MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
MONDAY – JUNE 8, 1964
The Board of County Commissioners met in regular session in the Pioneer Building at Tavares on Monday, June 8, 1964, at 10:00 o’clock A.M. with the following present:
Chairman Babb, Commrs. Theus, Cowart, Dykes: Attorney Duncan, Clerk Owens, Engineer Hays and Zoning Director Webb.
The meeting was called to order by the Chairman and the invocation was given by Mr. Theus.
indigent list
On motion of Commr. Dykes seconded by Commr. Cowart and carried, the following change was approved to the present indigent list:
DISTRICT NOS. 1, 2, 4 AND 5 – NO CHANGE
DISTRICT NO. 3 – DELETE Jack Marshall - $45.00
road maintenance – Subdivisions
Mr. J. C. Schlauder appeared with reference to Resolution adopted by the Board on May 11th regarding payment of assessments by owners in Three Lakes Subdivision. Mr. Schlauder said the owners were under the impression they would have ten years in which to pay off the indebtedness but the Resolution reads five years.
On motion of Commr. Dykes seconded by Commr. Cowart and carried, a Resolution was adopted amending the previous Resolution allowing the owners ten years in which to pay the assessments.
Mr. Schlauder further stated that he was willing to put up the money necessary to pay the cost of paving with the understanding that when the Certificates against the respective lots in said Subdivisions are issued, they would be assigned to him as security for the monies advanced for the cost of paving.
After some discussion as to the method of making such deposit in the manner in which the money could be handled in the future, Commissioner Cowart moved that the Clerk of the Board be authorized to accept from Mr. Schlauder a sum sufficient to pay the contractor over and above the amount of special assessments that will be paid by property owners; that the Clerk be authorized to issue checks on said deposit for the payment of the costs as particularly set forth in the Resolutions heretofore adopted pertaining to said Subdivisions; that Special Assessments collected by the Tax Collector under the Special Assessment Roll prepared by him for the enforcement of the payment of liens for special assessments, be paid over to the Clerk, to be credited on said Certificates; and that the Clerk account to Mr. Schlauder monthly for all payments made under said special assessment liens, and pay such sums as have been paid to Mr. Schlauder, provided that if no payments are made in any particular month, no report shall be made. And further in accordance with the understanding with Mr. Schlauder, the Certificates shall be redeemable at any time upon the payment of the principal secured thereby, plus interest to date of payment, without penalty. Motion was seconded by Commr. Dykes and unanimously carried and the Chairman and Clerk were authorized to execute the contract with Macasphalt Corp.
ROADS – COUNTY
Mr. Harry Murphey of Umatilla submitted petition signed by 146 property owners requesting the County to extend the Saltsdale Road to SR 439. Mr. Hall, school bus driver, appeared in behalf of the petition. On motion of Commr. Theus seconded by Commr. Dykes and carried, the Attorney was authorized to contact Zera Giles and Dr. Bowen to see if they will go along with the rest of the owners along the road in granting rights of way so the road can be surfaced.
plats
L. E. Brown, County Prosecutor, appeared before the Board and stated he has been advised that the plat of Astor Forest Campsites has not been recorded and the corporation is selling lots in this proposed subdivision and there is a health problem involved inasmuch as the land does not meet the State percolation tests. Zoning Director Webb advised the lots are one thousand feet back from the road and are outside the jurisdiction of the Zoning Commission.
On recommendation of Attorney Duncan and on motion of Commr. Dykes, seconded by Commr. Cowart and carried, the Prosecutor was authorized to investigate the alleged violation and if true to enjoin the developers from further sales of land.
plats
Mr. Martin Granholm and Mr. Amend appeared and presented plat of Springs Bath and Yacht Club Unit #4, owners Springs Harbor Corp. Letter from the State Board of Health regarding the water system was read by Attorney Duncan and also letter from Mr. Granholm advising that if the water conditions are not corrected in 45 days he will drill a new well at a different location. Letter from the County Engineer recommending the subdivision for septic tank type sewage disposal subject to approval by the Florida State Board of Health was filed. Title opinion from Lake Abstract & Guaranty Company stating that the title is clear subject to partial release of mortgage was filed.
Attorney Duncan said there are seven lots involved and the streets are within the requirements of the statutes and they connect with existing access road.
On motion by Commr. Cowart seconded by Commr. Dykes and carried, the plat was approved subject to $5,000.00 bond to assure the State Board of Health a new well will be drilled if the present conditions are not corrected.
