MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS
monday – JUNE 7, 1971
The Board of County Commissioners of Lake County, Florida, convened in regular session on Monday, June 7, 1971, in the Commissioners’ Room, in the Courthouse, Tavares, Florida, on Monday at 9:00 o’clock a.m. in the forenoon with the following members in attendance: J. M. Hoskinson, Chairman; James R. Carson, Jr.; C. A. Deems, County Attorney, Thomas J. Windram and Kenneth VanAuken. Others in attendance were Christopher C. Ford, County Attorney; Fred M. Harpster, County Engineer; J. C. Watkins, Director of Planning; 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 delivered by Commr. Deems, and the Pledge of Allegiance to the Flag was given.
On motion of Commr. Carson, seconded by Commr. Windram and carried, the minutes of the special meeting of March 17, 1971 were approved as corrected.
On motion of Commr. Carson, seconded by Commr. VanAuken and carried, the minutes of the special meeting of March 29, 1971 were approved as submitted.
On motion of Commr. Deems, seconded by Commr. VanAuken and carried, the minutes of the regular meetings of March 15, 1971 and April 5, 1971, were approved as submitted.
planning and zoning
Mr. Watkins discussed a letter from the United States Civil Service Commission requesting that the Board designate an agency to receive information concerning the 1970 Act regarding Intergovernmental Personnel. On motion of Commr. Windram, seconded by Commr. Deems and carried, the Planning and Zoning Department was designated to receive and handle this information.
Mr. Watkins advised the Building Department made an administrative error in not issuing a building permit to T. A. Carr on property West of Leesburg off of State Road 44, and upon investigation he now recommends that the permit be issued. He was instructed to handle this matter as recommended.
Mr. Watkins advised he has received a letter from the Southwest Florida Water Management District requesting that Board to deny any action on change of zoning regulations in the Green Swamp area. Attorney Ford advised the Board not to take action prohibiting building permits just because the State may want to buy the land for a reservoir. If you do this you are condemning the land and will end up paying for it. Mr. Watkins was instructed to answer the letter.
Mr. Watkins presented a map of a recreational complex under the planned development concept which is being considered for South Lake County. The plan would be concentrated to make the best use of available land and enhance adjacent property. Only one access road from the highway will be needed, with a deceleration lane, and buffer strip of trees will mask the commercial facilities from the traveling public.
Mr. Watkins reported on a letter received from residents of the Springs Park area, Yalaha, concerning the use of houseboats. A houseboat has been moored in the canal and if it is being used as a residence, it should meet all requirements. Nothing pertaining to houseboats in the regulations at this time. A discussion was held on self-contained facilities and whether a policy should be adopted. Mr. Watkins was instructed to bring this matter back to the Board if found to be in violation of any regulation.
Mr. Watkins informed the Board that the Board of Examiners has recommended that the National Electrical Code be adopted as the standard for electrical work performed in Lake County; whereupon, on motion of Commr. Windram seconded by Comr. Deems and carried, a Resolution was adopted accepting the National Electrical Code as it presently exists and as it is altered, amended and revised in the future, and said Code shall be effective as of September 30, 1971.
maps and plats
Mr. Sam Powell appeared and presented petition and proof of publication of intention to vacate Plat of Tanglewood Subdivision located within the City of Leesburg, together with the City’s Resolution vacating the Plat. Attorney Ford advised that the laws providing for this authority have been repealed. The Attorney was instructed to determine if the authority is still vested in the County and later upon being advised by the Attorney that the Board does have this authority, a Resolution was adopted vacating the following described Plat on motion of Commr. Carson seconded by Commr. Deems and carried:
Begin at the N.E. corner of the N.W. ¼ of Section 27, Twp 19 S., Rge. 24 E., Lake County, Florida; said point also being the NW corner of Block K of Oak Crest Subdivision according to the plat of Lake County, Florida; run thence S 0°13’50” W along the West line of said Block K for 422.7 feet to the North right of way line of High Street, thence S 89°54’50” W along said North right of way line for 175.0 feet, thence N 0°13’50” East for 394.68 feet, thence North 18° 25’50” East for 32.04 feet to the North line of said NW ¼ of Sec. 27, thence S 89°15’50” East along said North line of NW ¼ for 165.0 feet to the point of beginning; and being otherwise known as Lots 1, 2, 3 and 4 and Parcel “A,” TANGLEWOOD SUBDIVISION.
outdoor recreational facilities
The Chairman presented a letter from the Department of Natural Resources requesting the Board to supply them with an acquisition and development schedule for the fiscal years 1972-1976, plus a record of past performance for fiscal year 1970-1971. They would like this information by July 145, 1971 and same was referred to the Planning Director.
