MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS

 MONDAY – MAY 12, 1969

The Board of County Commissioners of Lake County, Florida, met in regular session in the Board Room on Monday, May 12, 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 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.

roads – state

Mr. Willard Peebles, member of the State Road Board, was present and discussed the importance of widening SR 25 within the City of Leesburg, including the intersection with SR 44 and deceleration and acceleration lanes at the Palm Plaza Shopping Center.  Mr. Peebles informed the Board if Lake County will advance the funds from Secondary Funds, the State Road Department will proceed with the acquisition of the right of way and construction and will agree to replace the funds during 1972-73.  On motion of Commissioner Carson seconded by Commissioner Hoskinson and carried, a Resolution was adopted as follows:

“RESOLUTION

  WHEREAS, the Lake County Board of County Commissioners is of the opinion that among the primary road requests presented by the Board to the State Road Department, for the coming Budget year, the widening of State Road 25 within the City of Leesburg, including the enlargement of the intersection of State Road 25 with Main Street in Leesburg, and the construction of acceleration and deceleration lanes at the Palm Plaza Shopping Center, is of prime importance at this time in view of the traffic problems already existing and resulting accidents and damage as well as the prospective demand upon said highway because of the rapid development of Disney World; and

  WHEREAS, the State Road Department has advised Lake County that in the event Lake County will advance from Secondary Gas Tax Funds due Lake County for the coming Fiscal Year, the sum of $750,000.00, to supplement funds available in the State Road Department Primary Funds, the State Road Department will promptly proceed with the construction of said Project, including the acquisition of right of way required for said purpose and will replace the funds advanced by Lake County for said purpose, to the extent of the cost of constructing said road, as shall be required from said funds; and in the event the Legislature shall make available funds for the acquisition of rights of way for primary roads during the current year, will replace the total of said $750,000.00 in the funds due Lake County under Secondary Gas Tax Funds.

  NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the State Road Department is hereby authorized and empowered to appropriate to the extent of $750,000.00, Gas Tax Funds allocated to Lake County for the budget or fiscal year of 1969-1970, upon the condition that the State Road Department will proceed promptly with the accomplishment of the Project as hereinbefore set forth, including the letting of the contract for the accomplishment of said Project within the Budget year of 1969-1970; and upon the further condition that the State Road Department will replace to the credit of Lake County Secondary Funds, such of said Funds as shall be required for the construction of said Project; and that in the event the Legislature makes provision for funds for the acquisition of rights of way for primary roads within the current year, the State Road Department will replace the total of said $750,000.00 to the credit of Lake County Secondary Gas Tax Funds as allocated by Law.  And that said funds will be replaced under the conditions above set forth, not later than the Fiscal Year beginning July 1, 1972.”

On motion of Commissioner Macdonell seconded by Commissioner Carson and carried, the Board adopted a Resolution approving the Road Department’s proposed “16-Year Road Program.”

Mr. Peebles informed the Board the State Road Department will take bids this year to widen SR 44 East from Eustis.

While Mr. Peebles was present, Clerk Owens submitted right of way map for Section 11210-2501, SR 530, which has been approved by the State Road Department.  On motion of Commissioner Hoskinson seconded by Commissioner Macdonell, a Resolution was adopted approving the map of location and survey as the official right of way map for said project, including the property descriptions under Parcel Nos. 100.1, 101.1, 102.1, 103.1 and 104.1.

Chairman Windram presented letter and pictures showing the condition of Lake Dicie since the culvert was installed from SR 19.  Mr. Peebles suggested that this information be forwarded to C. A. Benedict, District Engineer, for his information and study.

public health

Paul Milton was present with reference to landfill sites.  Stated he has an appointment with Mr. Lambert to view possible sites in the Ocala Forest.  Having difficulties finding locations in the Sorrento and Cassia area.  Mr. Milton explained he has located a site on the Empire Road near Groveland owned by Swann Groves, Inc.  He was instructed to negotiate with the owner for use of the site.

mosquito control

Mr. Milton reported his department has experienced the loss of many items over a period of one year and requested funds to fence the area as a precaution against theft and fire.  He was directed to include this request in his annual budget requests for the next Fiscal Year.

