MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
MONDAY – November 3, 1969
A regular meeting of the Board of County Commissioners of Lake County, Florida was held in the Commissioners’ Room in the Courthouse, Tavares, Florida, on Monday, November 3, 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 Clerk of Circuit Court Frank E. Owens, County Attorney C. E. Duncan, County Engineer Gordon Hays, Jr., and Deputy Clerk Norma H. Coven.
The meeting was called to order by Chairman Windram and the invocation was given by Mr. Hays.
On motion of Commr. Hoskinson, seconded by Commr. VanAuken and carried, the minutes of regular meeting held October 6, 1969 were approved as submitted.
On motion of Commr. Hoskinson, seconded by Commr. Carson and carried, the minutes of the regular meeting of October 13, 1969 and special meeting of October 15, 1969 were approved as submitted.
Commr. Carson reported he has contacted the agent relative to the difference in the premiums on the hospital liability for the Nursing Home, and the Agent is contacting the company for a possible reduction in the premium.
Attorney Duncan submitted letter from the Insurance Commissioner concerning requirements for future insurance bids. The letter recommends adequate financial protection according to Best’s Guide: a financial rating of AA+ and a policyholders’ rating of A. This matter will be pursued further by the Board.
On recommendation of the County Planner and on motion of Commr. Macdonell, seconded by Commr. Hoskinson and carried, the Board approved the employment of Thomas Evans Moon as Clerk in the Building Department at an annual salary of $4,000.00 effective November 4, 1969. Salary to be increased to $4,200.00 in three months if warranted.
Funds – transfers
Mr. Watkins advised the Board the transfer authorized previously to correct the salary of the secretary in the Civil Defense Department was in error, and an additional transfer of $260.00 is required to bring the salary to the correct figure of $4,684.00 annually. The board deferred action on this until the next meeting.
Noel Griffin, Jr. and Mr. Wise were present relative to an experimental aerial spraying program to control mosquitoes. Chairman Windram said he and Commr. Macdonell and the Mosquito Control Director met with these gentlemen and it was determined that due to the heavy concentration of mosquitoes, the City of Leesburg would be the logical place to do the experimental spraying. Cost to the County will be $6.00 per gal. or one application over the City of Leesburg for $60.00, compared to $132.00 per application by spray truck. On motion of Commr. VanAuken, seconded by Commr. Carson and carried, the Board approved a trial spray program for the City of Leesburg not to exceed $500.00.
Board of public instruction
Don Berry, School Board member, appeared and expressed appreciation for the County’s efforts in the construction of sidewalks along Griffin Road (SR44). Mr. Berry asked the Board’s consideration of constructing sidewalks from Thomas road to Beecher Street at the Leesburg Junior High School. This matter was referred to the Engineer to determine the cost.
The Clerk presented a letter from the Honorable Bill Chappell requesting a meeting with the Board members and other interested parties relative to drafting legislation concerning water pollution. The Chairman instructed the Clerk to notify Mr. Chappell the Board members and the Pollution Control Board members will meet with him at 2:30 o’clock in the afternoon on November 11, 1969 in the Commissioners’ Room in the Courthouse, Tavares.
Elections – special
Chairman Windram submitted notice from the County Judge that the Organizational Meeting of the Canvassing Board for the November 4th Special Election has been scheduled for Wednesday, November 5, 1969, at 9:00 o’clock A.M.
Commr. Hoskinson stated he has received numerous complaints of the levels of the lakes throughout the county. Mr. Carson informed the Board the Southwest Florida Water Management District is the controlling authority regarding lake levels. In order to know how to answer the complaints of high water, Commr. Carson and Commr. Macdonell were instructed to determine from the Oklawaha Water Authority and the Southwest the manner in which the levels were established.
