MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
TUESDAY – NOVEMBER 7, 1972
A regular meeting of the Board of County Commissioners of Lake County, Florida, was held in the Small Claims Hearing Room in the Courthouse, Tavares, Florida, on Tuesday, November 7, 1972, at 9:00 o’clock A.M. with the following members in attendance: Thomas J. Windram, Chairman; James R. Carson, Jr.; C. A. Deems; J. M. Hoskinson; and Kenneth VanAuken. Also in attendance 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 and the invocation was given by Commr. Carson. The Pledge of Allegiance to the Flag was recited.
minutes
On motion of Commr. VanAuken, seconded by Commr. Deems and unanimously carried, the minutes of meeting of May 9, 1972, were approved as amended.
On motion of Commr. Deems, seconded by Commr VanAuken and unanimously carried, the minutes of meeting of October 17, 1972, were approved as amended.
elections
The Chairman reported that the Organizational Meeting of the Canvassing Board for the November 7th General Election is scheduled for November 8, 1972, at 9:00 o’clock A.M. and appointed the entire board to serve with the canvassing board. The Chairman appointed Commr. Carson to serve as Acting Supervisor of Elections.
public health
Chairman reported that he received a letter from Dr. David L. Crane, Chief, Bureau of Local Health Services, referencing our letter which appointed Dr. Charles Bradley as Lake County Health Director at an annual salary of $30,000. Dr. Crane stated that Dr. Bradley’s current salary is $33,000 per annum and if the $30,000 offered by Lake County is agreed upon by Dr. Bradley, it will be necessary that Dr. Bradley provide the State Department of Health a letter accepting voluntary reduction in pay in order to transfer to Lake County. It was the opinion of the Board that Dr. Bradley was interviewed in good faith and, at that time, he accepted the position for $30,000 per annum. Commr. Deems was instructed by the Board to contact Dr. Bradley and notify him to this effect and, if he accepts this salary, request that he notify the Board of County Commissioners and the State Division of Health, in writing, that he will accept the $30,000 per year salary as Lake County Health Director.
federal agencies
Chairman Windram read a letter from Congressman Lou Frey, Jr. regarding the buses which were purchased under an OEO Rural Transportation Grant. The Atlanta Regional Office of OEO has indicated to him that they will transfer the buses in Lake County to Orange County to be used in a senior citizen transportation system if Lake County decides not to take over this project. Commr. Carson moved that a letter be sent to Congressman Frey advising him that Lake County is not interested in operating the bus system. The motion was seconded by Commr. VanAuken and unanimously carried.
roads – state
On recommendation of the County Attorney, and on motion of Commr. Deems, seconded by Commr. VanAuken and unanimously carried, a Resolution was adopted to maintain and pay electrical costs for the operation of a traffic signal on SR 46 at SR S-437.
Chairman Windram read copy of letter from the Department of Transportation to Judge Booth regarding traffic regulation changes – speed zone restrictions on SR 40 in Astor and the Florida Turnpike.
Chairman read copy of letter from the Department of transportation to Rev. Warren W. Willis, Director, Florida United Methodist Camps, Lakeland, Florida. DOT received a request from Rev. Willis to install a guardrail at the curve approach to the bridge on the east side of S-466A. DOT advised him that this request was being forwarded to Lake County as Lake County has the responsibility for maintenance of this secondary road. The letter was referred to the County Engineer.
county buildings and grounds
Chairman read letter from State of Florida Department of Commerce concerning the possibility of establishing campsites on County fairgrounds in an effort to increase tourist revenues. This would be a cooperative program between Department of Commerce, Division of Tourism and local governments. This letter was referred to the City of Eustis.
budgets
Commr. Deems explained to the Board the budget changes in Mosquito Control submitted by the State Division of Health. On motion of Commr. Deems, seconded by Commr. VanAuken and unanimously carried, the Chairman was authorized to sign the budget change as submitted.
