MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
MONDAY – JULY 14, 1969
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 Monday, July 14, 1969, at 9:00 o’clock A.M. with the following members present: Commissioner Thomas J. Windram, Chairman; Commissioners James R. Carson, Jr., J. M. Hoskinson, Alex J. Macdonell, 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 Chairman Windram and the invocation was given by Mr. Hays.
On motion of Commissioner Macdonell seconded by Commissioner VanAuken and carried, a Resolution was adopted declaring the following described tract of land to be surplus County property and authorizing the sale of same:
North 276 feet of the East 405 feet of the NW ¼ of Section 22, Township 23 South, Range 24 East.
road and bridge dept.
The Board members agreed for Commissioner Macdonell to loan a grader and operator to the Groveland School.
roads – county
Commissioner Macdonell suggested that the Board should consider a policy to make improvements to roads that are not prescriptive but considered hardship cases. Commissioner Hoskinson said the Commission should review the roads and maybe take them on as County prescriptive roads with a minimum of maintenance. Chairman Windram warned this matter should be given careful consideration.
On motion of Commissioner Macdonell seconded by Commissioner Hoskinson and carried, the Attorney was directed to review the law concerning County Agricultural Zoning Boards and assessment of lands zoned agricultural. (Chapters 193-201 and 193.11) and advise the Board of its obligation under the law.
RIGHT OF WAY – ROADS
Commissioner Hoskinson stated Mr. Creech is still experiencing difficulties with the grove owner along dedicated street in Lake Highlands Subdivision. Engineer Hays said the citrus trees on both sides of the road are within the right of way and the owner continues to harrow the grove although a Resolution was previously adopted prohibiting harrows on the right of way. Attorney Duncan advised if the road is dedicated to the public it is the County’s duty to see that the road is accessible. Commissioner Hoskinson was authorized to request the grove owner to provide another access road for Mr. Creech running West from SR 455, South of Old SR 50, in Section 23, Township 22 South, Range 26 East, or the County will enforce the Resolution.
At the request of the Board Mrs. Verna Eastwood, Welfare Director, appeared relative to request from Johnson’s Professional Nursing Home to assume more of the obligation for three of its patients. Mrs. Eastwood recommended that the County not change the present policy of ten patients each month at $58.00 per month. Mrs. Eastwood did recommend that the nursing care for Susan Koran be increased from $55.00 to $58.00 per month and same was approved on motion of Commissioner VanAuken seconded by Commissioner Carson and carried.
The following changes were made to the present indigent list on motion of Commissioner Carson seconded by Commissioner Hoskinson and carried:
District No. 4 ADD – Urich Benyard $74.48
ADD – Sallie Swearingen 42.00
District Nos. 1, 2, 3, & 5 NO CHANGE
Clerk Owens submitted letter from Dr. Hall relative to rising hospitalization costs for indigents caused by an increase in per diem rates and longer periods of hospitalization.
Clerk Owens submitted letter from the Medicenter, Leesburg, advising that all patients will be admitted and treated without regard to race, color or national origin.
It now being the time advertised to consider the exchange of the following parcels of land declared non-essential for County purposes in exchange for a five year lease upon a tract of land owned by Pine Ridge Dairy, Inc., described as Tract B and a Haul Road described as Tract C, and no one appeared to object to said exchange, a Resolution was adopted approving the exchange and a deed was authorized conveying the tract of land owned by Lake County to Pine Ridge Dairy, Inc.
Commence at the North Quarter Corner of Sec. 8, Tp. 19 S. R. 24 E., run thence South 1070 feet; thence run South 89° 35’ West 108 feet for the point of beginning; thence continue running South 89°35’ West 542 feet; thence run North 4°39’53” West 338.56 feet; thence run North 85°20’ East 571.42 feet; thence run South 380 feet to the point of beginning.
Commence at the North Quarter Corner of Sec. 8, Tp. 19 S. R. 24 E., thence run South 1070 feet; thence run South 89°35’ West 158 feet to the Point of Beginning; thence run South 264 feet more or less, to the centerline of County Road #1-5702; Begin again at the point of beginning and run thence South 89°35’ West 50 feet; thence run South 264 feet more or less, to the centerline of said County Road #1-5702; thence run East along the centerline to intersect the Easterly line of this tract.
