MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS

 MONDAY – march 14, 1966

The Board of County Commissioners met in regular session in the Commissioners’ Room in the Courthouse at Tavares on Monday, March 14, 1966, at 10:00 o’clock A.M. with the following members present:  Chairman Theus, Commrs. Cowart, Dykes, Livingston and Babb.  Also present were Clerk Owens, Attorney Duncan, Engineer Hays and Zoning Director Webb.

The meeting was called to order by the Chairman and the invocation was given by him.

Road maintenance – subdivisions

Mr. Euclid Parker of Paisley appeared and requested the Board to repair or rebuild bridge over Sunset Drive in Blue Lakes Ridge Subdivision in Paisley.  Commr. Babb stated this bridge is over private property and besides he does not have funds available for this work. Mr. Babb advised Mr. Parker if the property owners will buy the necessary materials, he will be glad to have the road crew rebuild the bridge.

Indigents

On motion of Commr. Cowart, seconded by Commr. Dykes and carried, the following changes were approved to the present indigent list:

            District No.     1 – REDUCE  Seaborn Dukes to $9.00

                                    2 – ADD         Emma Lunda - $40.00

                                    3 – DELETE   Pauline Sheppard - $25.00

                                    4 – No change

                                    5 – No change

Maps & plats

Truman Moorhead appeared and presented plat of Beau Ridge Subdivision located in Section 18, Township 19, Range 27; owner Mrs. Emma A. Howard.  Attorney Duncan advised the access roads are acceptable and Lawyers Title Insurance Company Policy W458-162 shows the title is clear.  Mr. Duncan further advised the percolation test report submitted by R. O. Newman, Registered Engineer, is sufficient, however, the County Engineer will file letter of approval with the Clerk.  On motion of Commr. Livingston, seconded by Commr. Dykes and carried, the plat of Beau Ridge Subdivision was approved.

E. T. Hall was present and submitted plat of Lakeside Memory Garden Addition, Garden of Resurrection, located in Section 35, Township 18 South, Range 26 East; owner Lakeside Memorial Gardens, Inc.  Title option from H. E. Gaylord, Attorney, shows two mortgages on the property.  Attorney Duncan advised it is necessary to have partial release of each mortgage as they affect the streets.  Whereupon, on motion of Commr. Babb, seconded by Commr. Dykes and carried, the plat was approved subject to the partial release of mortgages pertaining to the streets and the Chairman and Clerk were authorized to execute the plat when said mortgages are filed in the Clerk’s Office.

The Board members discussed with Mr. Hall and Mr. Moorhead the advisability of a new requirement on plats as follows, “that the streets, avenues and other public highways will not be considered for acceptance and maintenance by the County unless same are constructed and paved in accordance with state secondary road specifications.”  Mr. Hall stated he will oppose such a policy and if same is required on plats, he will advise his clients to go on metes and bounds descriptions.  On motion of Commr. Cowart, seconded by Commr. Livingston and carried, decision on this was tabled for further study and the Chairman requested the surveyors and engineers to present another solution to the Board for consideration.

Juries

The Clerk presented certified copy of Report of the Grand Jury to each Board member.  Sheriff McCall was present and the report was reviewed and discussed.  The Sheriff advised he has provisions in his budget to employ an additional deputy, who he will assign to work entirely with the State Attorney.  The Sheriff was authorized to determine the cost of the additional employee for the remainder of the budget year and advise the Board.

Zoning

Mr. Lester Huey representing Sam Powell appeared and requested reconsideration of the denial of the Zoning Commission to application for rezoning from R-1 to permit a trailer park in an area West of Leesburg.  On recommendation of the Zoning Director, this matter was deferred until 2:00 o’clock P.M. when Zoning hearings are scheduled.

Prisoners

Request from the Sheriff for revocation of good time for Robert Williams was approved on motion of Commr. Babb, seconded by Commr. Dykes and carried.

Inventory

On motion of Commr. Babb, seconded by Commr. Livingston and carried, the Supervisor of Elections was authorized to allow the Leesburg Hugh School to use one voting machine on March 31 for the school election.

Recess and reassembly

The Board recessed for lunch at 12 o’clock noon and reconvened at 1:30 o’clock P.M. to take up the remaining items of business.