hospitals
Commr. Deems presented a letter from the Holiday Hospital, Orlando, Florida, regarding James A. Maxwell, a Groveland youth who was injured at the Groveland landfill and is now confined in the hospital. The Credit Manager requested that Lake County help with the youth’s hospital expenses, which now totals $9,545.01. The County Attorney advised the Board that the County has sovereign immunity and there is no authority to pay the bill. He added that the County holds no liability insurance on the landfill. The Chairman requested that the Attorney write the Holiday Hospital explaining our position in this matter and refer them to the Welfare Department and the Shrine to see if they can do anything to help in this case.
mvi stations
The Board discussed the County’s position concerning liability in cases where damages to vehicles occur at the MVI Stations. On motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the County Attorney was instructed to draw up an instrument for the patrons’ signature that will completely exonerate the County of any liability for anything that might happen while County employees inspect vehicles at the MVI Station.
utilities
Commr. Hoskinson read order received from the Florida Public Service Commission which stated that Central Florida Utilities, Inc., Orlando, Florida, was granted a certificate to operate its existing water system in Lake County.
planning and zoning
Commr. Hoskinson read letter from Lake County Assistant Planner, Sam Mazzotta, Planning Work Session of the Minneola City Council, during which time the Minneola Council voted to participate in the Community Planning Program. However, the Council feels that the City of Minneola is financially unable to pay the $500 retainer fee, as specified in the Planning Assistance Contract. On recommendation of the Assistant Planner, and on motion of Commr. Hoskinson, seconded by Commr. Carson, and unanimously carried, the Board approved that the retainer fee be set at $250 for all municipalities of 1500 population and under and $500 for all municipalities with population of over 1500.
bids
It now being the time advertised to receive bids from those interested in leasing the following described Lake County property, the Chairman directed the Clerk to open and tabulate the bids; whereupon, the Clerk reported receiving a bid from the following:
Property Description:
The East ½ of the Southwest ¼ of the Southwest ¼ in Section 20, Township 18 South, Range 24 East in Lake County, Florida, LESS the right of way for Jackson Street along the North side and the right of way for Grove View Avenue along the East side.
Bid:
Mr. John Skipper - $5.00 per acre per year – Total $100.00
On motion of Commr. VanAuken, seconded by Commr. Carson and unanimously carried, the bid submitted by Mr. John Skipper was accepted.
road closing
It now being the time advertised to hold a public hearing to consider a petition to close platted street in Sorrento, Lake County, Florida, and no one appearing to object to the closing, a motion was made by Commr. Carson, seconded by Commr. Deems and unanimously carried, that a Resolution be adopted to close the following described platted street:
Doane Avenue, between Vine Street and Merrimack Street, lying between Blocks 18 and 31, Reeve’s Subdivision, Sorrento, shown in Plat Book 1, page 32, public records of Lake County, Florida.
ROADS – COUNTY
On recommendation of County Engineer and on motion of Commr. Carson, seconded by Commr. VanAuken and unanimously carried, the construction on the Boys’ Ranch Road 5-8572 was dropped from the construction schedule until the County can obtain the necessary right of way.
On motion of Commr. Carson, seconded by Commr. VanAuken and unanimously carried, work on the driveway at the Boys’ Ranch was approved on a one-time basis.
public health
Mr. Fred Lewis, State Department of Health, Orlando, Florida, appeared before the Board regarding the Health Department’s program for upgrading the quality of emergency medical services within the State.
contracts and agreements
Mr. John Wallace from the County Mental Health Department appeared and requested that the Mental Health Department be authorized to make alterations to the building they are occupying. On motion of Commr. Hoskinson, seconded by Commr VanAuken, and unanimously carried, the Board approved the alterations and instructed the County Attorney to draw up a contract agreement containing provision that any alterations, substantial changes or additions be subject to approval of the Board before the work commences.
roads – county
Ed Allsopp and F. Browne Gregg, who are planning to operate a sand mine in South Lake County, appeared before the Board in reference to the County’s plans to resurface Hancock Road. They would like to help with the road by providing lime rock for the road base, so that the road will withstand the heavy equipment from the sand mine operation. They also proposed another location for the road and said they will try to obtain the necessary right of way needed if the Board agrees to this proposed location. The Board tabled the resurfacing project to give Mr. Gregg an opportunity to see if he can obtain the needed right of way for the road he proposed.