It now being the time advertised to receive bids on the following equipment, the Chairman directed the Clerk to open and tabulate the bids, whereupon, the Clerk reported receiving the following bids:
Carlton Company – 1 Caterpillar D6C Bulldozer $38,815.00
Less Trade In 4,315.00
Net Price $34,500.00
1 Caterpillar 12F Motor Grader $33,270.00
Less Trade In 2,770.00
Net Price $30,500.00
Ringpower Corp. – 1 Caterpillar D6C Bulldozer $38,615.00
Less Trade In 3,500.00
Net Price $35,115.00
1 Caterpillar 12F Motor Grader $33,230.00
Less Trade In 2,000.00
Net Price $31,230.00
Jos. L. Rozier Machinery Co.
1 Caterpillar D6C Bulldozer $35,810.00
Fleco Root Rake 2,275.00
Fleco Clearing Cab 390.00
Less Trade In 5,000.00
Net Price $33,475.00
1 Caterpillar 12F Motor Grader $32,921.00
Less Trade In 3,000.00
Net Price $29,921.00
State Tractor and Equipment Co.
1 International TD-15B Crawler Tractor $37,780.15
Less Trade In 6,420.15
Net Price $31,360.00
L Galion 118-B Motor Grader $30,693.50
Less Trade In 11,927.10
Net Price $18,766.40
On motion of Commr. Hoskinson, seconded by Commr. Carson and carried, the bids were referred to the Engineer for study and recommendation to the Board.
Mr. Bob Boswell representing Time Insurance Company was present and submitted written report of the group plans on county employees for the period October 1, 1968 to October 1, 1969, showing there was a total of 73 claims paid in the amount of $18,262.94 compared to total premiums collected amounting to $16,150.84. Mr. Boswell said due to the over-all loss ratio of 156%, the company is recommending an increase in premiums. The Chairman instructed the Attorney to study the master policy and determine if the employees can be expected to pay a premium increase.
It now being the time advertised to consider for adoption an Ordinance empowering Lake County to establish and operate a garbage collection and disposal service, the Chairman called for interested persons to be heard. No one appearing to object to the Ordinance, Commr. Hoskinson moved that the Board waive the reading of the full bill. The motion was seconded by Commr. Carson and carried. On recommendation of the Attorney, the Chairman appointed Commissioners Carson and Macdonell to study the proposed ordinance and make their recommendations at the first meeting in December.
Roads – state
LeRoy Stout, Mayor of Fruitland Park, appeared and presented permit from the Department of Transportation to Lake County for the purchase, installation and maintenance of a flashing beacon at the intersection of SR S-25-A and SR S-466-A. Mayor Stout said the Town of Fruitland Park will maintain the signal. This matter was referred to the Engineer to determine what funds will pay the purchase price and the installation. A further discussion was held on this later in the day and the Attorney was directed to inform Mayor Stout if the Town of Fruitland Park will pay the purchase price and installation cost, the Board has no objection the beacon at this location.
Chairman Windram read a not from the Department of Transportation advising a public hearing will be held in the Leesburg City Commission Chambers, November 25, 1969, at 2:00 P.M. regarding the social and economic effects of the proposed improvements to SR 25 from Dixie Avenue to Shine Avenue in the City of Leesburg.
Roads – subdivisions
Herbert W. Phillips of Associated Engineering Co. Inc. appeared relative to additional dedication and partial vacation of Deerwood Drive in Orlando Hills Subdivision, due to a portion of the road lying within a swamp causing construction and maintenance problems. Mr. Phillips said he can obtain dedication from Mr. Charles Bradshaw to relocate the road. He was instructed to obtain the dedication and present same to the Board for further consideration.
Mr. Phillips asked if the $50,000 bond the owner has deposited with the Board can be released. Engineer Hays advised Deerwood Drive in covered under the Bond and do not recommend release at this time.
Recess and reassembly
The meeting recessed for lunch at twelve o’clock noon and reconvened at 1:30 o’clock P.M. to take up the remaining items of business.
Roads – state
Chairman Windram submitted a letter from the City of Eustis relative to a building projecting into the right of way of Orange Avenue (SR 44). The Department of Transportation advises they have no jurisdiction over this encroachment, as there is no right of way resolution involved in this project. The Attorney was instructed to pursue this matter with the City of Eustis.
