MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
MONDAY – june 9, 1969
A regular meeting of the Board of County Commissioners of Lake County, Florida, was held in the County Commissioners’ Room in the Courthouse, Tavares, Florida, on Monday, June 9, 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. Others present were County Attorney C. E. Duncan, County Engineer Gordon Hays, Jr., Director of Planning James C. Watkins, Clerk of Circuit Court Frank E. Owens, and Deputy Clerk Norma H. Coven.
The meeting was called to order by Chairman Windram, and the invocation was given by Mr. Hays.
Commissioner Macdonell reported Mrs. Nonnie Gray of Mascotte is still eligible to receive a Confederate Pension and moved that same be approved. The motion was seconded by Commr. Carson and carried that Mrs. Gray receive the pension under the provisions of Chapter 291.16, Florida Statutes.
right of way – roads
On the recommendation of Commissioner Macdonell, the Engineer was instructed to survey the right of way from SR 33 to the Empire Church Road.
road & bridge dept.
On a motion by Commr. Macdonell, seconded by Commr. Hoskinson and carried, the Road and Bridge Department was authorized to haul ten (10) loads of clay to the Florida Baptist Encampment parking area.
Commr. Hoskinson reported that Dr. Hall contacted the Medical Association relative to the Association fixing a fee for examining County employees, and he advises the Association is against such a policy.
A request from Verna Eastwood, Welfare Director, for vacation leave from June 16 – June 20 was approved by the Board.
Willie Chambliss was present and informed the Board he is a former guard for the County and transferred to the Motor Vehicle Inspection station as an Inspector. He has been discharged effective June 20 due to the cutback in personnel at the Motor Vehicle Inspection stations. Mr. Chambliss stated he has been an employee of the County for six years and has a family of three children. He requested pay for sick leave accumulated. Mr. Hays advised Mr. Chambliss he would receive two weeks’ vacation or termination pay, but it is not the Board’s policy to compensate an employee for sick leave. The Board members concurring, Chairman Windram said he feels the Board should abide by the recommendations of Mr. Chambliss’ immediate superior; however, he should be considered for any future employment.
autos & trucks
The Attorney was directed to contact the insurance company with reference to immediate action to have Ford Dump Truck, County No. 3619, properly repaired and returned to the County for use.
Commr. Macdonell explained he has received complaints that a drainage pipe under SR 33 from the Groveland School Athletic Field is washing onto private property, but he feels this is a responsibility of the School Board. Engineer Hays was instructed to check for an easement.
Commr. Hoskinson reported on complaints from residents that a Safety Patrol is needed in the South Chain of Lakes. Sheriff McCall was present and stated he was under the impression the South Lakes Waterways Club handled this. Commr. Hoskinson said he will contact them and ask them to resume their efforts in this regard.
Commr. Hoskinson said he has received complaints that the lakes between Lake Susan and Lake Louisa are clogged with hyacinths. He was instructed to discuss this with the Chairman of the Oklawaha Water Authority, as they have received the same complaints and are taking corrective measures.
At this time, the Honorable Claude Kirk, Governor of the State of Florida, appeared and was welcomed by the Chairman. During the discussion of new road construction, the Governor commented that Lake County is not the only county in the state not ready for Disney World. Governor Kirk asked the Board to get a commitment from the members of the Legislative Delegation regarding their views for a special session to adopt a road program and the method for funding such a program.
Other matters discussed with the Governor were water pollution, the Lake Okeechobee mining operation, additional Highway Patrol Troopers, new industry, and the possibility of other matters being brought before a special session.
On leaving, the Governor said he will have a representative from the Development Commission visit the Board. Chairman Windram presented a prize watermelon to the Governor.
On a motion by Commr. Carson, seconded by Commr. Macdonell and carried, the following changes were approved to the present indigent list:
District No. 1 – ADD Larry Lawson $21.28
2 – ADD Thedie Maylor $13.51
3, 4, & 5 – No change
laws & legislature
On a motion by Commr. Hoskinson, seconded by Commr. VanAuken and carried, a resolution was adopted recommending to the Governor and the members of the legislature that a special session of the legislature be called for the primary purpose of providing for the establishment and funding of a roadway system within the State of Florida and particularly within Central Florida, and requesting that the Senators and Representatives express to this Board their opinions as to the need of adopting a road program and their opinion as to the necessity of calling a Special Session to consider such a program.
