MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
MONDAY – December 1, 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, December 1, 1969, at 9:00 o’clock A.M. with the following members present: Commissioner Thomas J. Windram, Chairman; Commissioners James R. Carson, Jr., Vice Chairman; Alex J. Macdonell, J. M. Hoskinson, and Kenneth VanAuken. Others present were Clerk of Circuit Court Frank E. Owens, County Attorney C. E. Duncan, County Engineer Gordon Hays, Jr., County Planner J. C. Watkins and Deputy Clerk Norma H. Coven.
The meeting was called to order by Chairman Windram and the invocation was given by Mr. Hays, after which the Pledge of Allegiance to the Flag was given by all present.
On motion of Commr. Hoskinson, seconded by Commr. VanAuken and carried, the minutes of regular meeting of November 3, 1969 were approved as submitted.
On motion of Commr. Hoskinson, seconded by Commr. Carson and carried, the minutes of the regular meeting of November 10, 1969 were approved as submitted.
e. Central florida regional planning council
Commr. Hoskinson advised that Volusia County is behind in its assessment to the Council for this year. If the dues are paid in full, they may continue as a member but if they do not pay, they will be disqualified.
On recommendation of the Pollution Control Board and on motion of Commr. Carson, seconded by Commr. Hoskinson and carried, the Board confirmed the appointment of Philip R. Edwards to an advisory committee from the Fourth Congressional District, which committee will before the study of pollution under the direction of Representative Bill Chappell.
On recommendation of the Chairman and on motion of Commr. Hoskinson, seconded by Commr. VanAuken and carried, Robert E. Thornburg was appointed to serve as a member of the Board of Examiners.
On recommendation of Mr. Watkins and on motion of Commr. Hoskinson, seconded by Commr. Carson and carried, the Board approved the following changes in the pay plan:
Resignation of Marcella Wells effective December 31, 1969
Employment of Susan Spooner effective December 8, 1969 with a starting salary of $325.00 per month, to be increased in three months to $350.00.
Commr. Hoskinson said he has discussed the changes to the third floor of the Courthouse as requested by the County Judge with the Architect and it has not been determined if the changes are feasible. Will pursue the matter further and also obtain an estimate for the cost of the work.
In discussing the cost of microfilming old records and ones that can be destroyed, Commr. Macdonell remarked that the old Health Department Building is an ideal building to use for the storage of records, and feel this building should be utilized for this purpose. He and Commr. Carson will check with the County Officials relative to space needed for storing records.
Clerk Owens presented letter from Jack Jones, Architect, concerning fee of 6% for architectural services to air condition the Lake Memorial Nursing Home, payable 4-1/2% when the contract is approved and the remaining 1-1/2% from time to time during the construction. On motion of Commr. Carson, seconded by Commr. VanAuken and carried, the Board approved the above quoted fee to Mr. Jones as Architect for the work.
Roads – state
Mayor Rudy Schneider of the City of Eustis appeared before the Board relative to a building that extends into the right of way on SR 44 (Orange Avenue). Mr. Schneider said the Department of Transportation advises tit is the responsibility of the county to remove the building. Attorney Duncan explained the building is within the limits of a dedicated street and is the city’s responsibility, and the City Council should demand that the street be cleared. Mr. Schneider requested Mr. Duncan to discuss this matter with the City Attorney.
Mr. Schneider discussed the school flashing signal at Taylor Avenue and SR 19 in the City of Eustis. Engineer Hays explained the cost of the signal will be paid form Primary Funds and the city will pay the maintenance costs.
Commr. Hoskinson reported the policy and regulation adopted pertaining to poultry ranches appear to be working. Have information from Mack Jones, Extension Agent, of an egg ranch in Groveland which is located in a low marshy area near a lake. The operator is very cooperative and will endeavor to improve the conditions.
Roads – subdivisions
It now being the time advertised to hold a public hearing for the purpose of hearing objections to the Special Assessment Roll prepared by the Tax Collector under the provisions of Chapter 63-1505 for the paving of Lake Dora Circle in Thompson Estates Subdivision, and no one appearing to object to the Special Assessment Roll, a motion was made by Commr. Hoskinson, seconded by Commr. VanAuken and carried, to adopt a resolution approving the Special Assessment Roll and authorizing the Tax Collector to collect the assessments.
