MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS
MONDAY – april 20, 1970
The Board of County Commissioners of Lake County, Florida convened in regular session in the Commissioners’ Room in the Courthouse, Tavares, Florida, on Monday, April 20, 1970, at 9:00 o’clock A.M. with the following members present: James R. Carson, Jr., Chairman; Alex J. Macdonell; J. M. Hoskinson; Thomas J. Windram; and Kenneth VanAuken. Also present were: County Attorney D. 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 delivered by Mr. Hays, after which the Pledge of Allegiance to the Flag was given.
On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried, the minutes of the meeting on April 6, 1970 were approved as corrected.
H. A. Babb was present relative to a complaint registered by J. B. English that the drainage ditch under the railroad and SR 19 connecting two lakes in Umatilla needs cleaning out. Mr. English informed the Clerk that some years ago he gave an easement to the County to maintain the ditch; however, the Clerk’s office has been unable to find a record of the easement. Mr. Babb stated that when he was County Commissioner, the crew maintained the ditch. On a recommendation of the Attorney that a permit will be required from Mr. English for the County to maintain the ditch across his land, the Attorney was instructed to prepare a permit, and Mr. VanAuken will attempt to get same signed by Mr. English.
On a motion by Commr. Macdonell, seconded by Commr. Windram and carried, the Mosquito Control Director was instructed to clean out the ditch between SR 33 and the Groveland High School football field.
On a motion by Commr. Macdonell, seconded by Commr. Hoskinson and carried, the Engineer was instructed to make a survey and install the necessary pipe under County Road #2-2831, South of Howey, to correct a drainage problem.
autos and trucks
The Attorney was instructed to pursue the settlement of the claim involving a County dump truck. The Engineer reported that a check has been received from the insurance company in the amount of $1,181, but the company did not advise the amount allowed for the damages less the salvage value.
On the advice from the Clerk that the amended budget for the Road and Bridge Fund has been accepted and approved by the Comptroller, bids were authorized on two dump trucks for June 1, 1970 on a motion by Commr. Hoskinson, seconded by Commr. Macdonnell and carried.
On a motion by Commr. VanAuken, seconded by Commr. Windram and carried, the Board approved assistance by the road prison crew to plant palm trees on the Fairground property.
road maintenance – subdivisions - assessments
It now being the time advertised to hold a public hearing for the purpose of hearing objections to any of the special assessments for paving streets in Belle Ayre Estates, under the provisions of Chapter 63-1505, Florida Statutes, the Chairman called for interested parties to be heard. There were no objections or complaints, and on a motion by Commr. Hoskinson, seconded by Commr. Windram and carried, a resolution was adopted approving the special assessment roll as prepared by the Tax Collector.
D. T. Larabee was present concerning a petition filed with the Board on March 2nd to close a portion of Mills Ave. in Haines Creek Mobile Home site. Attorney Duncan advised he has reviewed the pleadings correcting the lot numbers, and it is now in order for the Board to consider the petition. On a motion by Commr. VanAuken, seconded by Commr. Macdonnell and carried, a resolution was adopted accepting the petition and authorized a public hearing to be held on May 18, 1970 of the intention to vacate, abandon and close that portion of Mills Avenue North of Lot 93 of Haines Creek Mobile Sites.
roads – county
Commr. VanAuken advised he has received a request for speed limit signs to be erected on roads dedicated to the public in Astor Forest Camp Sites. Will determine how many signs are needed.
Commr. VanAuken discussed the feasibility of repairing the wooden bridge over the easterly leg of County Road #5-8688 in Paisley or installing a large culvert to give the residents access to the lower end of the lake by boat. The Board members agreed to inspect this on the next road trip.
Commr. VanAuken reported he has received a request from L. R. Busk for assistance in repairing roads in Bassville Park. No action was taken by the Board.
Miss Linda Scott, Child Welfare Supervisor of the Division of Family Services, appeared relative to a written request from Elwood Selsor that the Child Welfare Unit Office now located in the Pioneer Building be moved to the second floor of the Lake County Chamber of Commerce Building. Members of the Board concurring, the Chairman referred this matter to Commrs. Hoskinson and VanAuken to investigate and make recommendation to the Board.
