MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
MONDAY – APRIL 14, 1969
The Board of County Commissioners of Lake County, Florida, met in regular session in the County Commissioners’ Room in the Courthouse, Tavares, Florida, on Monday, April 14, 1969, at 9:00 o’clock A.M. with the following members present: Commissioner Thomas J. Windram, Chairman; Commissioners James R. Carson, Jr., Alex J. Macdonell, J. M. Hoskinson and Kenneth VanAuken. Also present were County Attorney C. E. Duncan, County Engineer Gordon Hays, Jr., Clerk of Circuit Court Frank E. Owens, Attorney and Deputy Clerk Norma H. Coven.
The meeting was called to order by Chairman Windram and the invocation was given by Mr. Hays.
public health
Mr. Macdonell informed the Board the County property on State Road 33 will not be used as a landfill site. There are two sites acceptable, one of which is in the City of Mascotte. Will consult with the City regarding this site.
Paul Milton was present and reported he is negotiating with property owners on several locations to be used as landfills. Also, reported the County owns property in the City of Mascotte but will need the City’s approval to use the property as a landfill. Two locations are owned by the Federal Government. Commissioner VanAuken moved that Mr. Milton seek the approval of the Federal Government to use two locations in the Ocala Forest and the approval of the City of Mascotte. The motion was seconded by Commissioner Macdonell and carried.
Mr. Milton also reported on complaints his office receives from fogging operations in the County parks. He advises emphasis is placed on fogging the parks because of the numerous out-of-state visitors who could be infected by a mosquito bite.
Mr. Hays announced E. T. Hall is present relative to the status of subdivision developers who have not complied with the water and sewage requirements adopted by the Board on March 4, 1968. Mr. Hall explained the developers have made considerable progress but because of circumstances beyond their control, it has been impossible to get the work completed. On motion of Commissioner Macdonell seconded by Commissioner Carson and carried, a Resolution was adopted granting an extension of time for the completion of the following subdivisions for a period of one additional year:
1. A subdivision at Eagles Nest in Section 36, Township 18 South, Range 24 East;
2. Imperial Mobile Terrace, 30 lots more or less, on the West side of the original and First Addition;
3. Holiday Havens, First Addition to Astor; and
4. That part of Government Lot 2 in Section 18, Township 19, South, Range 26 East, in Lake County, Florida, lying South of the recorded Plat known as Western Shores, located at the West end of Lake Eustis.
county property
Commissioner Macdonell asked the status of the exchange of property with Jim Payne. Attorney Duncan advised the property was sold with a cloud on the title. If we are unable to secure good title, the property can be declared a nuisance value. He was instructed to study this further.
water pollution
Commissioner Hoskinson reported on his inspection of the muck farm and sand mining operation near the Leesburg Airport, which is polluting Lake Harris. Attorney Duncan advised this is private property and the County has no right on the property unless it can be shown the operations is detrimental to the general public. After discussing this, the matter was referred to the local Pollution Board for investigation.
roads – county
Mr. Bob Marshall of Silver Sand Company was present relative to his company hauling clay from County owned pit to improve County Road that will provide access to Silver Sand property. Attorney Duncan explained it is within the law for a private concern to use County clay providing the road being improved is owned by the County and is used by the public. On motion of Commissioner Hoskinson seconded by Commissioner Macdonell and carried, the following Resolution was adopted:
WHEREAS, Silver Sand Company, a corporation, for the purpose of developing and stabilizing a County Road located in the Southeasterly section of Lake County, has submitted to the Board of County Commissioners of Lake County a proposal to mine and haul, at its expense, clay from the County Clay Pit located in that vicinity, to the said County Road; and
WHEREAS, the development of the County Road above mentioned will be for the best interests of the several property owners in that vicinity and to develop a connecting road with other County roads and make said property more accessible to the traveling public.
NOW, THEREFORE, BE IT RESOLVED BY THE Board of County Commissioners of Lake County, Florida, that Silver Sand Company be, and it is hereby authorized to mine and haul from the County Clay Pit designated by the County Engineer, clay for the purpose of distributing the same on a County Road designated by the County Engineer, but without expense to Lake County.
On motion of Commissioner Hoskinson seconded by Commissioner Macdonell and carried, a Resolution was adopted determining a maximum speed of 25 miles per hour for the following roads:
All streets and roads in Suburban Shores, according to the Plat thereof, including, but not limited to, Suburban Terrace and Shore Line.
On motion of Commissioner Macdonell seconded by Commissioner Carson and carried, the Board approved the results of the road inspection trip on March 20, 1969 was submitted by the Engineer.
