MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
TUESDAY – may 2, 1972
The Board of County Commissioners of Lake County, Florida, convened in regular session in the Commissioners’ Room, Courthouse, Tavares, Florida, on Tuesday, May 2, 1972, at 9:00 in the forenoon with the following members present: 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. VanAuken, and the Pledge of Allegiance to the Flag was recited.
minutes
On motion of Commr. Hoskinson, seconded by Commr. VanAuken and carried, the minutes of the regular meeting of March 7, 1972 were approved as submitted.
On motion of Commr. Deems, seconded by Commr. Hoskinson and carried, the minutes of the regular meeting of March 14, 1972 were approved as amended.
On motion of Commr. Carson, seconded by Commr. VanAuken and carried, the minutes of the regular meeting of March 21, 1972 were approved as amended.
On motion of Commr. Carson, seconded by Commr. VanAuken and carried, the minutes of the special meeting of March 24, 1972 were approved as submitted.
courts
On motion of Commr. Carson, seconded by Commr. Deems and carried, the Chairman was authorized to appoint a Judiciary Advisory Committee to make recommendations to the Board relative to the allocation of space of the Lake County Courthouse and incidental matters relating to Judicial Reform under the implementation of Article V. Chairman Windram announced the appointments will be Dewey Burnsed, President of the Lake-Sumter Bar Association; P. C. Gorman; and C. E. Duncan. The Chairman was authorized to act as ex-officio member of the Committee.
water pollution
Chairman Windram again discussed the Oklawaha River Basin Improvement Council saying it is extremely difficult to accomplish much with so many being involved. There will be another meeting the third week in May and all cities and agencies have been notified to appoint a representative to attend the meeting. On motion of Commr. Deems, seconded by Commr. Hoskinson and carried, Commr. Carson was appointed to represent the Board and back any recommendations to the Board for approval.
appointments
On motion of Commr. Deems, seconded by Commr. Carson and carried, Guilford T. Sims and Richard E. Toole were reappointed to the Lake County Pollution Control Board effective June 5, 1972 for a two-year term.
East Central florida regional planning council
Chairman Windram reported he received a letter from L. R. Huffstetler, Sr. declining the appointment to the East Central Florida Regional Planning Council. The Clerk was instructed to request another recommendation from the League of Cities and to give the request immediate attention.
hospitals
Letter from Dr. Hall outlining the history of the Orange County Tumor Clinic was filed, with members of the Board receiving a copy of the letter.
Road closings
It now being the time advertised to hold a public hearing to consider a petition to close a portion of unnamed streets in Eldorado Heights. Norman Cummings, Attorney, appeared representing the petitioners. Attorney Ford advised a letter is on file from Lake Abstract and Guaranty Company stating that title insurance will not be issued on the adjoining property until the street is closed officially by the Board. Engineer Harpster presented the Plat of Eldorado Heights and Clerk Owens said the road was the access to the lots, and he pointed to what appears to be road on the Plat, continuing that the County condemned the property and made it a public road. The lake is a meander lake. Mr. Harpster recommended that the entire length of the road be vacated to clear the titles.
On motion of Commr. Carson, seconded by Commr. VanAuken and carried, a resolution was adopted closing and vacating the following described unnamed street:
Begin at the Northeast corner of Lot 173 in the said Eldorado Heights, thence run Westerly along the Northerly line of the said Lot 173 to the Northwest corner of the said lot; thence run Northerly along a Northerly extension of the Westerly line of the said Lot 173 to the waters of Lake Eldorado, the said point being hereby designated as Point “A.” Begin again at the point of beginning, thence run Northerly along a Northerly extension of the Easterly line of Lot 173 to the waters of Lake Eldorado; thence run Westerly along and with the waters of the said lake to the above designated Point “A.”
roads – county
On motion of Commr. VanAuken, seconded by Commr. Hoskinson and carried, a resolution was adopted establishing a maximum speed limit of 25 MPH on County Rd. 5-8498, Lake Mack Road, and appropriate signs erected.
