minutes of regular MEETING OF BOARD OF COUNTY COMMISSIONERS
FEBRUARY 13, 1973
The Board of County Commissioners convened in regular session on Tuesday, February 13, 1973, in the Commissioners’ Room, Courthouse, Tavares, Florida, at 9:00 A.M. with the following members present: C. A. Deems, Chairman; J. M. Hoskinson, James R. Carson, Jr., Thomas J. Windram, and Glenn C. Burhans. Others present were: Fred Harpster, County Engineer, Christopher C. Ford, County Attorney; James C. Watkins, Clerk of Circuit Court, and Norma Coven, Deputy Clerk.
The Chairman called the meeting to order and the invocation was given by Commr. Hoskinson. The Pledge of Allegiance was recited.
On motion of Commr. Carson seconded by Commr. Hoskinson and unanimously carried, the minutes of the meeting of October 10, 1972, were approved, as amended.
Commr. Burhans presented a request from Mrs. Stegall, Supervisor of Elections, for ten additional voting machines. Sales and Service, Inc., Jacksonville, can provide reconditioned machines for a total price of $1,400.00 per machine. Commr. Carson stated that according to the law it is required that the County has one machine for every 350 persons and, accordingly, Lake County will need eight additional machines. He further stated that he would like to have one machine to use in the courthouse lobby or the registrar’s office for absentee ballots, if the Legislature will permit. The Chairman requested that the Clerk contact Sales and Service, Inc. and inquire as to what arrangements can be made for the purchase of 10 reconditioned Shoup voting machines.
opinions – legal
A discussion was held as to whether the Board has the authority to declare roads prescriptive. It is the opinion of the County Attorney that it takes a judicial act to declare a road prescriptive or way of necessity. The Chairman asked the Attorney to write the Attorney General to get an Opinion regarding this matter.
On motion of Commr. Carson seconded by Commr. Hoskinson and unanimously carried, the following changes were approved to the present indigent list:
District No. 1 – ADD Thomas Swanson $33.25
District No. 2 – ADD Bernice Harrington $30.00
District No. 4 – ADD Reggie Beasley $40.00
planning and zoning
Mr. O. K. Braley, President of the Lake County Conservation Council appeared before the Board regarding a comprehensive land use plan for Lake County. After discussion on this matter, the Chairman informed Mr. Braley that a start has been made in this direction and that the Planning Department is presently trying to sufficiently staff the department to be able to work on a Comprehensive Plan for Lake County.
east central florida regional planning council
Mr. Ken Klos, representing the Regional Planning Council, appeared before the Board and explained that he had planned to ask the Board to approve the Oklawaha River Basin Water Quality Management Plan, subject to approval of the Lake County Pollution Control Board, but the Pollution Control Board feels they need to study this plan further. He stated that a work session has been set up for Monday, February 19, 1973, to work with them on this plan. Mr. Edwards, Lake County Pollution Department, stated that he was advised by the Environmental Protection Agency that unless some plan is approved by the first week in March the City of Leesburg stands to lose the grant priority they now have. He said that, hopefully the Pollution Board will approve some plan at the meeting on Monday and present this plan to the Board of County Commissioners at their next Board Meeting.
Mr. Klos then presented the Master Sewerage Plan for Lake County, 1972-1990, and asked for the Board’s approval of same. On motion of Commr. Hoskinson seconded by Commr. Windram and unanimously carried, the Board adopted the Master Sewerage Plan, plus addendum, as presented.
right of way – roads
Commr. Windram apprised the Board that Mr. Don Stephens would like to trade land off SR 46 (which is scheduled for widening and resurfacing) for present County right of way along the side of his property. He stated that due to an error by the title company, Mr. Stephens’ house is situated on, or very near, the present road right of way. The County Attorney recommended that an agreement be worked out between the involved landowners to swap with the County, land off SR 46 for the present right of way, or the land along SR 46 can be condemned.