The Clerk submitted a letter from the Department of Natural Resources advising that funds have been approved for the construction of a fishing catwalk on the Howey Bridge and requesting a meeting with the Board and the Department of Transportation at an early date.
Mr. Terrell Davis, County Forester, appeared and requested permission to move his office from the Professional Building into the former County Health Department Building. The Board members agreed to view the space in questions during the noon hour. Later in the day, Chairman Hoskinson said he would discuss this further with Mr. Davis.
tax adjustment board
The Chairman appointed Commr. Deems, Commr. Carson and himself to serve as members on the Tax Adjustment Board. The Clerk was instructed to write the Chairman of the Board of Public Instruction and ask him to appoint two members of his Board to serve on the Tax Adjustment Board which will convene at 9:00 o’clock A.M., August 2, 1971.
roads - right of way
Mr. Charlie Johnson appeared and requested that machinery and equipment be moved off of what he thinks is a County road located between Bay Road and SR 19-A. Mr. Harpster advised that this is an unopened, dedicated subdivision road. Mr. Watkins informed the Board that the party involved is in violation of a Conditional Use Permit. On motion of Commr. Carson seconded by Commr. Windram and carried, the County Attorney was authorized to enter necessary suit against the property owner and lessee to make certain that the Conditional Use Permit and Ordinance 70-1 are complied with.
roads – STATE
The Chairman presented a letter from the Safety Director of Golden Gem Growers requesting the County to widen State Road 44-A from the Eustis Sand Company East to Lake Norris Road. On recommendation of the County Engineer that this is a State maintained road, and on motion of Commr. Carson seconded by Commr. Deems and carried, the Board agreed to assist with improvements to the shoulders of the road on a one time basis, provided the Department of Transportation furnishes the materials.
The Citrus County Commissioner requested in a letter that Lake County endorse the four-laning of State Road 44 from the Sumter County Line to U.S. 19 through Citrus County. The Chairman will advise Citrus County of this Board’s previous action.
Clerk Owens submitted letter from the Department of Transportation advising that the portion of road in Section 11610, Leg “C” beginning at SR S-445, Leg “B” at MP 65.059 and going northerly and easterly into Alexander Springs Recreation Area approximately 1,235 feet, has been officially deleted from the State Secondary System and any further maintenance thereof is the responsibility of Lake County.
roads – county
Chairman Hoskinson filed affidavits signed by three (3) Lake County residents that the following described road has been used by the public for more than twenty (20) years, and on motion of Commr. Windram seconded by Commr. Carson and carried, the Board authorized a public hearing for July 6, 1971 to consider declaring the road a public road by prescription:
A certain roadway the center line of which is described as follows:
Commence at the Southeast corner of the Northwest ¼ of the Northwest ¼ of Section 19, Township 21 South, Range 26 East, run thence East 1900 feet, more or less, to the right of way of State Road 561, said road being an unimproved road used for a period of time hereinafter set forth.
Attorney Ford recommended that the Board not consider too many roads on prescriptive basis. Legally this is a judicial decision and should be left to the Court.
Three affidavits were filed signed by Road and Bridge Department employees indicating that through the affiant’s personal knowledge the following described road has been maintained regularly by the County for more than four (4) years, and on motion of Commr. VanAuken, seconded by Commr. Carson and carried, a public hearing was authorized to consider declaring the road a prescriptive road:
A certain road which is the North 660 feet, more or less, of County Road #5-5727 described as the East 15 feet of the Northeast quarter of the Southeast quarter of the Northwest quarter of Section 4, Township 19 South, Range 25 East, Lake County, Florida.
Bill Parks and L. R. Busk appeared requesting the closing of an unopened road in Bassville Park. It was found that the road in question is a dedicated street in an unrecorded subdivision. According to Attorney Ford, there is no road to close. The Board will need a title opinion that the road as shown on the Hunnicutt map is in error before a building permit can be issued.
Frank Pemble appeared concerning action of the board on September 9, 1968 closing a portion of Oleando Avenue in Sunset Park. He stated he had not been informed of this act and has been using the road because of business for approximately thirty (30) years. Attorney Ford stated that if this road has been used continuously by the public for twenty (20) years it could be considered a prescriptive road. He then advised Mr. Pemble to consult his attorney for further advice.
recess and reassembly
The meeting recessed at 12:00 o’clock noon for lunch and reconvened at 1:30 o’clock P.M. to take up the remaining items of business.
F. W. Hinson, W. C. Kennedy and Virgil Hawkins representing the Lake County Office of Economic Opportunity were present and informed the Board the OEO has received a grant to be used for a low cost transportation service for Lake County. The grant was in the amount of $100,000 leaving $25,000 to be obtained from other sources. The plan is to purchase eight (8) small business and establish regular routes around the County. Anyone will be allowed to take advantage of the service. Have already obtained the cooperation of the Department of Transportation. Mr. Hinson commented the purpose of coming to the meeting is to bring the Commissioners up-to-date on the program.
