MINUTES OF SPECIAL MEETING OF BOARD OF COUNTY COMMISSIONERS
FRIDAY – APRIL 19, 1963
The Board of County Commissioners met in special session in the office of Clerk Frank E. Owens in the Courthouse at Tavares on Friday, April 19, 1963, 9:00 o’clock A.M. for the purpose of hearing report of the Attorney regarding State Board of Health rules and regulations pertaining to installation of water systems and sewer systems, and other matters which might be brought before the Board.
The following were present: Chairman Dykes, Commrs. Theus, Cowart, Livingston and Babb; Attorney Duncan, Clerk Owens and Engineer Hays.
The meeting was called to order by the Chairman.
Notary Bond for Jennie P. Jackson with the Highway Insurance Company was approved by the Board.
bids for aluminum pipe
Engineer Hays appeared before the Board with his recommendation on the bids for aluminum pipe which were received April 8th. He stated that Florida Steel Corporation (Tampa Division) was low bidder on all classifications of aluminum pipe except 18 x 11 arch pipe, and recommended that the bid be awarded to Florida Steel Corporation (Tampa Division) on all sizes; WHEREUPON, motion was made by Commr. Babb seconded by Commr. Livingston and carried, that the bid of Florida Steel Corporation (Tampa Division) be accepted on all sizes of aluminum pipe.
wayside park on sr 500 between dora canal and dead river
Chairman Dykes said he thinks we should request the State Road Department to build a wayside park along SR 500 between Dora Canal and Dead River. Mr. Duncan reported that the City of Tavares has also made this request to the State Road Dept. Motion by Commr. Livingston seconded by Commr. Babb and carried, that the following Resolution be adopted:
WHEREAS, heretofore the Board of County Commissioners of Lake County, Florida, have requested that when State Road 500 (U.S. 441) was rebuilt by establishing a four-lane highway, a Wayside Park be established between Dead River and Dora Cana, in the margin of Lake Eustis, and
WHEREAS, heretofore said road is now under construction and will be completed in the near future,
NOW, THEREFORE, the Board of County Commissioners of Lake County, Florida, request the State Road Department to cause to be pumped in, a Wayside Park in the margin of Lake Eustis, connecting with State Road 500, of sufficient area to accommodate the parking of vehicles and boat trailers and including boat ramps, so that boats may be loaded and unloaded from said Park; and that other Park facilities be established thereto. That the cost thereof be charged against Secondary Funds due Lake County, Florida.
road in clermont area
Chairman Dykes presented three deeds for rights-of-way to Lake County from the following parties:
Donald M. McCaffrey and Patricia A. McCaffrey, his wife
South Lake County Development Corp., Inc.
Beatrice B. Ettinger joined by her husband, Leon Ettinger
Motion by Commr. Babb, seconded by Commr. Cowart and carried, the following Resolution was adopted:
WHEREAS, certain properties have been tendered to Lake County for the use of the County as a public road;
WHEREAS, the Board of County Commissioners does hereby determine that such trips of land are necessary and for the best interest of the adjoining properties, and properties served by such road; that the same be accepted as a public road, and a road constructed thereon;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the following described Deeds and the lands conveyed thereby, be accepted for public road purposes:
1. Deed executed by Beatrice B. Ettinger and husband, Leon Ettinger, conveying West 30 feet of W 1/2 of SW 1/4 of NW 1/4 of Sec. 29, Tp. 22 S. R. 27 E., lying South of the right of way of State Road 50, and any claim they might have to any portion of the road right of way shown adjacent to the West side of Tracts 24 and 25, according to Lake Highlands Plat of Sec. 29, Tp. 22 S. R. 26 E.
2. Deed executed by Donald M. McCaffrey and wife, Patricia A. McCaffrey, conveying the East 30 feet of that portion of the E 1/2 of the NE 1/4 of Sec. 30, Tp. 22 S, R. 26 E., lying South of the right of way of State Road No. 50 in Lake County, Florida.
3. Deed executed by South Lake County Development Corporation, Inc., conveying that portion of the West 30 feet of Sec. 29, Tp. 22 S, R. 26 E., lying adjacent and West of Tract 24 of said section, township and range, as shown by Plat recorded in Plat Book 2, Page 25, public records of Lake County, Florida.
bridge at marina lakeshore drive – eustis
Mr. J. D. Cottrell, Jr. of Cottrell Marine Company, Eustis, appeared before the Board regarding present construction by the State Road Department at the Marina which adjoins his property. DISCUSSION followed and Commr. Babb filed copy of letter from the City of Eustis to the SRD regarding this problem, stating that the City would be willing to give Mr. Cottrell the necessary right of way to relieve this situation.
Motion by Commr. Babb seconded by Commr. Livingston and carried, the following Resolution was adopted:
WHEREAS, it has been brought to the attention of the Board of County Commissioners that the construction of a bridge at the Marina in Eustis, Florida, on the “Tavares-Eustis Lakeshore Drive” will result in considerable damages to property located just North of the bridge, and the approaches thereto, and
WHEREAS, it is essential that a proper egress road be constructed to relieve the traffic congestion resulting from such construction, in a manner similar to the ingress and egress road planned for the property on the West side of the marina channel;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the State Road Department be requested to amend its construction plans and contract providing for the construction of a bridge over the Marina Channel above described, to provide an egress road under the bridge on the East side of said channel and continuing on the South side of the approach to said bridge in an easterly direction to connect with the existing highway.