On motion of Commr. Windram seconded by Commr. Carson and unanimously carried, the Board accepted deeds to convey road right of way to Lake County from the following:
E. B. Cashwell (with temporary easement to provide cul-de-sac and two drainage easements)
Philip J. Van Winkle and wife, Nancy E. Van Winkle
James R. Davis, Jr. and Hazel B. Davis, his wife
C. O. Akermanis and Martha M. Akermanis, his wife
Alice Lockmiller Lawson
Postal Colony Company, Inc.
W. D. LeSage
Carl F. Myers and Frances R. Myers
T. V. Snively and Elaine Snively Rainero
The Coca Cola Company
The Florida National Bank of Orlando and Joseph Wittenstein as Co-Trustees of the Alice Greenbaum Trust.
Price Groves, Inc.
Robert B., Richard K., and David Colville, Trustees
In reference to a request for improvements and maintenance of roads in the Bassville Park area, the County Engineer reported that he checked on the roads in this area (Sunland Avenue, Rancho Drive and Holly Road) and, in his opinion, these roads are not a necessary County connecting link. Action of this request was deferred until the Board members view the roads in question.
recess and reassembly
The Chairman announced that the Commissioners will eat lunch at the Silver Lake Country Club and invited members of the press and public to join them on a Dutch-treat basis. The meeting recessed for lunch at 12:00 o’clock noon and reconvened at 1:45 P.M. to take up the remaining items of business.
roads – county
The Engineer reported that he received a complaint from an adjoining property owner that Mr. Clark has disked road 2-3021. The Board instructed the Attorney to have the road declared prescriptive through the court.
road and bridge department
On recommendation of the Engineer, and on motion of Commr. Carson seconded by Commr. Burhans and unanimously carried, the Board authorized the Road and Bridge Department to haul away the hyacinths the residents of Lake Harris Shores Subdivision have removed from the canal and placed alongside the road.
On recommendation of the Engineer and on motion of Commr. Carson seconded by Commr. Windram and unanimously carried, the Board granted a garbage franchise to Earl Dick, Sr. and authorized the Chairman and the Clerk to sign same.
chamber of commerce
The Engineer presented request from the Lake County Chamber of Commerce for truck and driver to move 300 chairs and 12 tables from Eustis to the fairgrounds and back. On motion of Commr. Burhans seconded by Commr. Hoskinson and unanimously carried, the Board approved the request.
The Engineer presented a petition from the Yale Canal Civic Club for a street light at the entrance of the Subdivision and highway #452. The Engineer will advise the Club that the light and cost for operating same must be paid by the Civic Club.
right of way – roads
The Engineer presented request from Mrs. Sophia Sulen for return of land which was deeded to the County in 1952 for road purposes. This request was referred to the Engineer to investigate.
The Engineer informed the Board that the Department of Transportation has filed with his office right of way maps on old SR 500 from Tavares to Mt. Dora.
Commr. Carson moved that the records show that the State Statutes require the County Engineer to be a registered engineer and the Board members feel it is necessary that he have a land surveyor’s license certificate and moved that the license fees be paid by the County. The motion was seconded by Commr. Burhans and unanimously carried.
roads – state
The Chairman presented letter from the Chief of Police in Fruitland Park requesting reduction of the speed limit on Dixie Avenue (SR 25-A), from 40 to 30 mph, from the intersection of Pennsylvania Street and SR 25-A to the intersection of Shiloh Road and SR 25-A. The letter was referred to the County Engineer.
