MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
JULY 3, 1973
The Board of County Commissioners of Lake County, Florida, convened in regular session Tuesday, July 3, 1973, in the Commissioners’ Room, Courthouse Tavares, Florida, at 9:00 o’clock A.M. with the following members present: C. A. Deems, Chairman; James R. Carson, Jr., Thomas J. Windram, J. M. Hoskinson and Glenn C. Burhans. Others present were: James C. Watkins, Clerk of Circuit Court; Fred M. Harpster, County Engineer; Christopher C. Ford, County Attorney; Joseph E. Flynn, County Planner; Norma H. Coven, Deputy Clerk; Doris Babb, Financial Officer.
The Chairman called the meeting to order and the invocation was given by Commr. Carson. The Pledge of Allegiance to the Flag was recited.
road and bridge
Commr. Burhans moved that a culvert of sufficient size to move the water, as determined by the Engineer, be installed on district Road 5-8589 in Paisley on Sunset View Drive. This was seconded by Commr. Hoskinson and carried unanimously.
communications
The Chairman read a letter from the Department of Agriculture concerning exchange of land in Astor, with Roger Williams, and requesting any comments from the Board by July 15, 1973.
A letter was read by the Chairman from Civil Defense congratulating Mr. Fred Bollenberg on his completion of a three-day Disaster Preparedness Seminar at the annual regional meeting. He was awarded a Certificate for Significant Personal Achievement with attendant benefits to the County.
A letter was received from the United States Department of the Interior regarding the Cooperative Hydrologic Monitoring Program with the U. S. Geological Survey.
Clerk Watkins read a letter from the United States Department of the Interior, Geological Survey, Water Resources Division, pertaining to the effects of sand mining on Lake Melton. Copies of this letter will be sent to Attorney Carter Moore, the Board members, and the County Planner.
A copy of a letter from the Florida Game and Fresh Water Fish Commission to Rep. Vince Fechtel, Jr. was read. This was in regard to improving the fish population and fishing success in Lake County.
Clerk Watkins read a letter from the Department of Transportation requesting a progress report on highway needs relating to 100% City or County funded highway and street improvements. This was referred to the Engineer.
Letters from Congressmen Bill Gunter, Lou Frey, Jr., and Bill Chappell concerning the Electronic Warfare Range in the Ocala National Forest were read and filed.
Mr. J. Leon Hamilton, Principal of the Eustis High School, wrote a letter to the Board expressing the School’s appreciation for the use of the Exhibition Hall for Commencement Exercises for the past four years. A copy of this letter is to be sent to Carl Smith, Executive Secretary of the Lake County Chamber of Commerce.
appointments
On motion of Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, Mr. Carl R. Ludecke of Silver Beach Heights, was appointed to serve on the Zoning Board of Appeals from District 5.
juvenile
The Chairman read a letter from the Division of Youth Services containing statistics on the number of runaway children to and from Lake County.
Commr. Hoskinson reported that Mrs. Knowles of the Division of Youth Services has requested that the Division office be allowed to stay on the Courthouse telephone systems and reimburse the County for expenses incurred. It was the Board’s opinion that the State should furnish the telephones for the Youth Services Office.
laws and legislature
Commr. Hoskinson spoke regarding the confusion in connection with House Bill #2168 which deals with Certificates of Competency. He said that he was under the impression that the Bill had died in the Senate. However, Senator Glisson informed the Building Official that the Bill had passed and had become effective July 1, 1973. This was referred to the County Attorney for investigation.
Commr. Hoskinson stated that apparently there has been a change in the status of the State law on sales of liquor on Sunday. This would mean that if there is no local law to the contrary, the State law would apply. Commr. Carson suggested that perhaps our County Ordinance needs amending. The matter was referred to the Attorney.
bids
It now being the time advertised to receive bids on Workmen’s Compensation Insurance, the Chairman directed the Clerk to open and tabulate bids, whereupon the following bids were received:
Continental Insurance Co. (Geiger, Holstein & Church) $32,126.00
Travelers Indemnity Co. (Geiger, Holstein & Church) 32,156.00
Twin City Fire Insurance Co. (Simpson-Waite) 32,170.00
Seaboard Fire and Marine Co. (Simpson-Waite) 32,156.00
Pacific Employers (Simpson-Waite) 32,172.00
Twin City Fire Insurance Co. (Leesburg Insurance Agency) 32,170.00
American States (Leesburg Insurance Agency) 32,066.00
Continental Insurance Company (Manco Agency) 32,156.00
Nationwide Mutual (Noblitt Agency) 32,155.00
The bids were referred to Clerk Watkins and the Attorney for verification of specifications on motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously.
