MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS
TUESDAY – jULY 6, 1971
A regular meeting of the Board of County Commissioners of Lake County, Florida, was held in the Office of the Clerk in the Courthouse, Tavares, Florida, at 9:00 o’clock A.M., on Tuesday, July 6, 1971, with the following members present: James M. Hoskinson, Chairman; James R. Carson, Jr.; C. A. Deems; Thomas J. Windram and Kenneth VanAuken. Others in attendance were Christopher C. Ford, County Attorney; Frank E. Owens, Clerk of the Circuit Court; and Norma H. Coven, Deputy Clerk.
Mr. Cassady submitted in writing, estimates for the 1971 Tax Roll as follows:
County-Wide Non-Exempt Aggregate Value $449,909,147
County-Wide Aggregate Value $526,393.967
Northeast Lake County Hospital District $173,447,141
Northwest Lake County Hospital District $127,815,467
The meeting recessed to the Commissioners’ Room, with Bernice P. Conner, Deputy Clerk, Fred M. Harpster, County Engineer; and James C. Watkins, Planning Director, in attendance.
The Chairman called the meeting to order and delivered the invocation, after which the Pledge of Allegiance was recited.
planning and zoning
Rev. Glenn E. Tyler appeared before the Board, requesting permission to re-apply immediately to establish an eight-site travel trailer park on the property of Tyler Crusades, Inc. located on SR 448. He had previously applied for a Conditional Use Permit for a Bible College, School, and Retirement Homes, which was denied. On motion by Commr. Carson, seconded by Commr. VanAuken and carried, request for re-applying for CUP before the one year period, in accordance with the Rules and Regulations, was denied.
permits and licenses
The following Use Permits filed by the County Engineer, were approved on motion of Commr. Deems seconded by Commr. Carson and carried:
No. 294, to Florida Telephone Corp., for the construction and maintenance of buried cable along Dist. Rd. #2340 between State Road 561 and Dist. Rd. 3-2539.
No. 295, to Florida Telephone Corp., for the construction and maintenance of buried cable paralleling a portion of County Road #3-2340, between State Road 561 and County Road #3-2539.
No. 296, to Florida Telephone Corp., for the construction and maintenance of buried cable along Dist. Rd. 6661, between Eustis and Umatilla.
No. E-209, to Florida Power Corporation, for construction and maintenance of a 7200v distribution line extension of 2,250 feet, between Leesburg and Eustis.
Mr. Watkins presented a request from Mr. Henderson for a dump site located in the Sunset Hill Subdivision, Zone C-3, in the Sorrento area. The Board referred this matter to the County Engineer.
Mr. Watkins presented a letter from James E. Woodruff, strongly objecting to the use by the Board of an area for junking cars, said area being East of SR 33, South of the Macdonell Ranch. Mr. Watkins was instructed to inform Mr. Woodruff that County dumps only are being used for this purpose.
salaries and wages
Mrs. Lorine Retey, Assistant Service Officer, has taken a thirty day leave for the purpose of reconsidering her resignation, and the Veterans Office needs part time help for this period of time, and requested the Board for authorization of funds for paying such help. On motion by Commr. Deems seconded by Commr. Windram and carried, a sum not to exceed $300.00 was authorized to secure office help for one month.
It now being the time advertised to receive bids for the loading and hauling of 15,000 cu.yds. of sand, the Chairman directed the Clerk to open and tabulate the bids. Whereupon, Clerk Owens reported receiving the following bids;
Bid from Leecon, Incorporated, Leesburg, Florida, for loading and hauling of 15,000 cu.yds. of sand, to be hauled from Astatula, 98¢ per cu.yd. Total $14,700.00. Alternate bid, to be hauled from Tri-City area, 84¢ per cu.yd. Total $12,600.00.
Bid from Sandy Acres Ranch, Shields Construction Company, Umatilla, 15,000 cu.yds. to be hauled from Astatula at $1.19 per cu.yd. Total $17,850.00. Alternate bid, Borrow Pit Tri-City, 94¢ per cu.yd. Total $14,100.00.
