MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
TUESDAY – MARCH 7, 1972
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 Tuesday, March 7, 1972, at 9:00 o’clock A.M. with the following members in attendance: Thomas J. Windram, Chairman; James R. Carson, Jr., C. A. Deems, J. M. Hoskinson and Kenneth VanAuken. Also in attendance were Christopher C. Ford, County Attorney; Fred M. Harpster, County Engineer; J. C. Watkins, Planning Director, Frank E. Owens, Clerk of Circuit Court; and Norma H. Coven, Deputy Clerk.
The meeting was called to order by the Chairman and the invocation was given by Mr. Carson, and the Pledge of Allegiance to the Flag was recited.
road maintenance – subdivision
A group of residents from Pine Park and Pine Lakes appeared with Mable E. West as spokesman. Mrs. West said the roads in the subdivisions were maintained by the County but it has been some time now since the scraper has been in and the roads are badly in need of clay. Chairman Windram told the delegation this will be referred to the Engineering Dept. for recommendation.
e. central fla. planning council
On motion of Commr. Hoskinson, seconded by Commr. Carson and carried, Mr. L. R. Huffstetler, Sr., was appointed to the E. Central Fla. Planning Council representing the municipalities, and Mr. Jack Wilson was reappointed as the layman.
On recommendation of the Governor and on motion of Commr. Hoskinson, seconded by Commr. Deems and carried, a Proclamation was adopted encouraging each and every resident and visitor to Lake County and the State of Florida to drive, walk and ride in a manner that will reflect our concern for highway safety and use the prestige of our elected offices to encourage each and every citizen of Lake County to follow this example and ARRIVE ALIVE.
roads – state
F. Wallace DeDier, Administrator, City of Tavares, appeared and presented the City’s road requests.
The City of Eustis was represented by R. A. Stebbins, Mayor, and City Commissioners. Written requests were filed.
It now being the time advertised to receive bids on two (2) pickup trucks, the Chairman directed the Clerk to open and tabulate the bids; whereupon, Clerk Owens reported receiving the following bids:
Creamons Chevrolet, Inc. $3,109.79 each, Total $6,219.58
Hodges Equipment Co. $3,015.73 each, Total $6,031.46
Bob McCullers Ford, Inc. $3,165.77 each, Total $6,331.54
On motion of Commr. Hoskinson, seconded by Commr. Carson and carried, the bids were referred to the Engineer for study and recommendation.
It now being the time advertised to consider petition to close portions of certain streets in Mount Plymouth, the Chairman called for interested persons to be heard.
John McCormick, Attorney, representing the petitioners.
The following persons appeared and opposed the petition:
Rudolph W. Broeker
A. E. Michener
Signed petitions by residents of the area were filed with the Board, together with letter from Francis Lee Albert, opposing the request.
On motion of Commr. VanAuken, seconded by Commr. Hoskinson and carried, the petition was denied.
roads – state
The municipalities were represented by the following who submitted road priority requests for 72-73:
Mayor Sam Pyles, City of Leesburg
Mgr. Robert M. Hopkins, City of Clermont
Mayor Flonnie Cope, Town of Howey in the Hills
Councilman Earl Allen, Town of Minneola
Mayor Joe Grubb, Town of Fruitland Park
Councilman Tom Houser of the City of Mount Dora
Written requests from the City of Groveland and the City of Umatilla were filed.
Chairman Windram assured all the representatives the requests will be given serious consideration in the Resolution that will go to the DOT.
Don Bronson of Clermont appeared and complained of increase in his taxes on pasture and swamp lands in the South end of the County. He was referred to the Tax Adjustment Board and the Tax Assessor.
roads – county
Chairman Windram said he has received a request from Mrs. Julia Dinsmore for County Road #4-4872 from SR 44-B to Country Club Drive be given an appropriate name and referred this to the Engineer.
The Chairman presented request from the Florida Baptist Convention for improvements to the two entrance roads leading into the Lake Yale Assembly grounds. The Engineer was instructed to notify them the portion of the roads on which Lake County has right of way will be resurfaced, and on other roads and prescriptive roads, they will be patched.