animals
Commr. Burhans and the Engineer presented a drawing of a concept for a dog pound the cost of which would be approximately $12,000.00. Commr. Carson asked if it is possible to contract with the Leesburg Humane Society to handle the care of the animals. The Chairman requested Commr. Burhans to contact whoever is in charge of dog control in Orange County and ask them to come to the next Board meeting and outline the operation they have. The Attorney said it is the duty of the Sheriff to take care of the animals and if he does not, the Board of County Commissioners has the authority to designate someone to do so. The Chairman asked Clerk Watkins to contact the Sheriff and ask him if he can arrange to see that the animals are fed over the weekends.
complaints
Rev. Robert P. Coffaro of Sorrento appeared and stated that he had purchased property in that area about 2-1/2 years ago. He never received a deed to the property and subsequently, filed suits in County and Circuit Courts. He feels that he was not treated fairly and wants the Board to investigate a private attorney and the Sheriff. The County attorney told him that the Board has no power to conduct such investigations and advised him to contact the foreman of the Grand Jury.
tax assessments
Chairman Deems, Commr. Burhans and Commr. Hoskinson were appointed to the Board of Tax Adjustment.
recess and reassembly
The Chairman announced that the Board members will have lunch at the Silver Lake Country Club and invited members of the Press and public to join them on a Dutch-treat basis. The meeting adjourned for lunch at 12:15 o’clock P.M., and reconvened at 1:15 o’clock P. M. to take up the remaining items of business.
maps and plats
It now being the time advertised for public hearing to consider a petition to vacate a portion of Plat of Orange Blossom Hills South Subdivision, and no one appearing to oppose vacation of plat, a Resolution was adopted to do same on motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously for the following described property:
Lots 1 and 9 inclusive, Block 116, Orange Blossom Hills South Subdivision Unit No. 14, as recorded in Plat Book 15, Page 37P, Public Records of Lake County, Florida.
These lots are part of a new unit to be re-platted as Orange Blossom Gardens as soon as street design and maintenance problems are resolved.
It now being the time advertised for public hearing to consider a petition to vacate a portion of Plat of Cathedral Arch Estates, and no one appearing to oppose vacation of plat, on motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, a Resolution was adopted vacating the following:
Lots 5, 6, and 7, and part of Lot 3, and part of Lot 4, which are parts of Blocks “A” and “B” of Cathedral Arch Estates, according to the plat thereof as recorded in Plat Book 11, Page 17 of the Public Records of Lake County, Florida.
These lots will be re-platted under the new name of Cathedral Arch.
The Engineer presented a petition from Royal Palm Beach Colony, Inc., requesting vacation of part of first unit of Royal Trails development. Advertisement of petition was approved on motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously.
road closings
The Engineer spoke regarding a petition to vacate a street, presented by Roy Christopher on behalf of a Mr. Smiley. The Engineer advised against vacating the street, but it was agreed by the Board that applicant can advertise the petition without the Board’s approval.
On motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously, approval for advertising petition to vacate street near Crystal Lake was granted.
road maintenance
On motion of Commr. Carson, seconded by Commr. Windram, and carried unanimously, work authorization was given to improve Cactus Lane, provided the residents pay for it.
The Chairman read a letter from the Department of Transportation advising the Board that Leecon, Inc., of Leesburg is apparently the low bidder on several County re-surfacing projects.
The Engineer read a letter from the Department of Transportation regarding the possible extension of SR 439 on Forest Road 72. There can be an agreement worked out to obtain clay from the Forest pit and have the County distribute it. However, the possibility of getting 100 foot right-of-way for the length of Forest Road 72, for future construction, is very limited. The development of a paved road on present location of Road 72 would not be in keeping with the guidelines of the Ocala Forest Plan. Therefore, the Board has withdrawn its request for right-of-way.
The Engineer spoke regarding the extension of the paving of Ohio Blvd., East of Eustis, fifty feet to the South. The work will be done on a participating basis. This was approved on motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously.
The Engineer reported that a guardrail on Griffin Road has been damaged. He requested authority to sign a release on receipt of $100.00 for the damage. It was agreed that the Engineer sign the release when the check was received, on motion of Commr. Carson, seconded by Commr. Hoskinson and carried unanimously.
