MINUTES OF regular MEETING OF BOARD OF COUNTY COMMISSIONERS
tuesday – september 2, 1969
The Board of County Commissioners of Lake County, Florida, met in regular session in the County Commissioners’ Room in the Courthouse, Tavares, Florida, on September 2, 1969 at 9:00 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 Carl E. Duncan, County Engineer Gordon Hays, Jr., Clerk of the Circuit Court Frank E. Owens and Deputy Clerk Norma H. Coven.
The Chairman called the meeting to order, and the invocation was given by Mr. Hays.
W. H. Bolt and B. E. Payne appeared and complained of a drainage problem from North Bay Road. Chairman Windram stated the Road Superintendent is viewing this condition at the present time. Engineer Hays informed the Board the easement is a private one, and the property owners have been advised the County is only obligated to correct the problem on the road, which is caused by a drain put in by the developer of the subdivision. Mr. Windram advised the owners the Board will contact them after viewing the area.
Commr. Macdonell asked for assistance to correct a drain problem on State Road S-565. The owner is complaining that the pipe under the road needs lowering. On a motion by Commr. Macdonell, seconded by Commr. Hoskinson and carried, the Engineer was authorized to lower the pipe subject to the approval of the Department of Transportation.
Mr. Macdonell questioned the policy relative to filling sink holes on private property. It was the consensus of the Board that the private owners should fill the holes.
Commr. Macdonell complained of the number of mobile homes being installed throughout the county without a permit from the Building Department. Chairman Windram stated this is a matter of enforcement as the regulation is on record. Mr. Duncan said the procedure has been for the Zoning Department to refer the violators either to him as County Attorney or to the Prosecuting Attorney to process as a misdemeanor.
Frank Treen representing the Mount Dora Golf Association appeared and complained of a drainage problem from Robie Street onto the golf course. Mr. Treen advised it is the County Engineer’s recommendation that the cost to correct the problem be divided between the City, the County and the Golf Association; and the City is willing to give an easement to install the necessary drain pipe. Cost is approximately $250 to $300. On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried, the Engineer was authorized to proceed with the work, provided the necessary easement can be obtained from the City of Mount Dora.
Mr. Boyd of Lake Joanna appeared and complained that the culvert under State Road 44 needs cleaning out. Commr. Macdonell moved that the Attorney request the Department of Transportation to keep the lower pipe open so the water can drain off. Commr. Hoskinson seconded the motion, which carried.
A letter from Mrs. Jessie J. Carroll complaining of the unsanitary conditions of existing egg farms in the county was read and filed.
A letter from Cara-Mar Motor Lodge, Eustis, complaining of the manner in which the Chamber of Commerce solicits membership and the distribution of literature.
A letter of complaint from Mrs. Richard Rowley, Lady Lake, relative to air pollution in the area caused by burning was read and referred to the Pollution Control Board.
A letter from Mrs. Helen B. Wilson, Mount Dora, complaining of the hyacinths in Lake Dora was read and referred to the Pollution Control Board.
The Attorney was instructed to prepare an ordinance with reference to controlling the chicken ranches already in operation in the county.
Attorney Duncan presented for the members review an Ordinance authorizing and empowering the Board to establish and operate a garbage collection and disposal service.
roads – county
Prescriptive roads not meeting the 50-feet requirements were considered for maintenance, also, the establishment of a policy for a “third road system” with a minimum of maintenance on the suggestion of Commr. Macdonell. The subject was tabled for further discussion and review.
Lester T. Barksdale appeared and presented dedication for a road in Bassville Park which includes stipulation that the road will be completed within six months. Said road will be primarily for the use of the property owners instead of the public. Mr. Barksdale was advised if additional time is required to construct the road, this must be secured from Mr. Berkowitz.
The Engineer was instructed to notify the owners the County will not maintain the cattle gaps on County Roads 2-2605 and 2-2704.
Application to the Forest Service for permit for a portion of County Road 5-9685 that crosses National Forest land in Section 8, Manhattan Subdivision was approved by the Board.
right of way – roads
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried, a resolution was adopted requesting the Department of Transportation to establish centerlines for the following described roads and advise the Board the required width of rights of way to assist the Board in acquiring title to the rights of way as rapidly as possible:
Item No. 522528
Item No. 522530
Item No. 522532
Item No. 522534
Item No. 522539
D. T. Larabee appeared and presented dedication for road right of way as follows:
Haines Enterprises, Incorporated: North 200 feet of the East 50 feet of NE ¼ of SE ¼ in 14/19/25.