On motion of Commr. Deems, seconded by Commr. Carson and carried, the Clerk was instructed to notify Mr. Slade Godley the County will accept deed from him conveying road right of way for an extension of Glover Street to Bates Avenue in Eustis, and that he will in no way be assessed for the construction of the street.
recess and reassembly
The meeting recessed for lunch at 12:00 noon and reconvened at 1:30 o’clock p.m. to take up the remaining items of business.
licenses and permits
J. Patrick Machaels of TM Communications appeared and advised the Board the reason for his company’s delay in exercising its license with Lake County for cable television is due to new Federal Regulations; and requested a 12 months extension. On motion of Commr. Hoskinson, seconded by Commr. VanAuken and carried, action was delayed until the License Agreement is reviewed by the Board.
roads – county
Mr. P. L. Causey and Mr. Thomas Gann appeared and complained that the East end of County Road 4-6797 has been blocked by an adjoining property owner and this road is access to the Cassia Cemetery, and to Causey and Gann properties. Attorney Ford reviewed the Statutes concerning prescriptive roads and advised this is basically a civil matter and recommended the owners seek relief through the courts, or advise the parties closing the road of the Statutes 861.08.
John McCormick, Attorney, reappeared with reference to denial of petition to close roads in Mount Plymouth. The Board members concurring, the Chairman informed Mr. McCormick the Board will consider a new petition if agreeable to the opposing parties.
roads – county
Attorney Robert Austin appeared and presented a petition from John Nettleton requesting the Board to rescind action on April 20, 1970, declaring a certain road to be prescriptive road. Mr. Austin stated the road has never been opened to the public and the Resolution does not give the width of the road. Attorney Ford said if there is reasonable cause to determine if the road was in existence at the time the Resolution was adopted, the Resolution should stand; if the Board was in error due to incorrect description or the affiants were mistaken and the road actually did not exist, feel the Board could rescind its former action. Mr. Austin said he will attempt to obtain more information on this.
On motion of Commr. Deems, seconded by Commr. Hoskinson and carried, a Resolution was adopted establishing 25 maximum speed limit on the following streets in Sun Eden Subdivision:
Lakeside Drive (County No. 2-3226)
Orange Avenue (County No. 2-3126)
Bogle Street (County No. 2-3225)
Petition from residents of Umatilla for repairs to extension of County Road #5-7465 was referred to the County Engineer.
roads – state
Mr. Harpster reported on meeting with John Baisden of the DOT relative to personnel and equipment needed in order for the County to maintain its secondary roads. He submitted written recommendations. On motion of Commr. Carson, seconded by Commr. Hoskinson and carried, the Clerk was instructed to notify the DOT that Lake County will terminate its agreement with the Dept. for maintenance of secondary roads on June 30, 1972.
Mr. Harpster discussed the possibility of selling borrow material from County pit to the contractor while resurfacing SR 455. This was referred to the Engineer and Attorney.
A petition to close dedicated road in Pittman was deferred on recommendation of the County Engineer that the roads not be closed until the lots are vacated.
A petition to Close Platted Street in Eldorado Heights was denied on recommendation of the County Engineer and Planning Director that the described right of way is not within the subdivision and is not actually a dedicated right of way and the County does not have jurisdiction over privately owned land.
On motion of Commr. Deems, seconded by Commr. Hoskinson and carried, a Resolution was adopted amending and correcting a Resolution adopted on December 14, 1971, vacating and closing certain streets in Mountainview Subdivision (O. R. Book 454, Page 274.) Said Amendment corrects the Plat Book and Page of the described streets.
Mr. Watkins informed the Board he has a request from G & B Packing Corp. (Zoning Case #9-72-1) for permission to reapply for the zoning change before the one year period. Chairman Windram said the Board is adverse to overturning its decision and to advise him to reapply at the specified time.
Mr. Watkins submitted recommendation from the Board of Examiners for arriving at estimated value for the issuance of building permits. On motion of Commr. Deems, seconded by Commr. Carson and carried, the following fees were approved and adopted to become effective April 1, 1972:
Residence and Mobile Homes - $12.00 per sq. ft. for living area
Residence and Mobile Home Accessory Area (screen porches, etc.) $5.00 per sq. ft.
