MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS

 MONDAY – February 13, 1967

The Board of County Commissioners of Lake County, Florida met in regular session in the Commissioners’ Room in the Courthouse in Tavares on Monday, February 13, 1967, at 10:00 o’clock A.M., with the following  members present:  Chairman Dykes, Commrs. Cowart, Livingston, Theus and Babb.  Others present were Attorney Duncan, Clerk Owens, Engineer Hays, Zoning Director Webb, and Deputy Clerk Norma Coven.

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

Indigents

On motion of Commr. Livingston, seconded by Commr. Theus and carried, the following changes were made to the present indigent list:

District No.

1 -

No change

 

 

2 -

No change

 

 

3 -

DELETE Mable Stribbling -

$20.00

 

4 -

DELETE William Powell -

$10.00

 

5 -

No change

 

 

Maps and plats

Attorney F. R. Greene of Ocala presented petition to vacate the Plat of Pine Hurst in the Town of Lady Lake on behalf of Mary H. Boyer, together with proof of publication of Notice of Intent to Vacate Plat, opinion of Lake Abstract & Guaranty Company that ownership is vested in Mary H. Boyer and affidavits from the Town of Lady Lake and the Clerk of Circuit Court that no outstanding taxes are due on the property.  On motion of Commr. Theus, seconded by Commr. Babb and carried, a resolution was adopted vacating the plat of Pine Hurst, more particularly described as follows:

All that piece or parcel of land described and designated at “Pine Hurst,” a subdivision as per plat thereof recorded in Plat Book 6, at page 110, of the public records of Lake County, Florida.  Said parcel is otherwise described as re-subdivision of Lots 56 and 57 of the Town of Lady Lake, as per plat recorded in the office of the Clerk of the Circuit Court, Sumter County, Florida, and that part of the Southwest ¼ of Southeast ¼ of Section 17, Township 18 South, Range 24 East, lying East of the ACL Railroad right of way.  Said parcel being also described as Lots numbered 1 to 10, inclusive, of that unnumbered block lying West of Block 55 of the official plat of the Town of Lady Lake adopted by the Town Council of said town on January 6, 1926, and recorded in Plat 8, Pate 10, of the public records of Lake County, Florida.

 

Mr. E. T. Hall appeared and presented plat of Imperial Mobile Terrace, First Addition, owners Charlie Squibb and wife, Gladys H. Squibb.  Attorney Duncan advised Lawyers Title Insurance Corp. Policy V-405-223 covers the property consisting of 44 lots and states the title is acceptable.  Letter was filed from the County Engineer recommending the subdivision for septic tank type sewage disposal and advising that permanent street markers have not been erected.  Letter was read from Dr. Hall recommending that the Board not accept this plat or any more plats for septic tank type sewage disposal.  On motion of Commr. Livingston, seconded by Commr. Theus and unanimously carried, the Board accepted the plat and ordered same recorded upon the public records of Lake County.

Road maintenance

Rex McCammack of Montverde appeared relative to the County assisting the Town of Montverde in maintaining the streets within the town.  On motion of Commr. Theus, seconded by Commr. Babb and carried, the Attorney was instructed to prepare a general contract whereby the County can assist the town and cities with street maintenance.

Civil defense

The Civil Defense director appeared at the request of the Board relative to the County being removed from the federal funding program.  Mr. Hess advised this has no effect on the 50 percent basis of administrative expenses furnished by the federal government.  The Civil Defense Office has recently been notified it has been operating in error with reference to surplus property.  Equipment donated by the Surplus Property Division has erroneously been titled in the name of the cities or towns using the equipment, instead of Lake County.  The Attorney was instructed to work with Mr. Hess to straighten this matter out.

Mr. Hess invited the Board to participate in a Radiological Monitoring Class beginning February 21, 1967 at 7 P.M. to be held at the Leesburg Fire Station.