On motion of Commissioner Carson seconded by Commissioner Hoskinson and carried, bids were authorized for chain link fencing to be erected on the Mosquito Control grounds. Bids to be received August 4.
On motion of Commissioner Carson seconded by Commissioner VanAuken and carried, the Board authorized a special meeting on September 3, 1969 to receive bids on annual supplies and requirements.
Request from Dr. Hall to advertise bids for August 11th for furnishings and equipment for the Tavares Health Center was approved on motion of Commissioner Hoskinson seconded by Commissioner Carson and carried.
Attorney Duncan advised an Act was passed by the Legislature increasing the amount required for bids.
Paul Milton, Mosquito Control Director, appeared and reported on the progress of landfill sites. The Empire Church Road pit is in operation. Will move the dragline into the Stuckey pit from the Empire Church Road pit. Hope to start operation on the Log House Road pit within ten days. Attempting to locate sites in the Cassia, Sorrento, Paisley and Astor areas.
Mr. Harden Powell of Consolidated Insurance Agency was present relative to the new law removing political subdivision from tort actions. Attorney Duncan said he had not received a certified copy of the Bill. Mr. Powell advised that an area survey of the buildings will be necessary and also recommended that any elevators be included in the coverage. On motion of Commissioner Carson seconded by Commissioner Hoskinson and carried, Mr. Powell was authorized to bind the County for $100,000/$500,000 liability limits for thirty days.
Sheriff McCall appeared with reference to last week’s complaint concerning hunters turning dogs loose in the Lake Mack area. The Sheriff said he was sorry he was not called in while the delegation was present. He explained there is no law against hunters turning their dogs loose as you can’t arrest dogs for trespassing and no criminal law has been violated. The property owners must take the nuisance angle and enjoin the hunters from hunting in the area.
John Wallace appeared and complained of debris from the old hotel in Yalaha being in the right of way blocking access to a portion of his property. Attorney Duncan said it is the County’s responsibility to keep dedicated streets or roads open to the public and have the right to insist that the debris be moved. Mr. Wallace was referred to the Building Department.
outdoor recreational facilities
W. H. Reedy was present and informed the Board he is advised by the State Road Department that the maintenance of the Wayside Park on Lake Eustis West of Tavares is the responsibility of Lake County and any arrangement with the City of Tavares is beyond their control. Chairman Windram explained to Mr. Reedy the City has agreed to maintain the park and, furthermore, in the 1969-70 budget there is a Road and Bridge millage of which a portion will go to the City of Tavares and may well provide them with the funds to maintain the park.
right of way easements – except roads
Commissioner Hoskinson informed the Board that rather than complete the condemnation proceedings involving property for a County park on the Dora Canal, the owner is willing to give the County 80 feet from the center of the channel on the West side of the canal. No improvements will be made in the park except a bridge or walkway that will extend to the basin, which will be on the East side. Commissioner Hoskinson moved that the Attorney prepare the proper instrument giving the County an 80-foot easement from the center of the canal, said property to be maintained in its natural state, except for a walkway and a bridge as above mentioned. The motion was seconded by Commissioner Macdonell and carried.
roads – state
Rep. Reedy advised contract for the four-laning of SR 44 from SR 19 (Bay St.) to Haselton Avenue will be awarded on July 24.
Mr. Reedy also stated he has informed the Governor he will support the 16-year road program but will not support an increase in gas tax.
motor vehicle inspection
Rep. Reedy asked the Board’s approval of a ten-day extension for vehicles to be re-inspected because of the unavailability of parts. If the owner produces a letter that the part has been ordered and not received that the owner should not be penalized.
