MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS
MONDAY – march 2, 1970
The Board of County Commissioners convened in regular session in the Commissioners’ Room in the Courthouse, Tavares, Florida, on Monday, March 2, 1970, at 9:00 o’clock A.M. with the following members present: James R. Carson, Jr., Chairman; Alex J. Macdonell, J. M. Hoskinson, Thomas J. Windram, and Kenneth VanAuken. Also present were: County Attorney C. E. Duncan, County Engineer Gordon Hays, Jr., Clerk of Circuit Court Frank E. Owens and Deputy Clerk Norma H. Coven.
The meeting was called to order by Chairman Carson and the invocation was given by Mr. Hays. Pledge of Allegiance to the Flag was recited by the group.
minutes
On motion of Commr. Hoskinson, seconded by Commr. Macdonell and carried, the minutes of regular meetings held February 9th and 16th were approved as submitted.
budget
It being the time advertised to hear objections and complaints to proposed amendments to the Road and Bridge Fund and the Fine and Forfeiture Fund in the 1969-70 Budget, and no one appeared to object, motion was made by Commr. Macdonell approving the amendments to the funds as advertised. The motion was seconded by Commr. Windram and unanimously carried.
appointments
On motion of Commr. Hoskinson seconded by Commr. Windram and carried, Mrs. Howard Ehler, Tavares, Florida, was appointed as a member of the Planning and Zoning Commission to fill the unexpired term of Earl T. Harris.
laws and legislature
On motion of Commr. Windram seconded by Commr. Hoskinson and carried, the Clerk was directed to notify all departments to channel any proposed legislation through the Board of County Commissioners.
right of way – roads
Request for the construction of a public loading ramp on the right of way of County Road #3-2044 was approved on motion of Commr. Hoskinson seconded by Commr. Windram and carried and the Attorney was instructed to prepare the necessary easement.
roads – county
On motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, the Board authorized the paving of the unpaved portion of County Road #3-1246 (Smart’s Hill Road) to alleviate a maintenance problem.
roads – state
On motion of Commr. VanAuken seconded by Commr. Hoskinson and carried, a Resolution was adopted requesting the Department of Transportation to make a survey of the intersection of State Road S-473 and State Road 500 and that deceleration and acceleration lanes be constructed at the intersection.
On motion of Commr. Hoskinson seconded by Commr. Macdonell and carried, a Resolution was adopted authorizing the Department of Transportation to acquire the necessary rights of way, borrow pits, and easements for that portion of State Road 25 designated as Section 11040 from Dixie Avenue Northerly in Leesburg to Sunshine Avenue and the Chairman and Clerk were authorized to execute the right of way contract for the construction of said road.
On motion of Commr. Hoskinson, seconded by Commr. VanAuken and carried, the Attorney was instructed to request the Department of Transportation to furnish Lake County a copy of the appraisals on this project before any right of way is required.
bids
It now being the time advertised to receive bids on the resurfacing of streets in Belle Ayre Estates, the Clerk reported the following bid received:
Basic Asphalt Corp. $.90 per sq. yd. Total Price $7,272.00
On motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, the bid was referred to the Engineer for study and recommendation.
road closings
D. T. Larabee appeared and presented Petition to close a portion of Mills Avenue in Haines Creek Mobile Home Sites. In view of a civil suit correcting the lot numbers in the subdivision, the petition was referred to the Attorney.
Attorney Duncan submitted petition to close the following described road, same being signed by William W. and Betty L. Thompson:
Commence at the South West corner of Section 2 according to the Plat “Manhattan” as recorded in the Public Records of Lake County, Florida, in Plat Book 2, page 2, proceed thence South 89°29’34” East on the South boundary of said Section 2, a distance of 5280.30 feet to the Southeast corner thereof; thence North a distance of 4101.58 feet, thence East a distance of 4188.06 feet, thence North a distance of 1515.79 feet to the Northern boundary of “Mink Road” as shown by Astor Forest Campsites, thence North 82°24’19” West a distance of 50 ft. more less to the Western boundary of “Elm Road” according to Astor Forest Campsites extended fo the point of beginning, thence continue North 82°24’19” West a distance of 111.41 feet more or less to the Eastern boundary of a proposed canal according to said plat of Astor Forest Campsites, thence run South 50.44 feet; thence run South 82°24’19” East a distance of 110.97 feet, then 50.44 ft. to the North line of “Mink Road.”