The dedication was accepted with no obligation for maintenance by Lake County.
road maintenance – subdivisions
L. A. Rees appeared and requested the Board’s consideration to improve the continuation of Ocklawaha Drive to connect with Northern Drive with the cost to be paid by the property owners. Mr. Hays was instructed to make an estimate of the cost and to include it on the next road trip.
It now being the time advertised to receive any and all objections to the repairing or resurfacing of Lake Dora Circle in Thompson Estates pursuant to Chapter 63-1505, and no one appearing to object, a resolution was adopted accepting and approving the petition, and the Engineer was directed to prepare specifications for the construction; at such time as the total cost of the work is determined, a special assessment roll was authorized and advertised in accordance with the Act.
On a motion by Commr. Hoskinson, seconded by Commr. VanAuken and carried, the Attorney was instructed to notify Mrs. Virginia D. Gillis the manner in which reimbursement will be made to her for funds advanced for the construction of roads and streets in Rainbow Ridge and Broadvue Heights.
roads – state
Engineer Hays submitted a letter from the Department of Transportation relative to improving State Road 455 from State Road 19 to State Road 561A. The Department suggests that 50 percent of the cost be paid from County secondary funds and 50 percent from state funds, to be turned back for secondary maintenance. Approximate cost will be $15,000 per mile. This project should be included in next year’s road requests.
On a motion by Commr. VanAuken, seconded by Commr. Hoskinson and carried, a resolution was adopted requesting the Department of Transportation to erect an additional sign at the intersection of State Road 44 and State Road 500 East of Leesburg, directing traffic to Eustis by State Road 44, as well as by State Road 500 or that Eustis be added to the sign, which now reads Lisbon.
suits affecting county
The Chairman recognized a large delegation interested in the preservation of the Dora Canal. W. M. Haywood, Jr., President of the Tavares City Council, presented a resolution adopted by the City Council opposing the proposed easement with the owner and that the precedent of approximately 150 feet setback be maintained.
The following persons appeared in objection to the easement with Mr. Fountain:
Ray Kemp representing the Tavares Jaycees
William Henderson of Dora Canal Marina
Mrs. Murray, Past President of Federated Garden Clubs
Mrs. Harriet Sears, Tavares Chamber of Commerce President
Mr. George Fountain appeared and stated it is not his intention to destroy the banks of the canal.
Chairman Windram submitted 62 letters and statements from individuals, civic organizations, and others objecting to the easement and one in favor of the proposal.
On a motion by Commr. Carson, seconded by Commr. VanAuken and carried unanimously, the Attorney was directed to proceed with an injunction against the owner to enjoin him from further development and to continue the condemnation proceedings immediately.
Mr. Fountain requested that the easement signed by him and his wife be returned; whereupon, the Clerk returned two copies of the easement to him.
Attorney Duncan advised the County Planner has informed him the Diamond Salvage Company is now complying with the Order of the Court. Chairman Windram emphasized that zoning violators should be vigorously attacked in the future.
planning and zoning
T. S. Bronson and representatives of the Purina Company appeared with reference to Lake County establishing guidelines and standards for the operation of chicken farms. The members concurring, the Chairman asked Mr. Bronson and the Purina representatives to meet with Lake County officials and a representative from Orange County to discuss proposals for new rules and regulations. Mr. Hoskinson will arrange a time which is convenient to all concerned.
On a motion by Commr. Hoskinson, seconded by Commr. VanAuken and carried, a public hearing was authorized for October 13, 1969 to consider an amendment to the Subdivision Regulations establishing fees for the application and processing of subdivision plats.
recess and reassembly
The meeting was recessed for lunch at 12:40 p.m. and reconvened at 1:30 p.m. to take up the remaining items of business.
Mr. and Mrs. L. G. Ruegsegger appeared concerning an easement given to the Oklawaha Water Authority from their property to Haines Creek and asked permission to fill in a ditch which was dug by the County in 1959. Attorney Duncan advised the Oklawaha Authority transferred all easement to the Southwest Florida Water Management District, and permission to close the ditch must be approved by them. The Chairman suggested that the Ruegseggers solve this problem amiably with adjoining owners.
R. W. Allen of Cornelia Avenue, Eustis, appeared and complained of a drainage from Ohio Boulevard onto his property. Chairman Windram said he and the Engineer will investigate this and work something out.