The Engineer spoke regarding the construction of Buck Hill Road, in Howey, which is on the approved list and has been maintained for years. He suggested that the Road and Bridge Department could do the work, even at the rate of 1/4 to 1/2 mile at a time. The present plat and right-of-way for same was approved for the record.
The Engineer suggested taking extension road #4-4262 into the County maintained system. This was approved, on the condition that it be done on a participating basis, on motion of Commr. Windram, seconded by Commr. Burhans and carried unanimously.
In a letter addressed to Clerk Watkins, the Department of Transportation advised the Board that an earlier letting date is being sought for November or December 1973 to improve the curve on SR 19 at the north city limits of Umatilla.
The Engineer presented a request from Mr. Morse to grade Pennsylvania Avenue, a dedicated street in Astatula, at his expense. The motion was made by Commr. Carson, seconded by Commr. Burhans and carried unanimously.
road maintenance - subdivisions
The Engineer has determined that there are a number of property owners in Southland Subdivision. Therefore, the Board approved the rebuilding of Suzanne Drive and Lake Drive on a participating basis. This was moved by Commr. Windram, seconded by Commr. Carson and carried unanimously.
The Engineer apprised the Board that Mr. Shay, developer of Orange Blossom Hills subdivision, requests a waiver of regulations in order that he may build and maintain the streets in the subdivision. His plans for street construction do not meet the subdivision regulations. The Attorney recommended that the Board abide by the subdivision regulations. He stated his opinion that the Board cannot waive the requirements for road construction specifications in the new subdivision to be developed. Some sub-standard roads could be built in the present platted subdivision, but not in the new plat. The Engineer suggested that Mr. Shay build the roads to meet County standards and maintain them himself. The Chairman requested that Mr. Shay meet with the Attorney and the Engineer and resolve this matter.
The Engineer reported that the residents of Donald Road and Linda Lane in the Western Shores area have requested these streets be graded on a cost basis for $35.00. The Attorney recommended that since Donald Road is not a dedicated street that the work not be done until the deeds are received.
public health
The Engineer spoke regarding a letter from the Department of Agriculture which states that under Executive Order #11507 all solid waste disposal sites must be in operation as sanitary landfills. The Forest Service plans to work closely with the County to insure that proper sanitary landfill operations are being maintained. The Engineer reports that the County’s landfills are being attended, full-time, and are being kept considerably better to insure compliance with the Executive Order.
A non-exclusive garbage franchise was approved to Jim Fowler dba Sani-Pot Chemical Toilets, on motion of Commr. Hoskinson, seconded by Commr. Windram and carried unanimously.
The Engineer announced that landfill funds from State II funds will, again this year, be available from the Bureau of Entomology. Also, the budgets for landfill and mosquito control will have to be combined.
hospitals
The Chairman read a letter from Leesburg General Hospital concerning the large number of past due accounts. Since August 1972, 30% of all accounts in excess of $1,000.00 which are not covered by insurance and are due from patients, are from Sumter County. The Attorney recommended that a letter go to the Board of County Commissioners of Sumter County to make them aware of the situation. The Clerk was instructed to see that this was done.
committees
Commr. Hoskinson announced that the Open Spaces Project Committee is now negotiating with one or more parties that they hope will donate property to the County for conservation purposes. The Attorney was instructed to prepare sample deeds showing different methods of giving land to the County, and to recommend the best procedure for doing this to the Committee.
maps and plats
The Attorney reported that there are two subdivisions with the name Morningview. The developer of the second subdivision has agreed to use the name Morningview of Leesburg. Also, the developer has requested that the recording fees be waived. Clerk Watkins stated that the fees of his office could not be waived, but the Board agreed to waive their fee.
reports
Auditors’ Annual Reports were presented on the following:
Lennon’s Ambulance Service, Inc. for the period from
June 1, 1972 – May 31, 1973
City of Leesburg’s Ambulance Service for the year
Ending May 31, 1973
The Clerk presented to the Board a copy of Report #7964, from the Office of the Auditor General, Tallahassee. This is an audit of the accounts and records of the County Judges’ Court, Lake County, for the period beginning April 1, 1968, and ending January 1, 1973. The report will be filed.
COURTHOUSE
Chuck Braun, Environmental Design Group, appeared and discussed a revised proposal on the courthouse complex. He was instructed to rework the proposal for one administration building. Mr. Braun requested that his company’s hourly contract be increased since he is having to submit proposal #4. The $14,000.00 maximum previously agreed upon has almost been reached and Mr. Braun wants a $1,000.00 extension. This was approved on motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously.