On motion of Commr. VanAuken seconded by Commr. Hoskinson and carried, a Resolution was adopted accepting the petition and a public hearing was authorized to consider same.
road and bridge department
Commr. VanAuken reported he has a request from the Baptist Church at Dona Vista for clay at the new church site caused by the widening of SR 19. He was instructed to advise the church this is private property and the County is prohibited from private properties.
Clerk Owens submitted request from the Board of Public Instruction requesting assistance at various school sites and he was directed to advise them the County does not have the personnel or equipment to comply with the request at the present time, however, same will be taken under consideration at a later date.
Request from the Lake County Fair Association to haul eight to ten loads of gravel from Leesburg to the Fairgrounds was denied for the same reason.
Request from the Health Department to move dirt around the building for landscaping purposes was denied.
Request from Carl Ludecke of Umatilla to stake the right of way to create a public road was denied.
inventory
Request from the Farm Forester to use office desk, Property No. 1560, was approved on motion of Commr. Hoskinson seconded by Commr. Macdonell and carried.
pollution
Commr. Macdonell moved for the adoption of a Resolution that the burning of trash and garbage in all garbage dumps in the County cease immediately. The motion was seconded by Commr. Hoskinson. On recommendation of the attorney the motion died and the following was offered on motion of Commr. Hoskinson: That the State Pollution Board be contacted to determine what authority the Pollution Boards have in enjoining the burning of trash and debris and the best procedure to follow to stop the indiscriminate burning of trash. The motion was seconded by Commr. Windram and carried.
licenses and permits
Bill Roberts and Bill Sherman representing the TM Communications Company appeared and submitted proposal to operate a cable television system in the southern part of Lake County surrounding Clermont and Minneola. The proposal was taken under advisement.
H. M. Hartwig and Douglas Durand appeared and requested the Board’s permission to excavate a canal along the West boundary of Lots 1-6 inclusive in Unit #2, Springs Bath and Yacht Club. Attorney Rantson Davis, representing Paul T. Callaway adjoining property owner, appeared and objected to the excavation. The Board withheld approval of the excavation until a mutual agreement is reached between the two parties and Mr. Hartwig assumes liability releasing the County from any tort action. Later in the day Mr. Hartwig reappeared and presented signed agreement between him and Mr. Callaway; whereupon, on motion of Commr. Windram seconded by Commr. VanAuken and carried, permit was granted subject to Mr. Hartwig’s agreement and affidavit providing that he will hold Lake County harmless from any tort action arising from any damage to adjoining properties.
recess and reassembly
The Board recessed for lunch at 12:30 o’clock P.M. and reconvened at 1:45 o’clock P.M. to take up the remaining items of business.
county employees
On recommendation of the County Agent and on motion of Commr. Windram seconded by Commr. Macdonell and carried, the Board approved the employment of James Govers Hand, Jr., to the position of Assistant Extension Agent at an annual salary of $4,205.00.
On motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, the Planning Director was authorized to advertise for employees to replace Mr. Moon and Mrs. Spooner. Mr. Moon’s resignation was effective February 27th and Mrs. Spooner’s will be effective when replacement is found.
laws and legislature
Commr. Windram submitted an act relating to the mentally ill and same was referred to the Attorney for his opinion.
courthouse
On motion of Commr. Windram seconded by Commr. Hoskinson and carried, the Clerk was directed to furnish Mr. Bruce Bogin a key to back door of the Courthouse in order to allow him to use the facilities of the Law Library.
planning and zoning
On recommendation of the Planning and Zoning Commission and on motion of Commr. Macdonell seconded by Commr. VanAuken and carried, a Resolution was adopted amending the Zoning Rules and Regulations as they pertain to the following described tracts of land to the classification designated after each description:
Sec. 24, Twp. 18 S., Rge. 24 E.; Lots 29, 47 and 48 in Bert’s Subdivision, First Addition, according to the plat thereof recorded in Plat Book 16, page 18, Public Records of Lake County, Fla.
Now classified and zoned as R1A (rural residential), be, and the same is hereby changed, amended and reclassified to zone R3 (mobile home park subdivision).
