A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS

MONDAY – december 9, 1963

The Board of County Commissioners met in regular session in the Small Claims Office in the Courthouse at Tavares on Monday, December 2, 1963, at ten o’clock A.M. with the following present: Chairman Dykes; Commrs. Theus, Cowart, Livingston, and Babb; Clerk Owens; Attorney Duncan; Engineer Hays; and Zoning Director Webb.

The meeting was called to order by Chairman Dykes.

The invocation was given by Mr. Theus.

indigents

On a motion by Commr. Theus, seconded by Commr. Cowart, the present indigent list was approved with no changes.

Mrs. Myrtle Sudderth, County Welfare Director, appeared with reference to the period of residence required for indigent hospitalization. Mrs. Sudderth recommended that the six months requirement be extended to one year; WHEREUPON, on a motion by Commr. Babb, seconded by Commr. Livingston, the following resolution was adopted:

WHEREAS, it has been brought to the attention of the Board of County Commissioners that for the protection of the residents of Lake County and to preserve the economy of the County, it has become essential that a definite residence period be determined before indigents requiring hospital benefits are entitled to such benefits, and

WHEREAS, adjoining counties have established the rule that a person, in order to be entitled to hospital benefits, must be a resident of the County for a period of one year prior to such application; and that a uniform plan for Lake County and the surrounding counties will be for the best interests of all;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that on and after the adoption of this Resolution, no person residing in Lake County shall be entitled to hospital benefits under the present Laws and Regulations until it can be shown that such person has been a resident of Lake County for the period of one year prior to the application for such benefits.

hospitals

Clerk Owens advised that the petition of James McClain which was approved by the Board at the last meeting to the Southwest Florida Tuberculosis Hospital has been returned by the hospital because of a paragraph added to the petition stating that Lake County would not assume any responsibility for this patient’s per diem payments as he is a non-resident of the State. Discussion regarding this patient being a carrier of the disease; WHEREUPON, a motion was made by Commr. Theus, seconded by Commr. Babb and carried that James McClain be admitted to the tuberculosis hospital without reservation.

bids

It now being ten o’clock a.m., the time advertised to receive bids on property located at 352 E. Third Street, Mount Dora, the following bid was received:

John Alden Murray for Richard W. Wright - $6,511.00

On a motion by Commr. Babb, seconded by Commr. Theus, the bid from John Alden Murray for Richard W. Wright in the amount of $6,511.00 was accepted, and the attorney was instructed to prepare the necessary papers for the sale of this property.

It now being the time advertised to receive bids for one (1) dump truck for District No. 4, the following bids were received:

JOE CREAMONS, INC., Eustis

1 1964 Chevrolet truck equipped according to specifications with trade-in of 1956 dump truck $3,111.69

BOAST MOTORS, INC., Leesburg

1 1964 Dodge D500 equipped according to specifications with trade-in of 1959 GMC dump truck $3,216.43

JUNGLE AUTO SERVICE, Leesburg

1 1964 GMC truck equipped according to specifications with trade-in of 1959 dump truck $3,175.00

On a motion by Commr. Livingston, seconded by Commr. Cowart, the bids were referred to the County Engineer for study and recommendation to the Board.

road closings

A petition having been filed with the Board on November 12 by Stanley G. Tyre for the closing of certain streets in Lake Franklin Park and proof of publication of Notice of Hearing filed, there being no objections or complaints, the following resolution was adopted on a motion by Commr. Livingston, seconded by Commr. Babb and carried:

WHEREAS, the owners of the land abutting the following described streets have presented to the Board of County Commissioners of Lake County, Florida, a Petition to close certain streets in Lake County, Florida, according to the Plats hereinafter designated and filed in the public records of Lake County, Florida, more particularly described as follows:

Pine Crest Road and Morningside Circle, according to the Plat of Lake Franklin Park, Unit No. 3, a copy of which is recorded in Plat Book 8, Page 37, public records of Lake County,