On motion by Commr. Windram, seconded by Commr. VanAuken and carried, the Bids were referred to the County Engineer for study and recommendations to the Board.
roads – county
It now being the time advertised for a public hearing to consider the request of Harold J. Creech to declare the following described road:
Commence at the Southeast corner of the Northwest ¼ of the Northwest ¼ of Section 19, Township 21 South, Range 26 East, run thence East 1900 feet more or less to the right of way of State Road 561;
a public road by prescriptive right, and evidence being submitted in the form of three Affidavits that the road has been in existence and used by the public for a period of more than 20 years, and no one having appeared to object to the request for declaration of prescriptive road, and Mr. Creech having appeared before the Board, testifying that the road has been used by the public to his knowledge for 25 years; on motion of Commr. Deems, seconded by Commr. VanAuken and carried, a Resolution was adopted declaring said road to be a prescriptive road.
Attorney Ford was instructed to prepare a form of Petition to be used in like matters in the future.
It now being the time advertised for a public hearing to consider the request of Gary M. Brown and Perry Thompson to declare the following described road:
A certain road which is the North 660 feet, more or less, of County Road #5-5727, described as the East 15 feet of the Northeast Quarter of the Southeast Quarter of the Northwest Quarter of Section 4, Township 19 South, Range 25 East, Lake County, Florida;
a public road by prescriptive right, and evidence being submitted in the form of three Affidavits that the road has been in existence and used by the public for a period of more than 7 years, the Chairman called for interested parties to be heard. John Wilkerson, represented by his Attorney, John Merritt, both appeared, Mr. Wilkerson being the owner of a portion of the adjoining property, and objecting to the road being declared a prescriptive road. Gary M. Brown and Perry Thompson, as owners of a portion of the adjoining property, appeared with the request that the Board declare it a prescriptive road. Appearing for John Wilkerson as witnesses, were the following: Frank Waggoner; J. M. Brown; Madge Brown; W. T. Harris; James C. Dozier and Herbert Babb. Appearing for Gary M. Brown and Perry Thompson as witnesses, were the following: Alfred Ponds, Road Superintendent for the County; R. E. Rowe and L. E. Lewis, County Employees and Byron Herlong II.
On motion of Commr. Windram, seconded by Commr. Carson and carried, the Right of Way Deeds on the Wekiva River Road, conveying the following properties to Lake County, were accepted and ordered recorded in the public records:
GRANTORS: EARL R. BRONSON, SR. and wife, EVA M. BRONSON.
DESCRIPTION: THE WEST 50 FEET OF: The Northwest Quarter of the Northwest Quarter of Section 28, Township 19 South, Range 29 East, LESS the North 300 feet; and the North Half of the Southwest Quarter of the Northwest Quarter of Section 28, Township 19 South, Range 29 East.
GRANTORS: HERBERT E. BRONSON and wife, BARBARA A. BRONSON.
DESCRIPTION: THE WEST 50 FEET OF: The Northwest Quarter of the Southwest Quarter of Section 28, Township 19 South, Range 29 East; and the South Half of the southwest Quarter of the Northwest Quarter of Section 28, Township 19 South, Range 29 East.
Commr. Deems brought to the attention of the Board, a request from Lou Bethea and Mrs. Paul Commander, for the closing of a road running from County Road 2-3212 East to the Palatlakaha Creek. The matter was referred to Attorney Ford for investigation.
On motion by Commr. VanAuken, seconded by Commr. Deems and carried, a Resolution was adopted, setting a speed limit of 45 miles per hour from SR 44 North to junction of County Roads 7528 and 6836 (Known as the Lisbon Road), and directing that appropriate signs be erected on said road.
It now being the time advertised to consider a Petition to vacate a Platted Street in Leesburg and no one appearing to object to the vacation, on motion by Commr. Carson, seconded by Commr. Deems and carried, a Resolution was adopted vacating the following described street:
Begin at the Southwest corner of Lot 7, Block 127, East Leesburg; run thence East along the South line of said Block 127, a distance of 177 feet, thence run South a distance of 60 feet, thence West a distance of 177 feet, thence North 60 feet to the Point of Beginning.
On motion by Commr. Carson seconded by Commr. Deems and carried, advertising for the closing of a portion of Otter Road in Astor Forest Campsites, was authorized, the hearing on the same to be on August 10, 1971, at 10:00 A.M.
