MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS
MONDAY – MAY 4, 1970
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, May 4, 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. Others present were: County Attorney C. E. Duncan, Clerk of Circuit Court Frank E. Owens and Deputy Clerk Norma H. Coven.
The meeting was called to order by the Chairman and the invocation was delivered by Mr. Windram after which the Pledge of Allegiance was given.
On motion of Commr. Hoskinson seconded by Commr. Macdonell and carried, the minutes of the April 13, 1970 meeting were approved as submitted.
The minutes of the April 20, 1970 meeting were approved as corrected on motion of Commr. Windram seconded by Commr. Macdonell and carried.
Commr. Macdonell reported the Deputy State Fire Marshal has inspected the Old Health Department Building and made recommendations for fireproofing same as a storage building. The Board members concurring, the Chairman authorized Mr. Macdonell to discuss the recommendation with another architect.
road and bridge depaRTMENT
Commr. Macdonell recommended that the Board meet with the Road Superintendent and Road Foreman in an attempt to solve some of the Department’s problems before a new engineer is employed. This mater was left to the discretion of the Chairman.
Commr. Hoskinson advised the lease with the City of Clermont for the operation of the City-owned landfill has been approved but not received for execution by the County. Attorney Duncan advised the County can legally proceed with the operation since the lease has been officially approved.
Commr. Hoskinson asked if it has been determined there is any market value to the old Photostat equipment stored behind the Assessor’s Office. Clerk Owens said he has not had an answer to his inquiry.
Commr. Hoskinson submitted letter from Charlie Squibb requesting the widening of an existing railroad crossing at the entrance to the new addition of Imperial Terrace. Mr. Squibb will pay the costs of the widening. Attorney Duncan advised any agreement with the railroad must be with Lake County. On motion of Commr. Hoskinson seconded by Commr. Windram and carried, the Attorney was instructed to request the railroad to prepare necessary agreement, with the understanding that Mr. Squibb will reimburse the County for the costs.
roads – county
On motion of Commr. Macdonell seconded by Commr. Hoskinson and carried, a Resolution was adopted establishing a 45 mile per hour speed limit on County Road No. 2-0729 on the paved portion from Central Florida Boys’ Ranch, West to SR 33, said road being generally known as Ladies Road and Fletcher-Hare Road.
On motion of Commr. Macdonell seconded by Commr. VanAuken and carried, the Board accepted the road leading to the Ferndale Community Building, from SR 455, as a County maintained road with same to be added to the County Road System (No. 3-2256).
The Board deferred action on accepting the Monte Vista Cemetery Road as a prescriptive road for further investigation.
Attorney Duncan was instructed to have a title search made on road right of way lying within the Town of Astatula, which was conveyed to the County by Ruth M. Smith in 1964. Henry Pringle is requesting the County to relinquish its right or title to the right of way, due to the land being involved in the estate of Mrs. Smith’s husband.
On motion of Commr. Hoskinson seconded by Commr. Windram and carried, the Board accepted the following described dedicated right of way as a public road, with the understanding that same is not accepted for maintenance:
A certain road right of way 50 feet in width known as Oakshade Drive adjoining the following described property:
Beginning at a point 1527.79 feet South and 765 feet West of the NE corner of Government Lot 4, Section 35, Township 19 South, Range 26 East, Lake County, Florida, to the SE corner post of the Clayton Chesher Lot, thence 200 feet in a Northerly direction to a point 779 feet West of the East boundary of Government Lot 4, thence 150.65 feet in a Northerly direction to a point 765 feet West of the East boundary of Government Lot 4, thence Northerly to a point 50 feet West of the NW corner post of the Cassidy Lot. Thence 50 feet East to the NW corner post of the Cassidy Lot, thence in a Southerly direction 387.5 feet to a point 715 feet West of the East boundary of Government Lot 4, thence in a Southerly direction 150.65 feet to a point 729 feet West of the East boundary of Government Lot 4, thence in a Southerly direction to the SW corner post of the Andrus Lot, a point 715 feet West of the East boundary of Government Lot 4, thence 50 feet in a Westerly direction to the POB.
It now being the time advertised to receive bids for the surfacing of County Road No. 3-4857, the Chairman directed the Clerk to open and tabulate the bids; whereupon Clerk Owens reported receiving bids from the following:
Carroll Contracting Co., Inc.
