MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
MONDAY – JUNE 12, 1967
The Board County Commissioners of Lake County, Florida, met in regular session in the Commissioners’ Room in the Courthouse, in Tavares, on Monday, June 12, 1967, at 10:00 o’clock A.M. with the following members present: Chairman Dykes, Commrs. Theus, Cowart, Livingston and Babb. Others present were Attorney Duncan, Clerk Owens, Engineer Hays, Zoning Director Webb, and Clerk Norma Coven.
The meeting was called to order by the Chairman and the invocation was given by Mr. Webb.
It being the time advertised to receive bids on the following projects, the Chairman directed the Clerk to open and tabulate the bids, whereupon, the Clerk reported receiving bids as follows:
SURFACING COUNTY ROADS:
Prior to considering the bids, the Clerk submitted a letter from Attorney T. R. Champion questioning the Board’s authority to pave any portion of the subdivision’s streets free. County Attorney Duncan advised at the time the Plats were filed, the streets were dedicated to the public, which gives the County the legal right to maintain the streets; whereupon, the Board considered bids from the following:
Basic Asphalt Corp.
On motion of Commr. Cowart, seconded by Commr. Livingston and carried, the bids were referred to the Engineer for study and recommendation to the Board.
Sterling Huggins $1,465.00
On motion of Commr. Babb seconded by Commr. Cowart and carried, the bid was rejected and the Engineer was authorized to negotiate with Mr. Huggins for the work as specified in the ad.
Eustis Development Company $101,751.00
On motion of Commr. Babb seconded by Commr. Livingston and carried, the bid was rejected and the Clerk was instructed to readvertise for bids for July 10, 1967. The Clerk was also instructed to advertise a display ad in the Orlando, Tampa and Miami papers.
On motion of Commr. Theus seconded by Commr. Cowart and carried, the following changes were made to the present indigent list:
District No. 1 - ADD Rosie Cowart and Melody Manor $36.73
ADD Julia Shepherd 40.00
No. 2 - ADD Rosa Gadson 50.00
No. 3 - ADD Ira Tate 40.00
No. 4 and 5 - No Change
leases – county PROPERTY
Mr. John Lackey of Astor appeared and requested the County to lease property in Astor for the construction of VFW Post 9986 building, property lying within a closed street. Attorney Duncan advised if the street has been closed the law provides the title goes back to the adjoining property owners. Mr. Lackey was instructed to contact the property owners.
licenses and permits
George F. Lyon appeared with Attorney Richard Langley and presented bond for license for carrying firearm. Motion was made by Commr. Babb seconded by Commr. Theus and carried, that the bond be approved.
Attorney Duncan filed memorandum relative to the Board revoking a license to carry a firearm. Opinion states, “It does not appear that the County Commissioners have any specific authority to voluntarily revoke a license to carry a firearm.”
roads – county
On motion of Commr. Cowart seconded by Commr. Babb and carried, the Road and Bridge Department was directed to place rock on County Road #2-0611 (Lake Erie Road).
On recommendation of the Engineer and on motion of Commr Cowart seconded by Commr. Theus and carried, the following roads were approved and accepted as County Maintained Roads:
Nos. 2-1811 and 2-1911
Engineer Hays informed the Board Atlantic Coast Line Railroad Company advises formal application has never been made for two crossings in Sorrento, one for Dr. Hawthorne located 374’ NE of Mile Post TA-788, and one 513’ SW of Mile Post TA-787 for the County. Motion was made by Commr. Livingston authorizing the railroad to install the two crossings. The motion was seconded by Commr. Theus and carried.
contracts and agreements
The Engineer presented a letter from Polk Materials, Inc. stating that prices bid September 3, 1966 on asphalt materials are still in effect. On motion of Commr. Babb seconded by Commr. Theus and carried, the Board adopted a Resolution authorizing the purchase of asphalt materials for the remainder of the fiscal year from Polk Materials, Inc.