Mr. Hoskinson initiated a discussion regarding title to lake bottoms of landlocked lakes. What happens if the lake goes dry – does the owner of the property around the lake own the lake bottom? Attorney Duncan advised it was intended by the federal government that unless the lake was meandered and showed government lots around the lake, the title to the tract is included, so if the lake goes dry, the owner still is confined to the lines he purchased. If property is on a meandered lake, the mean high water marks are followed. If the water is lowered by natural causes, the line extends to the water line. If drained or lowered by deliberate methods, the water line is not followed.
laws and legislature
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried, the Attorney was authorized to advertise a Special Act to bond Lake County’s share of the race track money in the event the legislature goes back into special session.
resolutions not classified elsewhere
On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried, the following resolution was adopted:
BE IT RESOLVED by the County Commissioners of Lake County, Florida:
That the Holders of licenses, under Section 205.311 entitled “Dance hall, variety exhibitions, etc.” located with Lake County exclusive of the areas within the boundaries of municipalities, shall have the right to sell alcoholic beverages during each of the following days: Tuesday, Wednesday, Thursday, Friday and Saturday between the hours of 12:00 midnight and 2:00 a.m.
The right to sell alcoholic beverages within the hours set forth shall be in addition to the regular hours for the sale of alcoholic beverages as otherwise provided.
No “Package Sales” shall be made by any such establishment between the hours of 12:00 midnight and 2:00 a.m.
BE IT FURTHER RESOLVED that any violation of the provisions of this Resolution shall be punished as provided by law.
This Resolution shall take effect on the 2nd day of September, 1969.
tax assessment – equalization
Commr. VanAuken was instructed to request the Tax Assessor to provide a percentage breakdown of the assessments for the following categories:
2. Citrus – Agriculture
4. Pasture Land
5. Trailer Park and Mobile Home Parks
On a motion by Commr. Macdonell, seconded by Commr. Carson and carried, the Board approved the following changes to the 1969 Assessment Roll:
W. M. Haywood Jr. and S. I. Tubbs – Grove Property in 2/18/14
Reduced from $29,700 to $26,100
Lester L. Knight – E ½ of NW ¼ of SE ¼ in 6/23/24
Reduced from $9,000 to $7,500
Cleveland M. Kuharske – Grove properties in 22/23/24 and 16/23/24
Reduced from $63,700 to $57,700
Richard E. Tool – Grove property in 12/22/24
Copy of resolutions from the Southwest Florida Water Management District to the Tax Assessor certifying millages and description of revenue-producing lands were filed.
Commr. VanAuken informed the Board the increase in the surplus commodity programs necessitates another employee or trusty. He was instructed to contact the Sheriff’s Department in an attempt to recruit more help at the warehouse.
On a motion by Commr. VanAuken, seconded by Commr. Carson and carried, a Special Use application to the United States Forest Service to use the following described sites as sanitary landfills was approved:
Paisley site: SW 1/4, SW ¼, SE ¼, Section 17, Township 17S, Range 28E, 10 acres or less.
Astor site: E ½, S ½, Lot 94, Section 12, in Moses E. Levey Grant, now Manhattan Subdivision, Plat Book 2, Page 2.
roads – county
Engineer Hays requested the Board’s disposition on County Road 5-9026 which has previously been abandoned because a gate was erected across the road. Commr. VanAuken will view the road and report on same.
opinions – legal
At the request of the Sheriff, the Board authorized the Attorney to obtain an opinion from the Attorney General relative to high hazard personnel in the Sheriff’s Department with reference to Occupational Death or Bodily Injury coverage on law enforcement officers in compliance with Chapter 67-408.
Attorney Duncan reported according to the opinion of the Attorney General that it would appear that Hospital Districts created under Special Acts with taxing power prior to the adoption of the new Constitution are not affected in the limitation of the 10 mill tax, except as may be restricted or withdrawn by law.
autos and trucks
Attorney Duncan advised a public sale was held August 18, 1969 at the County Barn on Griffin Road, Leesburg, for one Trailmobile Trailer, and no bids received, the County acquired the trailer through a lien for storage in the amount of $2,094 for the benefit of the Road Department. On a motion by Commr. Carson, seconded by Commr. Macdonell and carried, the Chairman and Clerk were authorized to execute the Bill of Sale.