Roads – county

Engineer Hays reported County road numbers have been assigned to the following county maintained roads, and the same was approved on motion of Commr. Babb, seconded by Commr. Cowart and carried:

            Access Road to Haselton Heights - #5-6361

            Williams Road connecting SR S-48 and SR s-448 - #3-3158

On motion of Commr. Babb, seconded by Commr. Livingston and carried, the Engineer was instructed to contact the property owners on Sylvan Lake Drive, County Road #5-5327, one-half mile West of SR 500, to remove the trees from the sides of the road and to erect one-way signs on each side of the bridge.

The Engineer presented for the Board’s approval petition form to be submitted by owners when requesting the County to construct and maintain a road to county specifications.  The form was approved on motion of Commr. Theus, seconded by Commr. Cowart and carried.

Messrs. John May and Irving Burleigh representing the Abstract Companies appeared and objected to the plats of prescriptive roads filed by the Engineer and approved by the Board at the last meeting. Mr. May expressed an opinion that property will be uninsurable due to the inaccurate dimensions shown on the plats.  On recommendation of the Attorney and on motion of Commr. Babb, seconded by Commr. Cowart and carried, the action of the Board in approving the twenty-one (21) plats of county roads on February 6, 1967 was rescinded, and the Attorney was instructed to prepare proposed legislation regarding prescriptive roads.

Richard Langley, Attorney, appeared with reference to County Road 3-2232 encroaching on the property of Victor Buchta.  The Engineer was instructed to secure the right of way and establish the road in accordance with Mr. Buchta’s property line.

Deeds

On motion of Commr. Babb, seconded by Commr. Livingston and carried, permanent easement was accepted conveying the following described property to Lake County to be used as citrus loading ramp:

GRANTORS: B. S. Burton and wife, Eleanor G. Burton

Commence at the Northeast corner of the Northwest ¼ of the Northwest ¼ of Section 9, Township 18 South, Range 25 East; thence run West 25.00 feet and South 20.00 feet to the Point of Beginning; thence continue running South 62.50 feet; thence run West 100.00 feet; thence run North 77.50 feet; thence run Southeasterly along edge of County clay road (#5-7528) 101.12 feet to the Point of Beginning.

 

Bids

On recommendation of the Mosquito Control Director and on motion of Commr. Cowart, seconded by Commr. Babb and carried, the Board adopted a resolution accepting the second low bid of Florida Equipment Company of Orlando as the best bid on a dragline for use by the Mosquito Control, amount of bid $23,013.60.

On recommendation of the Mosquito Control Director and on motion of Commr. Theus, seconded by Commr. Livingston and carried, the low bid from Florida-Georgia Tractor Company, Inc. on ¾ cu. yd. Hendrix dragline bucket in the amount of $640.00 was accepted.

Public health

Mr. Milton reported that residents of Sumter County are using the Lady Lake Landfill and he was instructed to erect signs reading “Lake County Residents Only.”

Elections – special

On motion of Commr. Theus, seconded by Commr. Babb and carried, the Clerks and Inspectors who served on election boards in the last general election were appointed to serve in the three special elections called by the Governor.  Copy of same being on file in the Clerk’s Office.

The Clerk was authorized to prepare absentee and machine ballots and advertise same in accordance with the law.

Hospitals

Mr. Jack Jones, Architect, appeared and submitted plans for an addition to the Lake Memorial Nursing Home.  Mr. Jones reported the estimated cost for the addition is $31,000.  The plans as submitted by Mr. Jones were approved subject to approval by the State Board of Health, on motion of Commr. Babb, seconded by Commr. Livingston and carried.

County property

The Board members concurring, the Chairman directed Emery Dillard together with Commrs. Cowart and Livingston to select a caretaker for the Lone Pine Clay Pit grove.

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.