Commr. VanAuken reported he has informed the owners on County Rd. #5-7528, Emeralda Road, that the road will be rebuilt when the necessary right of way is obtained.
The Engineer was instructed to make recommendation on a speed limit on the streets in Little Lake Harris Shores.
Chairman Windram submitted a notice from Camp Challenge, Sorrento, to the residents of the area that the Camp intends to close a dirt road through the camp to their properties as of May 1st. Also, petition signed by the residents requesting the County to keep the road open and that same has been used by the public for over 20 years. On advice of the Engineer that the County maintained portion of the road goes only to the Camp, the Attorney was instructed to notify the petitioners the road is not a County maintained road and the only action needed to keep the road open is a civil suit.
Emery W. Dillard, Jr. appeared and presented three affidavits that a certain road in the Seneca area has been used by the public for more than 20 years and requested that the Board declare the road a public road by prescription. On recommendation of the Attorney, the affidavits were returned to Mr. Dillard and he was advised to pursue this matter in Court.
road maintenance – subdivisions
The Engineer presented check in the amount of $6,125.71 representing proportionate share of the property owners’ costs for resurfacing the following named streets in Tropical Shores Manor and Venetian Park Subdivisions under the county wide resurfacing program:
Tropical Shores Drive
Sunset Drive
Indiana Drive
Watts Court
Tropical Triangle
On motion of Commr. Hoskinson, seconded by Commr. Deems and carried, the check was accepted and upon completion of the work, the roads will be included in the county maintained road system.
ordinances
Chairman Windram announced it is time to consider an ordinance for the regulation and control of refuse collection and disposal; whereupon, on motion of Commr. Hoskinson, seconded by Commr. Carson and carried, the ordinance was placed on second reading by title only; said title being:
REFUSE AND GARBAGE DISPOSAL ORDINANCE
A bill to be entitled An Ordinance relating to the regulation and control of the accumulation, burning, collection, disposal and transportation of garbage in Lake County in all areas not within the boundaries of any municipality; providing for definitions; providing for franchises and their renewal; providing for the terms and conditions of such franchises, and the method of operation of said franchises; providing for the suspension or relinquishment of franchises; providing the equipment requirement for franchises; providing the method of operations of the franchises; providing for franchise fees; requiring franchises for the collection, hauling, or transportation of refuse for hire, permitting the County to provide a disposal site; providing for landfill fees; providing for agreements between municipalities and/or certain industries, and the County for landfill use fees; providing for customer responsibilities; declaring the violation of the ordinance a misdemeanor and authorizing the Board of County Commissioners by suit to enjoin the violation of the ordinance; providing the Board of County Commissioners with regulatory powers; providing that the ordinance shall be liberally construed; providing the severability clause; and providing an effective date.
On motion of Commr. Hoskinson, seconded by Commr. Carson and carried, the ordinance was approved on second reading.
An ordinance providing for liens in favor of operators of hospitals supported or aided by local tax revenue was considered at this time and recommended changes were made to the draft. On motion of Commr. Hoskinson, seconded by Commr. Deems and carried, the ordinance was placed on first reading by title only, said title being as follows:
An Ordinance providing for liens in favor of operators of hospitals supported or aided by local tax revenue in Lake County upon causes or action, suits, claims, counterclaims and demands accruing to patients therein, or their legal representatives, and upon judgments, settlements and settlement agreements, on account of injuries of such patients, for all reasonable charges for hospital care, treatment and maintenance necessitated by such injuries; providing for method of perfecting and enforcing such liens, and for the recovery costs, and reasonable attorney’s fees in any action enforcing such liens; requiring claims for lien to be recorded and fees for recording; providing that no release or satisfaction shall be valid as against lien unless lienholder joins therein or executes release; providing that acceptance of release or satisfaction of any cause of action, suit, claim, counterclaim, demand or judgment and any settlement in absence of release or satisfaction of lien shall prima facie constitute impairment of such lien, and giving lien holder right of action at law for damages on account of such impairments, and providing for recovery from one accepting release or satisfaction or making settlement; exempting from provisions of this act matters within purview of workmen’s compensation act of this state.