Several residents of Thompson Estates were present and asked the Board’s consideration of repairing the road adjacent to Thompson Estates. Engineer Hays explained he has checked into this and there is a 3’ utility easement North of the 50’ right of way being used as a drainage ditch. Mr. Duncan stated that Mr. Messenger can explain the problem. The Board members agreed to look at the road on the next road trip.
Messrs. Schnepper, Fritz and Ladson were present and submitted petition for resurfacing streets in Belle Ayre Estates under authority of Chapter 63-1505. Engineer Hays advised the petition has been signed by 93.18% of the owners and 92.73% of the front footage. The petition also requests that the county take the streets over for maintenance after surfacing. Mr. Hays further stated the streets will not meet the county’s specifications even when resurfaced. Chairman Windram said the members will look at the streets on the next road trip.
Mr. N. C. Robinson of Bassville Park appeared and complained that the developer has closed a dedicated street to the public. He was advised this is a public road and cannot be closed without action of the Board of County Commissioners.
Engineer Hays reported the residents of Bertsville Subdivision on Lake Griffin are desirous of paving the streets under Chapter 63-1505, and they want to know if one-half of the contract price can be raised. Attorney Duncan advised this can be handled under the Act. A view of the streets will be added to the next road trip by the Board members.
Commr. Hoskinson said he has received a request form the Planning Department that two trees in the yard of the Juvenile Shelter be removed. Commr. VanAuken said he will investigate this further.
Commr. Hoskinson asked the status of a relief operator for the regular telephone operator during sickness or vacation. Clerk Owens advised no provisions have been made for such relief. Each office supplies a relief girl one week each month for lunch periods and coffee breaks. Mr. Hoskinson said he will check with the telephone company for an operator who may be available in cases of emergency and vacation periods.
Elections – precincts
Commr. VanAuken stated some of the polling places do not meet the Statutes and will need to review and inspect these places before the next election.
Commr. VanAuken requested the Board’s consideration of a nuisance ordinance. Chairman Windram instructed Mr. VanAuken and Mr. Hoskinson to discuss this further with the County Planner.
The Ordinance authorizing Lake County to Establish and Operate a Garbage Collection and Disposal Service was discussed, and on motion of Commr. Hoskinson, seconded by Commr. Carson and carried, the Board adopted all amendments proposed and placed the Ordinance on third reading to be considered at the next regular meeting.
On motion of Commr. VanAuken, seconded by Commr. Carson and carried, the Board voted not to consider an ordinance concerning dog control at this time.
Recess and reassembly
The Board recessed for lunch at twelve o’clock noon and reconvened at 1:30 o’clock P.M. to take up the remaining items of business.
On motion of Commr. Macdonell, seconded by Commr. Hoskinson and carried, the Board approved a third monthly meeting to be held the third Monday of each month at nine o’clock A.M. effective January 1970. The Board further agreed that the second meeting of the month will be a work session and that no appointments with the public will be made for the second meeting.
Commr. Carson reported he has consulted with The First National Bank of Leesburg concerning the 25 shares of Carpenter Technology Corp. stock donated to the Lake Memorial Nursing Home by Mrs. Lois H. Miller. On motion of Commr. Hoskinson, seconded by Commr. VanAuken, the following action was approved:
RESOLVED, that the following officers, namely, the Chairman and vice Chairman, be and hereby are authorized and empowered to sell, assign and transfer any and all stocks, bonds, evidences of interest and/or indebtedness, rights, and options to acquire or to sell the same, and all other securities, corporate or otherwise, standing in the name of, or belonging to, this Corporation in any capacity.
On motion of Commr. Carson, seconded by Commr. Macdonell and carried, the Board approved the action of the Chairman and Clerk in approving petitions to the W. T. Edwards Tuberculosis Hospital for Willie Jesse Gill and Alonzo Culpepper.
Clerk Owens reported on his findings relative to statement from the Department of Administration for $28,453.98 in matching funds due the State, which involves the Waterman Memorial Hospital. Mr. Owens explained he met with the directors of the Hospital and presented check in the amount of $27,374.23 from the Hospital, which leaves a balance of $1,079.75 to be paid from intangible taxes. On motion of Commr. Macdonell, seconded by Commr. VanAuken and carried, the board accepted the check from Waterman Memorial Hospital in the amount of $27,374.23 and authorized the Clerk to forward same to the State.