On motion of Commr. Macdonell, seconded by Commr. VanAuken and carried, Mr. John Wyckoff was appointed to represent Lake County on the inter-agency team to study the outdoor recreation potential of the Green Swamp Reservoir area. This appointment was made at the request of Mr. Ney C. Landrum, Associate Director, Division of Recreation and Parks.
The Board members concurring, Chairman Windram directed Commr. Hoskinson to contact Howell Hopson, Architect, concerning repairs and improvements to the third floor of the Courthouse.
On recommendation of the Civil Defense Coordinator and on motion of Commr. Hoskinson, seconded by Commr. Carson and carried, the Board designated Sunday, November 9, 1969 as National Prayer Day to counteract the proposed students for Democratic Society and other communistic demonstrations.
Attorney Duncan submitted proposed resolution recommended by the Civil Defense Coordinator relative to mutual aid agreements between various counties pledging resources for relief in the event of disaster striking a given area. No action was taken by the Board.
Commr. Hoskinson filed written report of meeting concerning health and sanitation regulations for existing and proposed poultry farms within the county. On motion of Commr. Macdonell, seconded by Commr. Carson and carried, the recommendations as submitted were approved and the Clerk was instructed to forward copy of the report to the Health Department.
Roads – county
On motion of Commr. Macdonell, seconded by Commr. Hoskinson and carried, the Board declared the following described road to be a public road by prescription, based upon evidence submitted, and subject to use by the public, and that the road shall remain open at all times:
Commence at the West quarter corner of Section 14, Township 22 South, range 24 East, thence run East along the East and West quarter line of said Section 2,700 feet more or less, to the centerline of SR 50; then run Northwesterly along the centerline of SR 50 1, 150 feet more or less to the Point of Beginning of the “American Legion Road” Mascotte, Florida; thence run northeasterly and northerly along said centerline, a distance of 1,100 feet more or less to the American Legion Post, Mascotte, Florida.
On motion of Commr. Macdonell, seconded by Commr. Carson and carried, a resolution was adopted establishing a maximum speed limit of 25 miles per hour on County Road #2-3130 in Yalaha.
On motion of Commr. Carson, seconded by Commr. VanAuken and carried, County Road #3-0854 was designated as Hartwood Road and the Engineer was instructed to erect the proper name sign.
The Sheriff was requested to police Lake Minnehaha Lakeshore Drive more closely to apprehend drag racers.
Laws and legislation
The Chairman request the Board members to review the memorandum presented at the last meeting from the Florida Association of County Health Officers relative to more equitable legislation concerning State-County Public Health Programs, as he feels the Board should take action of this.
Relative to the Act waiving the counties immunity for liability for tort actions, memorandum from the State Association was read and filed urging the repeal of this Act; also, resolution from DeSoto County and memorandum from Santa Rosa County. On motion of Commr. Hoskinson, seconded by Commr. VanAuken and carried, a resolution was adopted requesting the legislature to repeal this Act at the next session.
Resolution from Charlotte County was read concerning more equitable distribution of tax money received from owners of mobile homes. The Attorney was instructed to prepare a similar resolution for the board’s study and review.
Resolution from Gadsden County was read and filed opposing the consolidation of the sixty-seven counties in Florida into a lesser number.
On motion of Commr. Carson, seconded by Commr. VanAuken and carried, the action of the Chairman and Clerk was approved in authorizing admission to the W. T. Edward Tuberculosis Hospital for Wilbert Smith.
Bonds – misc.
On motion of Commr. Carson, seconded by Commr. Hoskinson and carried, firearms bond for Ernest C. Aulls, Jr. was approved.
Bond for Carrying firearms for Russell W. Harned was referred to the Sheriff.
Contractors’ bonds for certificates of competency were approved on motion of Commr. Carson, seconded by Commr. VanAuken and carried:
No. 459 – W. D. DuPont & Sons, Inc.
