MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS
monday – may 3, 1971
The Board of County Commissioners of Lake County, Florida, convened in regular session on Monday, May 3, 1971, at 9:00 a.m. in the Commissioners’ Room in the Courthouse, Tavares, Florida, with the following members present: J. M. Hoskinson, Chairman; James R. Carson, Jr.; C. A. Deems; Thomas J. Windram; and Kenneth VanAuken. Others present were: Christopher C. Ford, County Attorney; Fred M. Harpster, County Engineer; James C. Watkins, County Planning Director; Philip R. Edwards, Pollution Control Officer; Frank E. Owens, Clerk of the Circuit Court; and Norma H. Coven, Deputy Clerk.
The meeting was called to order by the Chairman, and the invocation and Pledge of Allegiance to the Flag was given.
On motion of Commr. VanAuken, seconded by Commr. Carson and carried, the minutes of the regular meeting of March 1, 1971 were approved as corrected.
On motion of Commr. Carson, seconded by Commr. VanAuken and carried, the minutes of the regular meeting of March 8, 1971 were approved as corrected.
James H. Powell of Astor appeared and complained he has been refused a building permit on property located on Lake Dexter. After a discussion between Mr. Powell and Mr. Watkins, the Planning Director advised the problem is a requirement set back included in the Subdivision Rules and Regulations. The property was subdivided and not platted. It meets the lot size requirements, but does not meet the road requirements. Mr. Watkins informed Mr. Powell he may appeal to the Planning and Zoning Commission for a variance or build the road to county specifications.
Mr. Watkins reported on a large proposed development on the south shores of Lake Louisa, which will need to be handled as a planned unit development rather than under the zoning regulations. He was instructed to pursue this matter and bring his recommendations to the Board.
Mr. Watkins initiated a discussion relative to the proposed pollution abatement study. All fourteen municipalities have been contacted and some are willing to contribute to the study and some are not. Private industry is interested, but they want more information. Of the $20,000 needed, we only have commitments for $8,000. If the municipalities do not cooperate, there is no reason to have the study. On motion of Commr. Windram, seconded by Commr. Deems and carried, the Board expressed its approval of the study and declared the necessary funds will be made available at the appropriate time.
Roads – county
It now being the time advertised for a public hearing to consider a request to declare the following described road a public road by prescription:
A certain dirt road which commences at the Easterly end of County Road #4-7688 (said County Road extending Easterly from Lake Norris Road, #4-7187, and commencing at its intersection with state road on the East West ½ section line of Section 17, Township 18 South, Range 28 East) and extending Easterly, Southeasterly and Easterly to approximately the West boundary of the Northeast ¼ of the Southwest ¼ of Section 15, Township 18 South, Range 28 East.
And evidence being submitted in the form of 10 affidavits that the road has been in existence and used by the public for a period of more than 20 years, the Chairman called for interested persons to be heard.
The following persons appeared in opposition to the request:
The following persons appeared in support of the request:
Rouselle A. Sutton, Sr.
J. W. Baumgardner, Anthony S. Stecher and Jerome S. Stecher, affiants, appeared and upon questioning could not testify that the road has been in existence for 20 years. On recommendation of the Attorney that the Board has no right to consider the way of necessity, that this is a matter for the Court to decide, Commr. VanAuken moved that said road not be declared a prescriptive road pursuant to testimony before the Board and without prejudice to any of the parties. The motion was seconded by Commr. Carson and carried.
Mrs. Catherine Yarborough and C. B. Marshall of Yale Retreat Mobile Home Village appeared relative to the drainage ditch from the diary pasture into Lake Yale. Commr. VanAuken stated he has determined there is no easement to the County to maintain the ditch. Mr. Edwards, Pollution Control Officer, said it would require quite a bit of effort and expense to obtain sufficient evidence to force the dairy to do something about the ditch. Mr. Edwards said the ditch is definitely creating a pollution problem and recommended that the ditch be rerouted through a sandy area and drain the flow about one-half mile from the lake. Commrs. Windram and VanAuken were requested to resolve this problem with the County Engineer, Pollution Control Officer, and Soil Conservationist.
suits affecting county
Mr. Ford reported on the Dora Canal suit advising that a decision needs to be made in the near future as the temporary injunction will dissolve 20 days from the date of the order. There are two steps to consider stopping work on the canal, file for rehearing, which he advised against; or file notice of appeal and must consider the possibility of losing the appeal entirely. After hearing the Attorney’s opinion on the outcome of the suit, the Board took the matter under consideration until the next regular meeting.
Mr. Bill Burleigh representing the Lake County Conservation Council appeared and filed written recommendation of the Council that the order be appealed defending the 170 feet.