On motion of Commr. Deems, seconded by Commr. VanAuken and carried, the ordinance was approved on first reading as amended.
leases
On motion of Commr. Carson, seconded by Commr. Hoskinson and carried, the Engineer was authorized to obtain a lease agreement from the SCL Railroad Company to lease railroad property in Tavares as a parking lot for an annual rental rate of $25.00.
ordinances
Mr. E. R. Cavanna, Orlando, representing Holiday Inn, Quality Courts, and Standard Oil Co., appeared and asked the Board’s consideration of the proposed ordinance requiring central sewage and water service by the property owners at the intersection of SR 19 and SR 25. He was advised the proposed ordinance has not been advertised for public hearing and when it is he will be notified.
recess and reassembly
The meeting recessed for lunch at 12:00 noon and reconvened at 1:30 p.m. to take up the remaining items of business.
budgets
Deputy Clerk Doris Babb presented amended budgets resulting from participation in federal projects and same were approved as submitted on motion of Commr. Carson, seconded by Commr. Hoskinson and carried.
Maps and plats
Cuyler Lanier and E. T. Hall appeared and presented Plat of 3rd Addition to Venetian Village. The Planning Director recommended that the plat be resubmitted to the Advisory Committee of the Planning and Zoning Commission.
Planning and zoning
Chairman Windram submitted a letter from the Department of Transportation requesting copies of Lake County’s Zoning Regulations, ordinances and other criteria relative to zoning policies and procedures, and same was referred to the Planning Director.
On inquiry from Commr. Carson, Mr. Watkins advised Lake County has not adopted a moratorium on development along the Wekiva River and building permits are being issued.
Contracts and agreements
On motion of Commr. Deems, seconded by Commr. VanAuken and carried, the Chairman and Clerk were authorized to execute contract with MacAsphalt Corp. for resurfacing county roads in the amount of $524,595.50.
On recommendation of the Engineer and on motion of Commr. Carson, seconded by Commr. Deems and carried, the Board approved an agreement with MacAsphalt Corp. to lease approximately five acres at the Astatula Landfill and sell them sand at the rate of 25 cents per ton and rental of $150.00 per month for as long as the site is needed for the operation of an asphalt plant in conjunction with the county’s road resurfacing program. Revenue from the agreement will go into the General Revenue Fund.
County employees
On recommendation of the Engineer, the Board approved working hours for the Road and Bridge employees from 42 ½ per week to 40, and increased the survey crew from 37 ½ to 40, effective October 1, 1972.
bids
On motion of Commr. Hoskinson, seconded by Commr. VanAuken and carried, the Board authorized bids for Workmen’s Compensation insurance on June 6, 1972.
inventory
Clerk Owens presented a list of items located at the Commodity Warehouse and recommended disposition of the equipment as follows:
County # 234 – Sunstrand Adding Machine Transfer to Building Custodian
564 – Telefacts 2 drawer file Transfer to Building Custodian
1584 – Wood swivel arm chair Transfer to Building Custodian
2991 – Admiral Freezer Junk
2992 – Admiral Freezer Junk
3009 – Crusader kerosene heater Transfer to Building Custodian
3010 – Oasis Drinking Fountain Transfer to Building Custodian
3528 – Wood typewriter desk Transfer to Building Custodian
3530 – Wood arm chair Transfer to Building Custodian
3531 – Wood arm chair Transfer to Building Custodian
4019 – Fedders air conditioner Junk
4028 – Philco air conditioner Junk
4493 – Electric heater Transfer to Building Custodian
4494 – 6 sections of roller conveyor School Board Maintenance
4529 – Philco air conditioner Junk
On motion of Commr. Carson, seconded by Commr. Hoskinson and carried, the junk items were declared surplus and of no value and the other items were transferred to the Building Custodian. The Clerk was requested to contact the Vo-Tech School if they would like any of the junk items for parts.
Bonds – misc.
On motion of Commr. Hoskinson, seconded by Commr. Carson and carried, bonds for carrying firearms were approved for the following:
Francis J. Barrett
Ernest C. Aulls, Jr.