Sec. 36, Twp. 19 S., Rge. 27 E., The SE ¼ of NW ¼; the N ¾ of NE ¼ of SW ¼; and the East 934 feet of the S ¼ of NE ¼ of SW ¼ (app. 77 acres).
Now classified and zoned as R1A (rural residential), be, and the same is hereby changed, amended and reclassified to zone A (agricultural and rural enterprises).
Sec. 9, Twp. 23 S., Rge 26 E, from the N.W. corner of the SW ¼ of said section, run thence South along the West line of said section a distance of 660 ft. to point of beginning; thence South 683.1 ft.; thence South 89 degrees, 14’ East 1838 feet to the Westerly right of way line of U. S. Hwy 27; thence North 18 degrees 25’30” Wet along said right of way line 730.8 feet to the North line of Tract 43 of Monte Vista Park Farms (as recorded in Plat Book 2, page 27, Public Records of Lake County, Fla.); thence North 89 degrees 29’ West 1606.9 feet, more or less, to P.O.B. (27.2 acres).
Now classified and zoned as R1 (rural residential), be, and the same is hereby changed, amended to Zone C1 (commercial district).
On motion of Commr. Macdonell seconded by Commr. Hoskinson and carried, rezoning Case No. 6-70-5 and 9-70-2 were denied as recommended by the Planning and Zoning Commission.
On motion of Commr. Macdonell, seconded by Commr. VanAuken and carried, rezoning Case No. 7-70-2 and Conditional Use Permit 175-3 were continued until April 6th.
With reference to rezoning Case No. 11-70-3 and Conditional Use Permit No. 176-3, the following persons were present and objected to the rezoning:
Mrs. Stahl
Ed Matz, Attorney, representing E. K. Brockway
On motion of Commr. Windram seconded by Commr. VanAuken and carried, the rezoning was approved and conditional use permit granted with the added condition to permit the sale of trailers. Commr. Hoskinson abstained.
On recommendation of the Planning and Zoning Commission and on motion of Commr. Windram seconded by Commr. Hoskinson and carried, a Resolution was adopted amending the Zoning Regulations as follows:
section xi – setbacks and building lines
A. Purpose and Intent
It is the purpose and intent of this section to provide for minimum light, air, open space between land uses and preserve the sight distances along streets, highways and other thoroughfares.
B. Authority
Unless otherwise provided in the individual zoning districts, the minimum front, side and rear setbacks shall be maintained as required herein.
C. Requirements
1. Property adjacent to state and federal highways shall maintain a 50 foot setback line from the highway right-of-way for any enclosed structure and a 25 foot setback from the highway right-of-way for any open structures such as, but not limited to: canopies, gas pumps, signs for identification purpose only, etc.
2. Property adjacent to roads other than state or federal highways shall maintain, for any structure, a setback of 62 feet from the centerline of the roadway or 25 feet from the road right-of-way whichever is the greater.
3. The building line from any rear or side property line shall be a minimum of 5 feet.
MVI
On motion of Commr. Macdonell seconded by Commr. Hoskinson and carried, the hours for the Motor Vehicle Inspection Station were changed as follows:
Monday – 12:00 o’clock noon to 6:00 o’clock P.M.
Tuesday through Friday – 8:00 A.M. to 12:00 Noon
1:00 P.M. to 5:30 P.M.
tax assessments
Certificates of Error and Corrections on the 1969 tax roll numbered 149 through 155 were approved on motion of Commr. VanAuken seconded by Commr. Hoskinson and carried.
tax delinquent
Application of Dexter Ward for a duplicate Tax Sale Certificate No. 92 dated May 31, 1957 was approved on motion of Commr. Windram, seconded by Commr. VanAuken and carried.
municipal corporations
Request from the City of Eustis to annex the following rights of way for the purpose of policing same was approved by the Board:
Ardice Avenue between Bay and Ruleme Street
Eudora Road between the Old Mount Dora Road and U.S. 441 (State Road 500)
county depositories
Clerk Owens submitted letters from the County Depositories regarding the maximum amount of interest allowed under the new regulations on time deposits of $100,000 or more:
30 – 59 days 6.25%
60 – 89 days 6.50%
90 – 179 days 6.75%
180 days to 1 year 7.00%
1 year or more 7.50%
condemnation proceedings
On motion of Commr. Macdonell seconded by Commr. VanAuken and carried, a Resolution was adopted cancelling taxes against property involved in condemnation suit filed by the Southwest Florida Water Management District, more particularly described below, and authorizing the funds be accepted and deposited to the General Revenue Fund: (Civil Action #3675, Southwest vs. Story)
Parcel #10-100-126.1
Parcel #10-100-134.1
On advice from the Tax Collector, Clerk Owens reported one of the defendants in the condemnation suit Southwest Florida Water Management District vs. Henry D. Roberts, et al (Civil Action Case No. 3672) paid the taxes on Parcel #10-100-125.1. Attorney Duncan was instructed to notify the defendant’s attorney to amend the judgment accordingly.
