MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
MONDAY – december 5, 1966
The Lake County Board of County Commissioners met in regular session in the Commissioners’ Room in the Courthouse at Tavares on Monday, December 5, 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, Zoning Director Webb and Deputy Clerk Norma Coven.
The meeting was called to order by the Chairman who gave the invocation.
It being the time advertised to receive bids on the following items, the Chairman directed the Clerk to open the bids and the Engineering to tabulate same, whereupon, the Engineer reported receiving bids from the following:
AIRBOAT - Taylor Built Air Boats
Hurricane Fiber Glass
Noles Boat Shop
MECHANICAL FILES - Simons Office Equipment
Florida Business Systems
On motion of Commr. Cowart, seconded by Commr. Babb and carried, the bids on the air boat were referred to the Engineer, and the bids on the mechanical files were referred to the Engineer and Judge Milton for study and recommendation to the Board.
Nine property owners from Baker’s Subdivision appeared with Joseph Ridolfo as spokesman. Mr. Ridolfo explained the subdivision developer has informed the owners he intends to close the canal which would leave them without access to Lake Harris and would damage their property. Attorney Duncan reviewed Mr. Ridolfo’s deed and stated in his opinion, unless there is some other record the canal is on private property, and the canal has not been there long enough to be declared prescriptive right. The residents have the right to enjoin the closing of the canal because of damage to their property. Based on information presented to the Board at this meeting, the Board has no jurisdiction in this matter.
Clerk Owens presented letter from Ed Stuerhoff complaining that the road leading into his property, SW ¼ of the SW ¼ of Section 25, Twp. 18, Range 27, has been closed and there is no access to the property. The Engineer was instructed to view the property to determine if there has ever been a road into the property.
The Clerk submitted letter from Whitfield Groves complaining of assessment on grove property. Letter was filed.
Letter of complaint from Harry C. Flint regarding taxes was referred to the Attorney.
Ed Zagar of the Game & Fresh Water Fish Commission appeared and advised the Game Commission will construct a boat ramp at the recreational are west of Tavares on Lake Eustis but will need an easement. Attorney Duncan advised the Trustees of the Internal Improvement Fund claim title to the bottom of the lakes and the Game Commission must request easement from them. The Engineer was instructed Mr. Zagar with the legal description.
Mr. Zagar further advised the Fish Commission expects to start seining in Lake Griffin this week, and he again requested resolution from the Board that Lake County will bear one-half of the total cost of $8,000 for this additional seining. On motion Commr. Dykes, seconded by Commr. Livingston and carried, a resolution was adopted that Lake County will attempt to get a Special Act passed in the 1967 Legislator authorizing reimbursement to the Game and Fresh Water Fish Commission of one-half the expense of additional seining in Lake Griffin. Reimbursement to be made in the next budget year.
Paul Milton appeared and informed the Board an attendant is needed at the Lake Lake Land Fill. Have a trailer on the site that can be converted into living quarters for an attendant. The attendants at the Tri City and Clermont Land Fills are not salaried, and request permission to pay $50.00 per month, if necessary, plus utilities. The Board members concurring, the Chairman granted the request.
It now being the time advertised to hold a public hearing on petition to close platted street and no one being present to object to the closing, on motion of Commr. Dykes, seconded by Commr. Babb and carried, a resolution was adopted to close the following described street:
That part of Washington Street comprising the N ½ thereof – 25 feet in width – abutting Lots 5, 6, 7, 8, and 9 of Block D, in Edgewater Beach Subdivision, recorded in Plat Book 8, Page 84, public records of Lake County, Florida.
Roads – county
On recommendation of the Attorney and on motion of Commr. Dykes, seconded by Commr. Babb and carried, a resolution was adopted with reference to obstructions in roads or streets or public highways dedicated to the public and now being used by the public, said resolution rescinding similar resolution adopted on October 3, 1966 pertaining to dedicated highways.