Zoning

Attorney Gordon Savage representing Howard F. Whitten appeared and stated his client’s application for rezoning had been denied by the Planning and Zoning Commission.  After viewing an aerial photograph of the area and hearing arguments by Mr. Savage and Mr. Webb, and on motion of Commr. Theus, seconded by Commr. Livingston, the Board requested that the rezoning application be reconsidered by the Planning and Zoning Commission.

Federal agencies

Zoning Director Webb introduced W. W. Lichtler and D. D. Knochenmus representing Geological Survey, U. S. Department of Interior.  Mr. Knochenmus gave a brief outline of the proposed program of water resources investigation of Lake County.  This will be a three year program and the approximate cost to the County the first year is $8,000.  Mr. Howard E. Young, Chairman, Oklawaha Water Authority, was present and recommended that the County enter into this program on a 50/50 basis with the Water Authority.  Mr. Young said he had hoped the Southwest Florida Water Management District would enter into this program with the two Lake County Boards but has been informed they will not.  Mr. Young stated there are three locations where geological information is badly needed.  First in South end of Lake Apopka, seconded the Nicotoon Chain of Lakes, and South end of Lake County and Green Swamp.

On motion of Commr. Babb, seconded by Commr. Livingston and carried, the Board agreed to enter into this program on a 50/50 basis with the Olawaha Water Authority.

County buildings

Mr. J. Y. Clark of True Temp, Inc. appeared and stated several buildings were omitted from the proposal submitted last week for serving the heating and cooling units.  Correct amount is $306.00 per quarterly inspection which includes the Health Department Building, Tavares; Lake Memorial Nursing Home and the Welfare Office Building, Leesburg.  Motion was made by Commr. Livingston, seconded by Commr. Cowart and carried, that the proposal be accepted as corrected.

Road maintenance

Rev. Martin and Dr. Vining of the Florida Baptist Encampment, Inc. appeared with reference to survey made by the County Engineer for access road into the camp.  Mr. Hays recommended that the road follow a higher elevation as approximately 27,000 yards of dirt will be needed for fill at the present location.  Dr. Vining advised the adjoining property owner will not donate the necessary right of way to relocate the road.  Dr. Vining stated if the County cannot help build the roads, that the deeds be returned to him.  On motion of Commr. Babb, seconded by Commr. Cowart and carried, the Engineer was directed to return the deeds to Dr. Vining.

State agencies

The Engineer raised the question of agencies the County can legally assist.  Attorney Duncan advised it depends on whether there is sufficient public interest if a private, semi private, or county wide organization.  It is difficult to tell where the dividing line is.  The Attorney and Engineer were instructed to work on this.

On motion of Commr. Babb, seconded by Commr. Theus and carried, the Attorney was directed to advise the Florida Horsemen’s Assn. that the County cannot furnish clay or haul sawdust for their shows; also, to advise the American Legion, Umatilla, that the County cannot pay for repairs or purchase of furniture in the Legion Building.

Mosquito control

Mr. Babb reported J. C. Powers, Umatilla, requests that the drainage ditch between Marsh Park and Eustis Meadows be cleaned out.  This was referred to the Mosquito Control Director.

The Attorney advised if there is a natural flow in drainage ditches, the County has the right to clean out the ditch.

Zoning

The Zoning Director informed the Board that Astor Park Camp Sites, unrecorded plat, is now under the jurisdiction of the Planning, Zoning and Building Department as far as permits are concerned, and the plat does not meet the requirements according to lot size.  On motion of Commr. Babb, seconded by Commr. Livingston and carried, the Attorney was instructed to advise the owners that sales made prior to December 5, 1966, when extended zoning became effective, permits would be exempt, and also to advise that the size of lots in the subdivision do not meet Agricultural Classification now in effect.

On motion of Commr. Babb, seconded by Commr. Livingston and carried, the Attorney was directed to proceed with legal action against zoning violator W. B. Hall.

