MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS
monday – MARCH 1, 1971
The Board of County Commissioners of Lake County, Florida, convened in regular session in the Commissioners’ Room, Courthouse, Tavares, Florida, on Monday, March 1, 1971, at 9:00 o’clock in the forenoon with the following members present: J. M. Hoskinson, Chairman; James R. Carson, Jr., C. A. Deems, Thomas J. Windram and Kenneth VanAuken. Others present were Christopher C. Ford, Attorney; Frank E. Owens, Clerk of the Circuit Court; and Deputy Clerk Norma H. Coven.
The meeting was called to order by the Chairman, and the invocation was given by Mr. Carson, after which the Pledge of Allegiance to the Flag was recited.
resolutions not classified elsewhere
A. B. Marshall representing the Lake County Farm Bureau appeared and announced the week of Mach 7, 1971 will be observed as Farm Safety Week, whereupon, on motion of Commr. Carson seconded by Commr. Windram and carried, a Resolution was adopted calling on the people of Lake County to join in the observance of Farm Safety Week, March 7 – 13, 1971, and urging all families, and those persons and groups serving or allied with agriculture, to use all possible means for minimizing accident losses at work, in homes, at recreation and on public roads.
On motion of Commr. Carson seconded by Commr. Windram and carried, the minutes of the regular meetings of January 11, 1971 and January 25, 1971 and the special meeting of January 13, 1971, were approved as submitted.
road and bridge dept.
Mr. J. F. Goldthorpe appeared and presented drawings of a proposed water control structure on his property near the Wolfe Branch Road, in order to create a lake on his property. Mr. Goldthorpe explained that the original structure was approved by a former Board of County Commissioners, which was sufficient for his purposes until late 1969 when heavy rains washed out the structure as well as the road. The repairs made to the road by the County, without consulting him, nullified his plans inasmuch as the pipes installed under the road are buried 12 to 15 feet deep. Mr. Goldthorpe offered the County two proposals and said he has been working with the former County Engineer R. H. Norton, and Mr. Norton has said he is willing to give his opinion on the proper structure to control the water. The Board agreed to consider Mr. Norton’s written recommendation at the next regular meeting.
It now being the time advertised to receive bids for the purchase of six sections of Bleachers to be installed at the Lake County Fair Grounds, the Chairman directed the Clerk to open and tabulate the bids, whereupon, the Clerk reported receiving the following bid:
Reeves Steel, Inc.
6 Individual sections @ $413.60 per section $2,481.60
6 Sections in one continuous bank @ $391.60 2,349.60
On motion of Commr. Carson, seconded by Commr. VanAuken and carried, the bids were referred to Commr. Windram for study and recommendation.
Later in the day, Mr. Windram reported he consulted with Charles Norris, President of the Lake County Fair Assn., and it is their recommendation to accept the six (6) individual sections totaling $2,481.60, plus installation at a cost of $396, because the sections can be moved and used in more than one place. Whereupon, the bid as recommended was accepted as the best and lowest bid on motion of Commr. Carson, seconded by Commr. Windram and carried.
It now being the time advertised to hold a public hearing to consider a petition to close a public dedicated road, and no one appearing to object to the closing, a motion was made by Commr. Carson, seconded by Commr. Deems and carried, that the Board adopt a Resolution closing the following described street:
That 50-foot wide street lying between Lots 17 and 18 according to Plat of Alex. St. Clair Abrams Subdivision of Lake Joanna Property as recorded in Plat Book 1, Page 58, Public Records of Lake County, Florida.
A tentative hearing scheduled by the Clerk to consider a petition to close a road in Sections 5 and 6, Township 19 S., Range 28 E, and no one appearing to represent the petitioners, no action was taken by the Board.
roads – state and county
During the day representatives from the following municipalities appeared and presented requests for road improvements to be considered for the Department of Transportation Secondary Budget for the years 1971-72 through 1975-76:
City of Clermont – Mayor Don Smith
City Manager Robert M. Hopkins
City of Tavares – City Council President Wm. M. Haywood, Jr.
City Administrator F. W. DeDier
Town of Howey-in-the-Hills - Mayor Flonnie L. Cope
Town Councilman Chester Burdick
Ferndale - George Kleiss
Town of Fruitland Park - Joe Grubb
Written requests from the following municipalities were filed and copies distributed to each Board member for consideration:
Town of Minneola
City of Mount Dora
City of Umatilla
L. C. Farner, owner of Tavares Mobile Home Park, appeared and complained of the unhealthy condition created by the County’s disposal plant and showed a sample of the effluent flowing into Lake Dora. Chairman Hoskinson informed Mr. Farner the Board is aware of the circumstances and assured him steps will be taken to correct them. The Attorney was instructed to review the agreement with Gateway Utility Service, Inc. concerning maintenance of the disposal plant.
Gordon Savage, Jr., Attorney, representing the Lake-Sumter Bar Assn., appeared and requested the Board to provide parking spaces for the lawyers while on business in the Courthouse. The Board advised him the parking problem is already under consideration.
