George
A. A. Hungerford
James Sheddan
bids
It now being the time advertised to receive bids on the following items, the Chairman directed the Clerk to open and tabulate the bids, whereupon, the Clerk reported receiving bids from the following:
OCCUPATIONAL DEATH OR BODILY INJURY INSURANCE ON LAW ENFORCEMENT OFFICERS:
Lassiter-Ware Insurance (Continental Casualty Co.)
Geiger, Holstein, Church, Inc. (The Travelers)
Jim Crosley (Continental Casualty Co.)
John Alden Murray Agency (The Travelers Ins. Co.)
Noblitt Insurance Agency (Nationwide)
Simpson-Waite, Inc. (Life Ins. Co. of North America)
COMPREHENSIVE HOSPITAL LIABILITY:
Lassiter-Ware Insurance (St. Paul Fire & Marine Ins. Co.)
Simpson-Waite, Inc. (Insurance Co. of North America)
BOILER & MACHINERY COVERAGE:
First National Ins. Agency, Inc. (American Motorists Ins. Co.)
Consolidated Insurance Agency (Maryland Casualty Co.)
Geiger, Holstein, Church, Inc. (American Motorist Ins. Co.)
Lassiter-Ware Insurance (Hartford Steam Boiler Inspection & Ins. Co.)
Noblitt Insurance Agency (Nationwide)
COMPREHENSIVE FLEET LIABILITY:
Noblitt Insurance Agency (Nationwide)
Simpson-Waite, Inc. (Insurance Co. of North America)
On a motion by Commr. Deems, seconded by Commr. VanAuken and carried, the low bid from Noblitt Insurance Agency in the amount of $8,782.43 was accepted as the best bid on the Comprehensive Fleet coverage.
On the recommendation of the County Attorney and on a motion by Commr. Windram, seconded by Commr. Deems and carried, the First National Insurance Agency, Inc. was designated Agent of Record to furnish Lake County Boiler and Machinery coverage for an annual premium of $893.00 for three years, with the understanding that the identical bidder, Geiger, Holstein, Church, Inc., may share in the premium if agreeable to the Agent of Record.
On a motion by Commr. Carson, seconded by Commr. Deems and carried, the low bid from Lassiter-Ware Insurance to furnish Comprehensive Hospital Liability on the Lake Memorial Nursing Home for an annual premium of $1,643 was accepted as the best bid.
On a motion by Commr. Windram, seconded by Commr. Deems and carried, Lassiter-Ware Insurance was designated Agent of Record to furnish Occupational Death or bodily Injury Insurance on the Law Enforcement Officers for an annual premium of $712.80 with the understanding that the identical bidder Jim Crossley may share the premium if agreeable to the Agent of Record.
maps and plats
Sam Powell appeared and presented the Plat of Coachwood Mobile Colony, Second Addition, which is located within the City of Leesburg. The plat has been approved by the City and meets all requirements of the Planning Dept. Mr. Harpster advised he has not reviewed the Plat, whereupon on a motion by Commr. Deems, seconded by Commr. VanAuken and carried, the Plat was approved subject to the Engineer’s approval.
bids
It now being the time advertised to receive bids on the following items, the Chairman directed the Clerk to open and tabulate the bids; whereupon, Clerk Owens reported receiving the following bids:
ROTARY MOWERS (3)
Lake Sumter Equipment Co., Inc.
Prescott Tractor Sales
Shelfer Ford Tractor Co., Inc.
ONE (1) 1972 PICKUP
Bob Wade Ford, Inc.
Richey-Buick-Pontiac, Inc.
D. C. Waters Ford, Inc.
2 DRAGLINES, ONE FRONT END LOADER, ONE CRAWLER TYPE TRACTOR
Case Power and Equipment
DeWind Machinery Company
Florida Equipment Company
LeTourneau Tractor Co.
Linder Industrial Machinery Co.
Jos. L. Rozier Machinery Co.