Mr. Ford reported on the soap suit advising that two of the big three soap companies are in favor of settlement, but have not heard from the third one.
On motion of Commr. Carson, seconded by Commr. Deems and carried, the County Engineer was authorized to prepare specifications for leveling and resurfacing certain designated county roads, to be submitted to the Board for approval.
recess and reassembly
The meeting recessed for lunch at 12:00 p.m. and reconvened at 1:30 p.m. to take up the remaining items of business.
Commr. Carson was not present during the afternoon session.
On motion of Commr. Windram, seconded by Commr. VanAuken and carried, the Clerk was authorized to advertise bids for Workmen’s Compensation Insurance to be received June 21, 1971.
Members of the Board concurring, Chairman Hoskinson announced June 3, 1971 at 10:00 a.m. a work session will be held to consider the budget.
Bonds – misc.
On motion of Commr. VanAuken, seconded by Commr. Deems and carried, firearms bond for Keith F. Ellis was approved.
On motion of Commr. Windram, seconded by Commr. VanAuken and carried, the following contractors’ bonds for certificates of competency were approved:
# 404 – W. C. Hammock and/or Hammock Brothers Roofing Co.
585 – William R. Solitro d/b/a Southern Heating & Air Conditioning
587 – Karl A. Eriksson
588 – Martin-Air, Inc.
589 – David & Goddard Signs, Inc.
590 – John Daniel Bowden
591 – Harry Moody d/b/a Harry Moody Signs
592 – Bennie B. Brown
593 – Walter K. Robinson
On motion of Commr. Windram, seconded by Commr. VanAuken and carried, Deputy Sheriff bond for Thomas Richard Merrill was approved.
contracts and agreements
Change Order to the Cooperative Seining Agreement with the Game and Fresh Water Fish Commission extending the completion date thirty days was approved on motion of Commr. Windram, seconded by Commr. Deems and carried; and the Chairman and Clerk were authorized to execute same.
In an effort to improve the efficiency of the telephone system for the Courthouse Complex, the telephone operator was placed under the supervision of J. C. Watkins.
P. R. Edwards, Pollution Control Officer, appeared and reported that Dead River is flowing backwards at a slow rate this morning; maybe due to the fact that the levels of Lakes Eustis and Harris are even and a strong wind is blowing. The backward flow is still damaging to Lake Harris. Attorney Ford advised the State has instructed Southwest Florida Water Management District to open Burrell Locks. After further discussion, the Attorney was instructed to request Southwest to install a measuring device in Dead River between Lakes Eustis and Harris.
Commr. Deems advised Ray Newell is interested in an exchange of property with the County for a clay pit that adjoins his property. No action on this.
On motion of Commr. Windram, seconded by Commr. VanAuken and carried, right of way deed and drainage easement conveying the following described property to Lake County was accepted and ordered recorded upon the public records:
Grantors: Richard E. Sullivan and Ruth H. Sullivan, his wife
The West 25 feet of Lot 1 and the North ½ of Lot 5, Block 26, Silver Lake Estates; LESS the North right of way for existing public road.
Easement: a strip of land lying within 7.5 feet on each side (15 feet total) of the following described centerline:
Commence at the Northwest corner of Lot 1, Block 26 of Silver Lake Estates; thence run South 663 feet to the Point of Beginning; thence run South 89°57’ East, 325 feet to the low point of a lake.
On motion of Commr. Deems, seconded by Commr. VanAuken and carried, the following items were declared surplus and of no value:
District 5 Barn – Property No. 3173 – Frigidaire Electric Water Fountain
Property No. 4097 – Elkhart Brass Fire Extinguisher
Also, the following items were transferred from Mosquito Control to the District 1 Barn:
Property No. 2367 – Conference chair
2368 – Conference chair
2369 – Conference chair
Also, the following items were declared surplus and donated to the Lake County Boys Ranch:
Property No. 4123 – 18 Arm Chairs
3305 – Straight Chair
2383 – Typewriter Table
3545 – Wood Desk
Recommendation from the Mosquito Control Director for garbage collector franchise for Ralph R. Martin in the Bassville Mobile Home Park was taken under consideration.
Appraisal of Edwin R. Waite on two parcels of land in the Sorrento area to be considered for dump sites was filed.
Chairman Hoskinson submitted a letter advising that Lake County is no longer eligible to obtain surplus property for mosquito and other arthropod activities in the County since the Lake County Health Department is no longer connected with the Mosquito Control operations. The Chairman further stated that Dr. Hall feels this letter was sent because he no longer approves the bills for the Mosquito Control operation. The Clerk was instructed to notify the Department of Health and Rehabilitative Services that the Mosquito Control program is the responsibility of the Lake County Health Department and in the future all bills will be submitted to Dr. Hall for his approval before payment by the Board, and the Mosquito Control Director will be directed to get approval from Dr. Hall for all purchases.