The Attorney was directed to study the correct procedure to implement the Act providing for the County to make its own ordinances. (House Bill #35, General Act).
licenses & permits
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried, a resolution was adopted and directed to the US Corps of Engineers opposing the granting of a permit to Coastal Petroleum Company to mine lime rock in Lake Okeechobee.
The Engineer filed the following Use Permit:
To the City of Leesburg for the construction and maintenance of a natural gas line along County Road 1-6006 in North Fruitland Park.
It being the time advertised to receive bids for Workmen’s Compensation Insurance, the Chairman directed the Clerk to open and tabulate the bids, whereupon Clerk Owens reported receiving bids from the following:
American Mutual Liability Insurance Co. $13,345.00
First National Insurance Agency (Travelers) $12,456.00
Durrance Insurance Inc. (Travelers) $12,456.00
Durrance Insurance, Inc. (National Ben Franklin) $12,432.00
First National Insurance Agency (Aetna) $8,475 minimum to $16,250 max*
Based on Respective Plan “J.”
Noblitt Insurance Agency (Nationwide) $12,460.00
On a motion by Commr. Macdonell, seconded by Commr. VanAuken and carried, the low bid of Durrance Insurance, Inc. with the National Ben Franklin Ins. Co. of Pittsburg was accepted, and the Clerk was instructed to invite all bidders next year to bid on the retrospective plan.
maps and plats
Mr. Jack Cooper, Attorney, was present and presented the Plat of Orlando Hills, stating the owners are willing to submit a $50,000 bond to cover the items not completed in the subdivision in order to get the plat on record before the new regulations go into effect. Engineer Hays informed the Board the roads within the subdivision are not complete, the lots have not been staked, and permanent street signs are not erected.
Attorney Duncan reviewed the title report issued by Lawyers Title Guaranty Fund of Orlando, Policy #06 333155 as of November 26, 1968, which shows the title to be in good form, with a dedication agreement from the mortgagees agreeing to the right of the purchases to access to his property. A letter from the County Engineer was filed advising that the percolation and soil analysis test submitted by Ardaman & Associates appears to be satisfactory for septic tank type sewage disposal. Also, a more recent letter from the County Engineer recommending that no more than 210 septic tank permits be issued in accordance with a resolution dated April 1, 1968. Attorney Duncan further stated the lots are all fifty feet in width and the property adjoins a state highway.
Commr. VanAuken moved that the Plat of Orlando Hills be accepted and approved with the stipulation that the owners will deposit a $50,000 bond to cover the completion of the improvements as stated above. The motion was seconded by Commissioner Hoskinson and carried.
Harry Mielke appeared with reference to the Plat of Golden Heights, Third Addition, approval of which was deferred by the Board on June 2, 1969 for title report and percolation tests. Attorney Duncan submitted a title report issued by Inland Title Division of Lawyers Title Insurance Corp. Policy No. 138-556 and advised the title seems to be in good form. The streets have been released from the mortgage. A letter from the County Engineer that percolation and soil analysis test submitted by R. O. Newman appear to be satisfactory and recommending that septic tank type sewage disposal be allowed. The Engineer further advised permanent street markers have not been erected. On a motion by Commr. Macdonell, seconded by Commr. Carson and carried, the Plat of Golden Heights, Third Addition, was accepted and approved for the record.
E. T. Hall appeared and submitted the Plat of Holiday Haven Campsites, Unit No. 2. Attorney Duncan filed a title report issued by Lake Abstract & Guaranty Co., Policy No. FE-89139 showing the title to be in good order and a partial release releasing the streets from the mortgage. A letter from the County Engineer was filed recommending that septic tank type sewage disposal be allowed, provided that the tank and drain field are placed at the front of the lots next to the streets. The letter also states that all streets are surfaced, but no permanent type markers are erected. On a motion by Commr. Carson, seconded by Commr. VanAuken, the Plat of Holiday Haven Campsites, Unit No. 2, was accepted and approved for the record.
recess and reassembly
The meeting recessed for lunch at 12:15 p.m. and reconvened at 1:30 p.m. to take up the remaining items of business.