WHEREAS, said Board of County Commissioners, in accordance with Notice hereinafter mentioned has on this 9^th day of December, 1963, at its Regular Meeting at 10:00 in the forenoon at its offices in the Courthouse in Tavares, Lake County, Florida, considered the advisability of renouncing and disclaiming any right of Lake County and the Public, in and to the above-described streets and the advisability of vacating, abandoning, discontinuing and closing the same, a Notice of this Meeting having been published according to Law in the Mount Dora Topic, a newspaper of general circulation, published in Mount Dora, Lake County, Florida, by the Mount Dora Publishing Company, proper proof of the publishing of which has been submitted to the Board of County Commissioners, and

WHEREAS, the Board of County Commissioners has considered said application, and no objection having been made to the closing of said streets, and it appears to the Board that the continued dedication of said streets can serve no useful purpose to the public, and that the same do not constitute any part of the State or Federal Highway System;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the streets hereinbefore more particularly described be henceforth closed, abandoned, discontinued and vacated; and that the Board of County Commissioners, acting for Lake County and the Public does hereby renounce and disclaim any right, title or interest in and to said streets; and that the title to said streets be vested in the adjoining property owners, in accordance with law.

RESOLUTION RECORDED IN O.R. BOOK 254, PAGE 331

A Petition having been filed with the Board on November 12^th by Virginia Getch for the closing of certain streets in Hallen’s Subdivision and proof of publication of Notice of Hearing filed, there being no objections or complaints, the Board continued the hearing on the resolution to close a portion of Tioga Street subject to the filing of deeds or easements granting to certain property owners an access road to SR 500 (US 441).

A petition to close certain streets in Edgewater Beach Subdivision and proof of publication of Notice of Hearing was filed by Attorney Harry P. Johnson, said petition being as follows:

Come now the Petitioners, Munsey F. Doyle; R. Douglas Sadler and Jeannette Sadler, his wife; Donald W. Bloebaum and Ruth P. Bloebaum, his wife; and Mrs. Nona E. Gulley, by and through their undersigned attorney and shows unto the Board the following facts to-wit:

1. That the Petitioners, above-named, are the owners of the following Lots or Parcels of land situated in and adjoining Madison Street, according to the Plat of Edgewater Beach, filed April 5, 1926 and recorded in Plat Book 8, Page 84, Public Records of Lake County, Florida, respectively as follows, to-wit:

(a) Munsey F. Doyle is the owner of Lot 1, in Block B;

(b) R. Douglas Sadler and Jeanette Sadler, his wife, are the owners of Lots 2-20 and Lot 23 in Block A; also Lots 2, 3, 4, and 6-13, Block B;

(d) Mrs. Nona E. Gulley is the owner of Lots 1-5 in Block G, and Lots 1-5 in Block H.

2. That Edgewater Beach is outside the limits of an incorporated Town or City and is mostly covered with orange groves, and Madison Street has never been opened or used by the public.

3. That your Petitioners are the owners of the property abutting on Madison Street as shown on said Plat, aforesaid, and they are desirous of your Honorable Board passing a Resolution closing, vacating, or abandoning said Madison Street in Edgewater Beach, Lake County, Florida.

WHEREFORE, your Petitioners respectively request that your Honorable Board pass a Resolution closing, vacating, or abandoning said Madison Street in Edgewater Beach, aforesaid.

Partial copy of Plat of Edgewater Beach attached.

There being no objections or complaints, the following resolution was adopted on a motion by Commr. Babb, seconded by Commr. Cowart:

WHEREAS, the owners of the land abutting the following described street have presented to the Board of County Commissioners of Lake County, Florida, a Petition to close a certain street in Lake County, Florida, according to the Plat hereinafter designated and filed in the public records of Lake County, Florida, more particularly described as follows:

Madison Street, according to the Plat of Edgewater Beach, filed April 5, 1926 and recorded in Plat Book 8, Page 84, recorded in the Public Records of Lake County, Florida, with the exception of the intersection at First Street and at Lake Boulevard.