county planner
Commr. Hoskinson moved that Mr. Joseph Flynn be employed as Director of Planning and Zoning at an annual salary of $16,500 per year starting November 15, 1972. Motion was seconded by Commr. Deems and unanimously carried.
public health
Commr. Hoskinson advised the Board of a letter from the State of Florida, Department of Pollution Control, to Mr. Phil Edwards, Lake County Pollution Control Officer in reference to Lake County Open Burning of Cars. The State Pollution Control Department received our letter of October 11, 1972, requesting variance for burning of cars and will transmit it to Tallahassee for further action. However, they advised that, as far as their region is concerned, future extension of time to any type of open burning will not be recommended. Chairman Windram instructed Commr. Hoskinson to check to see what will be involved to comply with the open burning regulation, costs, etc.
roads – county
The Board requested that Commr. Hoskinson check to see what can be devised to stop the posting of temporary signs along the roads in the County.
complaints
Commr. Hoskinson stated that he has received many complaints regarding lot moving in subdivisions.
recess and reassembly
The meeting recessed for lunch at 12:00 o’clock noon and reconvened at 1:30 o’clock P.M. to take up the remaining items of business.
planning and zoning
Mr. George Hovis, Attorney, appeared representing Mr. and Mrs. Hagner regarding Conditional Use Permit #343-3. Mr. Hovis stated that a permit was issued to Mr. and Mrs. Hagner for the operation of a travel trailer park but the original application was made for a mobile home park. The County Attorney advised the Board that if they felt an error was made, the Board could take action at this time to correct the Conditional Use Permit. Commr. Carson moved that CUP 343-3 be corrected to read in such a way that mobile homes be allowed, as long as it was the intent at the time of the public hearing. The motion was seconded by Commr. Hoskinson and unanimously carried. On motion of Commr. Carson, seconded by Comr. Hoskinson and unanimously carried, action taken by the Board regarding CUP 343-3 on October 17, 1972, was rescinded.
ordinances
Chairman Windram announced it is time to consider an Ordinance for the establishment and maintenance of a law library; whereupon, on motion of Commr. Carson, seconded by Commr. VanAuken and unanimously carried, the Ordinance was placed on first reading by title only; said title being:
An Ordinance providing for the establishment and maintenance of a Law Library in the courthouse of Lake County, Florida; providing for a Board of Trustees to establish, equip, furnish, maintain and operate a law library; providing for a librarian, assistant librarian and personnel, and fixing their salaries or compensation; providing for the manner of raising funds and expenditure of such funds for a law library; authorizing said Board of Trustees to make and enforce rules and regulations as to said library; declaring the law library to be for County purposes; authorizing the Board of County Commissioners of Lake County to authorize and appropriate other available funds to the Board of Trustees for a law library; providing for the Clerk of Circuit Court to keep records of all meetings of the Board of Trustees, and to receive and disburse the funds of the library and for the Board of Trustees to annually submit a budget to the Board of County Commissioners for Lake County and providing an effective date.
On motion of Commr. Deems, seconded by Commr. VanAuken and unanimously carried, the Ordinance was adopted on first reading by title only.
planning and zoning
Mr. Owens, Clerk, read Notice of Appeal on zoning action received from Roy Christopher, Attorney for Appellant, Mr. James D. Dolan. The Board instructed Mr. Ford, County Attorney, to send the notice back to the Attorney stating that Mr. Lawton was in error in advising him to file this appeal with the Zoning Board of Appeals. This appeal should be filed with the Circuit Court.
mosquito control
The Clerk presented a letter received from the Division of Health which states that the Bureau of Entomology approves the appointment of Phillip J. Yoder as Mosquito Control Director at an annual salary of $7,500.00.
ROADS – STATE
Clerk read letter from the Department of Transportation regarding the acquisition of right of way for 4-laning of SR 46. On motion of Commr. Carson, seconded by Commr. Deems and unanimously carried, the Engineer was instructed to notify the Department of Transportation that Lake County is still interested in the acquisition of the right of way for the future 4-laning of SR 46.