Joan G. Register
Earl C. Alger
Thomas D. Weaver
Maurice E. Hindman
Contractors’ bonds for Certificates of Competency were approved for the following on motion of Commr. Deems, seconded by Commr. Carson and carried:
No. 812 – Earl Poteet (Carpentry)
813 – Sal Revello
814 – Bob Shufelt d/b/a B & G Cement
815 – Calvin Ames Messick (Specialty)
816 – Jerry Warren (Specialty)
On motion of Commr. Deems, seconded by Commr. Hoskinson and carried, surety bonds were approved for the following as Deputies Sheriff:
Charles Leslie Padgett, Jr.
James Christopher White
insurance
Clerk Owens submitted recommendations of the Engineer under the Boiler and Machinery coverage for corrections to equipment in the Ag Center, Jail, Courthouse, and advised that the proper personnel at each location has been notified to make the corrections.
County property
Request from the City of Leesburg for the county to deed abandoned clay pits located inside the city limits was referred to the Attorney.
Roads – county
On request of Commr. Hoskinson, the Engineer was instructed to prepare an estimate of the cost of improvements to Pearl St. from SR 25 to the school in the Town of Minneola, and to contact the Town for assistance in the cost of the work.
On motion of Commr. Hoskinson, seconded by Commr. VanAuken and carried, a plat of Seminole Springs Cemetery Road, County #4-5890, was approved and ordered recorded in the public records.
On recommendation of the Attorney that the parking around the Sylvan Shores Lounge on Morningside Drive in Mount Dora could be a law enforcement problem, the Chairman agreed to contact the Sheriff on this.
Roads – state
With reference to county maintenance of State Secondary Roads, the Engineer was instructed to contract the larger jobs and handle the smaller jobs with county equipment utilizing the mowing equipment. Will budget for additional mowing equipment next year.
Clerk Owens informed the Board the Department of Transportation has returned the Maintenance Agreement for county maintained Secondary Roads because of the deletions made in the agreement. Attorney Ford recommended that Paragraph 2 be added back to the agreement, but to leave the deletion of Paragraph 4 as being entirely too broad. On motion of Commr. Deems, seconded by Commr. Hoskinson and carried, the Board approved the Agreement as stated above and new forms were executed by the Chairman and Clerk.
appraisers
On recommendation of the Attorney, the Board approved Allen Sayford as appraiser and expert witness in the McKinney and Sulphur Springs suits.
Laws and legislation
Clerk Owens presented a letter from the Governor regarding the Board’s resolution requesting a veto of SB 1214 and giving as his reason for not vetoing the bill “Since the local delegation in this instance determined that SB 1214 was appropriate and all the technical requirements for its passage had been met, I could find no compelling reason to veto same.”
On recommendation of the Attorney, Commrs. Hoskinson and VanAuken were requested to meet with the Supervisor of Elections relative to redistricting under the new reapportionment.
Chairman Windram filed a letter from Judge John W. Booth correcting article in the Orlando Sentinel relative to his discussion last week of the impact and implementation of Article V.
courts
Judge W. Troy Hall, Jr. appeared and informed the Board the Courts are hurting for space to hold trials due to the new law whereby a defendant’s charges can be dismissed if he is not brought to trial within 60 days, and asked for the use of the Board room for May 23, 24, and 25 for the Grand Jury, and civil trials on May 15, 17, 18, and 19. His requests were granted.
road closings
Attorney Ford informed the Board on March 7, 1972 a petition to close a dedicated road in Pittman was presented to the Board and on recommendation of the Engineer that the lots should be vacated before closing the road, it was not approved to be advertised. E. C. Aulls, Jr., Attorney, was present representing the petitioners and asked for reconsideration of the petition. On motion of Commr. VanAuken, seconded by Commr. Hoskinson and carried, a public hearing was authorized for June 6, 1972, to consider a petition to close the following described road:
In the town of Pittman, as shown on the Plat filed and recorded in the Public Records of Orange County, Florida, on the 21st of February, 1884, lying within Southeast quarter of South half (1/2) of Section 19, and Southwest quarter and North half (1/2) of Northwest quarter and North half (1/2) of Southeast quarter and Lots 3 and 4, in Section 20, Township 17 S., Range 27 E.