Attorney Morton Aulls spoke concerning office space required by the State Attorney Consumer Protection Bureau. The Clerk was authorized to work with the State Attorney to find the necessary space for additional personnel and return to the Board with his recommendations.
The Chairman read a letter from J. Rolfe Davis, Orlando, stating that their company owns eighty-five acres within the city limits of Tavares. They would be willing to sell this land to the County for use within the new courthouse complex, for $3,000.00 per acre, or on an exchange basis. The letter was referred to Commr. Carson.
east central Florida regional planning council
Clerk Watkins read a letter from E.C.F.R.P.C. pertaining to the McCoy Impact Study. The Council requests the Lake County Commission to fund $1,200.00 as their per capita share of the project. The Deputy Clerk was instructed to write a letter to the Council offering Commr. Hoskinson’s time as the County’s share of the funding. This was approved on motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously.
planning and ZONING
Attorney Donald Chernoff, representing Royal Palm Beach Colony, Inc., spoke in regard to the possibility of using the guidelines set forth in Chapter 153, Florida Statutes, for establishing a water and sewer district in the Royal Trails development. No agreement was reached in the discussion; therefore, the Chairman appointed Commr. Carson and Commr. Hoskinson to meet with Attorney Chernoff, the County Attorney, and the Engineer, at 2:00 P.M., July 11, 1973, in an attempt to reach a solution which will be presented to the Board.
right-of-way easements – except roads
On motion of Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved recording of a drainage easement from H. L. Pringle, and Dorothy O. Pringle, his wife, Lake County, Florida, on the following described properties as approved by the County Engineer:
Three Drainage Easements, each 15 feet wide, the center line of which is:
1. The Line between Lots 14 and 15, COUNTRY CLUB VIEW, recorded in Plat Book 13, page 33.
2. The line between Lots 13 and 14, COUNTRY CLUB VIEW, FIRST ADDITION, recorded in Plat Book 14, page 37.
3. The line between Lots 23 and 24, COUNTRY CLUB VIEW, FIRST ADDITION, recorded in Plat Book 14, page 37.
On motion of Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the recording of a drainage easement on County Road #5-7581 from J. C. White, Box 131, Umatilla, Florida, on the following descried properties as approved by the County Engineer:
A strip of land 15 feet wide lying within 7-1/2 feet of the following described center line:
Commence at the northeast corner of Section 15, Township 18 South, Range 27 East; run thence south 62°24’40” west for 2952.12 feet to a point; run thence south 02°25’40” east for 511.29 feet to the Point of Beginning; from said P.O.B. run thence north 87°44’00” east for 50 feet.
reports
The Planning Director filed the Code Enforcement reports for the month of June.
accounts allowed
The Engineer apprised the Board that the brake testing machines for the M.V.I. Stations have arrived. He has taken quotes instead of bids on the cost of the electrical and concrete work which must be done before the machines can be installed. An approximate average cost of $660.00 per station was authorized on motion of Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously.
Travel expenses were approved for the Planning Director and Commr. Hoskinson to attend the National Planning Directors Conference, Dallas, Texas, July 22-25. This was moved by Commr. Carson, seconded by Commr. Hoskinson and carried unanimously.
Major Genaw, Civil Air Patrol, appeared in regard to radio equipment to be used in Lake County for the benefit of Civil Defense. The purchase was approved up to $1,600.00 on a participating basis with Civil Air Patrol.
BONDS – MISC.
On motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, the following bonds to carry firearms were approved:
Abe T. Gaskins Robert M. Hopkins
Peter A. Houlberg Nollie Shaw
On motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, Peace Officer’s Bond #111-397, was approved for Benny R. Hardy.
On motion of Commr. Carson, seconded by Commr. Burhans and carried unanimously, contractor’s bonds were approved for the following:
#1047 George E. Lavender
#1049 Houston T. Hales
#1050 Clyde Stull
#1051 Henry C. Winters
#1052 David D. Harrison
county employees
The Planning Director requested part-time employees for his department for vacation periods at a rate of $2.00 per hour per person. This was approved on motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously.
deeds
On motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the recording of the final deed on Sugar Loaf Mountain Road was approved.
outdoor recreational facilities
The Engineer presented a request to rename a certain park in Altoona. Since there is a reverter clause in the deed, the matter was referred to the Attorney.
There being no further business to bring before the Board, the meeting was adjourned at 6:12 p.m.
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CLERK chairman