PLANNING and zoning
Commr. Windram informed the Board of letter from Father Riley, St. Francis of Assisi Church of Apopka, regarding the church’s property in the Sorrento area. He stated that the church’s plan is to place sixteen mobile homes on R-1-5 property and sell them to poor families that presently are unable to find any of the normal channels of financing open to them. He further said that the property will remain in the name of the Diocese. Commr. Windram stated that the “letter of intent” was requested after many complaints were received and feels the Planning Department needs some direction from the Board on this matter. After discussion by the Board members, and on motion of Commr. Windram seconded by Commr. Hoskinson and unanimously carried, the Board instructed the County Attorney to write Father Riley informing him that he is in violation of the zoning regulations as it appears the church would be operating a mobile home park, and R-3 zoning is required for this type of operation.
bonds – miscellaneous
On motion of Commr. Burhans, seconded by Commr. Carson and unanimously carried, bonds for carrying firearms were approved for the following:
W. E. Woods
Frederick A. Ladd, Jr.
Edward H. Riddle
The Clerk presented petition for road closing filed by James C. and Bertha Johnson. The petition was accepted to be advertised for public hearing.
On motion of Commr. Hoskinson seconded by Commr. Carson and unanimously carried, the Board approved publication of delinquent tax list in the Tavares Citizen newspaper.
planning and zoning
Mr. Flynn, County Planner, presented a copy of the General Development Concept Map which will be given to the Lake County Conservation Council, as requested.
laws and legislature
The County Attorney informed the Board of a proposed bill (Tort Claim Act); a bill to be entitled:
“An Act relating to claims against the State; authorizing suits against the State or any of its agencies or subdivisions for the tortious acts of their employees or agents; authorizing settlement of such claims; providing procedure for prosecuting claims; providing an effective date.”
maps and plats
The Board investigated complaints received from lot owners in Sunset Groves Subdivision, who are unable to obtain building permits because the subdivision is not a plat of record. The County Attorney researched this matter and informed the Board that the subdivision was first recorded in 1962 after Lake County had a plat law in effect. He further said that in 1959 a special Act was passed that imposed plat requirements on sub-dividers and Sunset Groves does not comply with either the State or the local laws regarding same. The Attorney suggested two alternatives. The Board can notify the sub-divider that Sunset Groves was improperly subdivided and is in violation of the State platting laws and that Lake County will not recognize it as a plat, or the Board can notify the people that if the lots are re-deeded to correct the previous deed issued them, using metes and bounds descriptions and shown adequate road right of way, the County will issue permits. The Chairman appointed Commr. Hoskinson to meet with the County Planner, County Attorney and Engineer to check with the Land Sales Board and determine what permits have been issued and bring this matter back to the Board for further action.
suits affecting county
The Attorney informed the Board that the rehearing on the McKinney tax suit was held on February 12, 1973, and Judge Mills ruled that the Order stands. On recommendation of the Attorney and on motion of Commr. Windram seconded by Commr. Carson, the Board authorized the Attorney to employ Mr. Sayford to appraise the property.
licenses and permits
The Clerk advised the Board that his office has received an application from a palmist for a permit to operate in Lake County and is in the process of investigating the application. He stated that he will bring this request before the Board for consideration at the next meeting.
The Board discussed the establishment of fire districts within the County and instructed the Attorney to prepare a Proposed Ordinance and Referendum.
Notice from the Bureau of the Census, U.S. Department of Commerce stating that the population of the City of Clermont, Lake County, Florida, including the area annexed on February 8, 1972, was 3,822 as of April 1, 1970, was read and filed.
Resolution from Okaloosa County regarding necessary legislation to purchase approximately two miles of beachfront property east of Destin and south of U.S. 98 was read and filed.
A letter from the Mayor of Jacksonville, Florida, with copy of Charter of the St. Johns River Valley Council was read and referred to Commr. Carson to review.
The following reports were filed with the Board:
Report on the distribution of the State gas tax.
Lake County Welfare Report, dated January 31, 1973
PUBLIC WORKS DEPARTMENT
A. Engineering Report
C. Motor Vehicle Inspection Report
D. Road & Bridge Report
E. Solid Waste Management Report
On motion of Commr. Carson seconded by Commr. Hoskinson and unanimously carried, the Board approved purchase of Marquette Arcwelder, Model 13-105, for the Road and Bridge Department at a cost of $1,044.45.