Clerk read letter from Department of Transportation advising that they have completed the speed study on SR 42 through the community of Paisley and the study does not indicate a further reduction in speed to be justified.
Clerk read memorandum from the County Engineer in reference to access controls on SR 50 reconstruction. Commr. Deems moved that the Engineer notify the Department of Transportation that the Board desires controlled access on this road. The motion was seconded by Commr. VanAuken and unanimously carried.
roads – county
The Board instructed the County Attorney to check into the dispute of George Street, #5-9788 and make his recommendations to the Board. Commr. VanAuken stated that he would like to see this matter resolved as soon as possible.
hospitals
On motion of Commr. Carson, seconded by Commr. VanAuken and unanimously carried, the action of the Chairman and Clerk was approved in granting petitions to the W. T. Edwards Tuberculosis Hospital for the following:
Joe Richardson
Gene Parker
Discharge notification from W. T. Edwards Tuberculosis Hospital stating that Charles Mathaney was discharged with medical advice on October 25, 1972, was filed.
bonds – misc.
Bonds for carrying firearms were approved on motion of Commr. Carson, seconded by Commr. VanAuken and unanimously carried, for the following:
Harold S. Fellows
Horace E. Jones
William C. Hawkins
William Henderson
Julius Jones
John R. Jones
Zella L. Moore
Gordon H. Savage, Jr.
Allan R. Tidmore
Lester Sutton
Contractors Bonds for Certificates of Competency were approved on motion of Commr. Deems, seconded by Commr. VanAuken and unanimously carried for the following:
#138 - Lyle Tinney dba Tinney & Sons Plumbing & Electric
#312 - Harry W. Sargent (Swimming Pools)
#324 - Sterling Huggins (Painting)
#615 - Joe Taylor dba Skyline Mobile Homes, Inc.
#921 - Steve Wesson (Plumbing)
#922 - Gary Kay dba A to Z Carpentry
#923 - George R. Morrison dba Morrison Electric Co.
#924 - William F. Wolcott dba Wolcott Spray Texture Service, Inc.
#925 - Kenneth Hatcher (Dry Wall Sheet Rock)
#926 - Thomas Roush dba United of Florida
#927 - Warnell Daniel Sapp (Roofing)
#928 - D. A. McKinney (Refrigeration)
#929 - James F. Rhodes, Jr. dba Venetian Marble & Tile
#930 - Ben Ray (Concrete)
#931 - David W. Blair (Painting & Carpentry)
#932 - Lawrence E. Monahan dba Electro Neon Sign Co., Inc.
#933 - William R. Bishop (Specialty)
#934 - Archie Eugene Moore (Masonry)
licenses & permits
Use Permits filed by the County Engineer were approved on motion of Commr. VanAuken, seconded by Commr. Hoskinson and unanimously carried, as follows:
#390 to Florida Telephone Corp to construct and maintain buried cable paralleling and crossing Dist. Road 4-5154 between the City of Eustis and Dist. Road 4-5156.
#398 to Florida Telephone Corp to construct and maintain buried cable paralleling Dist. Road 5-7528.
#399 to Florida Telephone Corp to construct and maintain buried cable crossing at the intersection of Dist. Road 5-6836 and 5-7528.
To Florida Power Corp to construct and maintain 72,000 volt aerial electric transmission line crossing County Road 5-6245 at the junction with State Road 44, as shown on drawing T-6774-A, providing a clearance of 43 feet over road.
To Florida Power Corp to construct and maintain a 72,000 volt aerial electric transmission line crossing County Road 5-6349 at the junction with State Road 44, as shown on drawing T-6773-A, providing a clearance of 43 feet over road.
To Florida Power Corp to construct and maintain a 72,000 volt aerial electric transmission line crossing County Road 5-6748 at the junction with State Road 44, as shown on drawing T-6779-A, providing a clearance of 43 feet over road.
To Florida Power Corp to construct and maintain a 72,000 volt aerial electric transmission line crossing County Road 5-6744 at the junction with State Road 44, as shown on drawing T-6884-A-5, providing 38 feet clearance over road.