460 – Charles W. Cunningham
461 – S. D. Parsons
462 – Matthew Comati, Sr., d/b/a Florida Coating Corp.
463 – W. D. Pilcher
Renewal 306-70 – Ralph Kaschai
Licenses and permits
The Engineer filed the following Use Permits:
To the City of Tavares for the construction and maintenance of water line along County Road #3-5154 between Tavares and Eustis.
To Mrs. B. F. Cooper for the construction and maintenance of water line under County Road #5-6836 between SR 452 and County Road #5-6835.
No. 166 to Florida Telephone Corp. for the construction and maintenance of aerial wire along a portion of County Rd. 1-8010 between U.S. 27 and County Rd. #1-7906.
No. 167 to Florida Telephone Corp. for the construction and maintenance of poles and aerial wire along a portion of County Rd. #3-5154 between U.S. 441 and Eustis.
No. 168 to Florida Telephone Corp. for the construction and maintenance of buried cable along a portion of County Rd. #2-0611 between SR 33 and Bay Lake Road.
No. 169 to Florida Telephone Corp. for the construction and maintenance of buried cable along County Rd. #2-0611 between SR S-565 and SR 33.
On motion of Commr. Hoskinson, seconded by Commr. Carson and carried, mike for Gray Audograph, Property No. 3957, was declared obsolete and of no value and same was removed from the inventory.
Contracts and agreements
The Chairman and Clerk were authorized to execute agreement with Silver Sand Co. of Leesburg, Inc. on motion of Commr. Hoskinson, seconded by Commr. Carson and carried. Said agreement covers the construction of County Road #3-0854, known as “Woods Road”.
Paving contract with Carroll Contracting Co., Inc. to surface Lake Dora Drive was approved on motion of Commr. Carson, seconded by Commr. VanAuken and the Chairman and Clerk were authorized to execute same.
On recommendation of the Attorney, the Board deferred action on contract with the City of Eustis regarding services at the fairgrounds.
Clerk Owens advised the contract with Leesburg Cablevision, Inc. calls for a financial accounting on the first anniversary, which is November 26, 1969. He was instructed to request an accounting of any receipts received on county roads.
On motion of Commr. VanAuken, seconded by Commr. Hoskinson and carried, the Clerk was authorized to notify Leesburg Transfer and Storage, Inc. contract for storing and hauling voting machines is extended for one year.
Right of way easements – except roads
On recommendation of the Engineer and on motion of Commr. Carson, seconded by Commr. VanAuken and carried, a permanent easement was accepted from Emmett B. Peter, Jr. and wife, to Lake County on the following described property:
THE SOUTH 15 feet of: Lot 1, Piney Woods Subdivision, as recorded in Plat Book 17, Page 11, Public Record of Lake County, Florida.
On recommendation of the Engineer and on motion of Commr. Hoskinson, seconded by Commr. Carson and carried, a permanent easement was accepted from E. Earl Davenport, to Lake County on the following described property; also easement from Walter V. Huebscher and wife:
THE WEST 30 FEET OF THE FOLLOWING DESCRIBED PROPERTY LYING NORTH OF THE RIGHT OF WAY OF STATE ROAD 452:
Commence on the west line of Government Lot 3, Section 35, Township 19 South, Range 26 East, 300 feet north of the centerline of State Road 452; thence run southeasterly parallel to said State Road 452 134.00 feet; thence run south to Lake Dora; thence run westerly along lake to a point south of the Point of Beginning; thence run north to the Point of Beginning.
THE WEST 15 feet of: Lot 3, Davenport Park Subdivision, as recorded in Plat Book 15, page 46, Public Records of Lake County, Florida.
Clerk Owens presented a letter from the Trustees of the Internal Improvement Fund in which they advise they cannot participate in a cooperative program for water resources investigation in Lake County. The Clerk was requested to pass this information along to the Oklawaha Water Authority.