Mr. Harpster presented his recommendation for a Road Paving Policy in order for the County to assist with improvements to existing dedicated rights of way. On motion of Commr. Windram seconded by Commr. Deems and carried, the following policy was approved:
Lake County may build and surface to proper engineering any existing dedicated right of way of sufficient width for proper construction that adjacent property owners will improve on a cooperative basis.
Cost of labor, equipment, overhead and material shall be shared 2/3 by the adjacent property owners (1/3 each side) or other interested parties and 1/3 by Lake County. Construction to be by County forces or by contract at the County’s option. Construction will be scheduled on an as available basis.
Lake County, upon completion of construction to County engineering standards may then take over for continued maintenance any road so built.
On motion of Commr. Carson, seconded by Commr. Deems and carried, request from the Town of Mascotte for the County to grade certain streets was approved. The Engineer advised a check in the amount of $324.00 for the estimated cost of the repairs has been received.
A request from Mr. and Mrs. Lester D. Weinmann, Sorrento, to take over Swan Road as a County maintained road was presented to the Board. The Engineer advised the road is dedicated to the public but a deed restriction on the plat makes the street the responsibility of the owner and he was so directed to inform the Weinmanns.
On motion of Commr. Carson seconded by Commr. Windram and carried, the Clerk was instructed to write Seaboard Coast Line Railroad Company and request construction of a public crossing 2,418 feet South of MP ST 799 near Leesburg, Bernard Galbreath will pay costs of same.
After discussion concerning the flow of Dead River from Lake Eustis to Lake Harris, Commr. Carson moved for a letter directed to the Oklawaha Water Authority asking the Authority to consider at a special meeting, if necessary, the possibility of a structure between Lake Harris and Lake Eustis allowing passage of boats between the two lakes but would not allow a Lake Eustis to Lake Harris flow. The motion was seconded by Commr. VanAuken and carried.
On motion of Commr. Windram seconded by Commr. Deems and carried, the Engineer was instructed to have the prison labor crew clean up Lake Willie Park.
Certificates of Error and Correction on the 1971 Tax Roll numbered 113 through 125 as submitted by the Tax Assessor were approved on motion of Commr. Carson seconded by Commr. Windram and carried.
The Chairman presented a letter from the Town of Montverde requesting the County to take over the maintenance of the town dump. On motion of Commr. Carson, seconded by Commr. Deems and carried, the Clerk was instructed to notify the Town of Montverde that the County will take over the maintenance and will instruct the Mosquito Control Director to perform routine monthly maintenance of the dump.
deeds and easements
Six (6) months easement for the construction of a road as access for the removal of hyacinths from the St. Johns River was accepted on motion of Commr. Deems, seconded by Commr. Carson and carried, and same was ordered recorded upon the public records:
GRANTOR: M. A. Galbreath – Recorded O.R. Book 434, Page 476
On motion of Commr. VanAuken seconded by Commr. Carson and carried, right of way deeds conveying lands to Lake County for road purposes were accepted and ordered recorded upon the public records:
GRANTOR: Joe A. Martinson, Jr. – Recorded O.R. Bk. 434, Pg. 83
GRANTOR: Leo W. Haymans, Trustee – Recorded O.R. Bk. 434, Pg. 82
bonds – miscellaneous
On motion of Commr. Carson, seconded by Commr. Deems and carried bonds for carrying firearms were approved for the following:
John P. Wilkerson (2)
Herman C. Turner
W. B. (Beck) Johnson
H. Munson Tibbals
Elizabeth R. Liston
Cleo T. Larkin
Bond for Herschel V. Roberts, Jr. was not approved on recommendation of the County Attorney.
Contractors’ bonds for Certificates of Competency were approved for the following on motion of Commr. VanAuken seconded by Commr. Deems and carried:
Ralph E. Williams d/b/a Williams Development Co. of Orlando, Inc.
John W. Norton, d/b/a Morton Electric Co., Inc.
George A. & Michael V. Gifford d/b/a Gifford & Son
M. C. Boatwright, Jr. d/b/a Boatwright Electric Co.
Kenneth A. Ekberg d/b/a K C Contractors
Deputy Sheriff bond for Dorothea C. Treadway was also approved.
bonds – county
Schedule of the Semi Annual Principal and Interest Payments on the $2,000,000 Capital Improvement Certificates of Indebtedness as prepared by Stone & Youngberg was filed with the Board.
On recommendation of the County Attorney in order to abide by the Court Order in the Dora Canal suit, bids were authorized for the loading, hauling, and dumping fill dirt on the Fountain property, same to be received July 6.