Tom Waddell, Chairman of the Lake Soil and Water Conservation District, was present and presented to the Board the 25th Anniversary Report of the District. Mr. Waddell reviewed the accomplishments of the District over the years and the many soil and water conservation problems the District has assisted landowners with on forest, agricultural, pasture, range, and wildlife lands.
On a motion by Commr. Hoskinson, seconded by Commr. VanAuken and carried, the Board approved the removal of Property No. 4158, Dry Chemical Fire Extinguisher, from the inventory records for the reason that same was stolen.
On a motion by Commr. VanAuken, seconded by Commr. Macdonell and carried, the following items were declared obsolete and of no value and removed from the inventory records:
MVI Station – Minneola – Marquette Booster Unit from Property No. 4433 to be replaced by Property No. 4786.
Umatilla Health Dept. – Gas Heater, Property No. 3271; Examining Table, Property No. 3535; Castle Sterilizer, Property No. 3522; Castle Sterilizer, Property No. 3316.
Lake Memorial Nursing Home – Window Fan, Property No. 3113; Shick Electric Razor, Property No. 1463; 4 Pair White Glass Curtains, Property No. None.
roads – county
Engineer Hays reported he has a request to realign the curve on County Road #5-8676. The Board members agreed to inspect this on the next road trip.
On the recommendation of the Engineer, the Clerk was directed to invoice Marion County for maintenance work on county roads in accordance with the contract.
Upon evidence submitted in the form of affidavits signed by three (3) residents of Lake County and on a motion by Commr. Macdonell, seconded by Commr. Hoskinson and carried, a resolution was adopted declaring the following described road a public road by prescription and subject to use by the public:
Commence at the Northeast corner of Section 20, Township 19 South, Range 24 East (said point being the West end of the County maintained road #1-4905); thence run West 1320 feet more or less to the Northeast corner of the NW ¼ of the NE ¼ of said Section 20, Township 18, Range 24 East and end of this centerline.
roads – county
The Clerk submitted affidavits by three (3) residents of Lake County that a certain road located between Sections 31 and 32, Township 18 South, Range 24 East and between Sections 5 and 6, Township 19 South, Range 24 East has been in existence and used by the public for over 20 years, together with a letter stating that the road has been barricaded and fenced off. Chairman Carson requested that action on this be deferred until he can contact the parties involved and until procedures for declaring a road a public road by prescription have been approved by the Board.
right of way – roads
Clerk Owens presented dedication of road right of way known as Oakshade Drive, said dedication being filed and recorded in the public records on November 17, 1969 by Herbert J. and Bertha Dunlop. In order for Mr. Dunlop to sell property adjoining the right of way, the Abstract Company is requiring the Board to accept the right of way as a dedicated road. This matter was referred to Commr. Hoskinson.
It now being the time advertised to hold a public hearing to consider a petition to close a portion of Sylvan Point Drive, and no one appeared to object the closing, a motion was made by Commr. Windram, seconded by Commr. VanAuken and carried that the Board adopt a resolution closing the following described street:
Begin at the most Northwesterly corner of Lot 1, as shown on the Plat of “A Map of Sylvan Shores Point,” in Section 25, Township 19 South, Range 26 East, recorded in the Public Records of Lake County, Florida, in Plat Book 12, Page 41, and run Northwesterly along a line which is the Northwesterly extension of the most Westerly boundary of said Lot 1, to the water of Lake Gertrude to a point designated as Point “A.” Begin again at the point of beginning and run Easterly along the Southern boundary of said street, Sylvan Point Drive, to the waters of Lake Gertrude, thence Northwesterly along the waters of Lake Gertrude to Point “A.”
elections – special
Dr. Clyde Stevens, Mr. Paul Bryan and Attorney Roy Christopher appeared and presented a resolution adopted by the Board of Public Instruction directing the Board of County Commissioners to call a district millage election on the 9th day of June, 1970 for the purpose of authorizing a levy of 1.3 mills in excess of 10 mills for a period not to exceed two years thereafter, that all costs of said district millage election shall be borne by the Board of Public Instruction of Lake County.