The following is resolution adopted on December 5, 1966 with reference to County Roads:
WHEREAS, it has been brought to the attention of the Board of County Commissioners that certain of the dedicated streets and public highways of the County now open and being used by the public have been obstructed in part by the planting of treets within the right of way of such dedicated streets and highways, without the permission of the Board of County Commissioners, and
WHEREAS, the obstruction of such dedicated streets and highway is and will interfere with the free use thereof by the traveling public, and
WHEREAS, the continued obstruction of said highways interferes with the right of the public to the use thereof, and will create confusion as to title matters;
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the County give to parties obstructing any of the roads or streets of public highways dedicated to the public and now being used by the public (except such highways or streets which have been closed by legal procedure) notice that such roads, streets or public highways are being obstructed, and giving them a reasonable time within which to remove the same. Upon the refusal or neglect of such parties to remove the same after such notice, the County may consider the taking of such steps as are necessary to remove such obstructions.
BE IT FURTHER RESOLVED that a certified copy of this Resolution be served upon all parties obstructing any highway, street or public roads dedicated to the public and not being used, as they shall be designated by the County Engineer for Lake County, Florida.
IT IS FURTHER RESOLVED that the resolution adopted by the Board of County Commissioners on October 3, 1966 pertaining to dedicated highways is hereby rescinded.
The Engineer filed letter from Lake Abstract and Guaranty Company advising that search has been made of the public records concerning Dora Avenue. The West 25 feet was platted in the Map of Tavares Heights and the East 25 feet was dedicated to the public use in Replat of Tavares Heights and Replat of Section P, Tavares Heights and Oak Haven.
The Attorney was instructed to forward certified copy of the above referred resolution to the following owners notifying them to remove the trees on the County right of way:
H. W. Fogg
Charles E. Butler
On recommendation of the Engineer and on motion of Commr. Cowart, seconded by Commr. Babb and carried, the following rods were added to the County Road System as County maintained roads:
Roads – state
The Engineer reported he and Mr. Hanna of the State Road Department had viewed the entrances to the Golden Triangle Shopping Center for the purpose of improving and constructing deceleration and acceleration lanes. Mr. Hanna advises the Road Department cannot build the lanes. The Engineer stated he figures the maximum cost for the work is $4,400.00. On motion of Commr. Livingston, seconded by Commr. Dykes and carried, a resolution was adopted requesting the State Road Department to construct the deceleration and acceleration lanes in accordance with plans prepared by them and to pay the cost of same from the Lake County’s Secondary Funds.
Commr. Babb reported he had attended meeting with reference to retarded children, also, the St. Johns River Valley Advisory Committee meeting in Palatka with Commr. Livingston.
Commr. Livingston commented at length on the necessity of this anti-pollution program and stated the preliminary survey will not cost as much as expected. Commr. Livingston submitted statement from Reid W. Digges in the sum of $1,250.00 for services rendered for the month of October, November and December. The Attorney advised the County can pay its pro rata share of this expense. The Chairman directed the Clerk to request Mr. Digges to render a bill direct to Lake County for its pro rata share of this expense.
Recess and reassembly
The Board recessed at 12 o’clock noon for lunch and reconvened at 1:30 o’clock P.M. to take up the remaining items of business.
On motion of Commr. Babb, seconded by Commr. Livingston and carried, deeds conveying the following described lands to Lake County were accepted and ordered recorded upon the public records:
GRANTORS: H. L. Pringle and Dorothy O. Pringle, his wife
Haines Enterprises, Inc. a corporation
Stella Owens, a single person
Begin at the Southeast corner of NE ¼ of SE ¼ of Sec. 11, Tp. 19 S, R. 25 E., run thence North along section line 60 ft., thence West to new State Road 473, South to South line of said NE ¼ of SE ¼, thence East to P.O.B.
ALSO: The North 25 ft. of South ½ of SE ¼ West of new State Road 473, Sec. 11, Tp. 19 S., R. 25 E.
ALSO: The South 25 ft. of North ½ of SE quarter lying West of said SR 473, in Sec. 11, Tp. 19 S., R. 26 E.