bonds – miscellaneous
On motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, the following bonds were approved:
Bond for Carrying Firearms for Earl Alger
Contractor’s Bond for Certificate of Competency:
William H. Dane dba Dane-Ite, Inc.
Leon E. Durham
Lester Kalmanson
and approved cancellation by the company of bond issued to Donald W. Graham.
Hospitals
Discharge notices from the W. T. Edwards Tuberculosis Hospital were filed as follows:
Earl Grey was discharged with medical advice on 3/11/69
Dock Browner was discharged with medical advice on 3/14/69
Mack Alexander was discharged with medical advice on 3/26/69
Cecil E. Pyburn was discharged with medical advice on 9/25/69
James L. O’Neal was discharged with medical advice on 10/1/69
Margaret O’Neal was discharged with medical advice on 10/1/69
Richard Dickens was discharged with medical advice on 10/4/69
Lee Gavin was discharged with medical advice on 10/20/69
Leticia Zapata was discharged with medical advice on 10/24/69
Earl Grey expired on 11/13/69
Will Belcher was discharged with medical advice on 11/26/69
Evelyn Smith was discharged with medical advice on 12/23/69
Wilson D. Pelham was discharged with medical advice on 2/7/70
insurance
On recommendation of the Engineer the Board instructed Attorney Duncan to contact the County’s insurance carrier relative to settlement for damages to 1965 dump truck involved in accident on December 12, 1969.
right of way – roads
Engineer Hays advised he has received a request from Mrs. Marie Jay for access to her property located on Wayne Road through County right of way from Lake Unity Road. The Board members concurring Chairman Carson stated the members will look at this on the quarterly road trip on March 17th.
road maintenance
On motion of Commr. Macdonell seconded by Commr. Hoskinson and carried, the Board placed the following roads under the County Maintenance System:
Extension of Mattioda Road – County #2-1214
Jim Payne Road (North of Groveland) – County #2-1618
Grovemont Estates Road – County #2-1425
Covington Road – County #2-1810
On motion of Commr. VanAuken seconded by Commr. Macdonell and carried, the Board placed the following roads under the County Maintenance System:
Lake Sellers Road – County #5-9380
Kathryn Circle – County #5-8992
On motion of Commr. Hoskinson seconded by Commr. Macdonell and carried, the Board agreed to maintain Lake Dora Drive in Thompson Estates to SR 19 when same is resurfaced to County specifications.
The Board also agreed to pay one-half the contract price to resurface streets in Bert’s Subdivision and Dona Vista Streets and to maintain Marsh Park Extension Road when the necessary right of way I obtained and the road is resurfaced.
subdivision regulations
Engineer Hays advised under the present subdivision regulations, the developer can use concrete or corrugated metal pipe as cross drains. Now have a request to use aluminum pipe. The Board referred this to the Planning and Zoning Commission for its recommendation.
outdoor recreational facilities
Engineer Hays advised according to information received from the Department of Transportation, bulkhead line must be established in Lake Eustis before a retaining wall can be constructed at the Wayside Park on SR 500. This was referred to the County Attorney.
condemnation proceedings
On motion of Commr. Macdonell seconded by Commr. Hoskinson and carried, the Board approved statement from the County Attorney for services rendered in the suit Lake County vs Walter Warren, et al, and he was instructed to forward same to the Department of Transportation for payment.