Suits affecting county

Attorney Duncan advised since the Supreme Court’s decision in the Hooten case, we have a valid judgment against the five defendants.  Four of the defendants have offered to pay off their share but do not recommend we accept this offer.  The Attorney was instructed to notify the defendants the County will only accept the full amount of the judgment, without any compromise.

Public health

Mr. Neff Sebree of Golden Gem Growers, Inc. appeared with reference to the discharge of waste material from their plant into Lake Yale.  Mr. Sebree advised his firm has engaged Fiske-Gay Associates, Inc., engineers, to investigate this matter and should have a report from them the latter part of April.

Clerk Owens submitted letter from Florida Food Products, Inc. regarding this matter, in which they advise they have also employed Fiske-Gay Associates, Inc. to make a survey and will be in a position to discuss the matter further when the survey and report are completed.

Right of way - roads

Attorney Duncan advised he has checked with the State Road Department regarding the exchange of property for right of way with Mr. and Mrs. Homer Hooks, and the State Road Department is agreeable to the exchange; whereupon, on motion of Commr. Babb, seconded by Commr. Dykes and carried, a resolution was adopted determining that upon receipt from Homer Hooks and wife, Jewel Hooks, of a deed conveying the strip of land described in SRD No. 210.1, as shown in the Eminent Domain Proceedings instituted by the State of Florida and Lake County vs Bart, et al, Lake County will deliver in favor of Homer Hooks and wife, Jewel Hooks, its Quit Claim deed, conveying a portion of right of way heretofore conveyed by Homer Hooks and wife, Jewel Hooks to Lake County, said right of way being in Section 2, Township 19 South, Range 25 East.

Deeds

On motion of Commr. Dykes, seconded by Commr. Babb and carried, deed conveying the following described property to Lake County was accepted and ordered recorded upon the public records:

GRANTORS:  KEITH L. JOHNS and BERNICE B. JOHNS

ALL THAT PART OF:  The East ¾ of the Northeast ¼ of the Southwest ¼; the West ½ of the Northwest ¼ of the Northwest ¼ of the Southeast ¼; The Southwest ¼ of the Northwest ¼ of the Southeast ¼; and the East ¼ of the Northwest ¼ of the Southeast ¼; all in Section 34, Township 21 South, Range 26 East;

lying within 25 feet, at right angles, of the following described centerline:

Commence at the Southwest corner of Section 34, Township 21 South, Range 26 East, thence run North 0o32’26” East, 2180.33 feet; thence run South 89o06’55” East, 876.10 feet; thence continue running South 89o06’55” East, 783.80 feet; thence run South 87o30’51” East, 338.24 feet to the Point of Beginning; thence run North 78o37’15” East, 337.15 feet; thence run South 88o35’45” East, 341.72 feet; thence run South 56o55’45” East, 361.13 feet; thence run South 87o01’15” East, 282.25 feet; thence run South 89o51’35” East, 733.13 feet; thence run North 29o04’55” East, 169.52 feet to a Point of Intersection on this centerline.

AND

Commence at the Southwest corner of Section 34, Township 21 South, Range 26 East; thence run North 0o32’26” East, 2180.33 feet; thence run South 89o06’55” East, 1659.90 feet to Point of Beginning; thence run North 1o33’15” East, 19.50 feet; thence run South 88o26’45” East, 338.20 feet; thence run South 1o33’15” West, 50.00 feet; thence run North 88o26’45” East, 338.20 feet; thence run North 1o33’15” East, 30.50 feet to Point of Beginning.

Hospitals

Mr. Harry Gaylord appeared representing Waterman Memorial Hospital and advised a plan has been devised whereby the Northeast Lake County Hospital District can use tax funds for the expense incurred under the Medicare Program and requested the Board’s approval of getting the permissive act amended making it mandatory.  The Board members concurring, Chairman Theus assured Mr. Gaylord the Board approves the amendment of the act.

Outdoor recreational facilities

Engineer Hays presented preliminary plans from the State Road Department for the construction of a wayside park and recreational area on Lake Eustis West of Tavares.  Estimated cost of the work exceeds the amount of money available by approximately $13,000.00.  The Attorney was instructed to contact W. H Reedy with reference to the status of the funds budgeted for this construction by the Outdoor Recreational Planning Committee.

zoning

It now being the time to hear requests for changes in zoning, the Chairman recognized Lester Huey representing Sam Powell.  Mr. Huey requested that the decision of the Zoning Commission denying application for rezoning from R-1 to Mobile Home Park be reversed by the Board of the County Commissioners.  The Zoning Director explained there is no classification to provide for a trailer park.  To rezone agriculture or commercial would be objectionable because of the many types of structures that would be permitted.

