MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS
monday – may 10, 1971
A regular meeting of the Board of County Commissioners of Lake County, Florida, was held in the Commissioners’ Room, Courthouse, Tavares, Florida, on Monday, May 10, 1971, at 9:00 a.m. with the following members in attendance: J. M. Hoskinson, Chairman; C. A. Deems; James R. Carson, Jr.; Thomas J. Windram; and Kenneth VanAuken. Others present were: Christopher C. Ford, County Attorney; Fred M. Harpster, County Engineer; J. C. Watkins, Planning Director; Philip R. Edwards, Pollution Control Officer; Frank E. Owens, Clerk of the Circuit Court; and Norma H. Coven, Deputy Clerk.
The meeting was called to order by the Chairman and the invocation was given by Mr. Watkins, after which the Pledge of Allegiance to the Flag was recited.
State agencies
Ed Zagar and Harold Moody of the Game and Fresh Water Fish Commission appeared and reported the Commission has contracted for the removal of hyacinths from the St. Johns River by mechanical means, and requested the County’s cooperation in providing access road to the location where the machine will be operating. The Engineer was instructed to determine what will be necessary to provide the road.
Contracts and agreements
On recommendation of the Planning Director and on motion of Commr. Carson, seconded by Commr. Windram and carried, contract with Schweizer Associates of the Environmental Design Group was extended to June 14, 1971 to allow for the inclusion of data analysis by the Consultant and staff of the Lake County Planning Department.
Road and bridge department
On motion of Commr. Carson, seconded by Commr. Windram and carried, the Road and Bridge Department was authorized to provide a grader operator to improve the athletic field at the Lake Sumter Community College, for the benefit of the public.
Roads – state
On motion of Commr. Windram, seconded by Commr. Carson and carried, a resolution was adopted requesting the Department of Transportation to make a traffic study for the purpose of installing a traffic light at the entrance at the west end of the Golden Triangle Shopping Center and Old State Road 500.
On motion of Commr. Windram, seconded by Commr. VanAuken and carried, a resolution was adopted requesting the Department of Transportation to restore the parking on both sides of State Road 44 (Orange Avenue) in Eustis from Bay Street to Eustis Street.
indigents
On motion of Commr. Windram, seconded by Commr. Deems and carried, the following changes were approved to the present indigent list:
District No. 1, 2, and 5 – No change
District No. 3 – Increase Daisy Mae Davis to $30.00
District No. 4 – Add Emma Jean Brown - $40.00
public health
It now being the time advertised to hold a public hearing to determine whether or not a public nuisance exists as established under County Ordinance 70-1 or any other Lake County rules, regulations and ordinances, the Chairman called for interested persons to be heard.
The following cases were called for hearing and no one appeared representing the property owners and/or occupant, a motion was made by Commr. Carson, seconded by Commr. VanAuken and carried, that the owners are in violation of County Ordinance 70-1 and that same is declared a public nuisance, and appropriate action authorized:
Case No. 71-40 Alberta Allen
71-41 Edward Allen
71-44 Marie N. Ansley and O. L. Ansley
71-49 Mitchell A. Baker
71-50 John F. Baumgartner
71-64 Shirley F. Davis
71-71 B. Y. Free, Sr. (deceased)
71-78 A. E. Gordley
71-84 Romey B. Harbor (sold to Robert Bradley)
71-85 R. Dianne Burlingham
On motion of Commr. Windram, seconded by Commr. VanAuken and carried, the following cases were declared in violation of County Ordinance 70-1 and the properties involved determined to be a public nuisance, and appropriate action was authorized:
Case No. 71-91 R. W. Hollinghead
71-94 Thomas Ivey
71-95 Willie Lee Ivey
71-104 Virginia McMillan
71-14 Lucile Godfrey Heirs
71-107 Ponnie W. Maund
71-108 Dudley B. Meyers, Sr.
71-110 Mount Plymouth Manor, Inc.