On motion of Commr. Hoskinson seconded by Commr. Windram and unanimously carried, the Board approved payment to Eugene Dietzgen Company, $300.00 for 100 linen pre-printed plat sheets for the Engineering Department and authorized the Engineering Department to sell the sheets to subdivision developers at a cost of $8.00 per sheet.
On motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the Board authorized the purchase of the following safety equipment for the Road and Bridge Department:
12 safety vests at $1.95 each
12 flags at $1.43 each
12 caps at $2.00 each
12 barricades at $7.80 each
On motion of Commr. Hoskinson seconded by Commr. Deems and unanimously carried, the Board approved payment to Macasphalt, Inc. $317.00 on Change Order #2 to Road Resurfacing Contract.
On motion of Commr. Windram seconded by Commr. Carson and unanimously carried, the Board instructed the Engineer to have shelves and counter top built for the Small Claims Office.
On motion of Commr. Burhans seconded by Commr. Carson and unanimously carried, the Board approved payment of the following:
Coven Construction Company
$85.00 for closing up the door in State Attorney’s Office
$1,746.67 for work performed in Judge McCormick’s Office
$16.83 for lighting receptacle in Judge Aulls’ Office
Town and Country Furniture
$877.95 for carpet and installation in Judge McCormick’s Office
Leesburg Paint and Decorating
$95.50 for painting Judge McCormick’s secretary’s office
$262.50 for painting Mr. Watkins’ Office
$47.50 for painting Judge McCormick’s Office
Juanita Geraghty $434.68 for drapes installed in Judge McCormick’s Office.
On motion of Commr. Windram seconded by Commr. Burhans and unanimously carried, the Board approved purchase of one calculator for the Finance Department from Remington Rand for cost of $229.44.
On motion of Commr. Carson seconded by Commr. Hoskinson and unanimously carried, the Board approved travel expenses for Dorothy C. Monroe to attend Seminar for Consulting Dieticians, Orlando, March 14, 1973.
On motion of Commr. Hoskinson seconded by Commr. Carson and unanimously carried, the Board approved payment of $1,350.00 to Lanier Business Products for recording machine in Commissioners’ Room.
On motion of Commr. Carson seconded by Commr. Burhans and unanimously carried, the Board approved purchase of 10 chairs for the Agricultural Center from George Stuart, Inc., for cost of $431.56.
On motion of Commr. Carson seconded by Commr. Windram and unanimously carried the Board approved travel expenses for the following County Employees:
Joseph E. Flynn, Planning Director, to attend American Institute of Planners Conference, Tallahassee, February 8-10, 1973.
Ted Wicks to attend Fish Kill Legal School, Lake City, February 20-22, 1973.
Phil Edwards to attend National Meeting of American Society for Microbiology, Miami, May 6-11, 1973.
Fred Bollenberg to attend U.S. Civil Defense Mid-Winter Conference, Mobile, Alabama, February 17-22, 1973.
Mary Hamner, Short Course for Continuation of Administration Licensure, Daytona Beach, March 18-22, 1973.
On motion of Commr. Carson seconded by Commr. Windram and unanimously carried, the Board approved payment of the following vouchers:
General Revenue Fund 744-979
Auto Inspection 55-79
Youth Services 31A-38A
Fine & Forfeiture Fund 80-138
Road & Bridge 324A-442
Construction Trust 3
Fish Conservation 2
Cert. of Indebt. (Sinking Fund) 1-2
NE (Ambulance) 7
NW (Ambulance) 7
Capital Outlay (Co. Bldg.) 1
funds - transfer
On motion of Commr. Carson seconded by Commr. Deems and unanimously carried, the Board approved transfer of $100.00 from Acct. #3440341 in the General Fund to Acct. #3440209.
There being no further business to come before the Board, the meeting adjourned at 4:20 o’clock p.m.