Clerk Owens submitted written request from Mr. Milton relative to certain fringe benefits for the Mosquito Control employees.  Mr. Milton also asked if Mosquito Control employees are affected by the policy relative to vacations.  He was assured the employees would receive the same benefits and the Engineer was instructed to furnish Mr. Milton a copy of the County Policy in regard to employees.

Commissioner Macdonell moved that the working hours for Mosquito Control mechanics be changed to begin one hour earlier in the morning and leave an hour earlier in the afternoon, during Daylight Saving Time only, provided the efficiency of the department is not affected.  The motion was seconded by Commissioner VanAuken and unanimously carried.

road closings

It now being the time advertised to hold a public hearing to consider petition to close prescriptive road, and no one appeared to object to the closing,  a motion was made by Commissioner Carson seconded by Commr. Macdonell, that the Board adopt a Resolution closing the following described prescriptive road:

Commence at the center of Sec. 3, Tp. 19 S. R. 25 E., thence run Westerly along County Road 5-5929 (Lisbon Fernery Road) 300 feet more or less, to the Point of Beginning; thence run Northerly 650 feet more or less; thence run Easterly 400 feet more or less;  thence run Northerly 1200 feet more or less, to the southwest corner of the following described tract of land:  Begin on the South side of right of way of Atlantic Coast Line Railroad 230 feet East of the Northwest corner of NE ¼ of Sec. 3, Tp. 19 S. R. 25 E.; run Southwesterly along a drainage ditch to the West line of NE ¼ of said Section; thence run South 692 feet, thence run East 660 feet; thence run North 821.5 feet; thence run West to the Point of Beginning.

 

indigents

On motion of Commissioner Carson seconded by Commissioner Macdonell and carried, the following changes were approved to the present indigent list:

            DISTRICT NO.           1 – DELETE Lillian Woltz - $40.00

                                                2 – ADD Lillian Woltz             40.00

                                                3, 4 and 5        NO CHANGE

 

Chairman Windram presented a report on Indigent Maternity Care and remarked to not feel this Board can act on this at the present time until we know if the Legislature will adopt a Medicaid program.

licenses & permits

The Engineer filed the following Use Permit:

To Sumter Electric Coop. Inc. for the construction and maintenance of power distribution line along County Rd. 3-2257 between Sec. 4, Tp. 21 S. R. 26 E. and Sec. 34, Tp. 21 S., R. 26 E.

 

municipal corporations

On motion of Commissioner Macdonell seconded by Commissioner VanAuken and carried, the Engineer was instructed to set grade stakes on City of Eustis property lying east of the Fair Buildings.

road maintenance – subdivisions

The Clerk was authorized to deposit to the Road and Bridge Fund money deposited with him for the improvement to Oklawaha Drive.

utilities

G. Pierce Wood, Vice President of Tampa Electric Co., appeared and requested a franchise for his company to operate in Lake County.  Commissioner Macdonell moved that this request be taken under advisement.  The motion was seconded by Commr. VanAuken and carried.

road maintenance – municipal corporations

Engineer Hays asked the Board’s feeling on street improvement in the City of Howey.  Chairman Windram instructed the Engineer to do the work at the County’s convenience and to charge the City for prison labor.  The Board re-affirmed its position of not competing with private enterprise on road construction.

right of way – roads

Engineer Hays presented map of right of way on N. George Street in Astor which Mrs. Maguire claims as her property.

county property

On recommendation of the County Engineer and on motion of Commissioner Carson seconded by Commissioner VanAuken and carried, the Board adopted a Resolution approving an exchange of properties with Pauline G. Alger and husband, John W. Alger, said properties being of equal value and equal in size, in order to locate the County road right of way; said properties being described as follows; and any objections to the exchange will be heard at 10:00 o’clock A.M. on July 7, 1969.

LAKE COUNTY’S PROPERTY:

 

Commence at the Southeast corner of the NW ¼ of SE ¼ of Sec. 32, Tp. 18 S. R. 27 E.; thence run North 0°44’20” East 294.09 feet; thence run South 75°15’40” West 74.90 feet to the Point of Beginning; thence continue running South 75°15’40” West 75 feet; thence run North 73°39’ West 75 feet; thence run South 89°11’40” East 144.51 feet to the Point of Beginning.