At this time the Board interviewed applicants for the position of telephone operator:
Mrs. Sonna Lou Vitter
Mrs. Frances Davis
Mrs. Martha Traywick
recess & reassembly
The meeting adjourned for lunch at 12 o’clock noon and reconvened at 1:30 o’clock P.M. to take up the remaining items of business.
salaries & wages
On recommendation of the Engineer and on motion of Commissioner VanAuken seconded by Commissioner Hoskinson and carried, the Board approved the following rate for employees of Motor Vehicle Inspection Stations who work part-time or less than a full month:
$3.20 per hour through September 30, 1969
2.42 per hour effective October 1, 1969
Engineer Hays stated in December 1963 the roads in Bellieux Estates were closed and now have request to close the parks. There was no action by the Board on this matter.
roads – county
The Engineer discussed the results of the last road inspection trip. On motion of Commissioner Hoskinson seconded by Commissioner Carson and carried, the Board approved paving County Road #4-4365 (Dora Manor) and authorized bids to surface Pinecrest Drive (#4-4961) and Titcomb Street (#4-4959) and to resurface streets in Lake Minnehaha Chain-O-Lakes Subdivision and the Smart Hill Road. Bids to be received August 11, 1969.
On motion of Commissioner VanAuken seconded by Commissioner Hoskinson and carried, the following action was approved:
County Roads #5-6960 (Second St.) and #5-6860 (Oak St.) in Dona Vista were accepted to pave.
County Road #5-8787 (Rancho Lane) in Paisley was accepted for maintenance and construction.
County Road #1-5913 (Picceola Highland Road) was accepted to surface.
County Road #2-1213 (Empire Church Road Cut-off) will be resurveyed and Commissioner Macdonell will investigate the right of way.
planning & zoning
On recommendation of the Planning and Zoning Commission and on motion of Commissioner Macdonell seconded by Commissioner Hoskinson and carried, the Zoning Rules and Regulations were altered and amended as they pertain to the following tracts of land, to the Classification designated after each description: (See Minute Book 21, page 465 for Resolution changing zoning classifications.)
Also, Conditional Use Permits 133-5, 134-1 and 135-5 were approved and rezoning under Case No. 30-69-2 was denied as recommended by the Planning and Zoning Commission.
On recommendation of the Planning and Zoning Commission and on motion of Commissioner Hoskinson seconded by Commissioner VanAuken and carried, the following action relative to Conditional Use Permits was approved:
No. 136-4 Denied
No. 132-2 Approved
At this time the Chairman called for interested persons to be heard concerning Conditional Use Permit No. 130-2, said permit would authorize the applicant to maintain and operate a poultry enterprise.
Mrs. C. W. Ascherl, Jr., the applicant’s wife, was present.
Mr. Bronson, Purina representative, appeared in support of the request.
Commissioner Macdonell commented the people in the area are very much opposed to the operation.
Commissioner Carson moved that the permit be approved. The motion was seconded by Commissioner VanAuken. Whereupon, the Chairman called for a roll call vote with members of the Board voting as follows:
Commissioner Carson Yes
Commissioner Macdonell No
Commissioner Hoskinson No
Commissioner VanAuken No
After further discussion, a motion was made by Commissioner Macdonell to reconsider the vote by which it failed to pass and leave it pending. The motion was seconded by Commissioner VanAuken and carried. The request will be reconsidered on August 11, 1969.
Mr. Watkins reported the Orange Blossom Trail Garage is still not complying with the regulations pertaining to junkyards. This matter was referred to the County Attorney for immediate action.
Resolution adopted by the Board of Zoning Appeals denying Appeal Case BZA-69-6 was filed.
E. T. Hall appeared with reference to Resolution adopted by the Board on May 27 amending subdivision exemptions which exempts the owner from 12,500’ lots. Mr. Hall advised only a portion of the property has been subdivided and the Resolution described the entire tract. Mr. Hall was instructed to inform the owner the plat will be accepted if it complies with the Resolution and the regulations.
roads – state
Engineer Hays reported private property along SR 473 is being used as a dump site and have received authorization from the owner to post “no dumping” signs and the Mosquito Control was authorized to clean up the area.