The Board considered a tentative agenda to consider budget requests at 1:00 p.m. on June 10 and again at 1:00 p.m. on June 17. The Clerk was instructed to so notify the parties.
Jim Livingston and Delos Kane appeared relative to the County extending the seining program to Lake Yale and also requested funds to repair the seine net. Chairman Windram asked Mr. Livingston to return to the special meeting on June 10 to discuss this when figures will be available.
On the recommendation of the Attorney and on a motion by Commr. Macdonell, seconded by Commr. Hoskinson and carried, a quit claim deed was authorized as follows:
To: Lewis C. Farner and wife, Patricia A. Farner
Lots 1 and 2 in Block 56, according to the Supplemental Plat of Sections 29 and 32, a portion of Tavares, in Township 19 South, Range 26 East, as shown on Revised Sheet No. 10, filed by the Department of Interior of the General Land Office.
planning and zoning
On the recommendation of the Planning and Zoning Commission and on a motion by Commr. Macdonell, seconded by Commr. Hoskinson and carried, a resolution was adopted amending the Zoning Rules and Regulations as they pertain to the following tracts of land, to the Classification designated after each description:
(See Resolution on page 443 of Minute Book 21)
It now being the time advertised to hold a public hearing on a request to consider a Conditional Use Permit for the construction and operation of a travel trailer park, campground, mobile home facilities, motel and gas station at the following location:
That portion of the SE ¼ of SW ¼ of Sec. 22, Twp. 21 S., Rge. 25 E., lying South of Highway 27, which is in an Agriculture and Rural Enterprise Zone (CUP 131-2).
The Chairman called for interested parties to be heard at this time.
Arthur Roberts appeared in behalf of adjoining property owner Charles Jones and objected to the request.
Bill Boyd appeared in support of the request.
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried, the permit was granted. Commr. Macdonell voted “no.”
It now being the time advertised to hold a public hearing on the request to consider a Conditional Use Permit for the placement of a mobile home as a caretaker residence in and on the following property:
Begin 2310 feet West and South 36 degrees West 1342 feet, from NE corner of Sec. 26, Twp. 19 S., Rge 26 E., run South 36 degrees West on East line of Govt. Lot 6, a distance of 460.6 feet, thence North along road 384 feet, thence East to POB.
(which is in a Rural Commercial District Zone – CUP 127-3)
The Chairman called for interested persons to be heard at this time.
The following appeared in objection to the above request: John Bogiel, Myrtle Hindman, Lester Dingee, and Paul Miller.
The applicant W. R. Yeager was present in support of the request.
On a motion by Commr. Carson, seconded by Commr. VanAuken and carried, the permit was granted.
There being no objections or complaints, the following Conditional Use Permits were approved on the recommendation of the Planning and Zoning Commission and on a motion by Commr. Macdonell, seconded by Commr. Hoskinson and carried: Nos. 128-1, 126-5, and 129-3.
Norman C. Robinson appeared and complained that D. T. Larabee has closed off Mills Street in Haines Creek Mobile Homesites. Commr. VanAuken agreed to contact Mr. Larabee regarding this.
Commr. VanAuken presented a letter from Frank Neff complaining of the hyacinths in Lake Norris. The Clerk was directed to notify Mr. Neff the spray program is behind schedule and that Lake Norris will be sprayed as soon as possible.
contracts and agreements
Clerk Owens submitted a lease agreement signed by Swann Groves, Inc., wherein Lake County agrees to lease certain property for landfill purposes at an annual rental of $1.00. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried, the Chairman was authorized to execute the agreement and the Clerk was directed to issue a warrant in the sum of $1.00.
Engineer Hays informed the Board the property covered under Tax Certificate No. 226 dated June 1, 1967 is a right of way on County Road #5-8591. On a motion by Commr. Macdonell, seconded by Commr. VanAuken and carried, the Clerk was authorized to redeem the certificate in the amount of $69.31.
bonds – misc.
On a motion by Commr. Macdonell, seconded by Commr. Carson and carried, the following bonds were approved:
Contractors’ Bonds No. 430-432
Deputy Sheriff Bond for Lunn Borton Lanning
Bond for Carrying Firearm for James Willis
outdoor recreational facilities
Attorney Duncan advised that the petition for annexation of the Wayside Park in Lake Eustis has been signed and approved by the Trustees of the Internal Improvement Fund, and the petition has been forwarded to the City of Tavares to proceed with the annexation.