 

PAULINE G. ALGER and husband, JOHN W. ALGER PROPERTY:

 

Commence at the Southeast corner of the NW ¼ of SE ¼ of Sec. 32, Tp. 18 S. R. 27 E.; thence run North 0°44’20” East 345.97 feet; thence run South 75°15‘40” West 74.84 feet to the Point of Beginning; thence continue running South 75°15’40” West 75 feet; thence run North 73°39’ West 75 feet; thence run South 89°11’40” East 144.51 feet to the Point of Beginning.

 

roads – county

Harley Moore appeared and asked the Board’s intent with reference to future maintenance on County roads. The County has abandoned a certain road in Sec. 24, Tp. 17 S. R. 28 E. and notified the residents along the road they must maintain the road.  Chairman Windram explained this particular road was dropped from the County Road System because of the expense of maintaining the road for only one or two property owners.  He further explained the County will provide maintenance service at the owners’ expense in cases where private contractors are not interested in this type work.

On motion of Commissioner Macdonell seconded by Commissioner Carson and carried, a Resolution was adopted declaring the following described road a public road by prescription:

Commence at the East ¼ corner of Section 16, Township 20 South, Range 24 East; thence run West along SR 470, 625 feet more or less to the Point of Beginning; thence run North and Northwesterly along Trail Road 2,635 feet more or less to the end of this centerline.

 

On recommendation of the County Engineer and on motion of Commissioner Carson seconded by Commissioner VanAuken, the Board authorized the Engineer to negotiate with Sumter County for the resurfacing of County Rd. 1-6602, known as Cherry Lake.

inventory

On motion of Commissioner Macdonell seconded by Commissioner Carson and carried, the following items were declared surplus and of no value and removed from County inventory:

            County No.     3618 – Fire Extinguisher

                                    1938 – Rolotape wheel and rear mount hitch

                                    1017 – Allis Chalmers Cycle mower

 

auto & trucks

Engineer Hays reported on the various vehicles stored at the County Barns.  The Sheriff will investigate and if the cases have been settled, he will take the necessary action to have the vehicles removed. This does not include the Trailmobile Trailer stored at District No. 1 Barn.  On recommendation of the Attorney and on motion of Commissioner Hoskinson seconded by Commissioner Carson and carried, the Board authorized the Attorney to advertise under the Abandoned Vehicle Statutes.

county engineer

The Board approved vacation leave for Engineer Hays from June 30 – July 11.

recess & reassembly

The Board recessed for lunch at 12:00 o’clock noon and reconvened at 1:40 o’clock P.M. to take up the remaining items of business.

deeds

On recommendation of the Engineer and on motion of Commissioner VanAuken seconded by Commissioner Carson and carried, deed conveying the following described road right of way to Lake County was accepted and ordered recorded upon the public records:

Commence at the center of Section 12, Township 19 South, Range 25 East; thence run North 0°17’15” East 330.00 feet to the South boundary of Oklawaha Drive; thence run South 87°08’ East along the South boundary of Oklawaha Drive 500.00 feet to the Point of Beginning; thence continue running South 87°08’ East 100.00 feet; thence run South 0°07’15” West 6.50 feet; thence run North 87°08’ West 100.00 feet; thence run North 0°07’15” East 6.50 feet to the Point of Beginning.

 

county property

Attorney Duncan reported on his findings of proposed exchange of property with Jim Payne.  He was instructed to notify Mr. Payne the County is agreeable to the exchange provided the properties are of equal value and size.

planning & zoning

On recommendation of the Planning and Zoning Commission and on motion of Commissioner Macdonell seconded by Commissioner Carson and carried, a Resolution was adopted amending the Zoning Rules and Regulations as they pertain to the following tracts of land, to the Classifications designated after each description:

1.     On West side of new Haines Creek Road (SR 473) 2 miles North of 441 and approximately ¾ miles North of Camp Moon, and more particularly described as follows:  The NE ¼ of NE ¼, LESS right of way of SR 473 and LESS the North 30 feet East of SR 473, in Sec. 11, Tp. 19 S. R. 25 E.,

 

Now classified and zoned as R-1 (Rural Residential), be, and the same is hereby amended, changed and rezoned to Classification R-3 (Mobile Home Park-Subdivision).