On motion by Commr. Deems, seconded by Commr. Carson and carried, Mr. Watkins was authorized to investigate the Mass Transit Planning Study for Lake County and to make recommendations to the Board. This authorization followed an appearance by Virgil Hawkins and William Kennedy of the OEO, and Mr. John Maseda of the DOT.
recess and reassembly
The meeting recessed at 12:50 P.M. for lunch and reconvened at 1:45 P.M. to take up the remaining items of business.
laws and legislation
County Judge, W. A. Milton, Jr., appeared before the Board to familiarize the Board with recent Legislation effective October 1st, under which the Florida Division of Youth Services absorbs all youth services in the counties. The Board asked Judge Milton to present a plan as soon as possible so budget requirements could be ascertained for next year’s budget.
It was brought to the attention of the Board that a Bill had been passed on July 1, 1971, that the compulsory insurance on Law Enforcement Officers has been increased from $10,000.00 to $20,000.00. The Clerk advised the Board that a Binder increasing coverage had been placed with the Company. The Board instructed Attorney Ford to determine if the Law was amended or changed.
Chairman Hoskinson informed the Board that effective October 1st, 80% of the Seven Cent Gas Tax will be returned to the County. This amounts to $310,869.00. Also the Eight Cent Gas Tax, effective as of July, will be paid to the County monthly. This amounts to $254,000.00. The County’s share is $113,000.00 and the Cities’ share is $140,622.00.
Larry VanHoose of Altoona appeared before the Board to protest the proposal made by Jim Livingston of the Lake Improvement Assn., to ban commercial fishermen from catfishing between sunrise and sunset. Mr. VanHoose pointed out that this would interfere with the livelihood of commercial fishermen. The Board assured VanHoose that he and the other commercial fishermen would be notified if there was to be any hearings on the matter.
Letter from Edward C. Simmons with reference to junk on the Glenn LaRoe property, was referred to Mr. Watkins.
Letter from Harry Anna Crippled Children’s Hospital that the South wall of the Umatilla Barn needs painting. The Board stated that this had already been taken care of.
Letters concerning a situation at the Sylvan Shores Lounge. Commr. Windram stated that he had talked with the owner of said Establishment and been personally assured by him that the situation would be corrected.
roads – state
Chairman Hoskinson referred to the County Engineer, the Right of Way Contract on SR 40, extending from Marion County Line Easterly approximately 622.63 feet. Mr. Harpster is to report back to the Board next week.
The following monthly reports were filed:
Cigarette Tax Collections and Distributions for April
Veterans Service Officer for June
Division of Corrections, Re: Lake County Jail and Stockade
Audit Report, Re: Lennon’s Ambulance Service as of May 31, 1971
bonds – misc.
On motion of Commr. Carson seconded by Commr. Deems and carried, bonds for carrying firearms were approved for the following:
Abe T. Gaskins (Renewal)
Burton F. Neely (Renewal)
Paul L. Green
F. E. Owens, Jr.
On motion of Commr. Deems, seconded by Commr. Carson and carried, bonds for contractors for certificates of competency, and one on renewal, were approved for the following:
New - #407 - L. M. Mobley
New - #604 – Millard Douglas
New - #605 – Ralph C. Parahiala d/b/a Ace Swimming Pools, Inc.
New - #606 – T. L. Ferguson d/b/a Ferguson Roofing Co.
New - #607 – Charles A. Screws
Renewal - #247 – William M. Brown
road maintenance – subdivisions
On motion by Commr. Windram seconded by Commr. Deems and carried, the County Engineer was authorized to negotiate settlement with the Belle Ayre Estates on Lake Shore Drive, with reference to its drainage problem. They are agreeable to paying $1012.00, if the County will install a culvert in the existing drainage area.
Contract between Lake County and J. O. Jones Construction Company was submitted at this time by the County Engineer. On motion by Commr. Windram seconded by Commr. Carson and carried, the Chairman and Clerk were authorized and directed to sign the Contract which has already been approved.
On motion by Commr. Windram seconded by Commr. VanAuken and carried, the County Engineer was authorized to have a survey made on the 92 acres being purchased by Lake County from Southernaire Fruit Company, Inc., toward which survey, the owners have agreed to pay up to $250.00.
roads – subdivisions
Mr. Harpster is holding several checks from property owners for the paving of Sylvan Point Drive, said checks being made payable to the Board of County Commissioners. The question arose as to whether the Board could accept these checks without advertising for bids since the individual property owners were dealing directly with the Contractor. Chairman Hoskinson instructed Attorney Ford to write the Attorney General for an opinion on this.