H. D. Pugh appeared and submitted proposal for cleaning and rehanging the drapes in the Courthouse and Annex. Mr. Pugh was instructed to give the Board a proposal for drapes and rods in the new Juvenile Court Complex Building.
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.
planning and zoning
J. C. Watkins, Planning Director, advised the public hearing on rezoning cases was advertised in error for March 25, 1971, including the Conditional Use Permit concerning Wild Kingdom, Inc., but have re-advertised and the hearing will be held March 15, 1971 at 2:00 o’clock in the afternoon.
The Chairman submitted letters of recommendation from the Lake County Pollution Control Board and the State Department of Air and Water Pollution Control concerning the rezoning of the area known as Treasure Island, from Agricultural to Mobile Home Park, to the effect that neither Board is certain that the rezoning will not cause ecological damage or that the project can be accomplished without polluting Lake Griffin.
On motion of Commr. Windram, seconded by Commr. VanAuken and carried, the Board authorized a public hearing for April 19, 171 at 2:00 o’clock in the afternoon to reconsider Rezoning Case No. 78-70-5.
Clerk Owens submitted a letter representing a group of Lake County registered real estate brokers and developers requesting that action on the proposed new Planning and Zoning Regulations be tabled for at least a period of 90 days, in order to give the citizens, developers and real estate brokers an opportunity to digest and speak intelligently on the matter. The letter was referred to the Planning Director.
Clerk Owens presented Notice of Sale to dispose of certain surplus inventory items and submitted offer of $150.00 from Kent A. Arrington for the purchase of County Property #2447, Viking Superior L/P Gas Steam Boiler and same was accepted on motion of Commr. Deems, seconded by Commr. Carson and carried.
No offers being received on County Property #2113, GMC Flat Bed Truck, motion was made by Commr. Carson, seconded by Commr. Deems and carried, instructing the Mosquito Control Director to have the salvage company remove the truck, same having previously been declared surplus and of no value.
Notice from the Mosquito Control Director of inventory items found to be missing was referred to Commr. Deems.
Request from the Tax Collector to dispose of County Property #3331, Harter Steno Chair, because of broken leg, was approved and same was declared surplus and of no value on motion of Commr. VanAuken, seconded by Commr. Windram and carried.
On motion of Commr. Carson, seconded by Commr. Windram and carried, Kurfiss Funeral Home was authorized to release the body of Mary Parker for burial, cost of same not to exceed $200.00.
laws and legislation
Memorandum from the State Association of County Commissioners regarding the effects of the one year repeal of the State’s Sovereign Immunity Statute was referred to the County Attorney; and a Resolution was adopted on motion of Commr. Carson, seconded by Commr. VanAuken and carried, that Lake County opposes the passage of any bill that would again repeal the Sovereign Immunity Statute, with copies of same to be forwarded to the Legislation Delegation.
Paul Milton, Mosquito Control Director and William Elmore, owner and manager of Holiday Mobile Park, appeared concerning trash and garbage collection within the Park. Mr. Elmore said this is a rental park and he makes no charge to the tenants for the service. Mr. Milton stated the equipment operated by Mr. Elmore is superior to some of the equipment used by franchised collectors.
On advice of the County Attorney that this is a private individual collecting on his private property and no charge is being made for the service, a policy should be adopted by the Board regarding this type of operation. On recommendation of the Chairman and on motion of Commr. VanAuken, Commrs. Deems and Windram were appointed to study this phase of trash collecting and be prepared to make recommendations on same within three months and allowing Mr. Elmore to continue his operation for this period of time. The motion was seconded by Commr. Carson and carried.
On recommendation of the Mosquito Control Director that the application of Ward L. Sturdevant for a commercial garbage and trash collector’s franchise be approved provided he acquires compactor type equipment, same was approved on motion of Commr. Windram, seconded by Commr. Carson and carried.
Letter from Les Arnold requesting that Ralph’s Auto Salvage be compelled to remove junk cars from the right of way of SR 500-A and County Road #3-4158, was referred to Mr. Milton.
roads – subdivision
On motion of Commr. Windram, seconded by Commr. Deems and carried, the Board agreed to improve County Road #1-6708, Holly Hill Road, with 6” clay base after which the owner will pave the road to County specifications.
Chairman Hoskinson reported the residents of Tropical Shores are still requesting the County to improve the streets in the subdivision.
roads – county
Commr. Windram reported he replied to Mrs. Schrup’s letter advising her why the access road to her home has not been paved.
Mr. Windram acknowledged receipt of letters from Arthur P. Hutt and A. Ray Best complaining of the paving of South Street, Eustis, and advised he contacted the Pollution Control Board for an opinion and again viewed the location with the Road Superintendent. A change in the drainage has been made which is more suitable to Mr. Hutt and the Pollution Control Board.
The Clerk read a letter from Don Welsh asking to be considered for any county road construction or private street maintenance, adding that he has access to personnel and equipment required to handle small repair jobs.