State Tractor & Equipment Co., Inc.
Ring Power Corporation
On a motion by Commr. Windram, seconded by Commr. VanAuken and carried, the bids were referred to the County Engineer for study and recommendation to the Board.
ordinances
On a motion by Commr. VanAuken, seconded by Commr. Windram and carried, Ordinance 71-5 was placed on their reading by title only, same being:
AN ORDINANCE TO BE ENTITLED AN ORDINANCE RELATING TO MUSICAL OR ENTERTAINMENT FESTIVALS; PROVIDING FOR DEFINITIONS; REQUIRING OCCUPATIONAL LICENSES; 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 a motion by Commr. Carson, seconded by Commr. VanAuken and carried, the Ordinance was adopted as amended on the third and final reading.
recess and reassembly
The meeting recessed for lunch at 12:20 p.m. and reconvened at 1:30 p.m. to take up the remaining items of business.
planning and zoning
On the recommendation of the Planning Director and on a motion by Commr. Carson, seconded by Commr. Deems and carried, the Clerk was authorized to advertise a public hearing to consider an ordinance to be known as “The Zoning Ordinance of Lake County,” same to be held Nov. 16, 1971 at 1:30 p.m. The Chairman announced the proposed amendments to the Zoning Regulations will be considered again the first meeting in November.
It now being the time advertised to hold a public hearing on zoning reclassifications and 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:
Public Hearing 72-71-1
Legal Description:
Sec. 23, Twp. 19S, Rge 25E: From a point 276.86 feet West of the NE corner of SE ¼ run south 0 degrees 40’ 40” West for 651.15 feet, thence North 89 degrees 21’ 10” West for 250 feet to the Point of Beginning, run thence North 0 degrees 40’ 40” East for 120 feet, thence North 89 degrees 21’ 10” West for 240.57 feet, thence South 0 degrees 40’ 40” West for 331.40 feet to the North R/W line of US 441, thence SE’ly along R/W for 251.48 feet to a point that is South 0 degrees 40’ 40” West of the POB, run thence North 0 degrees 40’ 40” East for 284.77 feet to the POB.
Change in Zoning Classification: The Zoning Classification was R-1 (Rural Residential) and is hereby changed to C-1 (Rural or Tourist Commercial).
Public Hearing 73-71-1
Legal Description:
Sec. 4, Twp 19S, Rge 24E: The North 30 feet of Lot 6 and all of Lots 7 thru 12 inclusive, Block B of Zepher Lake subdivision as shown by plat, filed and recorded in Plat Book 11, Page 78, Public Records of Lake County, Florida.
Change in Zoning Classification: The Zoning Classification was C-2 (Commercial District and A (Agriculture) to C-3 (Urban Commercial-Small Industry).
Public Hearing 66-71-2
Legal Description:
Sec 22, Twp 21S, Rge 25E, West 400 feet of West ½ of SW ¼ of SE ¼ South of Hwy;
LESS: Begin on South R/W line of Hwy 27 at point 400 feet East of West line of SW ¼ of SE ¼, run Westerly along Hwy to point 100 feet West of East line of West 400 feet of West ½ of SW ¼ of SE ¼. South 175 feet, East 100 feet, North to Point of Beginning.
Change in Zoning Classification: The Zoning Classification was A (Agriculture) and is hereby changed to C-1 (Rural or Tourist Commercial).
Public Hearing 70-71-2
Legal Description:
Sec 22, Twp 21S, Rge 25E: From the Northwest corner of the Southwest ¼ of the Southwest ¼ run thence North 200 feet more or less to the Southerly R/W line of US 27; run thence Southeasterly along the Southerly R/W line of US 27, a distance of 291.20 feet to the Point of Beginning; run thence South 77 degrees 25’ 00” East, a distance of 302 feet more or less to a Point of Curvature; continue thence South 77 degrees 25’ 00” East, a distance of 758.30 feet; run thence South 0 degrees 49’ 10” West, a distance of 600 feet more or less; run thence North 77 degrees 25’ 00” West, a distance of 1350 feet more or less; run thence North 1 degree 13’ 00” East a distance of 400 feet more or less; run thence Southeasterly and parallel to the Southerly R/W line of US 27, a distance of 290 feet more or less; run thence North 1 degree 13’ 00” East, a distance of 200 feet to POB.