On motion by Commr. Deems seconded by Commr. Windram and carried, the following Mosquito Control items were declared surplus property and of no value and instructed the clerk to advertise them for sale at 10:00 A.M. on August 10, 1971:
County Property No. 2121 - 1957 Chevrolet Pickup Truck
County Property No. 3841 - 1958 Chevrolet Dump Truck
County Property No. 2110 - 1951 Willys Jeep
County Property No. 2108 - 1950 Willys Jeep
County Property No. 3863 - 1959 Oliver Dozer
County Property No. 3823 - John Deere Dozer
County Property No. 2423 - 1954 Lorain Crane Mounted Truck
County Property No. 2106 - 1943 Ford Truck
County Property No. 2103 - 1943 Ford Truck
County Property No. 2148 - 800 gal. insecticide tank
County Property No. 2132 - 1943 Ford Truck
County Property No. 2405 - 500 gal. insecticide tank
County Property No. 2107 - 1943 Ford Truck
County Property No. 2119 - 1943 Ford Truck
County Property No. 2287 - 1,000 gal. water tank
County Property No. 2191 - International Crawler Tractor
County Property No. 2101 - 1956 Dodge Power Wagon
County Property No. 2358 - 600 gal. tank on wheels
On motion of Commr. VanAuken seconded by Commr. Carson and carried, the Board authorized the Mosquito Control to clean out a ditch outside of the Umatilla South City Limits as they have done in the past.
Supplemental Budget for Construction Trust Fund and Certificates of Indebtedness Sinking Fund, have been approved as to form by the Comptroller.
Mr. Watkins brought to the Board’s attention payment due Schweizer and Associates, in accordance with the Contract, advising the Board cannot expect the State funds for a period of 45 or 50 days. He asked the Board’s direction for paying the bill and was instructed to discuss this with Mrs. Babb and bring a recommendation to the Board at the next meeting.
On motion of Commr. Carson seconded by Commr. VanAuken and carried, the Pollution Control Officer was authorized to purchase various laboratory equipment in the total sum of $592.81; and that purchase of a typewriter be authorized as requested, subject to approval of Commr. Windram.
On motion of Commr. Carson, seconded by Commr. Windram and carried, the Board approved the following:
Travel expenses for Philip Edwards and Ted Wicks to Orlando on July 15th to attend a Seminar of the East Central Florida Region Planning Commission, and for the County Engineer, Director of Planning, the Commissioners and the Attorney.
Travel expenses for Philip Edwards and Joe Hill to Tallahassee to meet with the State Pollution Control Board on July 13, 1971.
Travel expenses for Horace Ray Cannon to attend a meeting in Tampa July 11-14, with reference to Hyacinth Control Society Annual Meeting.
Travel expenses for Philip Edwards to Orlando July 6th for meeting on Lake Apopka Restoration Plan.
Travel expenses for Philip Edwards to Bushnell July 7th to meet with Sumter County Commissioners regarding formation of a Pollution Control Board.
County Engineer was authorized to install additional flood lights in the Leesburg Barn at estimated cost of $9.00.
On motion of Commr. Windram seconded by Commr. VanAuken and carried, the Finance Office was authorized to pay to Terri Robinson, aka Hermania Theresa Braxton, the sum of $345.00 as a material witness fee from April 28th through July 6th, 1971, in Criminal Cases Nos. 6829, 6830 and 6866.
On motion of Commr. Deems seconded by Commr. Windram and carried, the issuance of two checks in the amount of $60.00 each, to the Planning Department, was authorized for postage.
On motion by Commr. Deems seconded by Commr. Windram and carried, a refund fee of $20.00 on a Conditional Use Permit to Helen H. Conner was authorized.
On motion of Commr. Windram, seconded by Commr. VanAuken and carried, travel expenses for Mary M. Hamner to St. Petersburg, July 11-15, to attend a Nursing Home Administrator School, was authorized.
The Veterans Office asked for authorization to transfer two Veterans from here to Tuskegee, Alabama. They are mental problems and should not travel alone. Later in the day, the Board was informed that this matter had been taken care of, so no action was required by the Board.
A Resolution was adopted approving out of County travel in County vehicles for employees working on authorized and approved County Projects.
It was agreed by the Board to meet on Thursday, July 8th, at 9:30 A.M. to work on the Budget.
There being no further business to bring before the Board at this time, the meeting adjourned at 6:00 o’clock p.m.