Inasmuch as the cost of the paving will be paid by Sumter Electric Coop., Inc., and on motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, the Board recommended that the hot asphalt treatment is the best construction and agreed to accept the bid as specified by Sumter Electric as the lowest and best bid.
It now being the time advertised to hold a public hearing to consider a petition to close dedicated road in the Plat of Manhattan and no one appearing to object to the closing, a motion was made by Commr VanAuken seconded by Commr. Windram and carried, that a Resolution be adopted closing the following described road:
For a point of reference commence at the Southwest corner of Section 2 according to the plat of “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 5,280.30 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 feet more or less to the Western boundary of “Elm Road” according to Astor Forest Campsites extended for 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 feet to the North line of “Mink Road.”
It now being the time advertised to hold a public hearing to consider a petition to close a portion of Saw Grass Road, and no one appearing to object to the closing, Commr. VanAuken moved that the following described road be closed contingent upon the abutting property owners providing a 50’ turnaround:
That portion of dedicated right of way commonly referred to as “Saw Grass Road” more particularly described as follows:
Commence at the S.W. corner of Section 2 according to the Plat of Manhattan recorded in Plat Book 2, Page 2, Public Records of Lake County, Florida, run thence South 89°29’34” East along the South boundary of said Section 2, a distance of 5,280.30 ft. to the S.E. corner of said Section 2, thence continuing East 5,397.06 ft., thence run North 3,956.58 ft., thence run East 450 ft. to the Point of Beginning. Thence run North 115 ft., thence run East 50 ft., thence run South 280 ft., thence run West 50 ft., thence run North 165 feet to the Point of Beginning.
The motion was seconded by Commr. Hoskinson and unanimously carried.
On motion of Commr. VanAuken seconded by Commr. Hoskinson and carried, the Board adopted a Resolution authorizing advertising for a public hearing to be held on June 1, 1970 of the intention to renounce, quitclaim and disclaim any right in and to the following described street or road:
That certain unnamed street or road lying East of and adjacent to the East line of Lot 28 and the East line of the unnumbered lot South of said Lot 28 (sometimes known as Lot 30) in King Homestead, a subdivision in Lake County, Florida, according to the plat thereof recorded in Plat Book 1, page 47, Public Records of Lake County, Florida, running to the waters of Crooked Lake.
resolutions not classified elsewhere
Mr. Dwight Hart of Oklawaha was present and urged the Board’s endorsement of the completion of the Cross State Barge Canal; whereupon, on motion of Commr. Macdonell seconded by Commr. Windram, the following Resolution was adopted; in view of the lack of scientific information:
R E S O L U T I O N
WHEREAS, the Florida Cross-State Barge Canal has heretofore been approved by Congress and large sums of money have been appropriated for the excavation thereof and the construction of locks and spillways, and
WHEREAS, much of the work including the excavation of the channel and the construction of locks and spillways have been completed, all with the approval of numerous studies made by the United States Army Corp of Engineers and independent agencies beginning as far back as 1930, and
WHEREAS, by the excavation of said channel and the development of adjacent areas for reservoirs and recreational areas will add greatly to the economy of the State and to the enjoyment of the public, and
WHEREAS, the commercial value of the canal to the State of Florida will be greatly enhanced by providing means of moving products of materials through said canal, and
WHEREAS, the canal is a vital link in the water control program for the Oklawaha River Basin.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, at its regular meeting held on the 4th day of May A.D. 1970, that the completion of the Cross Florida Barge Canal be completed without further delay; and by this action the Federal Government and the United States Army Corp of Engineers be advised of the support of this Board in this project.
BE IT FURTHER RESOLVED that copies of this Resolution be sent to the members of Congress and the Senators from the State of Florida and to all news media.
Commissioner VanAuken abstained. Commissioner Hoskinson voted “No.” The Chairman declared the motion carried.
Mr. Lowell Steve, Director of the Florida Land Sales Board, appeared with Mr. McDowell and Mr. Vogt concerning developers who are not complying with the County’s subdivision regulations. J. C. Watkins, Planning Director, was also present. Mr. Steve advised developers are not registered with the Land Sales Board until they meet all local regulations. The Board cannot prohibit the sale of land because it does not have physical access, but do attempt to disclose the true facts. Do not have jurisdiction over developments of less than fifty lots. Mr. Steve recommended that the County set forth requirements for developers of land in Lake County and the Land Sales Board will enforce the requirements. Attorney Duncan was directed to prepare a Resolution for consideration.