GRANTORS: Robert G. Hale and Patricia, his wife
Cedric Hale, Thomas W. Atkinson and Emily, his wife
Shields D. Gay, Jr. and Claudia, his wife
John E. Mainwaring and Shelia, his wife
ALL THAT PART OF : The West 100 feet of the East 240 feet of the North 226 feet of the Southwest quarter (SW ¼) of the Northwest quarter (NW ¼) of the Northwest quarter (NW ¼) of Section 18, Township 23 South, Range 26 East; lying within twenty-five feet (25’) on each side (50’ total) of the following described centerline:
Commence at the Northwest corner of Section 18, Township 23 South, Range 26 East; thence run South 0o06’42” East 863.00 feet; thence run North 87o00’30” West 667.09 feet to the start of this centerline; thence run South 87o00’30” East 1,296.92 feet to the end of this centerline.
Road maintenance – subdivision
Engineer Hays reported Mr. Wothke of Springs Bath and Yacht Club is desirous of the County helping to build new roads within the subdivision. On recommendation of the Engineer and on motion of Commr. Cowart, seconded by Commr. Dykes and carried, the Engineer was instructed to advise Mr. Wothke the County cannot help with this work.
Mr. Hays advised there will be two foremen retiring in a few months and we will need to consider replacements. Motion was made by Commr. Livingston, seconded by Commr. Cowart and carried, that the Engineer interview applicants and submit their names to the Board for approval.
Dalton Payne of Groveland appeared and introduced three representatives from the American Baptist Association who intend to establish a church campsite on the Sloan property east of SR 33. The spokesman for the group requested the County to build and maintain ingress and egress roads to the campsite. The Board members concurring, Chairman Theus assured the group the County will build the road when the right of way is obtained and the roads staked by a private surveyor.
Mrs. Verna Eastwood, Welfare Director, appeared at the request of the Chairman with reference to people who are waiting to enter the Lake Memorial Nursing Home, and the advisability of placing these patients in a private nursing home. Mrs. Eastwood advised there are 20 to 25 on the waiting list to the County Home. Mr. Jones of the Leesburg Convalescent Center advises he must receive $200 per month per patient. The State Welfare will pay $100 of this. Clerk Owens reported it is only costing the County $58.01 per patient to maintain the County Nursing Home. Chairman Theus instructed Mrs. Eastwood to try to place the patients who receive State Welfare Aid and have other income in the Leesburg Center and to inform Mr. Jones the County will only pay $58.01 per patient. Mrs. Eastwood to report on this at the next meeting.
It now being the time advertised to hold a public hearing to consider the extension of zoning in Lake County and no one present to object, motion was made by Commr. Babb, seconded by Commr. Dykes and carried, that the Board adopt a resolution extending the zoning within Lake County to include the following described areas:
All of the territory of Lake County that is not within the limits of any incorporated municipality;
LESS that certain territory within five (5) miles of the city limits of any municipality;
ALSO LESS that certain territory within one thousand feet (1,000’) of the center line of any state primary or secondary road or U.S. Highway;
AND ALSO LESS that area lying south of SR 46 between the city limits of Mount Dora and the Wekiva River;
(these exceptions for the purpose of excluding all areas previously zoned).
Zoning Classification of the above area to be Agriculture.
Outdoor recreational facilities
The Zoning Director discussed with the Board notice from the Florida Outdoor Recreational Planning Committee that federal funds are available for outdoor recreation land acquisition and development.
Planning & Zoning
The Zoning Director reported new officers have been elected to the Planning and Zoning Commission for 1967 as follows:
F. C. W. Kramer, III - Chairman
J. E. Brown - Vice Chairman
G. W. Coffey - Secretary
Budget – assessments
The Chairman initiated a discussion regarding newspaper article in the Orlando Sentinel on December 2, with reference to taxes and budgets, which article reads that the School Board did not raise its millage this year. Clerk Owens advised the following is the breakdown on the tax dollar:
69.46¢ to the Board of Public Instruction
26.18¢ to the Board of County Commissioners
3.26¢ to the Hospital Districts
1.10¢ to the Southwest Florida Water Management District
The School Board’s increase in anticipated revenue for 1966 is $878,125.88. The Board of County Commissioners’ increase is $116,474.93.