Clerk Owens advised the Board a Mosquito Control employee has been carrying a firearm while attending to his duties. He was instructed to notify Dr. Hall it is his prerogative to allow the employee to carry the gun.
Right of way – roads
Commr. Windram reported all the right of way on the road at Saltsdale is complete with the exception of J. C. Powers, who was asked to donate 35 feet. He is willing to donate 25 feet, or will give 35 feet for a survey of his land.
road and bridge department
Chairman Hoskinson discussed the drainage problem at Hooks Street in Clermont. Mr. Harpster recommended the removal of the pipe, and on advice from the Attorney he was instructed to obtain written permission from the property owner to move the County’s pipe.
Commr. Windram reported D. C. Waters has a project on SR 44 and is willing to donate the dirt to the County. We need over burden on Lake Franklin Drive. The Engineer will determine how much dirt is needed for the job.
On motion of Commr. Windram, seconded by Commr. Deems and carried, a check in the amount of $60.00 was accepted from Millard Ramer for the purchase of surplus lumber and tin stored at the District 4 Barn.
Roads – state
County Engineer Harpster recommended the approval of the corridor location of the proposed project of SR 44 from West of SR 44-A, East to SR 25. Action on this was deferred until Commr. Carson is present.
On request of Jim Glisson, and on motion of Commr. VanAuken, seconded by Commr. Deems and carried, the Board agreed to a traffic study on SR 500 at the entrance to the Mark Mobile Park East of Leesburg.
roads – subdivisions
On recommendation of the County Engineer that the streets in Belle Ayre Estates have been resurfaced by Basic Asphalt Corp. and are in acceptable condition, Commr. Windram moved that the streets in Belle Ayre Estates Subdivision, known as Belle Ayre Drive, County #3-4164; Garland Way, County #3-4163; Oak Hill Road, Oak Hill Road East and Oak Hill Road West, County #3-4163; be accepted for county maintenance, that same are paved streets and should not require any maintenance for several years. The motion was seconded by Commr. Deems and unanimously carried.
Roads – county
Mr. Harpster filed road construction report for the month of February and same was approved on motion of Commr. Windram, seconded by Commr. VanAuken and carried.
Attorney Ford brought to the Board’s attention the matter of redistricting and he was instructed to review the Statutes and requirements and bring his recommendation to the Board.
Clerk Owens presented notice from the Dona Vista Baptist Church that a fee of $20.00 per day has been established by the Church for use of its Educational Building as a voting place.
Notice was read from the U.S. Department of Agriculture that the Forest Service has optioned to buy land in Lake County consisting of two 10-acre tracts to consolidate National Forest ownership.
Notice from the U.S. Department of Agriculture that the Forest Service has optioned to buy land in Lake County consisting of 39.2 acres to help consolidate National Forest ownership was read and filed.
Numerous letters and petitions from individuals, various groups and organizations were filed commending the Board for its action in adopting County Ordinance 71-1. On motion of Commr. Deems, seconded by Commr. Carson and carried, the Clerk was directed to write letters of appreciation to the Ecolocrisis, Lake Sumter Community College; Lake Improvement Association; and Lake County Conservation Council expressing the Board’s appreciation for their interest and cooperation in arousing public support of the Ordinance.
On motion of Commr. Carson, seconded by Commr. Deems and carried, the Board approved expenditure not to exceed $100.00 to St. Louis Sales & Service for repair to the heating and air conditioning system in the Juvenile Shelter.
On motion of Commr. Deems, seconded by Commr. Windram and carried, repairs to the air conditioning system in the Juvenile Court Complex Building in the amount of $925.00 were approved.
Request from the Juvenile Court Office to purchase a copying machine was referred to Commr. Deems.
Appraisal fee of Edwin R. Waite in the amount of $175.00 was approved on motion of Commr. Windram, seconded by Commr. Deems and carried.
On motion of Commr. Windram, seconded by Commr. VanAuken and carried, travel expense for Philip R. Edwards to attend a meeting in Gainesville, May 4, was approved.
On motion of Commr. Deems, seconded by Commr. VanAuken and carried, travel expenses were approved for Pat Halstead and Doris Babb to attend a meeting in Gainesville, May 7, relative to establishing General Ledger and Balance Sheets.
There being no further business to bring before the Board, the meeting adjourned at 4:30 p.m.