Attorney Duncan reported that Chapter 119.04, Florida Statutes, provides for the photographing and destruction of public records upon submission of an application to the Secretary of State, the Attorney General, and the State Auditor.
opinions – legal
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried, Attorney Duncan was instructed to obtain an opinion from the Attorney General relative to public and prescriptive roads.
roads – state
Clerk Owens presented a notice from the State Road Department that the Department has abandoned Kurt Street from SR 19A north and east to Lakeview Street and SR 19 in Eustis, and future maintenance will be the responsibility of Lake County.
The Chairman advised that the petitioners who are requesting the closing of a platted street in Eldorado Heights have agreed to deed ten feet of right of way to the County, and he authorized publication of the notice to close the street. On a motion by Commr. Carson, seconded by Commr. Macdonell and carried, the action of the Chairman was approved to advertise the notice to close the following described street:
AN UNNAMED STREET, as shown on the Plat of Eldorado Heights as filed and recorded in the public records of Lake County, Florida, in Plat Book 3, Page 7, more particularly described as follows:
Begin at the Northeast corner of Lot 172 in the said Eldorado Heights, thence run westerly along the Northerly line of Lot 172 in the said Eldorado Heights to the Northwest corner of the said Lot 172; thence run Northerly along a Northerly extension of the Westerly line of the said Lot 172 to the waters of Lake Eldorado, the said point being hereby designated as Point “A;” Begin again at the point of beginning, thence run Northerly along a Northerly extension of the Easterly line of Lot 172 in the said Eldorado Heights to the waters of Lake Eldorado; thence run westerly along and with the waters of the said lake to the above designated Point “A.”
road maintenance – subdivision
Engineer Hays explained to the Board there is a balance of only $279.70 due on the resurfacing of Ocklawaha Drive. Understand the amendment to Chapter 63-1505 has passed. Commr. Hoskinson moved that the County pay the difference of $279.70 to resurface Ocklawaha Drive. The motion was seconded by Commr. Carson and carried.
The Attorney was instructed to notify Mr. Paul Dinsmore the manner in which funds advanced by him for resurfacing Rainbow Ridge and Broadvue Heights will be returned to him.
On the recommendation of the Engineer and on a motion by Commr. VanAuken, seconded by Commr. Hoskinson and carried, Cypress Drive in the Tropical Shores Subdivision was accepted as a County-maintained road (County #5-6254).
Engineer Hays reported the estimated cost to resurface the following streets in the Chain o’Lakes Subdivision will be $9,650, plus Smart’s Hill Road (County #3-1246):
County Road #3-1244, 3-1245, 3-1344, and 3-1345.
roads - county
Engineer Hays presented a map of Woods Road, a County road by prescriptive right, (County #3-0854). Mr. Hays advised that the road has been maintained by the County for four years. On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried, the map was accepted and approved and the Clerk was authorized to record same upon the public records.
suits affecting county
Attorney Duncan reported on the suit involving the Dora Canal property. There is a possibility of an agreement with the purchaser whereby the suit can be dismissed.
road maintenance – municipal corporations
Engineer Hays reported he contacted several contractors relative to street improvement in the Town of Howey and none were interested. Mr. Hayes presented a check in the amount of $1,750.13 from the Town of Howey. On a motion by Commr. Macdonell, seconded by Commr. VanAuken and carried, the check was accepted, and the Road & Bridge Department authorized to double surface treat the following streets in the Town of Howey:
Myrtle Street from SR 19 to Lakeshore Drive
Cedar Street from SR 19 to Lakeshore Drive
Palmetto Street from SR 19 to Lakeshore Drive
Lakeshore Drive from Croton Street to East Camilla Way
Oak Street from SR 19 to Dixie
On a motion by Commr. Hoskinson, seconded by Commr. VanAuken and carried, the Building Department was authorized to accept construction of precast lintels provided they are certified by the manufacturer and meet the Lake County Building Code.