Complaints from two purchasers of property in Paradise Estates and Paradise Hills, a division of Wellington Orient, Inc., were referred to Mr. Steve as a matter of information.
licenses and permits
Bill Jarrett representing Bill’s Aluminum Products appeared relative to Building Permit at Eagle’s Nest Trailer Park. Mr. Watkins advised the permit has been refused by the Building Department because the Park is in violation of the building code and the Health Department. Mr. Watkins recommended that the Health Department give a report on the sanitary condition at this location.
Martha Merritt appeared before the Board and asked for financial assistance for the care of her mother, Mrs. Gill. Chairman Carson advised Mrs. Merritt the Welfare Director would contact her regarding this request.
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.
contracts and agreements
Cleo Grubbs and District Ranger Rodney Morris of the Florida Forest Service were present together with Wilbur Floyd of the Yalaha Volunteer Fire Department. Mr. Morris presented cooperative agreement between the Forest Service and the Fire Department with the County as authorized agent for the Fire Department. Mr. Floyd said the Department will furnish certificate of liability insurance; whereupon, on motion of Commr. Windram seconded by Commr. Hoskinson and carried, the agreement was approved and the Chairman was authorized to execute same.
planning and zoning
On motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, the Board approved Letter of Intent with respect to rezoning along the highways in the vicinity of Disney World to correspond with similar action by Orange, Osceola and Polk Counties.
road maintenance – subdivisions
Commr. Windram reported the residents on Sylvan Point Drive are willing to pay their share of the cost to resurface the street. Will get a figure from the Road Superintendent of the work required.
Mr. Windram also discussed subdivision streets that are being ruined by heavy equipment. Attorney Duncan advised anyone is liable according to Florida Statutes who damages a road. A load limit could be established but it would not apply to roads already damaged.
D. C. Smith appeared relative to improvements to Pala Verda Avenue in Bassville Park, which has been accepted as a County road. Mr. Watkins advised that 98% of the property owners have donated the necessary right of way to improve the road. Mr. VanAuken will investigate and contact the owners who have not donated the right of way. No improvements can be made to the road until the necessary right of way is obtained.
roads – county
Commr. Windram discussed the placing of litter barrels along the shoulders of County and secondary roads for the purpose of eliminating trash on the rights of way. Mr. Windram said from observation this seems to work well in Georgia and would like the Board’s approval to investigate this further. He was authorized to pursue this.
On motion of Commr. VanAuken seconded by Commr. Windram and carried, a maximum speed limit of 30 miles per hour was established on dedicated road in Astor Forest Campsites known as Blue Creek Road and that appropriate signs be erected.
On motion of Commr. VanAuken seconded by Commr. Macdonell and carried, a Resolution was adopted establishing a maximum load limit of three (3) tons on the bridge over County Road #5-8688 in Paisley and the appropriate signs were authorized.
Proposals for the disposal of junked automobiles from Lloyd Turner and Triangle Metal & Paper Salvage were presented to the Board for consideration. Attorney Duncan reported he contacted the State Pollution Control Board with reference to burning in designated areas and the State Board will work with us provided the County will notify the State Board when and where the burning will occur. Will not exercise its prerogative of enforcement under these conditions.
Letter from Dr. Hall listing recommendations for water and sewage facilities in subdivisions was referred to the Planning Department and the Clerk was instructed to notify Mr. Hall to be present on May 18th to discuss the recommendations.
roads – county
Request for “Dead End” sign to be erected on Close Court on Lake Saunders was referred to Commr. Hoskinson to have the sign erected provided the road is a dedicated public road on motion of Commr. Windram seconded by Commr. Macdonell and carried.
road and bridge dept.
Recommendation from Gordon Hays that the County purchase an 8-10 ton steel wheel roller for the Road and Bridge Department was read and filed.
Attorney Duncan advised the Pollution Control Board is desirous of amending Section 6 of the local law changing the qualifications of a pollution control officer. The Board recommended that the Act be amended to require the qualifications of a Registered Graduate Sanitary Engineer and that Attorney was instructed to make this recommendation to the Pollution Board.