And said Petition is in proper order and form, and

WHEREAS, THE SAID Board of County Commissioners has on the 9^th day of December, A.D. 1963, at its regular meeting at 10:00 a.m. at its office in the Court House at Tavares, Lake County, Florida, considered the advisability of renouncing or disclaiming any right of Lake County and the public in and to the above-described street and the advisability of vacating, abandoning, discontinuing, and closing same; and the Notice of this meeting was published in Tavares, Lake County, Florida, by said Tavares Lake County Citizen, proper proof of the publication of which has been submitted to the Board of County Commissioners, and

WHEREAS, the Board has considered said application, and no objections have been made to the closing of said Street and it appearing to the Board that the continued dedication of said street and alley can serve no useful service to the public;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the street hereinbefore more particularly described, with the exception of the intersection at First Street and at Lake Boulevard be henceforth abandoned, discontinued, and vacated; and that the Board of County Commissioners, acting for lake County and the public, does hereby renounce and disclaim any right, title, or interest in and to the street hereinbefore described be vested in the adjoining owners, as their names appear in the said Petition and Notice of Hearing, in accordance with the law.

RESOLUTION RECORDED IN O.R. BOOK 254, PAGE 364

ROAD CLOSINGS

Mr. Horace Hall of Okahumpka appeared with reference to closing the road in front of his house. Engineer Hays was instructed to secure the correct description of this road for Attorney Duncan to prepare the necessary papers for Mr. Hall.

county property

On the recommendation of the County Attorney and on the statement of Commr. Theus that the 18.9 north of the 66’ County right of way is the same as the 18.9’ on the south side of the right of way on N. Lake Griffin, and the County Engineer concurring, a motion was made by Commr. Babb, seconded by Commr. Livingston and carried that the exchange of property for 18.9 with Citrus Marketers, Inc. be made, and the Attorney was instructed to proceed with negotiations for this exchange.

Attorney Duncan filed an opinion of title on property purchased from Harry P. Johnson in the City of Tavares.

appraisals

On the recommendation of Attorney Duncan, Emery Dillard and Memory Martin were appointed appraisers to appraise the abandoned railroad right of way north of Umatilla. Clerk Owens was instructed to notify these gentlemen of this and request they have the appraisal to the Board by the first meeting in January.

complaints

Mr. Daniel B. Plumbley of Sunnydale Park appeared with reference to an encroachment on his property by a neighbor digging a canal. Mr. Plumbley was advised by Mr. Duncan this is a matter between him and his neighbor and does not affect the County.

advertising – bids

On a motion by Commr. Babb, seconded by Commr. Theus, the Clerk was authorized to advertise for bids for two addressograph machines for the Tax Collector. Bids to be received on January 6, 1964 at 10:00 a.m.

zoning

Mr. George Diffenderfer representing Mr. W. G. Wells appeared before the Board with reference to the development of approximately 350 acres south of Tavares on Lake Harris. Mr. Diffenderfer was advised it will be necessary for this development to be cleared with the Oklawaha Water Authority, the Planning and Zoning Commission, and the County Engineer before approval of this Board.

bonds – miscellaneous

The following Deputy Sheriff Bonds were approved by the Board:

Marcus L. Peters, Mount Dora

Edward Dempsey Albritton, Clermont

Paul S. Neeld, Leesburg

veterans service officer

On a motion by Commr. Babb, seconded by Commr. Cowart, the request of W. D. Thomas for leave for December 26, 27, 30, and 31 was approved by the Board.

roads – county

Chairman Dykes filed a petition signed by property owners requesting improvements to Farm to Market Road from Anderson Street in Clermont to the intersection of SR 561. Clerk Owens was instructed to advise these petitioners that District No. 3 has just spent $2,500 on this road and has no more money available for further improvements.

permits – dredging

Approval from the Game and Fresh Water Fish Commission for Irwin Cauthen to dredge in Lake Griffin subject to the following stipulations was filed:

1. No dredging will be done closer than 150 feet from shore or in water less than ten (10) feet deep at normal lake level.