To Florida Power Corp to construct and maintain a 72,000 volt aerial electric transmission line crossing County Road 5-7528 at a point 83 feet north of junction with State Road 44, as shown on drawing T-6684-A-4, providing a clearance of 35.5 feet over road.
To Florida Power Corp to construct and maintain a 72,000 volt aerial electric transmission line crossing County Road 5-5437 at the junction with State Road 44, as shown on drawing T-6684-A-3, providing 39 feet clearance over road.
To Florida Power Corp to construct and maintain a 72,000 volt aerial electric transmission line crossing County Road 5-5433 approximately 600 feet south of junction with State Road 44, as shown on drawing T-6684-A-2, providing 38 feet clearance over road.
To Florida Power Corp to construct and maintain a 72,000 volt aerial electric transmission line crossing County Road 5-5832 at the junction with State Road 44, as shown on drawing T-6684-A-1, providing a 37 foot clearance over road.
To Florida Power Corp to construct and maintain 72,000 volt distribution line across SR-S-448-A.
To Florida Power Corp to construct and maintain a double circuit 72,000 volt wood pole aerial electric transmission line crossing SR-S-452 in the City of Eustis.
To Florida Power Corp to construct and maintain a 72,000 volt aerial electric transmission line crossing SR-S-473 between Lisbon and Tavares.
To City of Leesburg Utility Department to construct and maintain a
3/4” gas service line crossing County Road 1-4906 (147’) eastward from County Road 1-4807.
The following driveway permits were submitted:
Merle L. Lowman, Kissimmee, Florida
Carl Shields, Umatilla, Florida
Independent Order of Foresters, Mt. Dora, Florida
elections
Clerk read letter from Fruitland Park City Clerk requesting use of voting machines for their city election to be held on December 12, 1972. On motion of Commr. Deems, seconded by Commr. Carson and unanimously carried, the request was approved with the stipulation that Fruitland Park bear the transportation charges.
tax rolls
The Clerk read letter received from T. Keith Hall, Tax Collector, advising the Board that the tax roll and statements are late and will not be available for payment until about November 10, 1972.
county employee
On motion of Commr. Hoskinson, seconded by Commr. Deems and unanimously carried the resignation of Mr. John Treadwell, Assistant in Veterans Service Office, was accepted with regrets.
salaries & wages
Chairman Windram stated that, since the Veterans Service Office and the Building Department did not have representatives at the budget meeting, salary increases for these two departments should be given consideration. It was the opinion of the County Attorney that since there was an upgrading of positions in these departments an increase in salaries would be in order at this time.
On motion of Commr. VanAuken, seconded by Commr. Hoskinson and unanimously carried, the Board approved the following salary increases in the Veterans Service Office.
Fred Bollenberg, Veterans Service Officer, $7,500.00 effective October 1, 1972.
Lorrine Retey, Assistant Veterans Service Officer, $5,800.00 effective November 6, 1972.
Mary Lee Ross, $4,725.00 effective October 1, 1972.
On motion of Commr. Deems, seconded by Commr. VanAuken and unanimously carried, the Board approved the following salary increases in the Building Department to be effective October 1, 1972.
Herbert Dudgeon, Building Inspector #2 $6,600.00
C. W. McCauslin, Building Inspector #2 $6,600.00
Howard Rigdon, Building Inspector #2 $6,600.00
William C. Dubbs, Building Inspector #1 $5,500.00
William Henderson, Code Enforcement Off. $5,600.00
A request was received from the Veterans Service Office for a temporary employee for November 1972 through January 1973. The Board decided to defer action on this request.
tax rolls
T. Keith Hall presented a recapitulation of errors, insolvencies and double assessments on General Tax Roll for Year 1971 for the Commissioners’ signatures.