Commercial Buildings - $10.00 per sq. ft.
All other type of Structures - $5.00 per sq. ft.
Electrical Permits – Minimum $5.00 plus installation fee schedule as adopted in 1967
Plumbing Permits – Minimum $5.00 plus installation fee schedule as adopted in 1967
contracts and agreements
On motion of Commr. Hoskinson, seconded by Commr. Deems and carried, the Board approved Lease with the Town of Minneola to lease the following described County property to be used as a gun range; and the Chairman and Clerk were authorized to execute the lease:
The NW 1/4 of the NE 1/4 of the SW 1/4 of Section 7, Township 22, Range 26, Less the R/W for proposed highway in Lake County, Florida.
Contracts with the Cities of Eustis, Tavares and Mount Dora covering the operation of the Lake County Landfill were approved as amended on motion of Commr. Deems, seconded by Commr. VanAuken and carried, and the Chairman and Clerk were authorized to execute the contracts.
licenses and permits
Chairman Windram announced a Resolution was adopted by Seminole County declaring a moratorium on building permits along the east bank of the Wekiva Bank and has asked this Board to do likewise, and recommended that the Planning Director and Attorney study the advisability of this and report to the Board.
County beverage license issued to Mission Inn, Howey, was referred to the Attorney and Commr. Deems.
Chairman Windram referred to the Pollution Control Office a letter from South West Florida Water Management District to the Game & Fresh Water Fish Commission regarding the hyacinth problem in the Apopka-Beauclair Canal.
Recommendations from the Time Insurance Co. agent concerning increase in benefits in the Lake County Group Plan was referred to the Engineer to notify Mr. Boswell to resubmit his proposal when the Board considers budget requests.
elections – special
Chairman Windram instructed the Clerk to advertise a change of voting place for Pct. 40 from the Jiffy Food Store to the former Larsen’s Store in the Golden Triangle Shopping Center.
Request from the Lake County Chamber of Commerce for 15 No Parking signs at the Fairgrounds was approved on motion of Commr. Deems, seconded by Commr. Hoskinson and carried.
licenses and permits
Mr. Harpster informed the Board the A & B Rubbish Co. of Homosassa Springs has purchased a County Occupational License and is requesting a franchise from the County to operate in Section D of the proposed Refuse Collectors’ Program. Action on this was deferred pending consideration of the proposed Ordinance.
On motion of Commr. Carson, seconded by Commr. Deems and carried, the Clerk was authorized to advertise bids for road resurfacing work to be opened April 11.
Commr. Carson reported on an unknown development north of Leesburg, and south of Tally road and East of Tally Box Plant. He said the area is being drained and this could develop into quite a drainage problem as the Engineer reports there is not sufficient outfall to the lake. The Engineer has been attempting to find out what the development will be. Have heard it will be a mobile home park and annexed into the City. What can we do before this problem exists?
bonds – misc.
On motion of Commr. VanAuken, seconded by Commr. Deems and carried, Bonds for Carrying Forearms were approved for the following:
Francis N. Edwards (4)
Jessie J. Edwards (5)
Johnnie W. Edwards
W. E. Smith, Jr.
Lindner E. “Dick” Reynolds
Louis C. Range
Lois Ferguson Thomas
John E. O’Bryant
Wesley J. Walton
Contractors’ bonds for Certificates of Competency on the following were approved on motion of Commr. VanAuken, seconded by Commr. Deems and carried:
No. 222 – Martin P. Theilig
788 – Marvin E. Bell
789 – John B. Williams
790 – John D. McLain
791 – Robert M. Vickery d/b/a Vickery Plastering Co.
792 – Emmett Sapp
793 – Pete Manley d/b/a Seabreeze Pools
794 – David E. Schutt d/b/a Quality Air
Request to cancel bond on Clarence W. Payne as Trustee of the Northwest Lake County Hospital District was approved by the Board.