Herbert Hunter, Jr. and Harrold Underwood appeared opposing the request.

Motion was made by Commr. Babb, seconded by Commr. Cowart and carried, that this matter be referred back to the Zoning Commission with the request they specifically classify a trailer park.

On recommendation of the Zoning Director and on motion of Commr. Dykes, seconded by Commr. Babb and carried, a resolution was adopted amending the following described properties to the classifications as specified after each description:

1.      W ½ of SE ¼ of NE ¼ of Sec. 34, Tp. 18 S., R. 24 E.; Lots 1 to 11 inclusive, and Lots 14 to 21 inclusive, in Lake Idlewild Subdivision, as recorded in Plat Book 3, Page 6, public records of Lake County, Florida; S ½ of S ½ of NE ¼ of NE ¼ of Sec. 34, Tp. 18 S., R. 24 E.;

now classified and zoned as R-1-A (Residential), be, and the same is hereby amended, changed and rezoned to Classification A (Agriculture).

2.      Begin 440 feet East and 66 feet South of the Southwest corner of Northwest ¼ of Northwest ¼ of Section 13, Township 19 South, Range 25 East, on the South and East boundary of Haines Creek Road corner for a point of beginning.  From this point run thence East 660 feet along South boundary of Haines Creek Road, run thence South 180 feet more or less to Bell Lake, back to the point of beginning, run South along Haines Creek Road 233.7 feet, run thence East 180 feet, run North 30 feet, run East 30 feet, run North 23.7 feet, run thence East 250 feet, thence Southeasterly at a 45o angle 70 feet more or less to Bell Lake, run thence Northeasterly 165 feet to first line described, lying and being in Lake County, Florida;

now classified and zoned as R-1 Residential, be, and the same is hereby amended, changed and rezoned to Classification C-1 (Commercial).

3.      All of Block 2, and Lots 1 to 10 inclusive, Block 7, in Golden Heights Subdivision, as recorded in Plat Book 13, Pate 31, public records of Lake County, Florida;

now classified and zoned as R-1-A (Residential) and C-3 (Commercial), be, and the same is hereby amended, changed and rezoned to Classification C-1 (Commercial).

On motion of Commr. Livingston, seconded by Commr. Cowart and carried, the action of the Board of  Zoning Appeals was approved in authorizing building permit be issued to C. W. Porterfield for the construction of a residence of an undersized lot.

On motion of Commr. Dykes, seconded by Commr. Cowart and carried, the Zoning Director was authorized to go to Levy County on March 22 to discuss with county officials the setup of a planning and zoning Commission.  Mr. Webb advised there will be no expenses involved to Lake County except his time.

Permits & licenses

Bond for Carrying Firearms for Richard G. Shipes, Jr. was approved on motion of Commr. Livingston, seconded by Commr. Dykes and carried.

Roads – state

Notice from the State Road Department regarding the following roads was read and filed:

Citrus Avenue in Eustis between Bay and Grove Streets returned to the City of Eustis for maintenance.

Sumter Street in Leesburg between SR 25 and Dixie Avenue and Dixie Avenue between SR 25 and Euclid Avenue returned to the City of Leesburg for maintenance.

Woodward Avenue in Eustis between SR 452 and Grove Street returned to the City of Eustis for maintenance.

From Orange County Line North to SR 46 near Sorrento, from SR 50 in Mascotte South approximately 9.5 miles and Northeast of Leesburg, and Silver Lake and connection to SR 44 accepted for secondary maintenance March 4, 1966.

Roads – county

On motion of Commr. Livingston, seconded by Commr. Cowart and carried, a resolution was adopted establishing a maximum speed limit of 45 miles per hour on Britt Road (County Road #4-4981) with maximum speed of 35 miles per hour at the cattle crossing.

On motion of Commr. Babb, seconded by Commr. Livingston and carried, a resolution was adopted amending a resolution dated June 1, 1964 with reference to Lakeshore Drive to read “no thru trucks and no thru tractors permitted.”