General Tax Roll figures for Year 1971 were filed with the Board.
road maintenance
The County Engineer presented a request from the City of Tavares to clay the prescriptive street in front of the Health Department Building at an estimated cost of less than $200.00. This road is an extension of Ruby Street from Sinclair to West Main. On motion of Commr. Deems, seconded by Commr. Hoskinson and unanimously carried, the request was approved, as the road serves as an access road to the County parking lot.
roads – county
On recommendation of the County Engineer and on motion of Commr. VanAuken and unanimously carried, an 8-ton load limit will be imposed on roads at Lake Harris Shores Subdivision.
public health
Commr. Deems reported that the drinking water in Mascotte is contaminated with kerosene. On motion of Commr. Deems, seconded by Commr. Hoskinson and unanimously carried, the County Engineer and the Civil Defense Director was requested to offer their assistance.
road maintenance – subdivisions
The County Engineer received a request from Mrs. Parker to repair a prescriptive street in an unrecorded subdivision (Crossen Street). On motion of Commr. Hoskinson, seconded by Commr. VanAuken, and unanimously carried, the County Engineer was authorized to repair the street on a time and material basis.
bids
The County Engineer requested permission to advertise for bids on a car for the Road Superintendent. On motion of Commr. Hoskinson, seconded by Commr. VanAuken and unanimously carried, the Board authorized the Clerk to advertise for bids on car; said bids to be opened on December 5, 1972.
communications
Chairman Windram read copy of a letter from the Volusia County Public Works Director to the Volusia County Manager regarding Volusia County participation in the Astor and Paisley Landfills.
Chairman read letter from Henry County Board of County Commissioners regarding the State Bond Program for the acquisition of environmental endangered lands.
Letter from Charles A. Rose regarding improvements to road in Forest Ridge Subdivision was read and referred to the County Engineer.
Mr. Owens, Clerk, read a Resolution adopted by the State of Florida Board of Trustees of the Internal Improvement Trust Fund regarding private residential canal systems.
The Clerk read letter received from the City of Tavares stating that the City Council voted to make Texas Avenue a one-way street going south from Main to Ruby Street and Ruby Street will be one-way going west from Texas to Sinclair Avenue, effective November 6, 1972.
The Clerk read letter from Barrett Daffin and Figg Architects Engineers Planners, Inc., regarding selection of site for Florida Law Enforcement Academy. The letter was referred to the County Attorney.
Letter from County Attorney, Citrus County, commending Bill Chappell’s accomplishments in Citrus County was read.
Chairman Windram read a letter from the Chairman, St. John’s River Valley Council announcing that an organizational meeting will be held in Deland on November 15, 1972.
Commr. Hoskinson presented a Certificate of Appreciation from the Lake Soil and Conservation District.
checks received
On motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, a check in the amount of $1,000.00 from the Governor’s Council of Criminal Justice for the Youth Services Complex was accepted.
On motion of Commr. Hoskinson, seconded by Commr. VanAuken and unanimously carried, a check in the amount of $41.00 from B. J. Giacalone, reimbursement for road improvements on Pike Street, Orange Blossom Estates Subdivision was accepted.
accounts allowed
On motion of Commr. Deems, seconded by Commr. Carson and unanimously carried, the Board approved travel expenses for Phil Yoder to Jacksonville, October 26 & 27, 1972, to discuss the Mosquito Control Budget corrections.
Commr. Hoskinson moved that the Finance Office be instructed to issue Mr. Joseph Flynn a check, in the amount of $50.32, to cover the expenses he incurred when he came to Tavares for an interview with the Board for position of Lake County Planning Director and to hold the check until he signs up for employment. The motion was seconded by Commr. Deems and unanimously carried.
On motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the Board approved the payment of $2,500.00 to the Department of Interior, Geological Survey, for cooperative program on investigation of water resources.
On motion of Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, the Board approved payment of $5,000.00 to the Sunrise Workshop to be used for the poor and indigent.
On motion of Commr. Hoskinson, seconded by Commr. Deems and unanimously carried, the Board approved the purchase of a filing cabinet for the Small Claims Court for $388.35 from Lake Office Supply and approved the transfer of $388.35 from Account #2330205 to #2330402.
On motion of Commr. Deems, seconded by Commr. VanAuken and unanimously carried, the Board approved the purchase of a Time Recorder for the Clerk’s Office, in the amount of $209.00, from the Simplex Time Recorder Company.
There being no further business to bring before the Board, the meeting was adjourned at 3:35 o’clock p.m.
_________________________________ ________________________
CLERK chairman