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried, the following resolution was adopted:
WHEREAS, it has come to the attention of the Board of County Commissioners of Lake County that by Resolution dated April 14, 1970, the School Board of Lake County has directed this Board to call a District School Millage Election, all pursuant to the authority of Chapter 236.32 Florida Statutes, and
WHEREAS, it appears that the questions to be voted upon in said election are to wit:
Whether an additional three tenths (.3) mill may be levied for support of the Lake Sumter Junior College.
Whether an additional one (1) mil may be levied to provide for improvement and renovation of school buildings to provide and replace air conditioning;
Such questions to be submitted to the freeholders of the Lake County School District on Tuesday, June 9, 1970.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that it does hereby call a District School Millage election to be held on Tuesday, June 9, 1970, at which time the freeholders of said County shall be asked to consider the following questions, to wit:
Whether an additional three tenths (.3) mill may be levied for support of the Lake Sumter Junior College.
Whether an additional one (1) mil may be levied to provide for improvement and renovation of school buildings to provide and replace aid conditioning;
IT IS FURTHER RESOLVED that all the cost of said election be at the expense of the School Board of Lake County as provided by law.
IT IS FURTHER RESOLVED that notice of said election be published by this Board pursuant to the Statutes.
IT IS FURTHER RESOLVED that a copy of this Resolution be tendered by this Board to the School Board of Lake County and the Supervisor of Elections of Lake County.
Clerk Owens presented a copy of the Interlocutory Order filed in the Law Case No. 7351, Lake County vs. Vickers, Fountain, et al requiring the attorneys for the respective parties to schedule a hearing before the Court to consider the Motion to Dissolve Temporary Injunction, Motion to Dismiss Petition, and Motion for Order of Taking. No action was taken on this matter by the Board.
recess and reassembly
The Board recessed for lunch at twelve o’clock noon and reconvened at 1:30 p.m. to take up the remaining items of business.
It now being the time advertised to hold a public hearing to consider a petition to close a street or alleyway in Francis J. Hinson’s Subdivision in Altoona, and no one appearing to object to the closing, on a motion by Commr. VanAuken, seconded by Commr. Macdonell and carried, a resolution was adopted closing the following described street:
Commencing at a concrete monument placed at the edge of State Road No. 19, run North 71 ̊ 47’ West 67.15 feet to a concrete monument, thence run Northerly a distance of 16.2 feet to the edge of an alleyway and fence, thence run South 71̊ 47’ East 67.15 feet to the edge of State Road 19 and run thence Southerly 16.2 feet to a concrete monument and point of beginning for this description, according to the Map of Survey of Lots “H” and “I” and the South ½ of “G,” according to the Plan of Francis J. Hinson’s Subdivision to Altoona, Florida and according to the plat thereof recorded in Plat Book 1, page 29, of the Public Records of Lake County, Florida.
On a motion by Commr. VanAuken, seconded by Commr. Windram and carried, the Board approved duplicate Tax Sale Certificate No. 435 dated June 1, 1969 in the sum of $12.76 to M. B. O’Kelley, Jr. covering the following described property:
Lots 29 and 30, Blk. 16, North Umatilla, Florida
Clerk Owens presented a report from the Florida Inspection and Rating Bureau covering recommended improvements to certain county buildings in connection with fire and extended coverage insurance. The Clerk was instructed to notify the Bureau the fire extinguishers in the Mosquito Control Building will be recharged or replaced, and correction of the electrical equipment in the Pioneer Building and temporary type heaters in the District No. 1 Barn will be considered.
salaries and wages
On the recommendation of the Board of Visitors and on a motion by Commr. Macdonell, seconded by Commr. Windram and carried, the Board approved a salary increase to $5,500 annually for Mr. and Mrs. Boyd, Assistant Superintendent and Matron at the Juvenile Shelter effective April 1, 1970.