right of way contact – job 11200-2502; sr 19 & 25 Interchanges
Clerk Owens advised we are in receipt of Right of Way Contract from the State Road Department, together with copy of SRD Resolution, sepia and prints of the Map of Survey and Location; WHEREUPON, THE Clerk and Chairman were authorized to execute the contract, and on motion of Commrs. Cowart seconded by Commr. Theus and carried, the following Resolution was adopted:
WHEREAS, the State Road Department of Florida has authorized and requested Lake County to furnish the necessary rights of way, borrow pits and easements for that portion of Section 11200, State Roads 19 & 25, including intersection of State Road 19 and 25, which has been surveyed and located by the State Road Department as shown by a map on file in the office of the Clerk of the Circuit Court of said County, and in the office of the said Department at Tallahassee, and
WHEREAS, the said Department will not begin construction of said portion of said Section in said County until title to all and necessary for said portion of said Section has been conveyed to or vested in said State by said County and said lands are physically cleared of all occupants, tenants, fences, buildings and/or other structures and improvements upon or encroaching within the limits of the land required for said portion of said Section; and
WHEREAS, the said County is financially unable at this time to provide the necessary funds to acquire said rights of way, borrow pits and easements; now therefore, be it
RESOLVED, that the State Road Department of Florida be and it is hereby requested to pay for the rights of way, borrow pits and easements for said road, including the removal of buildings, fences and other structures and improvements thereon, and for other expenses of acquiring title to said right of way, borrow pits and easements by purchase or condemnation, from such funds and under such conditions as ae set out in the contract hereto attached; and be it further
RESOLVED, that said County, through its Board of County Commissioners, comply with the request of said Department and procure, convey or vest in said State the free, clear and unencumbered title to all lands necessary for said portion of said Section, and deliver to the State Road Department said lands physically clear of all occupants, tenants, fences, building and /or other structures and improvements situate upon or encroaching within the limits of the lands required for said portion of said Section, and that the Chairman and the Clerk of this Board be and they are hereby authorized and directed to execute and deliver on behalf of said County to said Department the Contract in the form hereto attached; and be it further
RESOLVED, that the attorney for this Board be, and he is hereby authorized and directed to proceed to take the necessary steps for the County to acquire in the name of said County by donation, purchase, or condemnation said rights of way, borrow pits and easements for said portion of said Section, and to prepare in the name of said County by its County Commissioners all condemnation papers, affidavits, and pleadings and prosecute all condemnation proceedings to judgment; and furnish the Department the abstract search provided for in said Contract.
Two partial releases of mortgage were presented for recording affecting the following described property in District No. 3:
West 30 feet of the E 1/2 of Tracts 1, 2, and 3, Replat of Inwood Heights
East 30 feet of W 1/2 of Tracts 1, 2, and 3, Replat of Inwood Heights
ALSO the East 30 feet of Lot 36, Plat of Lake Saunders Subdivision.
establishing speed limits – town of dona vista and country club drive
Motion by Commr. Babb seconded by Commr. Livingston and carried, the following Resolution was adopted:
WHEREAS, it has been brought to the attention of the Board of County Commissioners of Lake County, Florida, that excessive speeds along the roads hereinafter described have become increasingly dangerous to the lives of those using the highways and to the lives and property of those living along the boundaries of said highways; and, in order to protect them, a speed limit should be determined and posted along said roads;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, in accordance with the provisions of law pertaining to County Roads, that a maximum speed of 25 miles per hour is determined and set for the following road:
All hard surfaced streets and public highways within the settlement known as Dona Vista, between Eustis and Umatilla, in Lake County, Florida;
And that a maximum speed of 40 miles per hour is determined and set for that certain road lying East of the old Golf Course Subdivision – Southeast of the City of Eustis – and generally known and described as:
County Club Drive
BE IT FURTHER RESOLVED that appropriate signs showing the speed limits above set forth be erected along said roadways.
Anyone violating the provisions of this Resolution shall be guilty of a misdemeanor and shall be prosecuted under the laws pertaining to misdemeanors.
Clerk Owens said we have an invitation from Pine Meadows Golf Estates for lunch on Monday, May 6th. It was agreed that the Board members, attorney, clerk, and engineer would attend the luncheon and Mr. Owens was instructed to write and advise them of same.
state health department regulations
Chairman Dykes said we now come to the subject of the purpose of this meeting and he requested Attorney Duncan to give a report on his letter to the Jacksonville office of the State Board of Health regarding the Resolution adopted by this Board of April 1st. Attorney Duncan said I have had nothing in writing except a letter dated April 8th in which they advised they were waiting to hear from their Bureau of Sanitary Engineering. I called yesterday and there was no one in the office who would make a statement of any kind. Mr. Duncan’s letter to the State Board of Health and their reply was filed.
DISCUSSION on this subject followed; WHEREUPON, on motion by Commr. Livingston, seconded by Babb and carried, the following Resolution was adopted:
WHEREAS, it has been brought to the attention of the Board of County Commissioners, that certain minimums for requiring the construction and operation of a water distribution system and for the construction and operation of sewage disposal systems, which, in effect, in the opinion of the Board of County Commissioners, will stifle progress and development of subdivisions and home sites, and
WHEREAS, the Board of County Commissioners has determined that, because of the high and rolling terrain in Lake County, the minimum standards set by the State Health Department do not apply in Lake County, and
WHEREAS, THE Board of County Commissioners appointed a Committee to make a study of the problems brought about by such rules and regulations and have made their Report, setting forth certain recommendations;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the recommendations of the Committee, which Committee consists of Howard Bozeman, George W. Williams, Harry Mielke, Robert Webb, Richard H. Newman, and E. T. Hall, consulting with Gordon Hays, County Engineer, and Dr. J. Basil Hall, County Health Officer, be approved.
BE IT FURTHER RESOLVED that the County Attorney be instructed to prepare an Act embodying the recommendations of said Committee and submit the same to the Lake County Legislators in Tallahassee, with the request that the same be enacted into Law.