MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS
MONDAY – MAY 5, 1969
The Board of County Commissioners met in regular session in the County Commissioners’ Room in the Courthouse, Tavares, Florida, on Monday, May 5, 1969, at 9:00 o’clock A.M. with the following members present: Commissioner Thomas J. Windram, Chairman; Commissioners James R. Carson, Jr., Alex J. Macdonell, J. M. Hoskinson and Kenneth VanAuken. Others present were County Attorney, C. E. Duncan; County Engineer Gordon Hays, Jr.; Clerk of the Circuit Court Frank E. Owens and Deputy Clerk Norma H. Coven.
The meeting was called to order by the Chairman and the invocation was given by Mr. Hays.
On motion of Commissioner Carson, seconded by Commissioner Macdonell and carried, the minutes of the April 7, 1969, meeting were approved as submitted.
Commissioner Macdonell informed the Board the City of Mascotte denied the Board’s request to use the site located within the City as a landfill. Commissioner VanAuken advised Paul Milton is still awaiting word from the United States Forest Service relative to the two sites in the Ocala Forest. The Clerk was instructed to notify Paul Milton to attend the next Board meeting on this subject.
ROADS – State
Commissioner Hoskinson stated eh City of Clermont needs a letter of “no protest” from the Board in order to erect a sign on State Road Department’s rights of way on State Road 25 in the vicinity of Clermont. Attorney Duncan read a letter from the State Road Department that the City had been contacted and they were requested to furnish certain information in this regard.
The Engineer reported the State Road Department advises the cost to construct sidewalks on State Road 44-C (Griffin Road) is estimated at $20,000, excluding the cost of the additional right of way. Have sent this information to the School Board and the City of Leesburg.
Notice was read and filed from the State Road Department that request for public hearing concerning State Road 19 between Eustis and Umatilla may be submitted to Deland no later than May 29, 1969.
On advice from the Attorney that it is proper for the County to donate clay where the youth of the County is involved, the Board approved 170 yards or 34 loads of clay for the Little League Ball Field in Clermont on motion of Commissioner Macdonell, seconded by Commissioner Hoskinson and carried.
SUITS AFFECTING COUNTY
Commissioner VanAuken asked the status of the suit determining the right of way on North George Street in Astor. Attorney Duncan reported there is a suit pending, which does not involve the County, but which will answer the North George Street question and set a precedent. Feels the County is saving money by waiting on the outcome of this suit.
Later in the day, Mrs. Sophia Maguire appeared relative to the right of way of North George Street, which she claims has been awarded to her by the Federal Court, and complained that the road grader is continually widening the street and taking her property. Commissioner VanAuken agreed to inspect this site with the Engineer before the next Board meeting.
BOND – Miscellaneous
On motion of Commissioner VanAuken, seconded by Commissioner Hoskinson and carried, bonds for carrying firearms were approved for the following:
Walter H. McIntyre, Jr.
Paula B. McIntyre
Contractors Bonds for Certificates of Competency were approved as follows:
Deputy Sheriff Bond for Christian Walter Taylor with Hartford Accident and Indemnity Company as surety was approved by the Board.
Mr. Gus Anderson of Mount Plymouth appeared and asked the Board to abandon the 65 feet radius on Lot 1, Block 37, Mount Plymouth, between Flossmoor Street and Westward Ho Avenue. After examining the Map of Survey, Attorney Duncan advised this area is part of a dedicated street and not joined by any property owners. Mr. Duncan recommended that this matter be taken under advisement as it is difficult to know what will happen to the title.
It now being the time advertised to hold a public hearing to consider petition to close a portion of the following described street, and no one appeared to object to the closing, a motion was made by Commissioner Carson, seconded by Commissioner Hoskinson and carried, that the Board adopt a resolution closing the street as described:
From the W1/4 corner of Section 21, Township 18 South, Range 29 East, run thence South 350’ more or less, thence West 250’ more or less to the intersection of a sand road and the point of beginning; thence run Southeasterly, Easterly and Northeasterly along said sand road, a total distance of 3250’ more or less to its intersection with a North-South sand road, said description being located partly in Sections 20 and 21, Township 18 South, Range 29 East, Lake County, Florida.