Commr. Hoskinson reported on the controversy involving death certificates. Dr. Hall recommends the County should employ a coroner. Sheriff McCall was present and stated he has an opinion from the Attorney General that the County Judge should not sign death certificates unless there is an inquest. Opinion also rules that the County Health Director as well as any practicing doctor may sign death certificates.
On the recommendation of the Planning Director and on a motion by Commr. Carson, seconded by Commr. Hoskinson and carried, the Clerk was authorized to refund $14 to Chas. G. Matthews due to an error in calculation on Building Permit No. 9800.
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried, $1,027.74 to the East Central Florida Regional Planning Council was approved as Lake County’s pro rata share of May expenses.
On a motion by Commr. VanAuken, seconded by Commr. Carson and carried, the proposal from Coffey Plumbing & Electric to furnish and install an air conditioning unit in the Veterans Service Office for $245 was accepted as the best and lowest bid.
Architect’s fees in the amount of $557.18 to Jack Jones for work performed on the Tavares Health Building were approved on a motion by Commr. Macdonell, seconded by Commr. Carson and carried.
Payment No. 3 to Harvey Spears General Contractor in the sum of $16,301.70 for work performed on the Tavares Health Building was approved on a motion by Commr. Macdonell, seconded by Commr. Carson and carried.
On a motion by Commr. VanAuken, seconded by Commr. Carson and carried, payment in the amount of $216.75 was approved to Waterman Memorial Hospital for an indigent juvenile under case #3931.
On a motion by Commr. Macdonell, seconded by Commr. VanAuken and carried, the low proposal from Southern Printing in the amount of $321 for a secretarial desk and chair for the Small Claims Office was accepted.
The low proposal from Southern Printing Company in the sum of $53.80 for the Statement of Claim forms was accepted for the Small Claims Office on a motion by Commr. Macdonell, seconded by Commr. VanAuken and carried.
On a motion by Commr. Macdonell, seconded by Commr. Carson and carried, advance in the amount of $150 was approved for 4-H delegates and leader to attend 4-H Congress in Gainesville, July 28 – August 1, 1969.
Expenses to Bill Bryant in the amount of $23.10 for transporting a veteran from the Lake County Jail to the Veterans Hospital in Gainesville was approved on a motion by Commr. Hoskinson, seconded by Commr. Macdonell and carried.
On a motion by Commr. Hoskinson, seconded by Commr. VanAuken and carried, the Sheriff was authorized to transfer $5,000 from the Contingency Item to the Operating Account in his budget to cover Social Security and Retirement matching funds and the installation of new telephone equipment.
A request from the Northeast Florida State Hospital for reimbursement of expenses in the amount of $310 to transfer a patient from MacClenny to Arkansas State Hospital was approved on a motion by Commr. VanAuken, seconded by Commr. Macdonell and carried.
On a motion by Commr. Hoskinson, seconded by Commr. Carson and carried, expenses were approved for the Assistant Superintendent and Assistant Matron to attend a workshop for house parents at Stetson University on June 23 – 27.
The June allotment in the amount of $2,083.33 to the Lake County Chamber of Commerce was approved on a motion by Commr. Carson, seconded by Commr. Hoskinson and carried.
Releases of liens were filed in accordance with a contract with A. W. Smith & Son for the erection of the Information Booth in the Courthouse lobby, and payment of retainage in the sum of $423.50 was approved on a motion by Commr. Carson, seconded by Commr. Hoskinson and carried.
On a motion by Commr. Hoskinson, seconded by Commr. VanAuken and carried, the following vouchers were approved for payment:
General Revenue Fund 1646-1865
Mosquito Control – State I 40-45
Mosquito Control – State II 35-39
Auto Inspection 174-197
Fine & Forfeiture Fund 167-187
Road & Bridge Fund 572-639
Capital Outlay – Health Center 5-6
NE Lake County Hosp. Ambulance 12
NW Lake County Hosp. Ambulance 12
Clerk Owens submitted a notice from the Southwest Florida Water Management District relative to a public hearing in Brooksville on July 9, 1969 at 1:30 p.m. to consider proposed Rules and Regulations for the development, control, conservation and use of water resources, with particular reference to ground water resources.
Monthly reports from the Veterans Service Officer was filed.
There being no further business to bring before the Board, the meeting adjourned at 5:00 P.M.