Change in Zoning Classification: The Zoning Classification was R-1A (Rural Residential) and is hereby changed to C-1 (Rural or Tourist Commercial).
Public Hearing 74-71-5
Legal Description:
Sec. 6, Twp 19S, Rge 26E: The East ½ of Government Lot 5.
Change in Zoning Classification: The Zoning Classification was R-1 (Rural Residential) and is hereby changed to R-3 (Mobile Home Park – Subdivision).
Public Hearing 67-71-5
Legal Description:
Sec. 29, Twp. 17S, Rge 27E: Sec. 30, Twp. 17S, Rge 27E: That part of the NW ¼ of Sec. 29 and that part of the NE ¼ of the NE ¼ of Sec. 30, described as follows: From the intersection of the South line of the NE ¼ of NE ¼ of Sec. 30, with the West line of the R/W of SR 19, run Northeasterly along the said West R/W line a distance of 600 feet to the Point of Beginning, thence continue Northeasterly along said R/W 200 feet, thence run West 150 feet, thence Southwesterly parallel with said R/W feet, thence East 150 feet to the POB.
Change in Zoning Classification: The Zoning Classification was A (Agricultural) and is hereby changed to C-1 (Rural or Tourist Commercial).
Public Hearing 68-71-4
Legal Description:
Sec. 32, Twp. 19S, Rge 27E: North ½ of Southeast ¼ of Southeast ¼ of Northeast ¼; AND: Lake Franklin Park unit 3, Lots 1 thru 10 inclusive, South 107.7 feet of Lots 11 and 12, East ½ of Lot 13 in Block 3; all of Blocks 4 and 5; LESS: North 17 feet of Block 3; Less: Highway.
Change in Zoning Classification: The Zoning Classification was A (Agricultural) and is hereby changed to R-3 (Mobile Home Park – Subdivision).
Included in the foregoing motion was denial of the following:
CUP 313-5, 319-5, 330-1, Zoning Case No. 71-71-5, 76-71-3; and postponement at 2 p.m. to Nov. 16, 1971 of Zoning Cases No. 69-71-1 and 61-71-1; and approval of CUP 331-2 and 325-5.
On the recommendation of the Planning and Zoning Commission, the applicant of Zoning Case No. 75-71-3 was instructed to reapply for a Conditional Use Permit, same being CUP No. 343-3 and approved on a motion by Commr. Carson, seconded by Commr. Deems.
Conditional Use Permit No. 326-3 was called for hearing with the applicant being present, and same was approved on a motion by Commr. Deems, seconded by Commr. Carson.
CUP 322-5 was called for hearing, and the Chairman called for interested persons to be heard.
The following persons appeared and opposed the Permit:
R. W. Norris, D. C. Gardner, and Robert Stebbins, Attorney
The following persons appeared in support of the Permit: A. M. Collins, Jr.
On the recommendation of the Chairman and on a motion by Commr. Carson, seconded by Commr. Deems and carried, CUP 322-5 was approved with the recommendation of the Pollution Control Board being included in the Permit. Commr. VanAuken voted against the motion.
public health
On a motion by Commr. Carson, seconded by Commr. Deems and carried, Nils A. Hallgren and M. E. Pitts and Leona Pitts were declared to be in violation of County Ordinance 70-1 and the properties involved declared to be a public nuisance, and the parties were given until January 1, 1972 to clean up the properties.
maps and plats
Mr. Harpster advised he has reviewed the Plat of Coachwood Mobile Colony, Second Addition, and the Plat does not comply with Chapter 177, Florida Statutes, and title opinion was not furnished. Attorney Ford said the title opinion is not necessary since the property is located within the City of Leesburg. Mr. Harpster was instructed to return the Plat to the surveyor for corrections prior to recording.
autos and trucks
On a motion by Commr. VanAuken, seconded by Commr. Carson and carried, a resolution was adopted authorizing the installation of mobile unit radios in the private automobiles of the County Commissioners in accordance with policy established in 1965 when the license was issued to the County.