STATE ROAD DEPARTMENT
Engineer Hays informed the Board all the towns and cities in which School Flasher signals will be installed have agreed to pay the maintenance costs except Umatilla. The County will maintain the signal at Altoona as this is an unincorporated town. Installation of the signals was approved, with the exception of the one at Umatilla, on motion of Commissioner Macdonell, seconded by Commissioner Hoskinson and carried, and the Engineer was instructed to notify the City of Umatilla the signal will not be installed.
Tentative budget for the State Road Department for the year 1969-70 was referred to the Chairman and the Clerk advised copy is posted in the Courthouse lobby.
Statements of the status of Secondary Funds and Trust Fund as of March 31, 1969, were filed and copies distributed to each Board member.
ROADS – County
Mrs. James and Mrs. Fowler of Yalaha were present and submitted petition signed by approximately 40 property owners requesting that the street sign on County Road No 2-3127 reading “Crabb Avenue” be removed and the street correctly named “Bloomfield Avenue.” Commissioner Macdonell advised he has investigated this and talked with residents of the area and found no one who knew the street by any name other than “Crabb Avenue.” Commissioner VanAuken moved that the street name be designated “Bloomfield Avenue.” The motion was seconded by Commissioner Carson. Commissioner Macdonell voted “no” and Commissioner Hoskinson abstained from voting. The Chairman announced the majority of the members voted, therefore, the motion is carried.
Engineer Hays presented preliminary survey of the proposed Sand Mine Road in South Lake County and advised Bob Marshall wants the witness trees established before the road dedication is filed. The Board approved 66’ right of way and authorized the survey party to establish the witness trees.
The Attorney was instructed to notify Dr. Norbert P. Sullivan the road adjoining his property will be completed before the 31st of December.
The Engineer filed Construction Cost Report for the 1st Quarter 1969.
Attorney Duncan presented three affidavits declaring a road in Okahumpka a public road by prescription. Action was deferred until Commissioner Macdonell views the road.
MAPS AND PLATS
E. T. Hall appeared and presented Plat of Imperial Mobile Terrace, Second Addition, owners Charles and Gladys Squibb. Attorney Duncan advised the title is in good order, (Lawyers’ Title Insurance Corporation Policy No. B432974) and the streets are the proper width and have an access road. Letter from the County Engineer was filed recommending the subdivision for septic tank type sewage disposal and that no street markers have been erected. On motion of Commissioner Carson, seconded by Commissioner VanAuken and carried, the plat was approved for the record.
Mr. Hall advised the Pollution Control Board will consider Rules and Regulations at a public hearing on May 8th at 7:30 P.M. and asked that the Board members attend the hearing if possible.
Copies of letters were read and filed from Edward A. Zagar, Fisheries Biologist, to the Game and Fresh Water Fish Commission recommending that the Commission endorse the erection of a hyacinth barrier in Lake Eustis by the Lake Improvement Association.
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.
Engineer Hays informed the Board the County has an offer to sell a portion of the Tuscanooga Road clay pit. It was suggested that an exchange of properties be worked out with the purchaser.
Copy of resolution adopted by the Lake Improvement Association opposing the Governor’s appointment to the Game and Fresh Water Fish Commission to represent the Central Region of Florida was referred to the Attorney.
Recommendations from the Florida Industrial Commission relative to the safety regulations at the Leesburg Barn and the Motor Vehicle Inspection Stations were referred to the Engineer.
On recommendation of the Mosquito Control Director, the following items were removed from the inventory as being lost or stolen; om motion of Commissioner Macdonell, seconded by Commissioner VanAuken and carried.
Property Record No. 2498 Deep well pump & motor
Property Record No. 2230 C° 2 Fire extinguisher
Property Record No. 2459 Winch hoist
Property Record No. 2486 Fire extinguisher
Property Record No. 2310 Electric drill
Property Record No. 2215 Pipe vice
OUTDOOR RECREATIONAL FACILITIES
Attorney Duncan submitted letter from the Trustees Internal Improvement Fund agreeing to the inclusion of the Wayside Park on Lake Eustis in the City of Tavares, upon receipt of the proper petition. The Attorney further explained it will be necessary for the State Road Department to join in the petition.