 

2.     North of Lady Lake, East of Old 27-441 approximately ¾ mile on South side of District Road 1-8010 and more particularly described as follows:  E ½ of N ½ Gov. Lot 8 in Sec. 5, Tp. 18 S. R. 24 E.;

           

          Now classified and zoned as R-1A (Rural Residential), be, and the same is hereby amended, changed and rezoned to Classification R-                     (Mobile Home Park-Subdivision).

 

3.     South of SR 40 and Astor, East of District Road 5-9587, on South side of District Road 5-9589 on West Bank of St. John’s River and more particularly described as:

 

Area 1:  West 510 feet of North ½ and West 525 feet of South ½ of Lot 71, Sec. 21, Manhattan, according to the Plat thereof as recorded in Plat Book 2, Page 13, Public Records of Lake County, Florida.

 

Area 2:  Lot 71, Sec. 21, Manhattan, LESS that portion described in Area 1 above;

 

Now classified and zoned as A (Agriculture & Rural Enterprises), be, and the same is hereby amended, changed and rezoned to Classification:  Area 1 – R-3 (Mobile Home Park-Subdivision), and Area 2 – R-1 (Rural Residential).

 

Conditional Use Permits Nos. 124-5 and 125-4 were approved on motion of Commissioner Macdonell, seconded by Commissioner Carson and carried.

It now being the time advertised to hold a public hearing on the proposed change to the Zoning Rules and Regulations, the Chairman called for interested persons to be heard at this time:

Hearing No. 18-69-5 from Residential R-1 to Commercial C-2:  Commissioner presented a petition opposing this rezoning which was signed by 21 residents of the area.  Commission VanAuken moved that the request be denied.  The motion was seconded by Commissioner Hoskinson and carried.

Hearing No. 17-69-1 from Rural Residential R-1-A to Urban Commercial District Small Industry C-3:  On motion of Commissioner Carson seconded by Commissioner VanAuken and carried, the requested change was denied and referred to the Board of Zoning Appeals.

On motion of Commissioner Macdonell seconded by Commissioner Carson and carried, the Conditional Use Permit regulations were extended for a six months period.

On recommendation of the Planning & Zoning Director, the Board approved a public hearing for June 30, 1969 at 2:00 o’clock P.M. to consider the adoption of Subdivision regulations.

laws & legislature

Attorney Duncan recommended that House Bill 3378 be re-introduced in the Legislature which provides for public water and disposal systems.  The bill creates the manner in which the systems would be operated in the event the owners failed to operate the systems under the Dept. of Public Health.  This would give the County the authority to condemn or take over any of the systems that fail to comply with the rules and regulations.  On motion of Commissioner Macdonell seconded by Commissioner Hoskinson and carried, the Attorney was authorized to have the bills re-introduced.

Letter to the Chairman from Aide to James A. Glisson regarding HB 427 relating to the seventh cent gasoline tax was read and filed.

bonds – misc.

Deputy Sheriff bond for Elbert Hurd Foster with Hartford Accident and Indemnity Company as Surety was approved on motion of Commissioner VanAuken seconded by Commissioner Hoskinson and carried.

Contractor’s Bond No. 418 insuring Chris Dodds, Electrical Contractor, for certificate of competency was approved on motion of Commissioner Carson seconded by Commissioner Macdonell and carried.

elections – precincts

After discussing the list of voting precincts showing the number of registered voters in each precinct, Commissioner VanAuken moved that a Resolution be adopted abolishing Precinct #37 due to the small number of voters and that the voters shall vote in Precinct #8 (Grand Island).  The motion was seconded by Commissioner Macdonell and carried.

county agents

Request from Marian B. Valentine, County Extension Home Economics Agent, to attend a special summer session at North Carolina State University June 22 through July 12, 1969, at her own expense, was approved on motion of Commissioner Carson seconded by Commissioner Hoskinson and carried.