Roads – state
Commr. Macdonell presented letter from the Lake County Safety Council calling attention to the dangerous curve located on SR 19, approximately 3/4 of a mile North of the Umatilla city limits. The Attorney was instructed to request the Department of Transportation to make a study of the curve, and if feasible to realign the road right of way to eliminate this curve.
Attorney Duncan informed the Board he discussed the right of way contract on SR 25 with the Department of Transportation and the appraisals will be made by Eddie Waite of Mount Dora. There are only a few small parcels of land to be acquired, and the Department recommends that the contract be singed. On motion of Commr. Carson, seconded by Commr. Hoskinson and carried, a resolution was adopted authorizing the Department of Transportation to acquire the necessary rights of way, borrow pits and easements for that portion of Section 11200, State Road 25, from Polk County Line Northerly to a point in Section 30, Township 22 South, range 26 East. The Chairman and Clerk were authorized to execute the right of way contract o the above described portion of SR 25.
Roads – county
Engineer Hays submitted recommendation to pave and install drain pipe on County Road 3-1837 at an approximate cost of $9300.00. Action on this was deferred for the time being.
Right of way – roads
On recommendation of the County Engineer and on motion of Commr. Hoskinson, seconded by Commr. Carson and carried, the Board accepted and approved dedications to the public for rights of way on County Road 3-0854 as follows:
GRANTORS: Evelyn Bumby, a widow, and John L. Stimpson and Frances L Stimpson
North 33 feet of Northeast quarter of Southeast quarter of Sec. 10, Twp. 23 S., Range 26 E.
GRANTOR: William F. Gercken
North 33 feet of Northwest quarter of Southeast quarter of Sec. 10, Twp. 23 E., Range 26 E.
GRANTOR: Lincoln Groves, Inc.
That portion of the 50 feet right of way lying the SW 1/4 of Sec. 10, Twp. 23 S., range 26 East, Lake County, Florida, and being 25 feet on each side of the centerline more fully described as follows:
Commencing at the Northwest corner of the said SW 1/4 of Sec. 10, Thence South 00°24’03” West, along the West line of the said SW 1/4, a distance of 46.55 feet to the Point of Beginning of the centerline herein described; thence North 89°46’19” East, 1545.03 feet to a point on the East line of the said SW 1/4 at a point 25 feet South of the Northeast corner thereof, and the point of terminus of the said centerline.
Mr. Hays was instructed to notify Silver Sand Company that Lake County approves the construction of County Road 3-0854 to connect to County Road 3-1067, based on the above described dedications and subject to county specifications.
Road and bridge department
On motion of Commr. Hoskinson, seconded by Commr. Carson and carried, the Road and Bridge Department was authorized to furnish five (5) loads of clay to the playground in Mt. Plymouth for the benefit of the children.
Roads – state
Clerk Owens presented Memorandum of Agreement between the County and the Department of Transportation pertaining to the installation of a Flashing School Crossing Light on SR 44-B (Griffin Road) at the entrance to Leesburg Junior High School. Members of the Board concurring, the Chairman referred this matter to the County Engineer.
On motion of Commr. Carson, seconded by Commr. VanAuken and carried, the Chairman and Clerk were authorized to execute deed conveying the following described properties to W. O. Boone:
TUSCANOOGA CLAY PIT: Commence at the North Quarter corner of Sec. 15, Tp. 22 S. R. 24 E, thence run South 400.10 ft.; thence run North 89°32’40” West 835.95 ft. to Point of Beginning; thence run South 21.0 ft., thence run North 89°32’40” East 347.54 ft.; thence run North 43°48’ West 29.32 ft.; thence run South 89°43’40” East 368 feet to the point of beginning, containing .172 acres, and being in Lake County, Florida.
MASCOTTE CLAY PIT: Commence at the NW quarter of the SE 14/ of NW 1/4 of Sec. 15, Tp. 22 S., R. 24 E.; thence run East 417.42 ft.; thence run South 27 ft.; thence run Southwesterly to a point that is 35 ft. South of the Point of Beginning; thence run North 35 ft. to the Point of Beginning, containing .297 acres, and being in Lake County, Florida.