Engineer Hays stated a resident of Lake Franklin Park advises there is a house trailer belonging to a Mr. Haas parked on the road right of way. On motion of Commr. Cowart seconded by Commr. Livingston and carried, the Engineer was instructed to have the trailer removed from the right of way and placed on Mr. Haas’ property.
maps AND PLATS
Engineer Hays submitted for the Board’s approval Lake County map prepared by Adley Associates, Inc. and stated the Engineering Department can reproduce the map for the public. The Map shows State Roads, County Roads and Private Roads. On motion of Commr. Theus and seconded by Commr. Livingston and carried, the Board established a price of $1.50 per map to the public.
Engineer reported the new fairground property in Eustis has been staked off. Will not do anymore work until the deed has been recorded.
municipal corporations and cemeteries
On motion of Commr. Theus seconded by Commr. Cowart and carried, a Resolution was adopted authorizing the Road and Bridge Department to furnish sufficient loads of clay to construct a public access road to Shiloh Cemetery in the Town Limits of Fruitland Park.
laws and legislature
Attorney Duncan discussed Bills which have been passed by the Legislature and included in the Newsletter from the State Association. HB 2080 authorizing increase in cigarette tax and HB 16 changing the term of office for County Commissioners and School Board Members. Mr. Duncan said he does not believe this Bill is constitutional.
state road department
Clerk Owens presented a letter together with agreement form which the State Road Department will require commencing with the next fiscal year relative to projects constructed with Secondary Funds. This was established in 1963 and due to an oversight by the Department, it has not been required. Attorney Duncan advised this is in the Statutes and the Board must comply.
The Clerk submitted a letter from the State Road Department advising a public hearing has been scheduled for June 27, 1967 at 2:30 P.M., Astatula Community Building, relative to the proposed improvements to SR S-48 from SR 571 in Astatula to SR S-448 A. The Board approved the proposed improvements and instructed the Clerk to notify interested parties of the hearing and request their approval of same.
Clerk Owens stated we have a letter from Lawrence L. Peisner relative to assessments on property of Mrs. Carol Peters. He was directed to notify the parties the letter will be considered by the Board of Equalization on August 7th.
licenses and permits
Notice from the Florida Gas Company they are applying to the State Road Department for permit to install a gas line across SR 19-A at a point 435’ South of the center line intersection of County Road 3-4260 was referred to the Engineer.
Use permit was filed to the City of Leesburg for construction and maintenance of sewer and water line along County Road #1-5009.
Clerk Owens advised the Board that the Workmen’s Compensation coverage expires on July 5, 1967, the Board members concurring, the Chairman instructed the Clerk to renew the present policy with Noblitt Insurance Agency.
Mrs. Katherine Baker, Supervisor of Elections, was present and informed the Board the records from her office which are stored in the Pioneer Building need a permanent and safe storage place. The Board agreed to look into the feasibility of microfilming the records.
recess and reassembly
The meeting recessed for lunch at 12 o’clock noon and reconvened at 2:00 o’clock P.M. to take up the remaining items of business.
On recommendation of the Engineer and on motion of Commr. Theus seconded by Commr. Babb and carried, deeds conveying the following described properties to Lake County were accepted and ordered recorded upon the public records:
GRANTORS: Larry G. Miller and wife, Anne C. Miller
The South 33 feet of the West 120 feet of the East 990 feet of the South 660 feet of the SE ¼ of the NE ¼ of Section 28, Township 18 South, Range 24 East.
GRANTORS: Roger Hartsock and wife, Lucille Hartsock
Commence at the East ¼ corner of Section 28, Township 18 South, Range 24 East; thence run West 870.00 feet; thence run North 33 feet; thence run East 870 feet; thence run South 33 feet to the Point of Beginning.
Zoning Director Webb presented application of Roy D. Phipps for change of zoning from Classification C-1 to C-2, stating it is the recommendation of the Planning and Zoning Commission that the request be granted. Petition objecting to the rezoning was filed with the Board. The Chairman called for interested parties to be heard.
The following persons appeared objecting to the request for rezoning:
H. L. Pringle
Roy D. Phipps, Jr., the applicant, appeared in support of the rezoning.