That part of Money Avenue commencing at the North boundary of the Plat of Pittman and extending South between Lots 1, 2, 3, and 4 on the East and Lots 17, 18, 19, 20, 21, 22, 23, and 24 on the West.
Also, that part of Kentucky Avenue commencing at the North boundary of Plat of Pittman and extending South between Lots 1, 2, 3, 4 on the West and unnumbered tract on the East.
Both portions of Avenues extending to the North Boundary of Thomas Avenue.
communications
Resolution adopted by Putnam County relative to commercial fishing in the St. Johns River was read and filed and the Clerk was instructed to ask the Game and Fresh Water Fish Commission for an opinion of this.
complaints
Field-investigation report from the Pollution Control Officer on complaint from W. J. Godtell that spraying of mosquitos is polluting the air and water and general atmosphere and hurts his bronchial tubes was read and filed.
Letter from C. Jeffery Arnold, Attorney, complaining of “Notice to Remove” placed on an automobile of his client, Mr. Alan R. Burhenne, was answered by the Code Enforcement Officer and filed with the Board.
Accounts allowed
On recommendation of the Attorney, the Board approved reimbursement to the county officials for the share of group health insurance that was repaid by the officials to the county, and effective immediately the county will assume its share of the premium. It was the Attorney’s opinion there is no authority to reimburse the officials for the amounts not originally paid by the county.
On motion of Commr. Deems, seconded by Commr. Carson and carried, travel was approved for Sam Mazzotta and J. M. Hoskinson to attend Planning and Zoning Conference in Tampa, May 3-6.
Travel was approved for the Engineer to attend public works meeting in Tampa for one day only, on motion of Commr. Carson, seconded by Commr. VanAuken and carried.
On motion of Commr. Hoskinson, seconded by Commr. VanAuken and carried, the Board approved the purchase of ledger cards and back-up sheets from NCR to be used for Uniform Support cases in the Clerk’s Office.
On motion of Commr. VanAuken, seconded by Commr. Hoskinson and carried, the Board approved the purchase of one Acme Visible Card File for the Clerk’s Office in the sum of $431.75.
Request from the Home Economics Agent for advance of $48.00 for fees and meals at Camp McQuarrie for 4-H members was approved on motion of Commr. Deems, seconded by Commr. VanAuken and carried.
On motion of Commr. Deems, seconded by Commr. Carson and carried, travel was approved for Emogene Stegall, the Clerk, and Deputy Clerk to attend Elections Workshop in Tallahassee, May 10-11, and Mrs. Stegall to attend Supervisors’ Conference, May 12-13.
accounts – refused
On motion of Commr. Deems, seconded by Commr. VanAuken and carried, the Clerk was instructed to notify Martin’s Carpets that the carpet job in the Finance Office is not acceptable and the Board requests that the carpet be replaced.
county employees
On motion of Commr. Deems, seconded by Commr. Carson and carried, accrued annual leave was approved to be paid Chas. H. Lewis, Commodity Wholesale Clerk.
Cancellations of warrants
Road and Bridge warrant No. 528 to Central Paper Company dated April 11, 1972, in the sum of $751.17 was cancelled due to duplicate payment.
County buildings
Chairman Windram advised he has a request from the Division of Family Services that the Board consider housing the Division of Youth Services in its future building plans. The Division will be in a position to pay rent and would rather deal with a governmental agency rather than a private concern. On motion of Commr. Carson, seconded by Commr. Deems and carried, the Chairman was authorized to consult with the two agencies and notify them the Board feels favorable toward providing the space subject to rent and space requirements.
reports
The following reports were filed:
Veterans Service Officer for April
Quarterly Report of Ag and Home Economics Departments
There being no further business to bring before the Board, the meeting was adjourned at 5:00 p.m.
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chairman
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Clerk