Deputy Sheriff Bonds on the following were approved on motion of Commr. Hoskinson seconded by Carson and carried:
Herbert C. Flavell
Donald Clifford Josefczyk
Connie Elliott Parker
Kenneth H. Westbrook
The Clerk presented request from C. E. Duncan to declare the following described property located in Tavares surplus and advertise same for sale in order to perfect the title:
Commence at the NW corner of Lot V in Block 8, in City of Tavares as shown by sheet #10 of the supplemental plat of Section 29 & 32, Official Plats of the survey of said Section in Township 19 S., Range 26 E., of the Tallahassee Meridian and run thence South approximately 13 feet to the Old Meander line as set forth on said Plat, thence run N of E to intersect the N line of said Lot V at approximately the NE corner of said Lot V, thence run W. to the NE Corner of Lot V.
On motion of Commr. Hoskinson, seconded by Commr. Carson and carried, the above described property was declared surplus and an appraisal of the property was authorized.
Notice from the Division of Family Services that the Food Stamp Program will go into effect in Lake County on May 1, 1972, was read and filed.
Letter of complaint from Richard Rowley that property located in Lady Lake is being used as a garbage dump was referred to Mr. Watkins to investigate if violation of health code exists.
laws and legislature
Notice from the State Division of Health attaching copy of House Bill 3650 which will affect the County Health Departments was referred to the Attorney.
Request from the Tax Assessor for approval of Certificates of Error and Correction on the 1971 Tax Roll numbered 192 thru 197 was approved on motion of Commr. VanAuken, seconded by Commr. Hoskinson and carried.
On motion of Commr. Deems, seconded by Commr. Hoskinson and carried, the action of the Chairman and Clerk was approved in approving petitions to the W. T. Edwards Tuberculosis Hospital for the following:
Robert Leroy Attkisson
James Wayland Divine
Gloria Jean Taft
John H. Tunstall
licenses and permits
Use Permits filed by the County Engineer were approved on motion of Commr. Deems, seconded by Commr. VanAuken and carried to the following:
No. 336 to Florida Telephone Corp. to construct and maintain buried and aerial cable along County Rd. #3-0542 between SR 561 and SR 25.
No. 338 to Fla. Telephone Corp. to construct and maintain buried cable along County Rd. #4-3780 between Highland Ave. and east of US 441.
No. 344 to Fla. Telephone Corp. to construct and maintain buried cable along County Rd. #4-4298 between Mt. Dora and Sanford.
No. 345 to Fla. Telephone Corp. to construct and maintain buried cable along County Rd. #2-0611 between SR S-565 and Bay Lake.
No. 346 to Fla. Telephone Corp. to construct and maintain buried cable along County Rd. #1-5913 between SR S-466-A and Picciola Island.
To Florida Power Corp. to construct and maintain aerial transmission line crossing County Rd. #3-1067 between Clermont and Winter Garden.
To Florida Power Corp. to construct and maintain aerial transmission line crossing County Rd. #3-1158 between Clermont and Winter Garden.
To City of Leesburg to construct and maintain water main along County Rd. #1-4606 at the western city limits of Leesburg.
On motion of Commr. Deems, seconded by Commr. Carson and carried, the Board approved transfer of the following equipment from the Tax Collector’s Office to the Supervisor of Elections:
Property No. 3870 – Graphitype Machine
Property No. 3031 - Printer
roads – county
Request from the Sylvan Shores Association for a reduced speed limit on Morningside Drive due to the number of accidents at the intersection with Old SR 500, was referred to the Chairman.
On motion of Commr. Carson, seconded by Commr. Hoskinson and carried, a Resolution was adopted establishing a maximum speed limit of 35 MPH on Poinsettia Ave. in Fruitland Park (County Road #1-6006) and appropriate signs to be erected.
suits affecting county
Attorney Ford presented a letter from Gordon Hays, Jr., former County Engineer, advising that several years ago the road crew inadvertently cut down two trees on Mrs. Christine Marie Smeltekopf’s property and she brought suit against the County, and as a settlement out of Court the County agreed to pay her $500.00 for the trees. The case has never been dismissed because the funds have been paid to the Plaintiff. On motion of Commr. Carson, seconded by Commr. Deems and carried, the Clerk was directed to pay from Road & Bridge Fund, $500.00 to Mrs. Smeltekopf in settlement of Chancery Case No. 19,282.