71-27 Mamie A. Alsobrook
71-116 Hattie E. Rogers, Estate
71-120 Gilbert St. John
71-121 Lawrence G. Sanders
71-129 John A. Verkuilen
71-131 Chester E. White
On recommendation of the Planning Director and on motion of Commr. Windram, seconded by Commr. Carson and carried, Helen and/or Edward B. Coffie, Case No. 71-60, were declared not in violation of the Ordinance and at the present time no public nuisance exists.
Case No. 71-42, Nathaniel and Gussie Allen – Gussie Allen appeared and advised that they are in the process of cleaning up the property. Commr. Windram moved that a public nuisance does exist at this time, but will allow the owners until July 1, 1971 to complete the clean-up program. The motion was seconded by Commr. VanAuken and carried.
Case No. 71-43, Nathaniel Allen, Jr. – Mr. Allen appeared and advised he has removed most of the junk from the property, but someone else is using the property to dump cans and bottles. He was informed to sign a complaint against the offending party. On motion of Commr. Carson, seconded by Commr. Deems and carried, Mr. Allen was found to be in violation of the Ordinance, but will allow him until July 1, 1971 to clean up the property.
Case No. 71-51, Zudie Brown – Mrs. Brown and Wilbur W. Brown appeared and stated she would like to have the house demolished and salvage the materials to use on her present home. On motion of Commr. VanAuken, seconded by Commr. Deems and carried, Mrs. Brown was found to be in violation of the Ordinance, and she was allowed until July 1, 1971 to have the house removed. The County will assist her in locating a person to remove the house.
Case No. 71-61, Owen W. Conner – Mr. Conner appeared and advised he has contracted with a party from DeLand to remove the junk cars because he has had equipment problems. On motion of Commr. Carson, seconded by Commr. Deems and carried, Mr. Conner was found to be in violation of the Ordinance, and he was allowed until July 1, 1971 to remove the junk cars.
Case No. 71-62, Julian L. Davis – Mr. Davis appeared and reported the car has been removed, and the old refrigerator is a spare he uses in his garage. On motion of Commr. Carson, seconded by Commr. VanAuken and carried, the Code Enforcement Officer was instructed to make another inspection of the property and if same has been cleaned up, this case will be considered closed.
Case No. 71-34, Herschel M. Crosthwait – Mr. Crosthwait appeared and stated the building has a good foundation and it is his intention to replace the windows and doors. Have contacted a contractor to make improvements, but he cannot get to the job until January. On motion of Commr. Carson, seconded by Commr. VanAuken and carried, the property was declared a public nuisance and the owner required to remove the furniture from the house, board up the windows and doors, and clean up the yard, all within 30 days; further, if the house is not rehabilitated by January, the building will be destroyed.
Case No. 71-66, Richmond Dukes – Ruby Dukes appeared and reported the buildings have been removed; whereupon, on motion of Commr. Windram, seconded by Commr. Deems and carried, it was determined that no public nuisance existed, and the Code Enforcement Officer was instructed to make another inspection.
Case No. 70-23, Robert E. Field – Mr. Field was present and the Planning Director informed the Board that Mr. Field has asked for a change of zoning which was denied. He operates a repair shop for automobiles and motorcycles on the property. No junk cars on the property. This is a rural area with modest frame homes, only evidence is the storage of motorcycle parts. On motion of Commr. Carson, seconded by Commr. VanAuken and carried, it was determined that no public nuisance exists, and the inspector was directed to make sure the parts are properly stored and the junk removed.
Case No. 71-74, W. K. Galbreath – Mr. Galbreath appeared and reported the junk cars and bus have been removed from the property. On recommendation of the Planning Director and on motion of Commr. Windram, seconded by Commr. VanAuken and carried, it was determined that no public nuisance exists as the owner has complied with the Ordinance.
Case No. 71-86, Hartsock Lumber Company – Robert Hartsock appeared and said he has a tractor and trailer parked on the property. Mr. Watkins informed the Board the violation is the storage of building materials in a residential zone. Mr. Hartsock is in violation of the zoning regulations as well as County Ordinance 70-1. Mr. Hartsock agreed to remove the building materials; whereupon, on motion of Commr. Carson, seconded by Commr. Deems and carried, the property was declared a public nuisance, and the owner was allowed until July 1, 1971 to correct the problem.