On a motion by Commr. Deems, seconded by Commr. VanAuken and carried, a resolution was adopted authorizing private citizen’s ban units installed in County-owned equipment for emergency use and requiring that the units be duly licensed.
roads – county
On the recommendation of the County Engineer and on a motion by Commr. Carson, seconded by Commr. Windram and carried, the following streets in Golden Heights Subdivision were accepted for maintenance into the County road system:
Dale Court – County Road #3-4362-A
Simpson Lane – County Road #3-4362
Lake Eleanor Drive – County Road #3-4160
Vincent Drive –County Road#3-4263 from lot lines 7 and 9 southerly to the Section Line.
roads – state
A notice from the DOT was filed advising that a flasher type school sign has been installed at SR 44, 500A, and SR 19.
A notice from the DOT was read and filed advising that bids will be received in Tallahassee on October 28, 1971 for intersection improvements to the intersection of SR 25 and SR 500 in Leesburg.
A notice from the DOT was read and filed advising that bids will be received in Tallahassee on October 28, 1971 for the construction of SR 455 from SR S-455 at Ferndale to SR 19 south of Howey in the Hills.
deeds
A request from the School Board conveying the following described property was referred to the County Attorney:
N ½ of NW ¼ of SW ¼ of Section 30, Township 19S, Range 28 East, Lake County, Florida.
bonds – misc.
On a motion by Commr. Windram, seconded by Commr. VanAuken and carried, the following contractor’s bonds for Certificates of Competency were approved:
Renewal – No:
199 – Virgil Morrison
156 – Florida Housecraft, Inc.
306 – Ralph Kaschi
420 – Allen D. Conerly
530 – Fred C. Kuhlman
591 – Harry Moody
607 – Charles A. Screws
608 – Richard R. Von Bampus
633 – E. E. Weirich
634 – J. Rushton Bailey
636 – Joe Algood
635 – Roger W. Haile
637 – Harold O. Webb
638 – Rodney D. O’Bryant
639 – James V. Miller dba Miller Painting
640 – Frank Hall
641 – Roger Kraft
Deputy Sheriff Bonds for the following were approved on a motion by Commr. Windram, seconded by Commr. Deem and carried:
William Rickles Harold L. Woodrum
licenses and permits
Commenting on Use Permits approved by the County Engineer, Mr. Harpster said the utility companies only request permits on County maintained roads and have had some complaints in this regard.
The following Use Permits were approved on a motion by Commr. Deems, seconded by Commr. Carson and carried:
No. 304 – Florida Telephone Corp. to construct and maintain buried cable paralleling a portion of County Road 4-5581 between SR 44 and SR S-44-A.
No. 305 - Florida Telephone Corp. to construct and maintain buried cable paralleling a portion of County Road 3-7798 located 3,036 feet East of SR 44.
No. 310 - Florida Telephone Corp. to construct and maintain buried cable paralleling a portion of County Road 2-2441 and County Road 3-2441 between CR 3-2539 and SR 561.
No. 311 - Florida Telephone Corp. to construct and maintain buried cable paralleling a portion of County Road 2-2539 and County Road 3-2530 between CR 3-2340 and CR 2-2441.