Engineer Hays presented recommendations concerning the maintenance of lateral ditches, cemeteries, churches and parks. Commissioner Carson moved that the recommendations of the Engineer be approved and same established as a County policy. Commissioner Macdonell seconded the motion. Commissioner Hoskinson and VanAuken voted against the motion. The majority of the Board voting for the motion, the Chairman declared the motion carried.
Clerk Owens submitted affidavits from the Public Defender Robert E. Pierce and State Attorney Gordon G. Oldham, Jr. that each will serve in their respective offices on a full-time basis effective October 1, 1969 and September 1, 1969.
bonds – misc.
The following contractors’ bonds were approved on motion of Commissioner VanAuken seconded by Commissioner Carson and carried:
Nos. 124 – Renewal
and cancellation of No. 398 – Robert Fields Moss.
Fire Arms Bond for Robert E. Pierce was approved also.
Clerk Owens advised the Board appointments to the Board of Examiners expire September 1. No action was taken by the Board.
The Clerk presented notice from the Veterans Service Officer that Julia Hoverstock is on leave of absence without pay from July 7, 1969 to September 1, 1969.
elections – precincts
On motion of Commissioner VanAuken seconded by Commissioner Hoskinson and carried, a Resolution was adopted designating the voting place for Precinct No. 33 to be located at the Dona Vista Baptist Church Educational Building located on SR 19.
Attorney Duncan advised this change in the voting place must be advertised thirty days before the next election.
Commissioner VanAuken submitted a Resolution relative to the construction of future County buildings whereby the County may incorporate fallout shelter protection in the design of same. The Attorney was instructed to review the proposed Resolution and make his recommendations at the next meeting.
The Attorney reported he is in receipt of Chapter 69-32 providing procedures for the exercise of Ordinances making powers by counties. Will need to study this further, especially the provision for emergency enactment and whether or not the counties can amend special acts passed by the Legislature.
roads – state
Attorney reported on the status of the right of way on SR 530.
Parcel #100 - E. H. Wilheim settled for $65,100
101 - Frank Stein et al – have not accomplished anything on this
102 - Chas. C. Dunlop, Jr. – waiting on 50’ access. Hope he will settle for $6575
104 - Chas. E. Arnold et al – have signed contract for $6525
103 - K.R.M. Properties, Inc. – owners have agreed to settle for $52,570
On motion of Commissioner Hoskinson seconded by Commissioner VanAuken and carried, the Attorney was instructed to prepare contract with K.R.M. Properties, Inc. in the sum of $52,570.
The Attorney was requested to check the special acts creating the Northeast and South Lake Hospital Districts to determine budgetary requirements.
Commissioner Hoskinson asked that the Northwest Hospital District be required to furnish a more detailed budget statement. Clerk Owens advised the law only calls for them to show how the funds are spent.
contracts & agreements
On motion of Commissioner Carson seconded by Commissioner Macdonell and carried, amendment to the contract with the Game and Fresh Water Fish Commission was approved providing the estimated costs under the agreement dated June 17, 1968 shall not exceed $16,500 to either the Board or to the Commission.
Clerk Owens presented reply from Alachua County regarding the storing and hauling of voting machines, advising that voting machines are stored in a County owned warehouse and have a contract for hauling the machines on the basis of $9.50 per machine per round trip. The Clerk was instructed to report on the cost of storing and transporting Lake County’s machines.
Paul Milton, Mosquito Control Director, submitted prices on a two-way radio for his car and he was instructed to consult further with the County Engineer.
Travel expenses of Tom Chapman, Civil Defense Coordinator, were approved to attend Radiological Monitor Instructor’s Course at Palm Beach July 28 - August 8, on motion of Commissioner Macdonell seconded by Commissioner Carson and carried.
Electric bills for service at the Fairgrounds amounting to approximately $46 were referred to the Clerk for further information.
On motion of Commissioner Macdonell seconded by Commissioner VanAuken and carried, purchase of a buffing machine in the amount of $229.50 was approved for the Juvenile Shelter.
Application No. 4 from Harvey Spears General Contractor for work performed on the Tavares Health Center in the sum of $23,089.50 was approved on motion of Commissioner Carson seconded by Commissioner Hoskinson and carried.