On recommendation of the Planning and Zoning Commission and on motion of Commr. Livingston, seconded by Commr. Babb and carried, a resolution was adopted amending the Zoning Rules and Regulations on the following described lands to the classification designated after each description:

1.      E ¼ of NE ¼ of SE ¼ in Sec. 9, 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.      From the Southwest corner of Gov. Lot 2 in Section 24, Township 20 South, Range 25 East, run North 816.5 feet, South 85o10’ West 71.3 feet, North 8o30’ West 288.6 feet, North 61o07’ East 594 feet for Point of Beginning; thence run North 30o West 704 feet to lake; begin again at POB, run North 62o47’ East 637.3 feet, North 29o23’ West 576 feet to lake, Southwesterly along lake to intersect first line;

AND: Begin 816.5 feet North of Southwest corner of Gov. Lot. 2 in Section 24, Township 20 South, Range 25 East, run South 85o10’ West 71.3 feet, North 8o30’ West 288.6 feet, North 61o07’ East 584.7 feet, North 62o47’ East 637.3 feet, North 29o23’ West 576 feet to lake; begin again at POB, run North 84o48’ East 1272.7 feet, South 76o30’ East 159.5 feet, South 44o East 83 feet, South 75o East 178 feet, East 474.3 feet to lake, Northwesterly along lake to intersect first line; now classified and zoned as R-1A (Residential), be, and the same is hereby amended, changed and rezoned to Classification A (Agriculture).

 

Laws and legislation

The Zoning Director discussed the need of the Board establishing competency standards for the building trades.  Mr. Webb said he has correspondence from the Attorney General’s office regarding this and the Planning and Zoning Commission highly recommend this action.  On motion of Commr. Livingston, seconded by Commr. Babb and carried, the recommendation was accepted and the Zoning Director instructed to work with the Attorney in preparing proposed legislation covering same.

Roads – state

On motion of Commr. Theus, seconded by Commr. Babb and carried, the Board adopted a resolution requesting the State Road Department to make a survey of the intersection of Picciola Road with State Road 25 North of Leesburg, with the view of determining what lights and size may be installed at the intersection for the protection of the public.

Road maintenance

Clerk Owens submitted a letter from the City of Clermont requesting assistance in surfacing certain streets within the city.  The Attorney was instructed to prepare contract with the City of Clermont to furnish equipment and clay for this work.

Request from Muraro Groves, Inc. that the County continue to maintain road running off the Empire Church Road Southerly to Groveland Farms was referred to the Engineer.

Reports – official

Annual Report from the Sheriff for the year ended September 30, 1966 was filed showing a refund to the County of $2,404.15.

Hospitals

Action of the Chairman and Clerk in approving application to the Southwest Florida Tuberculosis Hospital for Thomas Huffman Spencer was approved on motion of Commr. Livingston, seconded by Commr. Theus and carried.

Federal agencies

Clerk Owens presented letter from the Lake County Economic Opportunity, Inc. advising that the LCEO regards the letter from the Board granting use of the office space occupied by the agency as a legal contract and must receive word from Washington before the contract can be broken.  The Attorney was instructed to answer the letter.

County employees

The Clerk submitted estimated monthly mileage reports from the following employees and same were approved on motion of Commr. Babb, seconded by Commr. Cowart and carried:

Earl M. Kelley, Agricultural Agent

1,425

miles

Wm. N. Nixon, Assistant Agricultural Agent

1,169

miles

Marian Valentine, Home Economic Agent

751

miles

Heloise P. Hankinson, Assistant Home Economic Agent

746

miles

Deborah Boulware, Assistant Home Economic Agent

759

miles

Wm. T. Mills, Juvenile Counselor

1,039

miles

H. D. Underwood, Assistant Juvenile Counselor

1,031

miles

Louise R. Shay, Assistant Juvenile Counselor

1,098

miles

Verna Eastwood, Welfare Director

772

miles

Nelia J. Burrow, Assistant Welfare Director

1,010

miles

 

County buildings

Clerk Owens notified the Board a representative of the U. S. Office of Economic Opportunity advised him the signs over the restrooms in the County Buildings are not in keeping with the Civil Rights Act.