Clerk Owens informed the Board before moving the Finance Dept. to the first floor of the Courthouse, it will be necessary to install two vault doors. He presented quotation from Diebold, Inc., in the amount of $995.00. On motion of Commr. Carson, seconded by Commr. Deems and carried, Commr. Hoskinson was authorized to work with Mr. Owens on the purchase and installation of the vault doors and other necessary purchases.
Attorney Ford reported the Chapman case is set for trial March 16 and recommended a meeting with the two School Board members and the Tax Assessor before the trial, and that the Chairman and former Chairman attend the trial.
On request of the Attorney and on motion of Commr. Carson, seconded by Commr. Hoskinson and carried, the Attorney was authorized to employ Mr. Sayford as appraiser in the Chapman suit.
Mr. Ford reported the Soap and Detergent Association has sent $14,000 to the University of Florida and the Program is underway.
Mr. Ford advised a suit has been filed against Robert Stark and the hearing will be in a few days.
On motion of Commr. Deems, seconded by Commr. Hoskinson and carried, the Attorney was directed to proceed immediately to obtain abandoned SCL Railroad rights of way in Lake County.
The Attorney was instructed to draft an Ordinance allowing the hospitals to file liens in order to collect unpaid hospital bills.
Chairman Windram filed a written report of efforts and results of the County’s opposition to HB 3020 which in effect would repeal the County’s detergent Ordinance. The Chairman stated he feels it both proper and fitting that letters of appreciation go out to the individuals and organizations who contributed so much in our fight to protect the interests of Lake County.
roads – state
Commr. Hoskinson filed traffic regulation changes from the DOT at the Intersection of SR 500-A and the Golden Triangle Shopping Center Entrance, and speed zone restriction on SR 44 in Lisbon.
Copy of letter from the Mayor of Howey to the DOT was filed; said letter opposes the four-laning of SR 19 thru the Town of Howey.
Information sheet from the Board of Trustees of Internal Improvement Fund regarding Water Encroachment Study was filed with the Board.
A Resolution adopted by Charlotte County requesting the State Dept. of Pollution Control not to adopt Rules and Regulations until further hearings with interested groups, was referred to the Pollution Control Officer.
Copies of letters from the U.S. Dept. of Interior, Architects, and the State Dept. of Pollution Control were filed regarding the City of Clermont’s Disposal Plant.
The following monthly reports were filed:
Veterans Serivce Office for February
Code Enforcement Office for February
Request from County Judge W. A. Milton, Jr., for approval of expenses for microfilming in the County Judge’s Office was referred to the Clerk.
On motion of Commr. Deems, seconded by Commr. VanAuken and carried, the Board approved repairs to the braking machines at the MVI stations in the amount of $224.00.
On motion of Commr. Carson, seconded by Commr. VanAuken and carried, travel was approved for the Engineer and Frank Woodson to attend Annual Convention of Vehicle Safety Inspection Association in Sarasota, March 16-18.
The Engineer was authorized to purchase a set of Florida Statutes for $50.00 on motion of Commr. VanAuken, seconded by Commr. Carson and carried.
On motion of Commr. Hoskinson, seconded by Commr. Deems and carried, travel was approved as follows:
Phil Edwards to Tallahassee Feb. 24 and 25 and Feb. 29 and March 2 relative to Detergent Ordinance and March 8 to attend technical conference with muck farmers.
William K. Hennessey to attend State Pollution Control Meeting re: laboratory techniques in Winter Haven March 16.
Requisition from the Sheriff in the amount of $42,717.49 was approved on motion of Commr. Deems, seconded by Commr. VanAuken and carried.
On motion of Commr. Hoskinson, seconded by Commr. Deems and carried, the Courthouse Custodian was authorized to purchase a lawn mower not to exceed $60.00.
Mr. Harpster presented check from Harley Morse in the amount of $90.00 reimbursement for grading Pennsylvania St., Astatula.
There being no further business to bring before the Board, the meeting adjourned at 6:00 o’clock p.m.