Case No. 71-87, Tom Hatcher – Mr. Hatcher appeared and stated he is a former junk man and became ill and could not remove the cars, and have been unable to hire someone to move the cars. On motion of Commr. Windram, seconded by Commr. VanAuken and carried, this case was declared a public nuisance, and the owner was allowed until July 1, 1971 to correct the problem.
Case No. 71-100, Glen A. LaRoe – Mr. LaRoe appeared and advised this is an abandoned county clay pit. It will be a tremendous expense to cover the pit and have permission from the Pollution Control Board to burn, but conditions have not been right. Signs have been posted that no more dumping is allowed. On motion of Commr. Carson, seconded by Commr. Deems and carried, Case No. 71-100 was tabled at this time because the Board feels some responsibility in the condition of this property.
E. C. Simmons appeared and objected to the Board’s action, stating the property is definitely a nuisance. The Chairman explained to Mr. Simmons it is the Board’s intention to have the Mosquito Control Department work with Mr. LaRoe in correcting the problem.
Case No. 71-126, V. S. Strickland – Mr. Strickland appeared and advised this is rental property and he has personally corrected one violation and has instructed the tenants not to bring in any more junk and to clean up the property. On motion of Commr. Deems, seconded by Commr. VanAuken and carried, it was determined this is a public nuisance, and Mr. Strickland was allowed until July 1, 1971 to correct the problem.
Case No. 71-132, Wallace R. Wiley, Jr. – Mr. Wiley appeared and said some of the junk has been removed and he has brush piled up to keep cows belonging to an adjoining property owner off his property. Will continue to clean up the property. On motion of Commr. Deems, seconded by Commr. VanAuken and carried, Case No. 71-132 was tabled.
Case No. 71-12, Jessie L. McCoy and/or Frank Wallace – Robert A. Stebbins, Attorney, appeared representing Mrs. McCoy and advised the problem has been corrected with the exception of one car owned by her son. On motion of Commr. Windram, seconded by Commr. Deems and carried, this was determined to be a public nuisance and the owner was given until July 1, 1971 to correct same.
recess and reassembly
The meeting recessed for lunch at 12:30 p.m. and reconvened at 2:15 p.m. to take up the remaining items of business.
Public health – cont’d
On recommendation of the Planning Director and on motion of Commr. Carson, seconded by Commr. VanAuken and carried, the Board adopted the Notice of Violation as the formal notice to persons who are in violation of County Ordinance 70-1, and approved personal service of same by the Sheriff’s Department. It was determined that the public hearing regarding the violations will be heard on the third meeting of each month after the zoning hearing.
county employees
On recommendation of the Planning Director and on motion of Commr. Carson, seconded by Commr. Windram and carried, William J. Henderson was transferred from the Mosquito Control Department to the position of Code Enforcement Officer, under the direction and supervision of the Planning Director, who will have the responsibility of tagging and reporting violations under County Ordinance 70-1.
Suits affecting county
Attorney Ford presented a letter from the Soap and Detergent Association in which they advise the Association intends to contribute to the support of two graduate students for research projects in Lake County. There will be no cost to the County for the research. The Attorney recommended that the Pollution Control Officer be allowed to further his education under this program. Mr. Ford also submitted a copy of Consent Judgment as prepared by the Plaintiffs, and with the Pollution Control Officer concurring, the Board accepted the recommendations of the County Attorney and instructed him to enter into the Consent Judgment, on motion of Commr. Windram, seconded by Commr. Deems and unanimously carried.
Attorney Ford presented the following proposal as a settlement in the Dora Canal suit concerning the parcel owned by the Fountains:
1. Lake County will pay $12,500.00 for 110 feet from the center of the canal for damages to the defendants’ land, within 20 days from date of the Consent Judgment.