No. 312 - Florida Telephone Corp. to construct and maintain buried cable along and crossing County Road 5-5133.
bids
On a motion by Commr. Carson, seconded by Commr. Windram and carried, the County Engineer was instructed to prepare specifications and notice to bidders for the resurfacing of streets in Lake Harris Shores Subdivision to be received and opened November 9, 1971.
checks received
Chairman Hoskinson presented a state warrant in the amount of $7,500 representing funds for the Youth Service Bureau, and same was accepted on a motion by Commr. Carson, seconded by Commr. VanAuken. A letter conveying the warrant from the Director, Governor’s Council on Criminal Justice, states that future funding of the project will be withheld pending compliance with the special conditions as requested.
accounts allowed
On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board approved corrective wiring in the Probate Dept. of the County Judge’s Office.
Travel expenses were approved for P. R. Edwards, Joe Hill, and C. C. Ford to attend conferences with the State Dept. of Air and Water Pollution in Tallahassee October 21, 1971 on a motion by Commr. Deems, seconded by Commr. Windram.
On a motion by Commr. Windram, seconded by Commr. Carson and carried, the Board approved the purchase of a portable dishwasher from Sears, Robuck & Co. in the amount of $219.95 for the chemical laboratory, Pollution Control.
On a motion by Commr. Deems, seconded by Commr. Carson and carried, travel expense was approved as follows: Harry Nies to Fort Lauderdale to attend a DOT meeting regarding a statewide transportation planning study, October 19 and 20. Samuel C. Mazzottato to Jacksonville to attend a meeting with the Federal Dept. of Housing and Urban Development, October 29. Tom Chapman to Winter Park November 17-19, annual conference Florida Civil Defense Association.
On a motion by Commr. Carson, seconded by Commr. Deems and carried, an expenditure of $25 was approved to have the microphones in the Commission Room hooked to the recording machine.
Mileage for William Henderson was approved at 10 cents per mile on a motion by Commr. Windram, seconded by Commr. Carson and carried.
On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board approved payment of $890 for mobile radio unit to be installed in the R & B sign truck.
On a recommendation of the Chairman and on a motion by Commr. VanAuken, seconded by Commr. Carson, the Board approved the purchase of national, state, and county flags for the Courthouse not to exceed $50.
A request from the acting Mosquito Control Director for repairs to Koehring Dragline in the amount of $1,267.85 was referred to the County Engineer.
A travel request from Marian Newton to attend the National Highway Traffic Safety Convention in Miami November 3-5 was approved on a motion by Commr. Carson, seconded by Commr. Windram and carried.
A notice from Otis Elevator Co. of an increase in price on the service contract from $125.99 to $147.81 was referred to the County Attorney.
salaries and wages
On the recommendation of the Planning Director, the Board approved a promotion for Bernard B. Langin from Clerk to Zoning Technician with an annual salary of $6,500 effective October 1, 1971.
accounts – refused
The service contract covering typewriters in the Veterans Service Office for $38 per machine per year was disallowed for 90 days because the machines have recently been overhauled.
public service commission
Clerk Owens presented a letter of explanation from the Public Service Commission concerning the dualizing of Seaboard Coast Line R. R. Co. stations at Mount Dora and Tavares, advising that the railroad petitioned for reconsideration of the application and filed sufficient evidence for the Commission to reconsider the application. The letter adds that if the dualization causes a hardship or the public is inconvenienced by same, the Commission may in its discretion order the reopening of the stations.
The Clerk was instructed to notify the Cities of Mount Dora and Tavares of this.
reports
The annual report for the Lake-Seminole County Forestry Project was filed and copies distributed to the Board members.
The report on Cigarette Tax Collections and Distribution for July was filed.
youth service bureau
Robert Stroud appeared and informed the Board if the Youth Service Bureau is to continue next year, it was necessary to submit a letter of intent in order to obtain federal funds. The County is under no obligation other than the $9600 already committed in in-kind services. Mr. Stroud recommended that a Technical Committee be appointed to serve the Bureau.
There being no further business to bring before the Board, the meeting was adjourned at 6:30 p.m.
_________________________________ _____________________________
CLERK chairman