Clerk Owens submitted a letter from the department of Health and Rehabilitative Services advising that on October 23, 1969 inspection was made of the Lake County Health Center, and that final inspection by the U. S. Public Health Service will be arranged within two weeks.
The Clerk presented a request from the Pollution Control Board for additional office space in the Pioneer Building when the Veterans Service Officers moves into the old Health Department Building. Mr. Owens was directed to inform the Pollution Control board that no plans have been made to move the Veterans Service Officer and no plans have been made for the occupancy of the Health Department Building.
Right of way – roads
Engineer Hays advised before conveying the right of way for County Road #3-0854 (Woods Road), Lincoln Groves wants assurance form the Board that the county will maintain the road when it is completed, and that they will be allowed to use the right of way when cultivating their groves. The Attorney was instructed to inform the County agrees that so long as no damage is done to the pavement when completed and no serious damage done to the shoulders of the road, the county has no objection to the use of the shoulders for “turning around” disks used in the cultivation of citrus groves; and that if the road is paved to specifications, the county will accept the road for maintenance.
Roads – state
Clerk Owens advised right of way contract on SR 25 from the Polk County Line to Clermont is still in abeyance. Attorney Duncan said he has not heard from the Department of Transportation relative to his request for information on the appraisals. He was instructed to follow up on this and attempt to obtain this information before the next meeting.
Clerk Owens presented request form the Department of Transportation for a resolution authorizing the installation of flasher type school signals at five (5) locations in the County. The Engineer was directed to request the municipalities to pay the cost of installation and maintain the signals located within the municipalities.
On recommendation of the Attorney and on motion of Commr. Hoskinson, seconded by Commr. Carson and carried, a resolution was adopted exempting property involved in Civil Action No. 3672 from taxes, particularly described as Parcel 10-100-115.1, Southwest Florida Water Management District vs Henry D. Roberts, et al, and authorizing the Tax Collector to accept Registry of the Circuit Court Fund Warrant No. 7565 in the amount of $323.36.
Attorney Duncan advised the Attorney General has ruled the special acts establishing the salary of the Lake County Prosecutor have now been repealed, and hereafter, the salaries shall be determined by the provisions of Section 125.04 and 125.041, which provides for a maximum salary of $9,000 per year. Payment is to be made based upon the number of convictions and estreatments, and require that a conviction fee shall be taxed as part of the cost in every case in which a conviction is had. In accordance with the above, the Attorney was directed the County Judges the requirement for the taxing of costs under Section 125.04.
Chairman Windram submitted letter from the County Judge advising that Jerry f. Knight terminated his services as Assistance Juvenile Superintendent effective October 16, and requests that Mr. and Mrs. Arthur W. DeVoe be paid the salary of the Assistant Superintendent and Assistant Matron until a replacement is employed. On motion of Commr. Macdonell, seconded by Commr. Carson and carried, the Clerk was authorized to pay the Assistants’ salaries to Mr. and Mrs. DeVoe, in addition to their regular salaries, until replacements are employed.
Chairman Windram reported he has received a complaint from Horace W. bush of animals running loose. He referred copy of Orange County’s ordinance relating to the regulations and control of animals to the County Attorney for his study.
Commr. VanAuken reported he has received complaints from property owners on Lake Eustis of water hyacinths in the lake when the gates at Apopka-Beauclair Canal are opened.
On motion of Commr. Carson, seconded by Commr. Hoskinson and carried, check from the U. S. Treasury in the sum of $111.02 was accepted, same pertains to Lake Wooruff Refuge in accordance with Public Law 88-523.
Check in the amount of $1.00 from Davis, McLin, Burnsed and Austin, Attorneys at Law, satisfaction for quit claim deed, was accepted.