2. Lake County will furnish 15,000 yards of fill dirt to the defendants’ property adjacent to the canal within six months.
3. If the fill dirt is not delivered within six months, the defendants can dredge on the Westerly 30 feet.
4. Defendants will dredge a 50’ lagoon and place fill there from on the east side of the lagoon to encourage new growth on the property taken by the County.
5. Lake County will pay defendants’ attorneys’ fees within 20 days from date of the Consent Judgment.
W. B. Hunter, Attorney for the defendants, was present and stated the proposal is acceptable; whereupon, on motion of Commr. Windram, seconded by Commr. Carson and unanimously carried, the Board accepted the proposal and instructed the Attorney to enter into the Consent Judgment accordingly.
On recommendation of the Chairman, the Attorney was instructed to pursue Civil Case No. 7146 filed by Wilkerson involving a public road.
planning and zoning
It being the time advertised to consider Conditional Use Permit No. 180-5, Silver Sand Company of Leesburg, Inc., Mr. Watkins presented a letter from the applicant requesting that the hearing be postponed due to labor disorders, and recommended that the hearing be postponed until a later date. Commr. Carson moved that the request be granted and the hearing be scheduled for July 19, 1971 at 3:30 p.m. The motion was seconded by Commr. Deems with the remaining members voting as follows:
Commr. VanAuken – Nay
Commr. Windram – Nay
Chairman Hoskinson – Nay
The Chairman declared the motion did not carry.
Mr. Pat Lester representing Silver Sand Company appeared and advised Mr. Marshall has been working 20 hours a day due to the strike trying to avoid trouble and violence, and as a result he is not prepared to present his case at this time. On motion of Commr. Windram, seconded by Commr. VanAuken and carried, a postponement was granted until June 21, 1971 at 2:30 p.m.
roads – subdivision
Harry Mielke appeared concerning 300’ extension on Vincent Drive in Golden Heights Subdivision, and asked if the County will consider maintenance of same if built to County specifications. On motion of Commr. Deems, seconded by Commr. Carson and carried, the Board agreed to accept the road for maintenance when built to County specifications.
Mr. Mielke was instructed to contact the County Engineer with reference to resurfacing Highland Drive (County #4-5569) in Rolling Acres.
roads – county
Commr. Deems reported on the access road controversy east of Villa City Road. The apparent cause of the conflict is an unrecorded plat. Have recommended to the residents that injunction is the only course open to them if they cannot negotiate, as the County has no responsibility in this case.
Road and bridge department
Commr. VanAuken reported on destructive and dangerous fires in District 5, and asked if County equipment could be used in the event of an emergency. Chairman Hoskinson said the Forest Service is paid to go to unincorporated areas. Mr. Watkins pointed out the Board would have to declare an emergency does exist within 48 hours before County equipment could be used.
inventory
On motion of Commr. Deems, seconded by Commr. Windram and carried, action was approved to dispose of inventory items as follows:
Transfer from Mosquito Control to the District 5 Barn:
County No. 2364 – Conference Chair
2365 – Conference Chair
2366 – Conference Chair
2373 – Conference Chair
2374 – Conference Chair
3304 – Straight Chair
2277 – Typewriter Table
Declared surplus and of no value and donate to the Lake County Vocational Technical Center:
County No. 3016 – Smith Corona Adding Machine
Items lost or stolen and remove from inventory:
County No. 3839 – Walker Hydraulic Jack
4573 – B & G hand sprayer with hose and nozzle
elections
Requests from the Leesburg High School and Tavares High School for use of voting machines in school elections were approved on motion of Commr. Deems, seconded by Commr. Windram and carried, with transportation costs being paid by the schools.
bonds – misc.
On motion of Commr. Carson, seconded by Commr. VanAuken and carried, bonds for carrying firearms for the following were approved:
James B. Daugherty (2)
Robert McVittie
J. H. Alexander
laws and legislature
The Clerk was instructed to advise the Legislative Delegation that the Board is opposed to the repeal of the 1925 Act concerning the ownership of the bottoms of Lake Harris and Lake Griffin.