On motion of Commissioner Macdonell seconded by Commissioner VanAuken and carried, the road priority list as submitted by the Engineer was approved.
The Engineer filed road construction data as of April 11, 1969.
laws & legislature
On motion of Commissioner Hoskinson seconded by Commissioner Carson and carried, the Board adopted a Resolution expressing to the Legislative Delegation that the Lake County Board of County Commissioners opposes exorbitant pay increase for elected officials, State and County, and recommends that no increases of salaries shall become effective before the expiration of current terms of elected officials. The Clerk was authorized to send a telegram regarding the above Resolution to each member of the Lake County Legislative Delegation.
On motion of Commissioner Hoskinson seconded by Commissioner Carson and carried, the Attorney was instructed to prepare and advertise a Special Act giving the County authority to enact Ordinances, and to notify the Legislators to hold the Bill pending passage of the General Act.
Chairman Windram submitted telegram from the State Association of County Commissioners relative to Bill favoring annual motor vehicle inspection. The Chairman advised the Board has previously gone on record favoring the annual inspection and if same is passed that the State assume the indebtedness incurred by the County to provide the necessary inspection facilities under the present law. Commissioner Hoskinson moved that a copy of the Resolution adopted by the Board on December 2, 1978, be forwarded to the Chairman of the Ways and Means Committee. The motion was seconded by Commissioner Carson and carried.
Attorney Duncan was directed to prepare and advertise Special Act permitting Lake County to take over the proceeds of the 7¢ Gas Tax for road construction.
licenses & permits
Frank Skilbred and Gerard Kelch were present and announced they were withdrawing their request for a permit to extend the hours of the Hula Hut Bar & Lounge.
The Engineer filed the following Use Permits:
Permit No. 150 to Florida Telephone Corporation for the construction and maintenance of poles and buried cable paralleling and crossing County Road 5-8799 between State Road 44 and the Saint Johns River.
Permit No. 151 to Florida Telephone Corporation for the construction and maintenance of poles and buried cable paralleling County Road 5-8599 between County Road 5-8699 and the Saint Johns River.
Permit No. 152 to Florida Telephone Corporation for the construction and maintenance of buried cable paralleling County Road 3-0840 between County Road 3-1040 and Lake Louisa.
To Sumter Electric Cooperative, Incorporated for the construction and maintenance of distribution line along County Road 1-7310 in Section 27, Township 18 South, Range 24 East.
maps & plats
Ranston Davis, Attorney, representing Verna A. and Paul A. Miller, presented petition and proof of publication to vacate plat and no one appearing to object, a Resolution was adopted on motion of Commissioner Carson seconded by Commissioner Hoskinson and carried, vacating and returning to acreage the following described property:
Leesburg Heights, a subdivision in Lake County, Florida, according to the plat thereof recorded in Plat Book 8, page 94, Public Records of Lake County, Florida, LESS and EXCEPT lots 13, 14, 15 and 16, in Block “I.”
planning & zoning
On recommendation of the Planning Director and on motion of Commissioner Hoskinson seconded by Commissioner Carson and carried, the Board authorized before the Planning & Zoning Commission for May 1, 1969, to consider application for change of zoning classification for Thomas P. Line with the provision that the expense of same will be paid by the applicant.
It now being the time advertised to hold a public hearing on the proposed change to the Planning & Zoning Rules and Regulations, the Chairman called for interested persons to be heard at this time:
SECTION XIII, CONDITIONAL USE PERMIT, PARAGRAPH B, Authority thereunder, shall be amended by adding a new sub-paragraph as follows:
“c. Uses as provided in Paragraph C, Sub-paragraph 16 below, may be permitted only within the general zone classifications for said uses.”
There were no objections or complaints and on motion of Commissioner Macdonell seconded by Commissioner Carson and carried, a Resolution was adopted amending the Planning & Zoning Rules and Regulations as above.
On recommendation of the Planning & Zoning Commission and on motion of Commissioner Carson seconded by Commissioner VanAuken and carried, Hearing No. 12-69-1 was denied without prejudice, the applicant having withdrawn his application.
On motion of Commissioner Hoskinson seconded by Commissioner Macdonell and carried, Hearing No. 4-692 was postponed until May 5 at 2:00 p.m.
It now being the time advertised to hold a public hearing on the application of Norma C. Hendricks for change of zoning classification, the Chairman called for interested persons to be heard at this time.