2. There must be no cutting through of impermeable layers in the lake bottom.

3. Churning and disposition of silt into the water will be kept to a practical minimum.

permits – use

Engineer Hays filed a Use Permit to the City of Mount Dora for construction and maintenance of a 6” water main between Mount Dora and Tavares.

municipal corporations

A letter from the City of Eustis regarding the illumination of the Eustis Interchange at the intersection of SR 19 and 500 was submitted together with a recommendation and proposal from the Florida Power Corporation for lighting this interchange. Clerk Owens was instructed to write the City of Eustis advising them the County has no funds available for this project.

On a motion by Commr. Babb, seconded by Commr. Livingston, the Clerk was instructed to notify the City of Eustis that the Board will pay one-third (1/3) the cost for paving Gottsche Avenue from Grove Street east to Center Street. The motion carried.

roads – state

A resolution from the City of Eustis requesting the State Road Department to construct sidewalks along SR 19 through the City of Eustis was read, and on a motion by Commr. Babb, seconded by Commr. Livingston, the following resolution was adopted:

WHEREAS, the Board of County Commissioners is advised of the proposed construction of a four-laned highway beginning at the interchange between State Road 19 and State Road 500 south of the City of Eustis and extending northerly through the City of Eustis to the north City Limits thereof, a portion of which will be divided and will traverse separate streets within the City Limits of Eustis, and

WHEREAS, a large portion of the road will be within thickly populated and developed areas of the City of Eustis and will be used by pedestrians, as well as motor vehicles and other types of vehicles and that it will be a safeguard to pedestrians to provide sidewalks along such areas;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the State Road Department be requested to include in its plans for the construction of the four laned highway above described, sidewalks on each side of the highway, both when it is one unit and when it is divided, except where highways are already constructed, beginning at the south boundary of Section 14, Township 19 South, Range 26 East and continuing North and northerly through the City of Eustis to the north point where said road will intersect the North boundary of the City Limits, except that portion of the northbound lane which will pass through the “Fair Grounds.”

recess and reassembly

The meeting recessed for lunch at twelve o’clock noon and reassembled at 1:30 p.m. to take up the remaining items of business.

minutes

On a motion by Commr. Cowart, seconded by Commr. Livingston and carried, the minutes of the regular meetings as listed were approved by the Board:

September 3 and 9; October 7 and 14; November 4 and 12.

On a motion by Commr. Babb, seconded by Commr. Theus and carried, the minutes of the special meetings as listed were approved by the Board: October 21, 28, and 31.

tax assessments

Approval from the Comptroller’s Office authorizing refund of taxes for 1961 and 1962 to Mr. Ben Carmichael was filed; WHEREUPON, on a motion by Commr. Livingston, seconded by Commr. Babb and carried, Clerk Owens was authorized to issue a warrant to Mr. Carmichael for refund of 1961 and 1962 taxes in the amount of $44.50 an $45.51.

zoning

On the recommendation of the Zoning Commission, changes in zoning were approved on a motion by Commr. Babb, seconded by Commr. Theus and carried, and the following resolution adopted:

WHEREAS, the Lake County Planning and Zoning Commission did on the 27^th day of November, 1963, after due Notice of the Hearing, review applications for changes and revisions of the zoning of certain areas in Lake County and did approve certain changes as requested in the particular applications hereinafter set forth, subject to the approval of the Board of County Commissioners of Lake County; and the Board of County Commissioners having reviewed said applications and recommendations of the Lake County Planning & Zoning Commission;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the Zoning Rules and Regulations be altered and amended as they pertain to the following tracts of land to the Classification designated after each description:

1. The North 578.0 feet of the NE ¼ of the NW ¼ of Sec. 3, Tp. 19 S. R. 24 E., in Lake County, Florida, now classified and zoned as R-1-A (Residential), be, and the same is hereby amended, changed, and rezoned to Classification A (Agriculture).