A motion was made by Commr. Babb seconded by Commr. Cowart and carried, that the Board adopt a Resolution altering and amending the Zoning Rules and Regulations as requested in the applications, as follows:
From the intersection of the East line of the W ½ of the SW ¼ of NW ¼ of Sec. 23, Tp. 19 S. R. 25 E, and the North boundary of SR 500 (U.S. 441), run Northwesterly along highway 100 feet for a Point of Beginning. Thence run North 300 feet, Northwesterly parallel to highway 300 feet, South 300 feet to highway, Southeasterly along highway 300 feet to Point of Beginning;
now classified and zoned as C-1 (Commercial), be and the same is hereby amended, changed, and rezoned to Classification C-2 (Commercial).
On recommendation of the Planning and Zoning Commission and on motion of Commr. Cowart seconded by Commr. Babb and carried, a Resolution was adopted altering and amending the Zoning Rules & Regulations as they pertain to the following tract of land to the classification designated after the description:
The SE ¼ of the NW ¼ of the SE ¼, less the West 12 feet thereof; The East 660 feet of the North 660 feet of the South 1320 feet of Gov. Lot 4; The North 450 feet of the South 1170 feet of the West 100 feet of Gov. Lot 5; All in Sec. 12, Tp. 20 S. R. 24 E.,
now classified and zoned as A (Agriculture), be and the same is hereby amended, changed and rezoned to Classification R-3 (Mobile Home Park-Subdivision).
planning and zoning
It now being the time advertised to hold a public hearing to consider a proposed amendment to the Lake County Zoning Regulations, whereby Section II, entitled “Districts and Boundaries Thereof,” on page 4, shall be amended to read as follows:
In order to regulate and limit the height and size of buildings; to regulate and limit the intensity of the use of lot areas of open spaces within and surrounding buildings; to classify, regulate and restrict the location of trades and industries; and the location of buildings designed for specified industrial, business, residential and other uses, Lake County, Florida, is hereby divided into the following districts:
A Agricultural Rural Enterprises
R-1A Rural Residential
R-1 Rural Residential
R-2 Urban Residential
R-3 Mobile Home Park – Subdivision
C-1 Rural Commercial
C-3 Urban Commercial – Light Industry
The boundaries of said districts are hereby fixed and established as shown in the Official Zoning Atlas, which is hereby adopted by reference and made a part of this Amendment.
Each page of the Official Zoning Atlas shall be identified by the facsimile of the signature of the Clerk of the Board of County Commissioners and bear the seal of the County.
This Atlas shall be on file in the office of the Lake County Planning and Zoning Commission of Lake County.
There were no objections or complaints and on motion of Commr. Babb seconded by Commr. Theus and unanimously carried, a Resolution was adopted amending the Lake County Zoning Regulations as above and the Resolution was declared effective this date.
On recommendation of the Zoning Director and on motion of Commr. Babb seconded by Commr. Cowart and carried, the Board authorized a public hearing for July 10, 1967 to consider a proposed Amendment to the Lake County Zoning Regulations whereby Classification “A,” Agriculture and Rural Enterprises, Section III, Uses Permitted, be amended.
On recommendation of the Zoning Director and on motion of Commr. Livingston seconded by Commr. Babb and carried, the Board approved the appointment of a committee to study area-wide planning.
Memorandum from the Soil Conservationist that 11,217 acres were mapped in May was read and filed.
On motion of Commr. Theus seconded by Commr. Babb and carried, the Board authorized the Clerk to advertise for bids for furnishings in the Nursing Home Addition. Bids to be received July 10, 1967.
Commr. Theus moved that the services of Sam C. Bryant, Construction Foreman, be terminated as of today, June 12, 1967, and that he be paid termination pay through June 30, 1967. Chairman Dykes vacated the Chair and seconded the motion; whereupon, the Vice Chairman declared the motion carried.
On motion of Commr. Theus seconded by Commr. Cowart and carried, the Clerk was authorized to advertise notice of completion of tax assessment roll and presentation of same to the Board on July 3, 1967 at 9:00 o’clock A.M.