Clerk Owens presented letter from Dr. George D. Hoffeld appealing the Tax Assessor’s denial for homestead exemption was referred to the Tax Adjustment Board.
On motion of Commr. Macdonell seconded by Commr. VanAuken and carried, the Clerk was authorized to advertise for bids for Workmen’s Compensation Insurance for June 15, 1970.
bonds – misc.
On motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, contractors’ bonds for Certificates of Competency were approved for the following:
No. 171 – Robert R. Ellison
501 – Willard Aldridge d/b/a Florida Mobile Home Accessories
502 – Rufus H. Pace d/b/a Harris-Pace Mobile Home Sales, Inc.
And the following bonds are cancelled:
No. 372 – Fred W. Young d/b/a Young’s Trailer Sales
422 – James E. Witt d/b/a Witt’s Electric
Clerk Owens submitted supplemental budget for the Road and Bridge Fund which was approved as to form on April 20, 1970 by the Comptroller and same is hereby made a part of these minutes. (See pages 90 and 91 of original Minutes.)
Letter from the Eustis High School requesting the use of the Multi-Purpose Building at the Fairgrounds for graduation exercise on June 4, 1970 was referred to the Lake County Chamber of Commerce.
On motion of Commr. VanAuken seconded by Commr. Windram and carried, the Board approved the use of the courthouse Lobby by the Industrial Commission for unemployment recipients.
The action of the Chairman and Clerk in approving applications to the W. T. Edwards Tuberculosis Hospital for the following was approved on motion of Commr. Macdonell seconded by Commr. Windram and carried:
Thomas W. Bentley
Charles Anson Brown
Notices were filed from the Hospital as follows:
Richard Dickens was discharged with medical advice on 4/10/70
Edward Paines was discharged with medical advice on 4/15/70
Eleanor Calloway was discharged with medical advice on 4/17/70
John D. Ward was discharged for transfer to Tampa General Hospital on 4/27
laws and legislature
On motion of Commr. Hoskinson seconded by Commr. VanAuken and carried, the Board endorsed an amendment to Section 1 of Article VIII of the State Constitution to provide that counties shall not be merged or abolished except upon approval of the electors of such counties.
salaries and wages
On recommendation of the Planning Director and on motion of Commr. VanAuken seconded by Commr. Hoskinson and carried, the Board approved the employment of Jane Haneman on part-time basis effective May 4, 1970.
On recommendation of the Planning Director and on motion of Commr. VanAuken seconded by Commr. Hoskinson and carried, the Board approved annual leave for Julia Schaal for thirty-one days.
On motion of Commr. Macdonell seconded by Commr. Hoskinson and carried, the Board approved ten days annual leave to be paid to Gordon Hays, Jr., former County Engineer.
Letter of complaint from Monroe J. Bump pertaining to pollution and junk yards was read and the Clerk was instructed to answer same.
Request from the Central Florida Council for the prison crew to clear the grounds at Camp La No’che was approved on motion of Commr. VanAuken seconded by Commr. Windram and carried.
Copies of letters from the Department of Health regarding sewage collection system extension to serve the Vista Dora apartments with sewage treatment at the City of Mount Dora; and a sewage collection system for Deerhaven Campground were read and filed.
On motion of Commr. Windram seconded by Commr. VanAuken and carried, the Board authorized L. L. Coven to remodel the Circuit Court jury room to provide separate restrooms for men and women.
On recommendation of the Mosquito Control Director and on motion of Commr. Windram seconded by Commr. VanAuken and carried, the Board approved the purchase of 1,000 “No Dumping” signs from Ford Press in the amount of $86.40.
On motion of Commr. Macdonell seconded by Commr. Hoskinson and carried, payrolls for the month of April were approved.
funds – transfers
On motion of Commr. Windram seconded by Commr. Macdonell and carried, the Clerk was authorized to make the following transfers within the Tavares Health Clinic Fund:
From Acct. #86381 $9,422.44 to Acct. #90192
From Acct. #86381 $3,500.00 to Acct. #90193
There being no further business to bring before the Board, the meeting adjourned at 4:00 o’clock P.M.