At this time the Tax Assessor, R. G. Cassady, appeared and made the following statement:
What is not made clear in the newspaper article is that the 12.5 mills on the 80 percent valuation was going to bring in over $796,000 in additional taxes. When the valuation was then raised to 100 percent, in accordance with the court order and the millage was reduced to 10 mills, this amount was still taken in by the School District Current Fund. The people voted for an increase of 1.9 mills in school taxes last November. The 100 valuation did not raise anybody’s taxes except homestead property from $19 to $22 each, which amounts to about $200,000.
The Attorney presented results of title search made by Lake Abstract & Guaranty Company on 2 ½ acres North of SR 44, Section 10, Twp. 19 S., Range 27 E., which shows there is a mortgage executed by Wm. P. Harrington and Margaret Mary Harrington to the Federal Land Bank of Columbia. On motion of Commr. Babb, second by Commr. Livingston and carried, the Clerk was authorized to make the warrant for the property payable to The Federal Land Bank of Columbia.
On motion of Commr. Cowart, second by Commr. Babb and carried, the Board declared the following described land to be surplus property and authorized the Clerk to advertise for the sale of same with bids to be received on January 9, 1967:
The West 396 feet of the South 150 feet of the SE ¼ of the NE ¼ lying East of the Road in Section 21, Twp. 22 S., Range 24 E.
Clerk Owens advised it has been brought to his attention when Irving Burleigh sold property to Earl Harris adjacent to the disposal plat for the Courthouse, he failed to exclude in the deed the permanent easement the County has on the property. The Attorney was instructed to notify Mr. Harris of the easement.
Bonds – official
Public Official Bonds were approved for the following on motion of Commr. Babb, seconded by Commr. Dykes and carried:
Paul W. Bryan – Member Board of Public Instruction - $2,000.00
J. C. Cowart – County Commissioner - $2,000.00
D. H. Livingston – County Commissioner - $2,000.00
Memorandum from the Soil Conservationist advising that 3,548 acres were mapped in November, making the total acreage to date mapped 362,462.
Certificates of Correction of Errors and Corrections on the 1966 tax roll number 1-213 were approved on motion of Comm. Dykes, seconded by Commr. Livingston and carried.
Request from the Sheriff that good time be taken away from the following prisoners was approved on motion of Commr. Babb, seconded by Commr. Cowart and carried:
Marcus Arrington, Eugene Garrett, Tommy Evans
On motion of Commr. Dykes, seconded by Commr. Livingston and carried, the Board adopted a resolution requesting the City of Tavares to enforce one hour parking on the following streets adjacent to the Courthouse property:
Sinclair Avenue South of Irma Street to Ruby Street
Irma Street between Sinclair and Texas Avenue
Texas Avenue South of Irma Street to Ruby Street
The action of the Chairman and Clerk in approving petition to Southwest Florida Tuberculosis Hospital for Thomas Junior Burgess was approved on motion of Commr. Dykes, seconded by Commr. Babb and carried.
Notices from the hospital were filed as follows:
Elizabeth M. Ashe was discharged with medical advice on November 10, 1966
Thomas Huffman Spencer left against medical advice on November 10, 1966
Cilla Taylor Fowler was discharged with medical advice on November 17, 1966
Johnnie Bentley expired on November 27, 1966
Roads – county
Letter from the DeLand Post Office advising that County Road 5-7991 needs grading was referred to the Engineer.
Licenses & Permits
Bond for Carrying Firearms for Fred R. Brown was approved on motion of Commr. Babb, seconded by Commr. Livingston and carried.