2. The SW ¼ of NW ¼; and the NW ¼ of SW ¼ of Sect. 9, Tp. 19 S. R 24 E; and the SE ¼ of NE ¼, and the NE ¼ of SE ¼ of Sec. 8, Tp. 19S. R 24 E., in Lake County, Florida, now classified and zoned as A (Agriculture), be, and the same is amended, changed and rezoned to Classification R-1-A (Residential).

accounts refused

The request from the Eustis High School Band for $3,000 to help defray expenses to the World’s Fair in New York in 1964 was not approved.

accounts allowed

A motion by Commr. Babb, seconded by Commr. Livingston that $500 be advanced to the Clerk of the Circuit Court to pay State Trial Witnesses at the Fall Term of Court.

A motion by Commr. Theus, seconded by Commr. Babb that Requisition No. 3 from Val Rich Construction, Inc. In the amount of $80,483.00 be paid, provided Raybro Electric Supplies, Inc. is paid for supplies furnished by the sub-contractor.

On a motion by Commr. Cowart, seconded by Commr. Babb, annual assessment to the Florida Forest Service in the amount of $12,033.60 was approved.

On a motion by Commr. Babb, seconded by Commr. Livingston, a bill from East Central Florida Regional Planning Council in the amount of $7,400.00 was approved.

On a motion by Commr. Livingston, seconded by Commr. Cowart, the bill from C. E. Duncan in the amount of $250 for services rendered in the case of William A. Wiseman vs. Lake County was approved for payment by the State Road Department from secondary road funds.

On a motion by Commr. Cowart, seconded by Commr. Babb, a request from the Tax Collector for commissions on the tax roll in the amount of $22,392.27 was approved for payment.

roads

On a motion by Commr. Babb, seconded by Commr. Livingston and carried, the following resolution was adopted:

WHEREAS, the Board of County Commissioners of Lake County did on the day of August 1963, by a proper Resolution, agree to pay one-third but not to exceed the sum of Five Thousand ($5,000) Dollars in the cost of reconstructing the pavement on Umatilla Boulevard within the Town of Umatilla, and

WHEREAS, the Town of Umatilla has completed the repaving of said Boulevard at a cost in excess of Fifteen Thousand ($15,000) Dollars;

NOW, THEREFORE, BE IT RESOLVED BY THE Board of County Commissioners of Lake County, Florida, that in accordance with the former Resolution agreeing to the payment of said Five Thousand ($5,000) Dollars, the Clerk of the Board of County Commissioners be, and he is hereby authorized and directed to issue to the Town of Umatilla the sum of $5,000, to be applied upon the cost of paving Umatilla Boulevard within said Town of Umatilla.

oklawaha water authority

On a motion by Commr. Babb, seconded by Commr. Cowart and carried, the following bills were approved for payment by the Water Authority: Voucher Nos. 27-42

accounts allowed

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

GENERAL REVENUE FUND Nos. 191-369

ROAD AND BRIDGE FUND Nos. 148-261

FINE AND FORFEITURE FUND Nos. 19-42

MOSQUITO CONTROL STATE No. 2 Nos. 8-13

JUVENILE DETENTION HOME No. 2

CAPITAL OUTLAY RESERVE – COUNTY BLDGS. No. 2

CAPITAL OUTLAY RESERVE – HEALTH CLINIC No. 1

SOUTH LAKE MEMORIAL HOSPITAL Nos. 1-2

NORTHEAST LAKE COUNTY HOSPITAL DISTRICT Nos. 1-2

communications

A letter from the Florida Installment Land Sales Board re Lake County corporations was filed, and Clerk Owens was instructed to reply that the Board is unable to furnish the information requested.

A letter from the State Road Department to the County Judge re Speed Zone Restrictions was filed.

The minutes of the meeting of November 13, 1963 of the E. Central Florida Regional Planning Council was filed and a copy given to each member of the Board.

A report from the County Service Officer for the month of November was filed.

A report from the Planning & Zoning Dept. for the month of November was filed.

A report from the Welfare Director for the month of November was filed.

A report from the Commodity Supervisor for the month of November was filed.

There being no further business to bring before the Board, the meeting adjourned at 2:00 P.M.

___________________________________ ______________________________

CLERK CHAIRMAN