Gene Smith of Triangle Metal & Paper Salvage Co. and I. Z. Middleman of David Joseph Company of Tampa appeared relative to removing junk cars from county rights of way as well as from private property. Mr. Smith explained his proposal is to tag all the cars and give the owners the opportunity to bring the cars in. Will pay $4 per car with motor and $8 with motor and radiator. The Board should designate disposal areas throughout the county that are easily accessible and where burning will be allowed. Will charge a $6 fee to go out and bring a car in and will dispose of tires at no expense to the county. Attorney Duncan advised the Board will need special dispensation from the State Pollution Control Board in order to authorize burning in certain areas. The State Board rules do allow for exceptions. He was instructed to contact the State Pollution Control Board regarding the exceptions allowed with reference to burning in dumps and landfill sites.
The Clerk presented a letter from the Forest Service relative to proposed land exchange with Mrs. Grace Parker in the National Forest. On a motion by Commr. Windram, seconded by Commr. Macdonell and carried, the Board agreed to the exchange.
On the recommendation of the Planning Director and on a motion by Commr. Hoskinson, seconded by Commr. VanAuken and carried, the Board approved a part-time Clerk in the Planning Department effective May 1, 1970 at an annual salary of $2,100.00.
motor vehicle inspection
Clerk Owens presented a letter from the Department of Highway Safety and Motor Vehicles that the hours recommended for the inspection stations are permissible.
bonds – misc.
On a motion by Commr. Windram, seconded by Commr. Macdonell and carried, the following bonds for carrying firearms were approved:
Maurice E. Hindman
Contractors’ bonds for Certificates of Competency were approved for the following on a motion by Commr. Hoskinson, seconded by Commr. VanAuken and carried:
No. 172 (Renewal) Fred Byerlee
214 (Renewal) Barto H. Smith dba Lake Plumbing & Appliance
496 (New) Aubrey M. Long
497 (New) H. A. Youngblood & Sons
498 (New) Bert R. Moore
499 (New) Charles Randolph Cunningham
500 (New) John R. Conner and Gold Seal Pools, Inc.
381 (Cancel) Sherman Walker Jr. & Robert Walker dba Walker Custom Pools
On a motion by Commr. VanAuken, seconded by Commr. Windram and carried, the Board approved the action of the Chairman and Clerk in approving application to the W. T. Edwards Tuberculosis Hospital for Jack Arthur Pearson.
licenses and permits
The following Use Permits were filed by the County Engineer and same were approved on a motion by Commr. Macdonell, seconded by Commr. Windram and carried:
No. 209 to Florida Telephone Corp. for the construction and maintenance of buried cable paralleling and crossing CR 3-2044 between US 27 and CR #3-1947.
No. 210 to Florida Telephone Corp. for the construction and maintenance of buried cable crossing CR #1-5306 between SR 468 and SR 25A.
No. 211 to Florida Telephone Corp. for the construction and maintenance of buried cable paralleling CR #1-6304 between SR 466 and Spring Lake.
No. 212 to Florida Telephone Corp. for the construction and maintenance of buried cable crossing CR #1-5907 between Fruitland Park and SR S-25A.
To Marvin E. Batt for the construction and maintenance of water line across CR #1-5007 between SR 468 and CR #1-5108.
To Talmadge Etheridge for the construction and maintenance of sewer pipe across CR #5-5437 between CR #5-6034 and SR 44.
commodity warehouse supervisor
A request from the Surplus Commodity Warehouse Supervisor for equipment to adequately store commodities was referred to the Chairman.
resolutions not classified elsewhere
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried, the Board adopted a resolution requesting the National Aeronautics and Space Administration to designate Cape Kennedy as the operational base for the space shuttle system.
A letter from the Office of the Governor relative to Emergency Preparedness Programs was referred to the Civil Defense Coordinator.