On recommendation of the Attorney and on motion of Commr. Dykes, seconded by Commr. Cowart and carried, the Chairman and Clerk were authorized to execute deed conveying the following described property to J. M. Tuner and wife, Lena R. Turner, for the purpose of correcting the description in deed executed by Lake County to A. Lee French as recorded in Deed Book 182, Page 376, public records of Lake County:
Commence 10 chains and 20 feet north of the Southwest corner of SE ¼ of SW ¼ of Sec. 29, Tp. 19 S., R. 27 E., said 20 feet being reserve for street, said point being the Northeast corner of Fifth and Highland Avenues, run thence East 180 feet, thence North 216 feet, thence West 180 feet, thence South 216 feet to place of beginning, in Mount Dora, Lake County, Florida.
Road & Bridge Department
On motion of Commr. Cowart, seconded by Commr. Babb and carried, the Engineer was instructed to construct a loading ramp at the Frame Clay Pit West of SR 468 on Myrtle Lake Road.
East Central Florida Regional Planning Council
Minutes of meeting held October 19 in Titusville were filed and copy of same distributed to each Board member.
Check from the U. S. Treasurer in the amount of $72.04 Lake County’s share of the Refuge Revenue Sharing Act was accepted on motion of Commr. Livingston, seconded by Commr. Cowart and carried.
The Mosquito Control Director was authorized to purchase boat and trailer for use in the hyacinth control program and Whites Fiberglass Industries in the amount of $375.00, on motion of Commr. Dykes, seconded by Commr. Cowart and carried.
On motion of Commr. Livingston, seconded by Commr. Dykes and carried, the Engineer was directed to buy the necessary materials and contract the labor to repair windows in the Umatilla Barn.
The Engineer and vised 1963 Chevrolet Truck, County Inventory #1885, was involved in an accident and have received to estimates for the repairs. B & C Paint & Body Shop $192.99, Bob’s Paint & Body Shop $150.50. Motion was made by Commr. Dykes, seconded by Commr. Babb and carried, that the low price be accepted.
On motion of Commr. Cowart, seconded by Commr. Babb and carried, janitorial service was approved for the Welfare Office as recommended by the Welfare Director, $30.00 for the first cleaning and $15.00 per month thereafter.
On motion of Commr. Livingston, seconded by Commr. Dykes and carried, the Board approved the inclusion of the Welfare Office in the pest control spray program at a cost of $2.00 per month.
Payroll of Clerks and Inspectors who served on the Election Boards at the General Election was approved in the amount of $5,751.28 on motion of Commr. Cowart, seconded by Commr. Dykes and carried.
Bill for title search by Lake Abstract & Guaranty Company in the amount of $15.00 for search made on property of Wm. P. and Margaret Mary Harrington was approved on motion of Commr. Livingston, seconded by Commr. Babb and carried.
On motion of Commr. Dykes, seconded by Commr. Cowart and carried, the Board approved $25.00 annual dues to Right of Way Agents Association.
On motion of Commr. Cowart, seconded by Commr. Babb and carried, the Board approved statement from the Secretary of State covering charges for furnishing the State Attorney certified copies of papers necessary for prosecution in criminal cases in Lake County for trial.
Fire extinguisher for Juvenile Kitchen was approved on motion of Commr. Dykes, seconded by Commr. Cowart and carried.
On motion of Commr. Dykes, seconded by Commr. Cowart and carried, payrolls for the month of November were approved.
Request from the Department of Commence regarding information pertaining to the 1967 census was referred to the Zoning Director.
Invitation from Broward County to bid on surplus equipment was referred to the Engineer.
Letter from Sylvan Shores Action Organization regarding paving streets in Sylvan Shores was read and filed, and copy distributed to each Board member.
Letter from L. E. Gerstung, Merritt Island, regarding road in Section 25 and 26, Twp. 24, Range 26 was referred to the Clerk.
Letter from the Town of Howey regarding road leading to the Howey dump was referred to the Engineer.
The following monthly reports were filed:
Planning, Zoning and Building Department
Veterans Service Officer
Surplus Commodity Warehouse Supervisor
Florida Division of Correction regarding Road Prison 58 and County Jail
County Judge’s Fines, Forfeitures and Costs
There being no further business to bring before the Board, the meeting adjourned at 4:30 o’clock P.M.