BONDS – County
Clerk Owens submitted request from the Comptroller relative to any bonds pledging race track funds. Advised the Comptroller Lake County has not issued bonds pledging race track funds.
CHAMBER OF COMMERCE
Letter from the Lake County Chamber of Commerce with report of expenses for the first six months of the 1968-69 fiscal year was filed. Letter also endorsed the Board’s action increasing the staff of the Planning and Zoning Department.
LICENSES & PERMITS
The following Use Permits were filed by the Engineer:
To Sumter Electric Cooperative, Incorporated for the construction and maintenance of power line along County Road 4-6583 between State Road 44-A and center section line of Section 35, Township 18 South, Range 27 East.
No. 153 to Florida Telephone Corporation for the construction and maintenance of aerial wire paralleling a portion of County Road 3-0558 between State Road 25 and County Road 3-0561.
Notice from the W. T. Edwards Tuberculosis Hospital that the following were discharged with medical advice:
Theodore Walter Dunn on April 2, 1969
George Ware on April 1, 1969
ROAD MAINTENANCE – Subdivisions
Mr. Hays advised he has received requests from subdivisions and cities for road improvements at their expense. He was authorized to prepare the cost of the work and notify the petitioners that work cannot be done until the money is received.
Commissioner Hoskinson reported he received request from a property owner for maintenance of a platted street that will be built by the owners. Advised the owner, the County would maintain the street on a contract basis.
The Board approved the erection of “Hubbard Street” sign on the entrance road to Hubbard Subdivision.
Engineer Hays reported the owners on North Palm Circle have requested that the length of the improvements be increased and have quoted them a price of $151.95 for the entire project.
Fred Weigert of Ocklawaha Drive appeared with reference to assessing the owners who have not paid their portion of the cost to improve the street. Attorney Duncan said there is an amendment to the present act allowing assessments on unrecorded plats and same will be presented to the Legislature this month. Until the amendment is passed, the Board cannot assess the owners. Chairman Windram directed the Attorney to study the disposition of the funds on deposit with the Clerk and make his recommendation to the Board at the next meeting.
Engineer Hays advised Sumter County is interested in sharing the cost of paving Cherry Lake Road (No. 1-6602), and have received an offer from them of the work to be done by both counties. He was instructed to supply the Board a cost estimate of the work.
PLANNING & ZONING
On recommendation of the Planning & Zoning Commission and on motion of Commissioner Macdonell, seconded by Commissioner and carried, a resolution was adopted altering and amending the Zoning Rules and Regulations as they pertain to the following tracts of land, to the Classification designated after the description:
1. That part of Section 23 South and East of Palatlakaha Creek; LESS: the S¼ of NE¼, and LESS the N½ of SE¼, and LESS the E¾ of N½ of SE¼ of SE¼, and LESS the NW¼ of SE¼ of SE¼, and LESS that part of the S½ of SE¼ of SE¼ East and North of paved road, LESS: Starting at a point where the West line of the NE¼ crosses creek; thence South to the NW corner of SW¼ of SW¼ of NE¼; thence East 30 feet; thence North to creek; thence SW along creek to P.O.B. ALSO LESS: Starting at a point where the West line of the NE¼ of SE¼ of NE¼, crossed creek; thence South along said line to SW corner of the NE¼ of SE¼ of NE¼; thence East 30 feet; thence North to creek; thence Westerly along creek to P.O.B. Lying in Sec. 23, Tp. 20 S.R. 24 E., Lake County, Florida.
That part of the N½ of SW¼ and the SW¼ of NW¼ of Sec. 24, lying West of U.S. Highway No. 27, LESS the West 5/8 of the NW¼ of SW¼; and LESS: Begin on the South line of the NE¼ of SW¼ on the West right of way of U.S. Highway No. 27, run West 300 feet; North 150 feet; East to Highway; Southeasterly along Highway to P.O.B., and LESS: that part of the SW¼ of NW¼ lying North and West of Palatlakaha Creek. Lying in Sec. 24, Tp. 20 S.R. 24 E., Lake County, Florida.