Chairman Hoskinson reported the State Association advises that the new Home Rule Bill became a law on May 5, 1971, Chapter 71-14 (House Bill 693).
accounts allowed
On motion of Commr. Carson, seconded by Commr. VanAuken and carried, the Board approved the following:
Payment of $925.00 to correct conditions at the Courthouse sewage treatment plant; $385.00 to Gateway Utilities, and $540.00 to three different outfits for pumping.
Payment of $240.66 for Pollution Control Board; $121.22 to Shader Bros. for two legal file cabinets, and $119.44 to Arthur H. Thomas Co. for lab equipment.
Payment of $397.50 to Tumor Clinic in Orlando for Lake County patients for March and April, if Mrs. Eastwood cannot negotiate for a lesser amount.
Payment of $8,588.86 to Game & Fresh Water Fish Commission in accordance with seine haul agreement dated September 25, 1970.
Payment of $2,083.33 to Lake County Chamber of Commerce as requested for May allotment.
Payment of $31,833.25 to Tax Collector, for commissions on taxes collected.
Travel expenses for County Engineer to attend Florida Engineering Society Annual Meeting in Miami on May 21-23.
Payment of $89.50 to George Stuart, Inc. for Smith Corona Adding Machine for the Agricultural Center.
Payment of $162.00 to Ruser Floor Service to refinish stage floor and steps in Ag Center Auditorium.
Payment of $166.50 to Unitron Instrument Co. for Steroscopic Microscope, and one pair eyepieces for the Ag Center.
Payment of $45.10 to Florida Forms & Systems for County Commissioners’ Minute Book No. 23.
Payment of $404.00 to National Cash Register Co. to thoroughly overhaul cash register in the Clerk’s Office.
Payment of $345.00 for Frieden Calculator for the Pollution Control Board.
Payment of $3,815.00 to Duncan & Ford for miscellaneous legal fees.
Payment of $933.00 to Clerk of the Circuit Court for charges on appeal case, Jesse Daniels vs. State, Criminal Case #2184.
Payment of $12,500.00 to defendants in Dora Canal Suit #7351 when Court Order is entered.
On motion of Commr. Carson, seconded by Commr. Deems and carried, a resolution was adopted authorizing emergency repairs to the following equipment:
County #1023 Catpillar Grader, Ring Power Corp. - $1,787.95
County #1063 Catpillar Grader, Ring Power Corp. - $1,971.38
County #2502 Galion Grader, State Tractor & Equip. - $1,418.53
County #1084 Bucyrus Erie Shovel, Tampa Equip. - $1,634.85
On motion of Commr. Windram, seconded by Commr. Deems and carried, the following vouchers were approved for payment:
General Revenue Fund Nos. 1453-1686
State I 32-36
State II 41-45
Motor Vehicle Inspection 136-163
Fine and Forfeiture Fund 159-183
Road and Bridge Fund 509-599
Capital Outlay Reserve, County Buildings 0
Northeast Lake County Hospital District 5
Northeast Lake County Hospital Ambulance 10-11
Northwest Lake County Hospital Ambulance 10-11
Fish Conservation 5-7
On motion by Commr. Carson, seconded by Commr. Deems and carried, the Board authorized the transfer of $4,200.00 from Contingency Item in the County Judge’s Budget as requested.
On motion by Commr. Carson, seconded by Commr. Deems and carried, the Board authorized the transfer of $959.00 from Contingency Item in the General Revenue Fund to Acct. #80582, “Equipment, Circuit Judge.”
checks received
Check in the amount of $547.64 from the Clerk of the Circuit Court, refund of money advanced to pay State Witnesses at the Fall Term of Court. On motion by Commr. Carson, seconded by Commr. VanAuken and carried, the foregoing check was accepted by the Board and ordered deposited.
There being no further business to bring before the Board, the meeting was adjourned at 5:40 p.m.
_________________________________ _____________________________
CLERK chairman