The following persons appeared in objection to the reclassification:
Conley Kidd
Charles Clendenney
Henry Adams
Mr. and Mrs. W. H. Rednour
Joe Hill
F. E.Specht
Letters from the following opposing the reclassification were filed:
Mr. & Mrs. Joseph H. Whittingham
Mr. & Mrs. Vernon Schneider
The following persons appeared in support of the reclassification:
Gordon Savage
Dewey Burnsed
On motion of Commissioner VanAuken seconded by Commissioner Carson and carried, the recommendation of the Planning & Zoning Commission was upheld and the application denied.
On recommendation of the Planning & Zoning Commission and on motion of Commissioner Macdonell, seconded by Commissioner Carson and carried, the following Conditional Use Permits were approved:
Conditional Use Permit 121-4
Conditional Use Permit 122-4
Conditional Use Permit 123-2
Conditional Use Permit No. 120-4 was approved on motion of Commissioner Hoskinson seconded by Commissioner Macdonell and carried, with the permit being corrected to read “ground type operation.” Commissioner VanAuken voted against the motion.
The Planning Director requested that one member of the Board attend the Planning & Zoning Commission meetings on the last Thursday of the month at 9:00 o’clock A.M.
indigents
On motion of Commissioner Hoskinson seconded by Commissioner Macdonell and carried, the following changes were approved to the present indigent list:
District No. 3 DELETE Eben Miller $40.00
ADD E. G. Odom, Sr. 58.00
road closings
W. D. Burch appeared and requested that a road which has been closed in Edgewater Beach Subdivision be reopened. Attorney Duncan informed Mr. Burch the legal procedure to close a road, stating the County cannot rescind the previous action. Engineer Hayes suggested that Mr. Burch dedicate a right of way to the public from his property. He was instructed to work with Mr. Burch on this.
roads – state
After discussing the appraisal for State Road 530 and on recommendation of the Chairman, Commissioner Carson moved for the adoption of the following Resolution. The motion was seconded by Commissioner VanAuken and unanimously carried. (See next page)
The County Attorney was directed to notify Dr. Norbert P. Sullivan that it is anticipated the road along his property will be surfaced during this year.
Commissioner Carson informed the Board he checked on the maintenance of the Wayside Park on State Road 25 South of Leesburg and found that the City and the State Road Department have total responsibility. The City furnishes police protection, lights, water, cleans and supplies the restrooms; and the State Road Department maintains the park and picks up the litter.
On motion of Commissioner Carson seconded by Commissioner Hoskinson and carried, a Resolution was adopted requesting the Department of Public Safety to assign additional Troopers to serve the Lake County area in an effort to reduce the serious accidents and deaths resulting from accidents.
WHEREAS, the Board of County Commissioners of Lake County have reviewed appraisal on the right of way for State Road 530, located at the South boundary of Lake County and extending East from State Road 25 to the Eastern boundary of Lake County; and
WHEREAS, the Board is of the opinion that the appraisal is excessively exorbitant; that it is based upon future values and prospective increases which are speculative; and
WHEREAS, the funds for the purchase of rights of way under the Fifth, Sixth and Seventh Cent Gas Tax, have been drastically cut by the recent Act of the Legislature, and the expenditure of such exorbitant sums for rights of way will prevent Lake County from the development of other necessary Secondary State Roads and acquisition of rights of way in other areas of the County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the appraisal of the proposed rights of way for State Road 530 within Lake County, as prepared for the State Road Department, be rejected as an unrealistic appraisal of present values; and that, as heretofore requested by Resolution, a reappraisal of said right of way be made by a qualified appraiser or appraisers who reside in or near Lake County, and are more familiar with real estate movement in Lake County.
prisoners
Sheriff McCall presented written request that the accumulated good time of 20 days be disallowed for Frank Holland Brock, who was discovered attempting to take some County property. Request was approved on motion of Commissioner Hoskinson seconded by Commissioner VanAuken and carried.
water levels
Chairman Windram submitted letter from the Oklawaha Water Authority relative to a complaint of the water level of Lake Joanna. Attorney Duncan advised the County has no authority to correct this. The property owners would have to enter into a suit for Declaratory Decree to determine where the levels should be kept and how the water should flow in order to properly maintain the established levels.
licenses & permits (Beverage law)
On motion of Commissioner VanAuken seconded by Commissioner Hoskinson and carried, the following Resolution was adopted:
WHEREAS, Lake County, Florida, is fortunate in having within its boundaries a portion of the Ocala National Forest; and
WHEREAS, this area of the Ocala National Forest affords recreational opportunities for many residents and non-residents of Lake County, Florida; and
WHEREAS, these recreational opportunities are availed of primarily on Saturdays and Sundays of each week.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida:
1. That the area of Lake County, Florida, lying North of the line dividing Township 15 South and Township 16 South is hereby declared to be primarily a weekend recreational zone of Lake County.