On the recommendation of the Engineer and on a motion by Commr. Macdonell, seconded by Commr. Hoskinson and carried, bids were authorized for the following equipment to be opened October 6, 1969: 3 Dump Trucks, 3 Pickup Trucks, 1 Suburban, 2 Sedans, 1 Caterpillar Motor Grader, and 1 Caterpillar or International Bulldozer.
contracts and agreements
The contract with Shoup Voting Machine Corporation for the purchase of fifteen (15) voting machines was approved on a motion by Commr. Carson, seconded by Commr. Hoskinson and carried, and the Chairman and Clerk were authorized to execute same.
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried, the Clerk was authorized to pay Willie Chambliss 19 days accumulated sick leave, less $49 he received under Workmen’s Compensation coverage, plus 3 days sick leave for September at the part-time hourly rate. He is then to receive Workmen’s Compensation benefits until released by the doctor.
Clerk Owens informed the Board that the necessary funds for constructing a public crossing over the Seaboard Coast Line tracks at Sorrento have been received, whereupon, on the motion of Commr. Macdonell, seconded by Commr. Carson and carried, the agreement with Seaboard Coast Line Railroad Company was approved and the Chairman and Clerk were authorized to execute same.
Applications to the W. T. Edwards Tuberculosis Hospital were approved on a motion by Commr. Carson, seconded by Commr. Macdonell and carried for Evelyn Smith and James Alex Morrell.
bonds – miscellaneous
Bonds for carrying firearms for Robert L. Perry and Burton F. Neely were approved on a motion by Commr. Hoskinson, seconded by Commr. Carson and carried.
Contractors’ Bond No. 446 insuring William D. Tomlinson was approved on a motion by Commr. Macdonell, seconded by Commr. Carson and carried.
A copy of audit reports for Leesburg General Hospital for fiscal years 1967 and 1968, together with the certified statement of tax funds received and expended were filed.
licenses and permits
The following use permits were filed by the County Engineer:
To Sumter Electric Cooperative, Incorporated, for the construction and maintenance of power distribution line along County Road 4-4480.
To Sumter Electric Cooperative, Incorporated for the construction and maintenance of power distribution line along County Road 3-0660.
Notice from the Florida Telephone Corporation of cancellation of Permit No. 156 to construct and maintain buried cable crossing County Road 4-5876 between State Road 44 and State Road S-44A.
On motion by Commr. Hoskinson, seconded by Commr. VanAuken and carried, the County Planner and County Engineer were appointed to serve as members to the Orange-Seminole-Osceola Planning Commission Technical Coordinating Committee for the Disney Impact Study.
chamber of commerce
Mr. Hoskinson was instructed to work with the Chamber of Commerce personnel relative to preparing a directory listing all the county officials and a summary of the Chamber’s activities at the end of the year.
Mr. Hoskinson was also instructed to contact the telephone company with reference to complaints and changes in the new telephone system for the courthouse complex.
Engineer Hays presented proposed plans from the Department of Transportation relative to the County establishing a bulkhead line at the wayside park on Lake Eustis, which was referred to the Attorney.
A letter from Willard Peebles expressing thanks for a resolution passed by the Board on his behalf was read and filed.
A letter from the Tavares Jaycees concerning a safe swimming area at the recreation park on Lake Eustis was read and filed.
A letter from the Department of Health and Rehabilitative Services regarding the financial problems of County Health Departments was filed.
On the recommendation of the Engineer and on a motion by Commr. Macdonell, seconded by Commr. Hoskinson and carried, the Board approved the purchase of one pump for the sewerage treatment plant at a cost of $511.65.
Travel expenses for the Commission members were approved to attend the State Convention in Hollywood Beach, September 24- 27.
On a motion by Commr. VanAuken, seconded by Commr. Hoskinson and carried, payrolls for the month of August were approved.
The Board approved the procedure for handling clothing allowances for children in foster homes provided paid receipts are turned into the Finance Department the following month on a motion by Commr. Macdonell, seconded by Commr. Hoskinson and carried.
The following monthly reports were filed:
Surplus Commodity Warehouse Supervisor
Florida Division of Corrections regarding Lake County Jail and Stockade
Cigarette Tax collections and distributions for the month of June
Florida State Board of Health Statistical Report
The report of average monthly mileage for Home Economics Agents Marian Valentine, Deborah Boulware, and Alice Blackburn for the month of August were approved on a motion by Commr. Carson, seconded by Commr. Hoskinson and carried.
There being no further business to bring before the Board, the meeting recessed at 5:30 p.m. until 9:00 a.m. September 3, 1969.