County agents

Clerk Owens presented letter from R. E. Norris, County Agent, advising that Assistant County Agent Glenn Loveless had not entered Auburn University in January as expected and requested that travel allowance for January and February be paid to him since he was on the job.  Clerk Owens further advised the State Auditor has presented the Attorney General’s opinion of Boards continuing any employee’s salary while attending a university in the furtherance of his education.  On recommendation of the Attorney and on motion of Commr. Babb, seconded by Commr. Dykes and carried, the action of the Board authorizing continuance of salary for Glenn Loveless while attending Auburn University was rescinded.

Clerk Owens submitted Salary and Expense Analysis on the entire Extension Staff which shows that Earl M. Kelly, the new County Agent, will receive for salary from State and Federal Funds $5,400.00 and rom County Funds $6,600.00 and $900.00 travel expense.

Hospitals

On motion of Commr. Cowart, seconded by Commr. Babb and carried, the action fo the Chairman and Clerk in approving application to the Southwest Florida Tuberculosis Hospital for Kenzie Mitchell was approved.

Permits – use

The following use permits were issued by the Engineer:

No. 71 to Florida Telephone Corp for the construction and maintenance of buried cable along County Road #5-7958.

No. 72 to Florida Telephone Corp. for the construction and maintenance of buried cable paralleling Spring Lake Road between Fruitland Park and Lady Lake.

Checks Received

On motion of Commr. Babb, seconded by Commr. Dykes and carried, check in the amount of $169.69 from the Southwest Florida Water Management District covering cost of riprapping at Burrell Locks was accepted and the Clerk was instructed to deposit same and credit District No. 3 with $101.60 and District No 5 with $68.30.

Accounts Allowed

On recommendation of the Architect and on motion of Commr. Dykes, seconded by Commr. Babb and carried, Change Order No. 1 to the contract on the Nursing Home was approved.

On recommendation of the Architect and on motion of Commr. Babb, seconded by Commr. Dykes and carried, request from Coven Construction Company in the amount of $3,107.06, including Change Order No. 1, for work performed in accordance with contract on the Nursing Home was approved.

On recommendation of the Architect and on motion of Commr. Livingston, seconded by Commr. Babb and carried, request from Schatz Kitchen Equipment of Florida, Inc. in the amount of $2,045.00 for furnishing and installing dishwashing machine at the Nursing Home was approved.

On motion of Commr. Cowart, seconded by Commr. Livingston and carried, Architect’s Fees in the amount of $98.98 for supervisory work on the Nursing Home was approved.

On advice from the Clerk that the cost of relocating the control panel to the amplifying system in the Circuit Court Room is more than reported at the last meeting, motion was made by Commr. Babb, seconded by Commr. Livingston and carried, cost of the work up to $150.00 was approved, not including the necessary cabinet work.

On recommendation of the Architect and on motion of Commr. Dykes, seconded by Commr. Cowart and carried, request of Fred Kuhlman in the amount of $2,722.00 for work performed on the Juvenile Shelter Kitchen was approved.

On recommendation of the Architect and on motion of Commr. Dykes, seconded by Commr. Babb and carried, request of Fred Kuhlman in the amount of $10,728.00 for work performed on the Engineering and Zoning Building was approved.

Commr. Cowart moved that Architect’s Fees amounting to $259.10 for supervisory work on the Engineering and Zoning Building be approved.  Motion was seconded by Commr. Livingston and carried.

On motion of Commr. Dykes, seconded by Commr. Babb and carried, the following vouchers were approved for payment:

General Revenue Fund

Nos.

905

through

1124

Mosquito Control – State 2

 

17

through

22

Fine & Forfeiture

 

95

through

111

Road and Bridge

 

537

through

667

Capital Outlay Reserve

 

 

 

 

Juvenile Detention Home

 

2

through

4

County Home

 

3

through

5

South Lake Memorial Hospital

 

6

 

 

Northeast Lake County Hospital

 

8

 

 

Communications

Letters from United States Representatives in answer to resolution objecting to the transfer of MOL facilities from Cape Kennedy were filed.

Catalog of Federal Programs for Individual and Community Improvement were filed.

Reports

The following monthly reports were filed:

            Welfare Director

            County Judge’s Fines, Forfeitures and Costs

Minutes

On motion of Commr. Dykes, seconded by Commr. Cowart and carried, the minutes of the regular meetings held on February 7 and 14, and special meetings held on February 21 and 28 were approved as submitted.

 

There being no further business to bring before the Board, the meeting adjourned at 3:15 o’clock P.M.

 

___________________________________                          ______________________________

CLERK                                                                                   CHAIRMAN