Engineer Hays presented petition signed by property owners requesting that Sylvan Point Drive in Sylvan Shores Point Subdivision be resurfaced in accordance with the provisions of Chapter 63-1505, Laws of Florida 1963. The Engineer advised 80% of the owners have signed the petition, or 85.91% of front footage. Motion was made by Commr. Livingston seconded by Commr. Babb and carried, that the petition be accepted and public hearing authorized for August 7, 1967. The Board authorized the Engineer to have the necessary surveying done at the County’s expense.
Engineer Hays advised in some instances leases allowing the County to remove clay from private property have expired, and the owners are willing for the County to use the pits provided the area is not enlarged and the clay removed from the bottom of the pit. What authorization will be required from the owner to do this? Attorney Duncan said in lieu of a temporary easement, a letter from the owner authorizing the County to remove the material from the bottom of the pit will be necessary.
right of way – roads
Attorney Duncan informed the Board he has a request from an Attorney in Tampa requesting release of right of way to Herbert H. Fitz and Alice M. Fitz Ellingson. The Engineer advises County Road 2-2427 is located East of the property in question. On recommendation of the Attorney, he was instructed to request the Tampa attorney to secure abstract naming the adjoining property owners and determining if the same road reservation is included in their deeds.
On motion of Commr. Cowart seconded by Commr. Livingston and carried, the Engineer was authorized to purchase a metal detector from Relco Industries for $149.00, including case and freight.
Expenses were approved for the Engineer to attend the National Assn. of Counties Convention in Detroit, Michigan on July 29 – August 3rd, on motion of Commr. Theus seconded by Commr. Babb and carried.
Request from the Veterans Service Officer to attend meeting in St. Petersburg with the Director of Outpatient Services on June 13, 1967 was approved on motion of Commr. Babb seconded by Commr. Theus and carried.
On motion of Commr. Babb seconded by Commr. Livingston and carried, Wm. Nixon, Asst. County Agent, was authorized to attend Golf Course Maintenance Clinic in Fort Lauderdale on June 12 – 14th.
On motion of Commr. Babb seconded by Commr. Theus and carried, the low quotation of Southern Printing Company to print 1500 certificates for 4-H awards at a cost of $26.10 for each 500 certificates, less 10% was approved.
Expenses were approved for W. T. Mills and Louise R. Shay to attend National Juvenile Court Judges’ Convention in Fort Lauderdale on June 15 – 30th on motion of Commr. Babb seconded by Commr. Cowart and carried.
Request from Doris Babb to attend Officers and Directors Meeting of County Finance Officers Association in Panama City on June 22 – 24th, was approved on motion of Commr. Babb seconded by Commr. Livingston and carried.
Second request for payment from Thompson Bros. Construction Company in the sum of $6,709.50 for work performed on the Nursing Home Addition was approved on motion of Commr. Babb seconded by Commr. Theus and carried.
Payment to the Lake County Development Commission in the amount of $2,500.00 was approved on motion of Commr. Babb, seconded by Commr. Cowart and carried.
True Temp, Inc.’s recommendation that the motor in the indoor fan installed in the Juvenile Shelter be increased to a 1-HP motor at a cost of $60.00 installed, was approved on motion of Commr. Theus seconded by Commr. Babb and carried.
The following vouchers were approved for payment on motion of Commr. Theus seconded by Commr. Babb and carried:
General Revenue Fund
1475 – 1674
Mosquito Control State I
28 – 32
37 – 44
Fine and Forfeiture Fund
136 – 158
Road and Bridge Fund
530 – 619
Capital Outlay Reserve – County Home
Bond Interest & Sinking Fund – County Buildings
Letter and press release from the U. S. Department of Agriculture relative to conditions under which Japanese grown (Satsuma) oranges may be imported into the United States were filed.
The following monthly reports were filed:
Florida Division of Corrections regarding Lake County Jail & Stockade
The minutes of regular meeting held May 1st and 8th and special meeting held May 16th were approved as submitted on motion of Commr. Livingston seconded by Commr. Babb and carried.
There being no further business to bring before the Board, the meeting adjourned at 3:15 o’clock P.M.