On recommendation of the County Attorney and on motion of Commr. Macdonell seconded by Commr. Hoskinson and carried, the Board approved payment of $6,084.00 and attorney’s fee of $750.00 in the case Lake County vs Ila A. Vickers (Law Case No. 7351).
roads – county
Chairman Carson initiated a discussion concerning a policy by the Board when accepting affidavits establishing prescriptive roads and this matter was referred to the County Attorney for further study.
complaints
Mike Starace and A. D. Knight were present and complained of a drainage problem in Tropical Shores created by the pumping at the Imperial Mobile Terrace site. Attorney Duncan advised this is private property and does not come under the jurisdiction of the Board. Commr. Hoskinson volunteered to discuss this with Mr. Squib.
On motion of Commr. Macdonell seconded by Commr. Windram and carried, letters from residents and property owners in South Lake County complaining of the lake levels were referred to the Oklawaha Water Authority. The Clerk presented a letter from the Southwest Florida Water Management District outlining in detail the cause of the high water problems that same is not a direct result of the lake levels but caused by the citizens constructing their homes and businesses on land that is often flooded by the river or lake that it abuts. The letter further states that the key lesson all should have learned about flood control is the prevention of construction in areas that are known to be flood prone. The letter was referred to the Planning and Building Departments for reference when issuing building permits.
Commr. Windram submitted letters regarding water problems on Lake Gertrude caused by the inadequacy of the culvert to Lake Dora. Also, Resolution from the City of Mount Dora requesting the Board’s assistance in a proposed engineering study to alleviate the problem. This was referred to the Oklawaha Water Authority for recommendation to correct the problem.
Letter of complaint from J. F. Goldtharp relative to damage to the Wolfe Branch Road was referred to Commr. Windram.
Commr. Windram reported Mr. Brautcheck is threatening to seek relief through the court for damages caused by washout. Mr. Windram said he does not feel this is entirely the County’s responsibility and asked that the Engineer look at this and give his opinion.
roads – state
Clerk Owens presented letter from the Department of Transportation advising that annual Budget Hearings will be held in the DeLand District Office on March 16, 1970, and in accordance with instructions from the Chairman the towns and cities have been notified to present their road requests to the Board on March 10, 1970.
communications
Letter from the Executive Office of the President to the Chairman advising that the channelization of the Oklawaha River is scheduled for October 1970 was read and filed.
Copy of letter from the Lake County Farm Bureau to the Agricultural Extension Agent expressing appreciation for the weather data made available to the agricultural industry was filed.
Notice was filed from the Southwest Florida Water Management District advising that a public hearing will be held on March 11, 1970 for the purpose of adopting changes to the rules and regulations.
Notice form the United States District Court of hearing on proposed compromise in the suit State of Florida against various drug companies was filed.
accounts allowed
On motion of Commr. VanAuken seconded by Commr. Hoskinson and carried, the Board approved the purchase of Olivetti Printing Calculator from Link Stationery & Printing Co. in the amount of $426.31, to be used by the Planning Department.
On motion of Commr. Hoskinson seconded by Commr. Windram and carried, the Board approved the purchase of a secretary desk from Link Stationery & Printing Co. in the amount of $411.06 for the Planning Department.
Refund of $3.00 on Building Permit #11471 error in calculation was approved on motion of Commr. Windram seconded by Commr. VanAuken and carried.
Travel Expenses were approved for James C. Watkins to attend annual National Planning Conference of American Society of Planning Officials in New York City, April 4-9.
On motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, repairs to the District Three Barn in the amount of $435.00 were approved.
On motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, the low proposal from Florida Forms & Systems for two (2) Register of Instruments Filed for Record #69 and #70 for the Clerk’s Office in the sum of $210.50 was approved.
On motion of Commr. VanAuken seconded by Commr. Hoskinson and carried, the low proposal from Bowen Supply Company in the sum of $357.00 to expand three (3) Index Volumes in the Clerk’s Office was approved.
Travel expenses were approved on motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, for three Pollution Control Board members, Ted Wicks, and C. W. Sheffield to attend State Board meeting in Tampa February 16.
Payrolls for the month of February were approved on motion of Commr. Windram seconded by Commr. Hoskinson and carried.
county employees
Part-time employee in the Juvenile Court Office was approved at an annual salary of $2,000.00 payable monthly.
audits
Audit Report of the Lake County Health Department for the fiscal years ended June 30, 1968 and June 30, 1969 was filed and copy of same distributed to each Board member.
There being no further business to bring before the Board, the meeting adjourned at 6:10 o’clock P.M.
___________________________________ ______________________________
CLERK CHAIRMAN