On motion of Commr. VanAuken, seconded by Commr. Carson and carried, the Chairman and Clerk were authorized to execute lease with Ovit Pursley to lease the following described land for land fill purposes:
The East 150 feet of the South 550 feet of the Northeast quarter of the Northeast quarter of the Northeast quarter of Section 10, Twp. 19 South, Range 25 East.
Letter of resignation from Donald B. Taylor resigning as Vice Chairman of the Lake County Safety Council was read and the Clerk was instructed to write a letter of appreciation to Mr. Taylor.
Bonds – misc.
Firearms bonds for the following were approved on motion of Commr. Hoskinson, seconded by Commr. Macdonell and carried:
R. H. Bowen
Ronald F. Carden
Barbara J. Ellis
Russell W. Harned
Melvin L. Williams
On motion of Commr. Macdonell, seconded by Commr. Carson and carried, the following contractors’ bonds for certificates of competency were approved:
Renewals – No. 58-70 Keith B. Davis
106-70 R. G. Pohlman
166-70 Lester G. Butler
438-70 A. M. Skinner
New 465-70 George J. Romanos, d/b/a All Weather Maint. Co.
466-70 Eugene Bays d/b/a Bays Construction Co.
467-70 Ira l. Barbee
468-70 Harold M. Rose
On motion of Commr. Macdonell, seconded by Commr. VanAuken and carried, the Board approved the action of the Vice Chairman in application of the Lake County Economic Opportunity Inc. to provide child care centers to pre-school children born into poverty.
The following Use Permits were filed by the County Engineer:
No. 172 to Florida Telephone Corp. for the construction and maintenance of poles and buried cable paralleling a portion of County Road D-4361 between Old SR 500 and SR 19-A.
No. 175 to Florida Telephone Corp. for the construction and maintenance of buried cable paralleling a portion of County Roads 3-4260 and 3-4461 between Old SR 500 and SR 19-A.
No. 176 to Florida Telephone Corp. for the construction and maintenance of buried cable paralleling a portion of County Road 3-4260 between County Rd. 3-4060 and S.C.L. R.R.
No. 177 to Florida Telephone Corp. for the construction and maintenance of buried cable paralleling a portion of County Road 2-2005 between Sumter County Line and County Road 2-2605.
Laws and legislature
On motion of Commr. VanAuken, seconded by Commr. Carson and carried, a resolution was adopted requesting general legislation to provide a more equitable distribution of tax money received from owners of mobile homes.
The Board discussed the memorandum from the Florida Association of County Health Officers urging the support of legislation to appropriate state funds to relieve local ad valorem taxes from the County Health Department programs. Action on this was deferred pending information of amounts received by the local department from State, Federal and County sources for the budget years 1967-68 and 1968-69.
On recommendation of the Pollution Control Board and on motion of Commr. Carson, seconded by Commr. Hoskinson and carried, Philip R. Edwards was appointed to serve on an advisory committee from the Fourth Congressional District under the direction of Representative Bill Chappell.
The Clerk presented comments of the Lake County Farm Bureau relative to the Lake County Pollution Control Board, with the summary of the recommendations being as follows:
1. The Florida Air and Water Pollution Control Commission rules on Pollution of Air and Water be adopted.
2. The Lake Air and Water Pollution Control Board allow the state to continue its responsibility for Air and Water Pollution Control.
3. The Lake Air and Water Pollution Control board redirect its efforts to serve as an intermediary to officially represent Lake County to the state agency.
In the interest of effective and consistent control give the State the opportunity to perform. If it is unable to do so to the satisfaction of Lake County, the County Pollution board should assume the responsibility.
On recommendation of the County Engineer and on motion of Commr. Carson, seconded by Commr. Hoskinson and carried, the Board declared Galion Rooler, County Inventory no. 1007, not operable and of no benefit to the County.
Planning and zoning
Engineer Hays advised according to the new subdivision regulations the developers must specify on all deeds that the roads within the subdivision will not be maintained by the County unless built to county specifications. On dedications to the property owners, the owners cannot get FHA approval. Have had complaints of this deed restriction. The board did not feel that an amendment to the regulations was in order at this time.
Salaries and wages
Engineer Hays informed the Board of the dissatisfaction of the Road and Bridge employees relative to the present salary schedule – that no provisions were made for an increase in the present fiscal year. No action was taken by the Board.