cancellation of warrant

On motion of Commissioner VanAuken seconded by Commissioner Carson and carried, the Clerk was authorized to cancel because of duplicate payment General Revenue Fund Warrant #2115 payable to Superintendent of Documents in the amount of $2.50 for two handbooks for the Veterans Service Officer.

checks received

Statement from the Clerk of Circuit Court of payroll for State Trail Witnesses at the Fall Term of Circuit Court showing a refund of $342.24 was accepted on motion of Commissioner Carson seconded by Commissioner Hoskinson and carried.

funds – transfers

On motion of Commissioner Carson seconded by Commissioner Hoskinson and carried, the Clerk was authorized to transfer $500.00 from the Contingency Item in the General Revenue Fund to Acct. #68845.

accounts allowed

On motion of Commissioner Carson seconded by Commissioner Macdonell, travel expenses were approved for the Civil Defense Coordinator to attend National Civil Defense Conference in Biloxi, Mississippi on June 7 – 12; also expenses to Tallahassee on May 22 – 23 to consult with the State Civil Defense Coordinator.

Request from Harvey Spears General Contractor for Payment No. 2 in the sum of $18,971.10 for work performed on the Health Building, Tavares, was approved on motion of Commissioner Carson seconded by Commissioner VanAuken and carried.

Reimbursement to the Lake County Chamber of Commerce for April expenses in the amount of $2,083.33 was approved on motion of Commissioner VanAuken seconded by Commissioner Carson and carried.

Quotation from Simons Office Equipment, Inc. on two Acme Visible Micro-Film Cabinets for the Clerk’s Office at $771.42 was accepted on motion of Commissioner Hoskinson seconded by Commissioner Macdonell and carried.

Travel request from Robert Mack Jones to attend Dairy Production Conference in Gainesville, May 13 – 14 was approved on motion of Commissioner Carson seconded by Commissioner VanAuken and carried.

On motion of Commissioner Macdonell seconded by Commissioner Carson and carried, a Resolution was adopted approving emergency repairs on Road Grader, County #1006, by Ring Power Corp. in the amount of $4,111.36.

On motion of Commissioner Carson seconded by Commissioner Hoskinson and carried, request from the Small Claims Court for approval to purchase used Stenocord machine in the sum of $196.00 was authorized.

On motion of Commissioner Carson seconded by Commissioner VanAuken expenses were approved for 4-H Girls and Boys to attend Camps on May 16 & 17 and June 16 – 21 in the amounts of $60.00 and $150.00.

Request from the Tax Collector for $13,534.31, commissions on taxes remitted was approved on motion of Commissioner VanAuken seconded by Commissioner Hoskinson and carried.

Payment of $500.00 to Gee & Jenson in accordance with contract dated September 3, 1968 was approved on motion of Commissioner Carson seconded by Commissioner VanAuken; the following vouchers were approved for payment:

Fund

 No.

General Revenue Fund

1427 – 1645

Mosquito Control I

33 – 39

Mosquito Control II

30 - 34

Auto Inspection

148 – 173

Fine and Forfeiture Fund

143 – 166

Road and Bridge

489 – 571

Capital Outlay Reserve Health Clinic

4

N. E. Lake Co. Hosp. Dist–Ambulance

11

N. W. Lake Co. Hosp. Dist-Ambulance

11

 

communications

Letter from the Chairman to Mrs. Claire E. Hepler thanking her for the donation of a portable resuscitator and oxygen tanks to the Lake Memorial Nursing Home was read and filed.

Letter from the City of Clermont expressing appreciation to the Board for furnishing clay for the Little League Ball Field was read and filed.

reports

The following monthly reports were filed:

 

Welfare Director

County Agent and Assistants

Home Extension Agent and Assistants

State Beverage Dept. distribution of cigarette tax for the month of March

Statistical report from the Florida State Board of Health

 

There being no further business to bring before the Board, the meeting adjourned at 4:00 o’clock P.M.

 

___________________________________                                                                                                                                                  ______________________________

CLERK                                                                                                                                                                                                           CHAIRMAN