Cecil Theus appeared relative to a proposed exchange of land with the County for roadway purposes, and on a motion by Commr. Macdonell, seconded by Commr. Hoskinson and carried, a resolution was adopted declaring the following described tract of land surplus and of no use to Lake County:
The North 500 feet of the East 210 feet of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 3, Township 20 South, Range 24 East;
and, WHEREAS, Cecil C. Theus and wife, Helen P. Theus, are the owners of the North 25 feet of the following described properties:
The West 700 feet of the Southwest quarter of the Northeast quarter of Section 3, Township 20 South, Range 24 East; and
The Southeast quarter of the Northwest quarter of Section 3, Township 20 South, Range 24 East,
and notice published of the proposed exchange of properties requiring all parties interested to file objections, if any, at or before 10:00 in the aforenoon on the 1st day of June, 1970.
autos and trucks
Clerk Owens advised that there are two junk cars and one truck stored at the Mascotte Barn, and Bill Pennington is interested in buying same. He was instructed to request Mr. Pennington to submit a price for the cars and truck.
The Clerk was directed to notify all departments that the Board will receive budget requests for 1970-71 on May 18, 1970 at 4:00 p.m. and that a hearing on the requests will be held at a later date.
On a motion by Commr. Macdonell, seconded by Commr. Hoskinson and carried, the Board approved the lease agreement with the City of Clermont for the County to lease and operate the city-owned garbage dump, subject to the inclusion of the proper legal description.
laws and legislation
Attorney Duncan presented a letter from Representative Gus Craig in which he advised the House has recently passed a bill increasing the penalty for game and fish poachers.
Attorney Duncan reported that Chapter 317.831, Florida Statutes, provides that any person damaging state or county highways shall be liable for the damage.
Attorney Duncan reported Mr. Estes is no longer connected with the Florida Land Sales Board, and the Clerk was instructed to request Mr. Lowell Steve, Director of the Florida Land Sales Board, or a representative appear before the Board on May 4, 1970 to discuss land sale development in Lake County.
Chairman Carson referred a letter from Orange County concerning development and zoning in the Disney World impact area to the Planning Director.
A letter from the City of Tavares enclosing a petition from residents of Tiki Village relative to the unsightly conditions of property between SR 19 and the mobile park was read, and the Clerk was instructed to notify the City this property does not come under the jurisdiction of the County.
A resolution from Sumter County requesting the Governor to declare the Big Prairie a disaster area due to flooding conditions was read and filed.
reports – official
Report of Receipts. Expenses and Net Income from the Judge of the Small Claims Court for the year ending December 31, 1969 was filed and made a part of these minutes.
County Finances and Fee Officers Report for 1969 compiled by the State Comptroller was filed, and the Clerk was instructed to request copies of same for the Board members.
The filing monthly reports were filed:
Cigarette Tax Collections and Distributions for February 1970
Division of Corrections regarding Lake County Jail and Stockade
Welfare Director for February and March
On a motion by Commr. Macdonell, seconded by Commr. Windram and carried, the Board accepted a check from the Town of Howey in the sum of $4,100 to cover reimbursement for maintenance work on streets located within the Town, said work to be done by the Maintenance Crew.
funds – transfers
On a motion by Commr. Macdonell, seconded by Commr. Windram and carried, the Clerk was authorized to make the following fund transfers:
General Revenue Fund (Juvenile) $375 from Acct. #56822, Maintenance of Buildings to Acct. #56802-2, Salary Assistant Superintendent.
General Revenue Fund (Planning) $1,000 from Acct. #67745-1, Contracted Services, Planning Expense, to Acct. #67602-4, Salaries Secretary.
On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried, the Board approved travel expenses for the County Attorney to travel to Tallahassee on County business.
The low proposal for painting the outside areas and pump houses at the Motor Vehicle Inspection Stations was accepted from Frank Ramsey in the amount of $292.50 on a motion by Commr. Windram, seconded by Commr. Macdonell and carried, provided polyurethane or acrylic paint is used.
On the recommendation of the Engineer and on a motion by Commr. Macdonell, seconded by Commr. Windram and carried, the Board approved payment of $20 to Don Sikes, Winter Garden, Florida, for paint repair to his automobile which was damaged by an attendant at the Motor Vehicle Inspection station. Two estimates of repair were filed, both in the amount of $20.00.
On the recommendation of the Engineer and on a motion by Commr. Hoskinson, seconded by Commr. Windram and carried, the Board approved Chairman Carson as the authorized purchaser of inspection certificates for Lake County.
There being no further business to bring before the Board, the meeting adjourned at 4:45 P.M.