State road department

On motion of Commr. Livingston, seconded by Commr. Babb and carried, a resolution was adopted requiring the State Road Department to pay from secondary funds cost of title search on proposed road commencing approximately at the intersection of SR 452 and SR 44 West of Eustis, and extending Easterly to intersect SR 44-A.

Lake county development commission

Commr. Theus made a motion appointing Gerald E. Carrico to serve as a member of the Lake County Development Commission from District No. 1, to replace Mr. H. W. Hall.  The motion was seconded by Commr. Cowart and carried.

Appointments

The Board members concurring, the Chairman appointed John Stokes of Clermont to serve on the Planning and Zoning Commission.

Ambulance service

The Clerk read a letter from Marion M. Warren, Jr. relative to the proposed ambulance service program.

Accounts allowed

On recommendation of the Engineer and on motion of Commr. Babb, seconded by Commr. Theus and carried, local telephone service was approved for all Road and Bridge Department Foremen and the superintendent.

On recommendation of the Home Economics Agent and on motion of Commr. Babb, seconded by Commr. Livingston and carried, purchase was approved for three (3) Singer Sewing Machines at a cost of $247.44.

On motion of Commr. Babb, seconded by Commr. Theus and carried, the Agricultural Agent was authorized to purchase a Bell and Howell Combination Slide and Filmstrip projector at a cost of $135.50.

Expenses of one Zoning Inspector were approved to attend annual Short Course of Building Officials Assn. in Gainesville, February 26 – March 1, on motion of Commr. Cowart, seconded by Commr. Babb and carried.

Request from R. B. Elliott for refund of duplicate payment of 1964 taxes in the amount of $5.32 was approved on motion of Commr. Babb, seconded by Commr. Livingston and carried.

Invoice from A. W. Smith & Sons in the amount of $1,495.00 contract price for erecting Courthouse Identification Signs was approved on motion of Commr. Babb, seconded by Commr. Livingston and carried.

Request from the Leesburg General Hospital for payment due from taxes levied in the Northwest Hospital District was approved in the amount of $38,000 on motion of Commr. Theus, seconded by Commr. Babb and carried.

Payment to the Florida Development Commission for Urban Planning Project in the sum of $3,668.00 was approved on motion of Commr. Livingston, seconded by Commr. Babb and carried.

Request from the Tax Collector for commissions on taxes remitted in the amount of $9,640.34 was approved on motion of Commr. Livingston, seconded by Commr. Babb and carried.

Payment on contract to Shoup Voting Machine in the sum of $2,148.66 was approved on motion of Commr. Cowart, seconded by Commr. Theus and carried.

On motion of Commr. Babb, seconded by Commr. Theus and carried, the Clerk was instructed to notify the Court Reporter to the Board has established an 8¢ per page charge for use of the Xerox machine.

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

General Revenue Fund

Nos.

651-858

Mosquito Control – State I

 

11-14

Mosquito Control – State II

 

12-16

Road and Bridge Fund

 

245-309

Fine and Forfeiture Fund

 

61-83

Northwest Lake County Hospital District

 

4

Northeast Lake County Hospital District

 

4

South Lake County Hospital District

 

4

Capital  Outlay Reserve – County Buildings

 

1

 

Communications

Letter from Charles J. Neidinger of Clermont commending the Veterans’ Service Officer was read and filed.

Letter and proposed agreement from Marlof Hygienic Equipment, Inc. regarding the sewage treatment plant was filed.

Reports

Report for January from the Welfare Department was filed.

Minutes

On motion of Commr. Livingston, seconded by Commr. Cowart and carried, minutes of the regular meetings held January 3rd and 9th and special meeting held January 25th were approved as submitted.

 

There being no further business to bring before the Board, the meeting adjourned at 4:10 o’clock P.M.

 

___________________________________                          ______________________________

CLERK                                                                                   CHAIRMAN