Travel Voucher for $53.75 from J. W. Bryant covering expenses to meet with loan officer at the Veterans Administration Office in Jacksonville on June 26 was approved on motion of Commissioner Carson seconded by Commissioner Hoskinson and carried.
On motion of Commissioner Hoskinson seconded by Commissioner Macdonell and carried, request from the South Lake Memorial Hospital was approved as follows:
Construction Fund $36,000.00
Ambulance Fund 11,000.00
Request from the Lake County Chamber of Commerce for reimbursement for June expenses in the sum of $2,083.33 was approved on motion of Commissioner Hoskinson seconded by Commissioner VanAuken and carried.
Commissions on the 1968 Tax Roll in the amount of $2,566.44 to the Tax Collector were approved on motion of Commissioner Hoskinson seconded by Commissioner Carson and carried.
Commissions retained for errors and insolvencies to the Tax Assessor in the sum of $24,433.49 were authorized on motion of Commissioner Hoskinson seconded by Commissioner Carson and carried.
On motion of Commissioner Carson seconded by Commissioner Hoskinson and carried, statement from the Game and Fresh Water Fish Commission in the amount of $16,101.51 was approved per amendment to contract.
On motion of Commissioner Carson seconded by Commissioner Hoskinson, the following vouchers were approved for payments:
General Revenue Fund
1866 - 2086
Mosquito Control State I
46 - 50
Mosquito Control State II
40 – 44
198 – 221
Road and Bridge Fund
640 – 727
Fine and Forfeiture Fund
188 – 211
Bond Interest & Sinking Fund
S. Lake Memorial Hospital
6 – 8
S. Lake Memorial Hospital – Ambulance
6 – 8
N.E. Lake County Hospital
N.E. Lake County Hospital - Ambulance
13 - 15
N. W. Lake County Hospital
6 – 7
N. W. Lake County Hospital – Ambulance
13 - 15
funds – transfers
Judge W. A. Milton, Jr. was present with reference to the salary bill which increases the salaries of the County Judges to $17,900 annually effective July 10, 1969. On motion of Commissioner Hoskinson seconded by Commissioner VanAuken and carried, the Clerk was authorized to transfer the necessary funds from the Contingency Items to meet the salary increases resulting from the passage of new bills.
On motion of Commissioner Carson seconded by Commissioner Macdonell, the Clerk was authorized to transfer $3,285.00 from the Contingency Item in the General Revenue Fund to Account #23692 “Payment of Delinquent Fees” on the Motor Vehicle Inspection Program. Also, transfer $229.50 from the Contingency Item in the General Revenue Fund to Account #86882, Equipment Juvenile Home.
E. T. Hall, Surveyor, was present and complained of the $5.00 charge by the Planning Dept. for copies of the new subdivision regulations. Mr. Watkins, Planning Director, stated there will be a summary to the regulations compiled that will be issued without cost.
Letter of Complaint from W. Marshall Morgan relative to the burning of junk cars on SR 50 East of Groveland was referred to Commissioner Macdonell.
Letters from Senators Holland and Gurney and Congressman Chappell regarding the Board’s Resolution opposing modification to the Federal Tax Exemption on Bonds were read and filed.
Notice from the U. S. Corps of Engineers that Burrell Lock will be closed to navigation for repairs and maintenance during the period July 21 – July 25, 1969 were read and filed.
Notice from Shoup Voting Machine Corp. that effective July 1, 1969 rate for service and repairs will be increased to $7.50 per hour was read and filed.
Letter from the Central Florida Development Committee announcing the appointment of Paul F. Smith as Executive Director was referred to the Planning Director.
Letter from the Suncoast Springs Chamber of Commerce relative to a proposed recreation facility on the Gulf and South Shore of Crystal River was read and endorsed by the Board.
Copy of letter from the Florida State Board of Health regarding Western Shores Subdivision 1st Addition was referred to the Planning Director.
The following monthly reports were filed:
Home Economic Agent and Assistants
Cigarette Tax collections and distributions for the month of May
There being no further business to bring before the Board, the meeting adjourned at 5:15 o’clock P.M.