Affidavits certifying that the following described road has been used as a public road for a period of more than twenty (20) years was referred to Commr. Deems:
A road from the Westerly end of County Road 2-1206 running Northerly across the Northeast quarter of the Southwest quarter of the Southwest quarter of the South half of the Northwest quarter of the Southwest quarter of the Southwest quarter of the North half of the South Half of the Southwest quarter of the Southwest quarter, as access to and beyond: The North half of the Northwest quarter of the Southwest quarter of the Southwest quarter of Section 28, Township 22 South, Range 24 East, containing five (5) acres more or less.
Letter signed by residents of Shockley Heights, Ocala Forest Campsites, asking that the Board consider for maintenance the entrance road into the community, was referred to Commr. VanAuken.
Letter from residents of Grove Lane for the erection of a “Dead End” sign at the junction of Grove Lane and Lake Shore Drive, was referred to Commr. Windram.
roads – state
The Clerk submitted request from the Department of Transportation for a title search on SR S-565-B, Section 11681-1603, together with agreement form to be completed by the title company selected to make the search. Clerk Owens advised Inland Abstract is the title company in line to make the search, and same was approved on motion of Commr. Windram, seconded by Commr. Carson and carried.
On motion of Commr. Windram, seconded by Commr. Deems and carried, agreement between Seaboard Coast Line Railroad Company and Lake County was approved covering the construction of a public crossing at a point 1,533 feet South of Mile Post AS-805 near Leesburg, Florida, and the Chairman and Clerk were authorized to execute same.
The action of the Chairman and Clerk in approving applications to the W. T. Edwards Tuberculosis Hospital for the following was approved on motion of Commr. Deems, seconded by Commr. VanAuken and carried:
William McKinley Brown
Edward Emil Kivela
Mr. Fred Compton appeared and complained of dam built on the East side of Lake Franklin that is causing the water to drain onto other lands. Commr. Windram advised he has investigated this and the Engineer has recommended that a lake level be established and this stretch of the road rebuilt and a pipe installed correcting the drainage problem. The Engineering Department will be instructed to discuss any future plans with Mr. Compton.
On motion of Commr. Deems, seconded by Commr. VanAuken and carried, the Board approved for the Probation and Parole Office personnel to move into the first floor offices to be vacated soon by the Juvenile Court Office, leaving the offices on the fifth floor to be used to the best advantage by Judge Mills and the Court Reporter.
Notice from the Governor advising that the National Rivers and Harbors Congress will be held in Washington, D.C. on March 16-19 and requesting the Chairman of the Board to serve as a delegate representing Florida in the program, was read and filed.
bonds – county
On motion of Commr. VanAuken, seconded by Commr. Windram and carried, the Chairman and Clerk were authorized to sign the specimen sheets showing their signatures, in connection with the Race Track Certificates of Indebtedness.
bonds – misc.
Contractors’ bonds for Certificates of Competency on the following were approved on motion of Commr. Windram, seconded by Commr. VanAuken and carried:
No. 570 – Adolph Hildebrandt
572 – Collins Roofing Company
Bonds for carrying firearms were approved for the following on motion of Commr. VanAuken, seconded by Commr. Carson and carried:
Charles W. Shadwalt
R. Watson Bacon
Hartford Accident and Indemnity Company bond insuring Reuben Lensy Barnes, Deputy Sheriff, was approved on motion of Commr. Deems, seconded by Commr. VanAuken and carried.
Request from the Pollution Control Board to advertise for bids for a new sedan for the Pollution Control Officer was referred to Commr. Carson.
suits affecting county
Attorney Ford reported the Hurley suit was dismissed by the Circuit Judge on the County’s motion.
In regard to the Maguire suit, the railroad company does not have sufficient legal description and more research is necessary to locate a mile post.
On motion of Commr. Windram, seconded by Commr. Deems and carried, J. C. Watkins, Planning Director, was authorized to attend National Conference in New Orleans, March 28-April 1, 1971, with all expenses paid by the East Central Florida Regional Planning Council.
On motion of Commr. VanAuken, seconded by Commr. Windram and carried, travel was approved for the Board members, County Attorney and Planning Director, to attend State Association of County Commissioners Conference in Jacksonville, March 21-23, 1971.
Travel expenses were approved for the Chairman and Board members to attend pollution meeting in Gainesville March 3-4, 1971, on motion of Commr. VanAuken, seconded by Commr. Carson and carried.
Request from the Juvenile Court Counselor for approval of funds to return runaway children to their homes was authorized up to $100.00 per trip, on motion of Commr. Windram, seconded by Commr. Carson and carried.
On motion of Commr. Windram, seconded by Commr. Deems and carried, the Chairman was authorized to have front and rear doors, together with security locks, replaced on the Juvenile Court Complex Building.
Request from the Clerk of Circuit Court to have record books repaired at a cost of $983.00, was approved on motion of Commr. VanAuken, seconded by Commr. Carson and carried.
On motion of Commr. Carson, seconded by Commr. VanAuken and carried, travel was approved for Ted Wicks and C. W. Sheffield to attend State Pollution Control hearing on surface water classifications in Tallahassee, March 4, 1971.
There being no further business to bring before the Board, the meeting adjourned at 4:45 o’clock p.m.