On motion of Commr. VanAuken, seconded by Commr. Carson and carried, a church group in Umatilla was authorized to store items in the old civil defense portion of the Umatilla barn through March 1970.
After discussing the fines assessed by the County Prosecutor and the cost to the county on suspended sentences, Chairman Windram said he will discuss with the two County judges the feasibility of increasing the fines to take care of the court costs.
Chairman Windram presented a letter from the Department of Community Affairs calling attention to a dilapidated two-story house on SR 44 between Eustis and Leesburg, that the house is a disgrace and should be removed. The Board members concurring, the Chairman referred this matter to the County Planner.
Mr. Stele appeared and complained that the road to his property has been closed. Attorney Duncan advised this private property and Mr. Stele has no alternative but to seek relief through the courts.
Chairman Windram stated he has received complaints from residents on Lake Saunders due to the high water. The water is not high enough to reach the box culvert under Old U.S. 441. Docks are under water but there is no health problem involved. It was the consensus of the Board the County should not get involved that the owners had built their docks too low.
Commr. Macdonell said he has received complaints from residents on Lake Emma and Lake Minnehaha due to the high water. Visited the area personally and will contact the Southwest Florida Water Management District for possible relief for these residents.
Clerk Owens read a letter from George H. DeWitt complaining that the County is not maintaining Fort Mason Drive in Eustis. Commr. VanAuken said he will contact Mr. DeWitt again.
Clerk Owens presented a letter from the South Lake Waterways Club urging that no changes be made in the existing operating levels of the South Lake Chain of Lakes until the construction of the Palatlakaha River basin Project is completed.
Clerk Owens advised it was necessary to increase the fire and extended coverage policy on county buildings as follows:
$111,500.00 to cover the Lake County Health Department Building
7,200.00 to cover the Ferndale Community Building
This action was approved on motion of Commr. Hoskinson, seconded by Commr. Carson and carried.
Funds – transfer
On recommendation of the Clerk and on motion of Commr. Macdonell, seconded by Commr. VanAuken and carried, the Board approved the transfer of $9,422.22 from the General Revenue Fund to the Health Clinic Fund. Said transfer will be on a temporary basis only.
Accounts allowed and refused
On motion of Commr. Hoskinson, seconded by Commr. Carson and carried, the Board approved the payroll for the workers on the election boards at the Special Election November 4, 1969.
On motion of Commr. Hoskinson, seconded by Commr. VanAuken and carried, the Clerk was authorized to pay interest of $1,125.00 to the First National Bank of Mount Dora on auto inspection loan.
Service Agreement from Richard C. Brown to clean the carpet in the Courthouse, Annex and Engineering Building in the amount of $515.55 was approved on motion of Commr. Hoskinson, seconded by Commr. Carson and carried.
Clerk Owens presented letter of explanation from Florida Forms & Systems of Jacksonville, Inc. that an error was made in the quotation on civil action and support dockets in the sum of $89.50 and asked that this amount be added to the quoted price of $369.00. The Board declined to act on this request. The Clerk submitted quotations on County Commissioners’ Minute Book 22, and the low proposal from Florida Forms & Systems of Jacksonville, Inc. in the amount of $44.50 was accepted on motion of Commr. Carson, seconded by Commr. Hoskinson and carried.
On motion of Commr. Carson, seconded by Commr. VanAuken and carried, the Board approved a $50.00 petty cash fund for the Engineer’s Office.
On motion of Commr. VanAuken, seconded by Commr. Hoskinson and carried, payrolls for the month of November were approved.
Copy of letter from the Department of Health and Rehabilitative Services relative to Ballo Thermometer Plant was filed and referred to the County Planner.
Notice from the City of Tavares of zoning hearing on December 3, 1969 to allow for Modular Dwelling Units was read and filed.
Copy of letter from Dr. Frank I. Mangum, Jr., President, Lake County Dental Society, to the Office of Economic Opportunity regarding a year round dental health program for the indigent was read and filed.
Chairman Windram filed material from Hillsborough County relative to A New Approach to Offender Rehabilitation.
The Clerk was instructed to notify all county offices that all long distance calls must be listed on the monthly toll sheet to enable the operator to check the lists against the telephone bills. Any calls not listed will be the responsibility of the person making the call.
There being no further business to bring before the Board, the meeting adjourned at 5:15 o’clock P.M. until December 8, 1969.