2. That pursuant to Chapter 572.14 of the Laws of the State of Florida, the hours of sale for beer and wine within such territory, are amended as follows:
No beers or wines may be sold, consumed or served or permitted to be sold, consumed or served in any establishment holding a License under the State Beverage Department of Florida, between the hours of Midnight and 7:00 A.M. the following day, or between the hours of Midnight Saturdays and 1:00 P.M. the following Sundays.
THIS RESOLUTION shall become effective immediately upon its adoption.
Commissioner Macdonell voted “No.”
recess and reassembly
The meeting recessed at 12 o’clock noon for lunch and reconvened at 1:30 o’clock P.M. to take up the remaining items of business.
county depositories
On motion of Commissioner Hoskinson seconded by Commissioner Carson and carried, The First State Bank & Trust Company of Eustis was designated as a depository for the Eustis Motor Vehicle Inspection Station and the Clerk was authorized to have the necessary checks printed.
inventory
On motion of Commissioner Macdonell seconded by Commissioner Carson and carried, the following inventory items were declared surplus and of no value and removed from the inventory records:
Property Record No. 1025 10 ft. Road Maintainer
Property Record No. 2015 Grease Gun
Property Record No. 4075 Dry Chemical Fire Extinguisher
Property Record No. 2122 White Tractor
Property Record No. 2107 Ford Truck
Property Record No. 2102 Dodge Power Wagon
Property Record No. 2101 Dodge Power Wagon
Property Record No. 2143 John Bean Pump
Property Record No. 2185 Logan Lathe
Property Record No. 2355 2/W Hand Truck
Property Record No. 2137 Wisconsin Engine
Property Record No. 2145 Wisconsin Engine
Property Record No. 2184 Wisconsin Engine
Property Record No. 2183 Wisconsin Engine
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 Tropical Shores, Broadvue Heights and Rainbow Ridge Subdivisions, 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 motion of Commissioner Hoskinson, seconded by Commissioner Carson and carried, a Resolution was adopted approving the special assessment rolls as prepared by the Tax Collector.
bids
On motion of Commissioner Hoskinson seconded by Commissioner VanAuken and carried, the low bid of Basic Asphalt Corporation was accepted to resurface streets in Tropical Shores, Rainbow Ridge and Broadvue Heights, with the understanding that the work order will be issued when the funds are available.
appointments
Planning Director Watkins requested an appointment from the Board to the Agricultural Advisory Committee to the Planning & Zoning Commission. Commissioner Carson said recommendation will be made at the next Board meeting.
James R. Carson, Jr., was appointed to serve as a member of the Board of Directors of Lake County Economic Opportunity, Incorporated on motion of Commissioner Hoskinson seconded by Commissioner VanAuken and carried.
bonds – miscellaneous
Bonds for carrying firearms were approved for the following on motion of Commissioner Hoskinson seconded by Commissioner Carson and carried:
Donald J. Barton
Fred P. Spanogle
hospitals
The action of the Chairman and Clerk in approving application of Nathaniel Jordan to the W. T. Edwards Tuberculosis Hospital was approved on motion of Commissioner Carson seconded by Commissioner Macdonell and carried.
Clerk Owens submitted letter from the State Board of Health in answer to the Board’s inquiry relative to the State paying the hospitalization costs for migrant tubercular cases advising there are no State funds available for this purpose.
tax assessments
Attorney Duncan presented letter from the South West Florida Water Management District requesting the County to cancel taxes on property acquired by the South West Florida Water Management District. Action was deferred on this matter pending further information.
state road department
Statements of Status of Secondary Funds and Trust Fund as of February 28, 1969, were filed and copies distributed to each Board member.
accounts allowed
Travel expenses were approved for members of the East Central Florida Regional Planning Council when attending meetings out of the County, on motion of Commissioner VanAuken seconded by Commissioner Hoskinson and carried.
On motion of Commissioner Carson seconded by Commissioner Macdonell and carried, travel expenses were approved for Paul Milton, Margaret Gebhart and Jean Tombow to attend Annual Meeting of Florida Anti-Mosquito Association in Winter Park on April 20-23.
Statement from the City of Eustis for the County’s share of improvement to Lindale Avenue authorized September 5, 1967, in the amount of $200.00, was approved on motion of Commissioner Carson seconded by Commissioner Hoskinson and carried.