Cancellation of warrants
Clerk Owens presented a letter from the Sheriff objecting to Paul Neeld, Bailiff, receiving any compensation for fingerprinting defendants in the Circuit Court. Attorney Duncan advised the Circuit Judge has issued an order to pay this fee. Clerk Owens stated Mr. Neeld has informed him that he will refuse to accept the check, whereupon, on motion of Commr. Macdonell, seconded by Commr. VanAuken, and carried, the Clerk was authorized to cancel Fine and Forfeiture Warrant #1168 in the amount of $124.50.
On motion of Commr. Hoskinson, seconded by Commr. VanAuken and carried, the Board directed that a letter of appreciation be sent to K. S. McMullen on his retirement from the Agricultural extension Service after 35 years of service.
On motion of Commr. Macdonell, seconded by Commr. Hoskinson and carried, amended budget for 1968-69 was approved and submitted. SEE PAGES 539 through 550.
Clerk Owens advised he discussed with the State Auditing Department the board’s action in refusing to increasing the Public Defender’s budget to meet the amounts budgeted by other counties in the Circuit, relative to the distribution of Lake County funds. The amount involved is $375.28, which will be deducted from the salary amounts requested for the Assistant Public Defender and the Investigator, and the distribution will be as follows:
Richard H. Langley, Assistant Public Defender $8,623.44, or a difference of
$176.56 budgeted by other counties.
Charles Clendenny, Investigator 8,051.28, or a difference of
$198.72 budgeted by other counties.
Clerk Owens presented to the Board members the case balances as of September 30, 1969.
Funds – transfers
Request form the Sheriff to transfer funds necessary to meet expenses incurred for a prisoner who was injured and hospitalized was approved on motion of Commr. Hoskinson, seconded by Commr. Carson and carried, said transfer being as follows:
Transfer from the Contingency Item $800.00 to Salaries and
$2,700.00 to Expenses Other than Salaries.
Commr. Macdonell initiated a discussion relative to the advisability of the Board holding a third meeting a month. Commr. Macdonell was requested to pursue this matter further with the department heads who might be affected by this change.
Request form the Pollution Control Board for funds to pay legal fees was deferred for further consideration and investigation.
On motion of Commr. Carson, seconded by Commr. VanAuken and carried, the Clerk was authorized to issue check in the amount of $90.00 for postage for the Planning and Building Departments.
On motion of Commr. Hoskinson, seconded by Commr. VanAuken and carried, the Board approved a head set for the telephone operator at a cost of $2.00 per month.
Payrolls for the month of October were approved on motion of Commr. Macdonell, seconded by Commr. VanAuken and carried.
Notice from the Corps of Engineers relative to the hours the Moss Bluff Lock and Dam will be open to navigation was read and filed.
Resolution from the City of Clermont requesting the Sheriff to employ an investigator for the South Lake County area was read, together with reply from the Sheriff advising that “the cost of having a special investigator in each community would be impractical, if not, prohibitive.”
Copy of letter from the Lake County Chamber of Commerce to the Pollution Control Board relative to immediate action to stop the pumping from the muck farm west of the Leesburg Airport was read and filed.
Letter from the Daytona Beach Outboard Club requesting improvements to the Public Boat Ramp at Astor was referred to Commr. VanAuken.
Copy of letter from the Department of Health and Rehabilitative Services regarding Ravenswood Park (Corley Island Mobile Manor) was referred to the Planning Department.
Letter to the County Attorney from Johnie A. McLeod, Attorney, advising he no longer represents Mr. Dennis Redmon was read and filed.
Reports – official
Annual Report from the Sheriff for the year ended September 30, 1969 was approved as filed, showing a return to the Fine and Forfeiture Fund of $15,909.00.
Financial report showing receipts and disbursements of the Lake County Health Unit for the fiscal year July 1, 1968 to June 30, 1969 was filed.
Copy of report of activities for July, August and September from the Agricultural and Home Economics Departments was filed.
Chairman Windram stated he has received report from the Pollution Control Board regarding Lake Denham.
Engineer Hays filed Construction Cost Report on county roads for the third quarter 1969.
There being no further business to bring before the Board, the meeting adjourned at 5:00 o’clock P.M.