On motion of Commr. Windram seconded by Commr. VanAuken and carried, the following described property was declared surplus and of no value and the Clerk was authorized to advertise the sale of same upon advice from the County Engineer that no clay exists in the pit:
Commence at the Northwest corner of Section 10, Township 19 South, Range 27 East; thence run East 1318.78 feet; thence run South 0°22’38” West 230.89 feet to the North right of way line of State Road 44; thence run South 87°51’57” East along said North right of way line a distance of 567.19 feet; thence run North 0°07’23” East 236.57 feet; thence run North 88°26’12” West 566.00 feet to the Point of Beginning, containing 3.039 acres.
On motion of Commr. Carson, seconded by Commr. Windram and carried, letter of resignation from Richard D. Shivers, Drafting Technician, was accepted effective May 31, 1971.
On motion of Commr. Deems seconded by Commr. Carson and carried, resignation of Nellie M. Bassett, Receptionist at the Agricultural Center, was accepted effective June 30, 1972, and a Resolution was adopted extending to Mrs. Bassett the Board’s appreciation and gratitude for her efforts and accomplishments while working for the Agricultural Department.
On motion of Commr. Windram seconded by Commr. Carson and carried, the Board approved Mr. and Mrs. A. C. Cowart as Assistant Superintendent and Matron of the Juvenile Shelter, effective May 25, 1971 at the same salary as previously approved for this position.
On motion of Commr. Carson seconded by Commr. VanAuken and carried, the Engineer’s request to employ two part-time students in the Sign Shop and Drafting Room was approved.
On motion of Commr. Deems, seconded by Commr. Carson and carried, 1942 Dodge wrecker, County Property #1035 was declared surplus and of no value and same to be removed from the County inventory.
On motion of Commr. VanAuken seconded by Commr. Carson and carried, the action of the Chairman and Clerk was approved in approving applications to the W. T. Edwards Tuberculosis Hospital for the following:
Coy Leon Strickland
L. C. Taylor
On motion of Commr. VanAuken seconded by Commr. Carson and carried, the Board approved application to the Hospital for Eross Williams.
Discharge notifications for the following were filed, all being discharged with medical advice:
Louis W. Pierce – 5/17/71
James W. Dudley – 5/20/71
L. Maude Haley – 5/21/71
Leonard Gallardo – 6/2/71
licenses and permits
Use Permit to Florida Telephone Corp. to place buried and aerial cable along a portion of County Road 2-4006 located between Leesburg and Whitney as shown on prints, and along Country Road 4-5811 between Eustis and Cassia, were approved on motion of Commr. Deems seconded by Commr. Carson and carried.
A letter was received from Southernaire Fruit Co., Inc. offering the Board 92 acres of land adjoining Tri City Landfill near Astatula for $795.00 per acre. The offer is good for thirty (30) days from date of letter – June 1. On motion of Commr. Windram, seconded by Commr. VanAuken and carried, the Clerk was instructed to have the land appraised.
Letter from the Men’s Garden Club, Mount Dora, was received requesting aid in the landscape work at the Lake County Boy’s Ranch. On advice from the Attorney that the Boy’s Ranch is a private corporation, the request was denied and the Clerk was instructed to so notify the Club.
Letter of appreciation was read and filed from the Lake County Juvenile Court.
Resolution adopted by the City of Mount Dora was read and field expressing the City’s appreciation to the Board in curbing the flow of hyacinths through the Apopka-Beauclair Canal.
The following monthly reports were filed:
Veterans Service Officer for May
Cigarette tax collections and distributions for March
On motion of Commr. VanAuken seconded by Commr. Windram and carried, the Board approved travel for the Chairman to attend State Association Directors’ meeting in Miami, June 24-26.
On motion of Commr. Carson, seconded by Commr. Windram and carried, travel was approved for Philip R. Edwards to attend meeting in Tallahassee with the State Department of Air and Water Pollution, June 11.
Equipment and supplies for the Pollution Control Office in the total amount of $307.45 were approved on motion of Commr. Windram seconded by Commr. Carson and carried.
On motion of Commr. Carson seconded by Commr. Deems and carried, the Board approved the emergency purchase of one case of oil from American Oil Company for $9.72 by the Pollution Control Office.
On motion of Commr. Windram seconded by Commr. VanAuken and carried, the Engineer was authorized to purchase one chainsaw at a cost of $145.00
The Clerk was authorized to purchase one stenographer chair from Southern Printing Co. in the amount of $72.85 on motion of Commr. Windram seconded by Commr. Deems and carried.
There being no further business to bring before the Board, the meeting adjourned at 4:15 o’clock p.m.