ALL of Sec. 25 lying West of U.S. Highway No. 27. LESS: The South 284 feet of the North 550 feet of East 600 feet of NE¼ of NW¼, South 284 feet of North 550 feet of NW¼ of NE¼ West of Highway. LESS: The West 260 feet of East 890 feet of South 350 feet of North 616 feet of NE¼ of NW¼, lying in Sec. 25, Tp. 20 S.R. 24 E., Lake County, Florida.
ALL of Sec. 26, LESS: The W½ of SW¼ of SW¼, also LESS: The West 165 feet of the E½ of SW¼ of SW¼, ALSO LESS: The SW¼ of NW¼ of the SW¼ and the West 165 feet of the SE¼ of NW¼ of SW¼, ALSO LESS: Begin at the SE corner of the NW¼ of NW¼ of SW¼ and run Northwesterly to the NW corner of said NW¼ of NW¼ of SW¼; thence East to P.O.B. Lying in Sec. 26, Tp. 20 S.R. 24 E., Lake County, Florida.
ALSO: The E½ of NE¼ of SE¼ of NE¼ of Sec. 27, Tp. 20 S. R. 24 E., Lake County, Florida.
ALSO: That part of the N¾ of NW¼, laying West of Palatlakaha Creek, and that part of the NE¼ of NE¼ North of Saw Grass Lake, all in Sec. 35, Tp. 20 S.R. 24 E., Lake County, Florida.
The North 1/2 of NW¼ of NE¼ West of Highway No. 27; N¼ of NW¼; SW¼ of NW¼; SE¼ of NE¼ of NW¼; in Sec. 36, Tp. 20 S.R. 24 E., Lake County, Florida.
now classified and zoned as Part R-1 (Rural Residential) and Part A (Agriculture and Rural Enterprise), be, and the same is hereby amended, changed and rezoned to Classification R-3 (Mobile Home Park-Subdivision).
It now being the time advertised to hold a public hearing to review application for change and revision of the zoning of a certain area in Lake County, the Chairman called for interested persons to be heard at this time:
Ralph Surface, Mayor of Howey-in-the-Hills appeared and stated he is not objecting to the rezoning but to the fact that this property is surrounded by the Town of Howey and feels the property should be returned to the town limits. The Board having no authority in this regard and on motion of Commissioner Macdonell, seconded by Commissioner Carson and carried, a resolution was adopted altering and amending the Zoning Rules and Regulations as they pertain to the following tracts of land to the Classification designated after the description:
1. Commence at a point on the South boundary of Sec 23, Tp. 20 S.R. 25 E., at the intersection of the South boundary of State Road No. 48 – a distance of 561.86 feet East of the Southwest corner of Government Lot 8 of Sec. 23, Tp. 20 S.R. 25E., run thence West along the South boundary of said Sec. 23 to the Southwest corner of Government lot 7 of said Sec. 23, thence Noth along the West boundary of Government Lot 7 to the South boundary of State Road No. 48, thence Easterly along the South boundary of the right of way of State Road 48 to the point of beginning; LESS AND EXCEPT the clay pit along the West boundary thereof, owned by the County of Lake.
ALSO: Commence at a point 433.70 feet East of the Northwest corner of NE ¼ of NW ¼ of Sec. 26, Tp. 20 S.R. 25 E., run thence South 00°13’30” West 375.67 feet to an iron pin, thence run South 57°44’ West 958.53 feet to an iron pin, thence run South 61°00’30” West 576.55 feet to a concrete monument set in the margin of a canal, run thence Northerly along the Western boundary of said canal into the lake 600 feet, thence run Northeasterly to the Northeast corner of NW ¼ of NW ¼ of Sec. 26, Tp. 20 S.R. 25 E., thence run East along the North boundary of Sec. 26 to the point of beginning;
now classified and zoned as A (Agriculture), be, and the same is hereby amended, changed and rezoned to Classification C-1 (Commercial).
Julia Schaal, Assistant Planning Director, filed resolutions adopted by the Board of Zoning Appeals pertaining to the following Appeals Cases:
Numbers BZA 69-3; BZA 69-4; BZA 69-5
also Finding of Facts pertaining to Conditional Use Permits No. 124-5 and 125-4.