On recommendation of the Planning Director and on motion of Commissioner Hoskinson seconded by Commissioner Carson and carried, IBM Typewriter in the amount of $468.00, was approved.
On motion of Commissioner Hoskinson seconded by Commissioner VanAuken and carried, travel expenses were approved for J. C. Watkins to attend Annual Conference on Planning & Zoning in Tampa, April 30-May 3.
Travel expenses were approved for J.C. Watkins and Tom Chapman to attend Civil Defense Conference in Saint Petersburg on May 7 -9, on motion of Commissioner Carson seconded by Commissioner Hoskinson and carried.
On motion of Commissioner Macdonell seconded by Commissioner Carson and carried, payment was approved to Harvey Spears, General Contractor, in the amount of $11,150.10 for work performed on the Lake County Health Center.
On motion of Commissioner Carson seconded by Commissioner Hoskinson and carried, the Board approved payment of $122,000.00 to the Waterman Memorial Hospital from the Northeast Lake County Hospital District.
On motion of Commissioner VanAuken seconded by Commissioner Macdonell and carried, reimbursement for March expenses in the amount of $2,083.33 to the Lake County Chamber of Commerce was approved.
Payment to the East Central Florida Regional Planning Council in the sum of $541.88, Lake County pro-rata share of March expenses was approved on motion of Commissioner Hoskinson seconded by Commissioner Carson and carried.
Request from the Lake County Extension Office for $60.00 to cover expenses of six 4-H leaders to attend forum at Cherry Lake April 11-13 was approved on motion of Commissioner Macdonell seconded by Commissioner Carson and carried.
Request for travel expenses from W. T. Mills to attend Semi-Annual Juvenile Counselor Conference in Palm Beach April 30 – May 2 was approved on motion of Commissioner Macdonell seconded by Commissioner VanAuken and carried.
Request from the Clerk of Circuit Court for $1,200.00, advance to pay State Trial Witnesses and Insolvent Defense Trial Witnesses before the Spring Term of Court, was approved on motion of Commissioner Hoskinson seconded by Commissioner VanAuken and carried.
Request from Tax Collector for $14,403.28 commissions on taxes collected was authorized on motion of Commissioner Macdonell seconded by Commissioner Hoskinson and carried.
Quotations on air conditioner to be installed in the Wells Warehouse were referred to Commissioner Carson and he was authorized to investigate and accept the best and lowest bid.
On motion of Commissioner Hoskinson, seconded by Commissioner Carson and carried, the following vouchers were approved for payment:
|
General Revenue Fund |
1175-1426 |
|
Mosquito Control – State I Fund |
25-32 |
|
Mosquito Control – State II Fund |
25-29 |
|
Motor Vehicle Inspection Fund |
122-147 |
|
Fine & Forfeiture Fund |
122-142 |
|
Road & Bridge Fund |
424-488 |
|
Health Clinic Fund |
3 |
|
South Lake Memorial Hospital District Fund |
5 |
|
South Lake Memorial Hospital District Ambulance Fund |
5 |
|
Northeast Lake County Hospital District Fund |
4-5 |
|
Northeast Lake County Hospital District Ambulance Fund |
9-10 |
|
Northwest Lake County Hospital District Fund |
5 |
|
Northwest Lake County Hospital District Ambulance Fund |
9-10 |
funds transfer
On motion of Commissioner Carson seconded by Commissioner VanAuken and carried, the Clerk was authorized to make the following transfers of funds:
General Revenue Fund – Transfer $100.00 from Account No. 67745-1 to Account No. 87782
General Revenue Fund – Transfer $192.00 from Account No. 67704-1 to Account No. 67704-3
communications
Commissioner VanAuken informed the Board he has received a communication from the Alexander Springs Boat Club asking that the speed limit in the Springs’ waters not be increased.
Chairman Windram stated the National Rivers and Harbors Congress will be held in Washington, D.C. May 13-16.
Request from the Chairman of the newly formed Inter-Agency Council of Lake County for a member of the Board to attend meetings of the Council on the third Wednesday of each month at the Sunrise Workshop at 1:30 P.M. was read and filed.
reports
The following monthly reports were filed with the Board:
Agricultural Agents
Home Demonstration Agent and Assistants
Welfare Director
Florida Division of Corrections regarding Lake County Jail and Stockade
Cigarette Tax Collections and Distributions for February
Florida State Board of Health Statistical Report
There being no further business to bring before the Board, the meeting adjourned at 5:10 o’clock P.M.
___________________________________ ______________________________
CLERK CHAIRMAN