On motion of Commissioner Hoskinson, seconded by Commissioner Carson and carried, Thomas E. Chapman and James C. Watkins were designated Surplus Property Agents to receive Donable Surplus Property for Civil Defense purposes in behalf of Lake County.
COMMODITY WAREHOUSE SUPERVISOR
Robert S. Alderman, Commodity Warehouse Supervisor, was present and reported on the rapidly growing commodity program, and the need for better facilities for storage and distribution and full time employee. Mr. Alderman was instructed to present his request to the Board at the budget hearing on May 27.
On advice of the Attorney and on motion of Commissioner Macdonell, seconded by Commissioner Hoskinson and carried, a resolution was adopted exempting taxes on the following described property which has been purchased by the South West Florida Water Management District, for as long as the property shall continue to be used for public purposes:
E 1/4 of NE 1/4 of SE 1/4, LESS Railroad lot, in Section 29 Township 23 South, Range 24 East.
Letter from W. H. Reedy together with copy of House Bill 427 providing for the entire proceeds of the 7th cent gas tax to be paid to the counties was filed.
The Clerk was authorized to advertise bids for Workmen’s Compensation Insurance Bids to be received on June 9, 1969.
On motion of Commissioner Carson, seconded by Commissioner Hoskinson and carried, leave of absence with pay was approved for Jackson A. Haddox from June 22 – July 12, 1969 to attend summer session at North Carolina State University. Mr. Haddox’s expenses will be borne by the State.
On recommendation of the Commodity Warehouse Supervisor and on motion of Commissioner Macdonell, seconded by Commissioner VanAuken and carried, the Board approved the employment of Philip Carson on a part-time basis effective April 28, 1969 at $1.65 per hour.
On motion of Commissioner Macdonell, seconded by Commissioner Hoskinson and carried, the Clerk was authorized to issue warrant in the sum of $7,500 to the Department of Public Safety for 18,750 Inspection Certificates for use by the Motor Vehicle Inspection Stations effective June 1, 1969.
Travel expenses including plane fare one way and car rental for C. W. Sheffield to attend Pollution Control Conference at Perdue University May 7 and 8, 1969, was approved on motion of Commissioner Carson, seconded by Commissioner Hoskinson and carried.
On recommendation of Architect Jack Jones and on motion of Commissioner Carson, seconded by Commissioner Macdonell and carried, Coven Construction Company was authorized to make repairs to the skylights on the Agricultural Center roof in the amount of $75.00.
On request of the Juvenile Counselor temporary help in the Juvenile Court Office was approved at the rate of $50.00 per week effective April 17 while regular secretary is out sick, on motion of Commissioner Carson, seconded by Commissioner Hoskinson and carried.
On motion of Commissioner Hoskinson, seconded by Commissioner Carson and carried, reimbursement to the East Central Florida Regional Planning Council in the sum of $872.66 was approved for Lake County’s share of April expenses.
Temporary help in the Veterans Service Office from May – May 29 at the rate of $50.00 per week was approved on motion of Commissioner Carson, seconded by Commissioner VanAuken and carried. Commissioner Macdonell voted against the motion
Payrolls for the month of April were approved on motion of Commissioner Macdonell, seconded by Commissioner Carson and carried.
Commissioner Carson suggested that the Board submit a new list of right of way appraisers to the State Road Department, as some of the ones on the 1964 list are no longer in the County.
Mrs. Sophia Maguire informed the Board she has registered a complaint with the Health Department of a septic tank running raw sewage into the Saint Johns River.
Dennis Larabee of Bassville Park appeared and announced a Volunteer Fire Department has organized to serve the Bassville Park area and a pumper has been purchased. Attorney Duncan explained the application for charter has been completed and sent out for execution and should be in Tallahassee. Chairman Windram advised Mr. Larabee no action can be taken by the Board until the charter is approved.
Letter form the Florida State Board of Health concerning B & W Canning Company, Groveland was filed.
The following monthly reports were filed:
Veterans Service Officer
Building Division of the Planning Department
Surplus Commodity Warehouse Supervisor
There being no further business to bring before the Board, the meeting adjourned at 4:00 o’clock P.M.