Mr. Duncan further stated the Zoning Director advises that the lots do comply with the zoning law and the certificate on the plat will be signed by the Zoning Director.
rights of way
Mr. Duncan stated he has a letter from the Seaboard Railroad Company concerning the T & G Railroad Company right of way between Minneola and Clermont to which was attached a form of deed. The deed seems to be in good form but will require more careful alignment and most likely will necessitate a suit to clear the title. Motion was made by Commr. Dykes seconded by Commr. Theus and carried, that the deed be approved and the Engineer was instructed to make a survey of this and give the information to the Attorney.
bonds – roads
On recommendation of the Attorney and on motion of Commr. Theus seconded by Commr. Dykes and carried, a Resolution was adopted requesting the Florida Development Commission to finance a highway improvement project by a bond issue in the amount of $1,600,000.
recreational facilities
Attorney Duncan stated he has a letter from the State Board of Health in which they advise they will be happy to meet with this Board regarding conditions in Lake Apopka. Mr. Duncan was instructed to write them to appear before the Board at the next regular meeting (July 6th).
complaints
Commr. Dykes stated with reference to posting speed limit signs in the canals in Venetian Village he has found that the canals have not been dedicated to the public. Attorney Duncan recommended that this matter be turned over to the Oklawaha Water Authority or have the owners dedicate the canals to the public.
road closings
On motion of Commr. Dykes seconded by Commr. Theus and carried, the Board adopted a Resolution authorizing advertising for a public hearing to be held on July 5, 1964, at 10:00 A.M. to vacate, abandon and close a portion of Cardinal Drive described as follows:
Begin at the Southwest corner of the NE ¼ of SW ¼ of NE ¼ of Section 12, Township 19 South, Range 26 East, run thence North 661 feet, thence East 16.18 feet to the point of beginning for this tract, thence run South 89°49’ East 40 feet to an iron pin, thence run North 0°52’ East 150.48 feet, thence South 15°30’ West 158.5 feet to the point of beginning.
railroads
On motion of Commr. Dykes seconded by Commr. Theus and carried, Attorney Duncan was instructed to request the Seaboard Railroad Company to complete the crossing at Dead River.
Commr. Dykes requested Attorney Duncan to write the Atlantic Coast Line Railroad again about establishing the public crossing at Clergrove.
condemnation proceedings
Clerk Owens advised that the Order of Taking has been signed by the Circuit Judge in the suit involving SR 25 and SR 50 and check has been received from the State Road Department; also, Order of Taking has been signed in the suit involving SR 44 and check was received this morning.
roads – state
Clerk Owens submitted letter from the State Road Department advising of the abandonment by them of old SR 44 due to relocation of the road, whereupon, on motion of Commr. Dykes, seconded by Commr. Theus and carried, a Resolution was adopted requesting the State Road Department to place old SR 44 under secondary road maintenance.
county employees
Clerk Owens advised that Mrs. Geraldine Seiler’s mileage statements do not substantiate her mileage payments; whereupon, motion was made by Commr. Theus seconded by Commr. Dykes and carried, authorizing the Clerk to deduct from Mrs. Seiler’s salary the difference allowed her for travel and what she actually reported as mileage travelled from July 1, 1963 through March 31, 1964.
Clerk Owens advised the members that on April 13th action on the vacation and sick leave program as prepared by the County Engineer was postponed. Are we going to put same into effect on July 1st? The members concurring, Chairman Babb stated we will continue operating as we have in the past and in the event of sickness each case will be handled individually by the department heads.
inventory
Letter from Helen V. Schieber offering $5.00 for typewriter table No. 583 was read and action deferred on this until the remodeling of the Courthouse is complete.
bids
Motion was made by Commr. Theus seconded by Commr. Dykes and carried, authorizing the painting and caulking of the Lake Memorial Nursing Home. Bids to be received July 13th at 10:00 a.m.
recess and reassembly
The Board recessed for lunch at 12:00 noon and reconvened at 1:30 o’clock P.M. to take up the remaining items of business.
industrial and tourism commission
Mr. George Daugherty and Mr. Fred Camper appeared at the request of the Board and submitted budget request for the year 1964-65. Chairman Babb advised these gentlemen their request will be considered. Later in the day, motion was made by Commr. Theus seconded by Commr. Cowart and carried, that $2500.00 be set up in the 1964-65 budget for the Industrial and Tourism Commission.
zoning
On recommendation of the Planning & Zoning Commission and on motion of Commr. Dykes seconded by Commr. Theus and carried, a Resolution was adopted amending the Zoning Rules and Regulations of Lake County as they pertain to the following described tracts of lands to the classifications designated after each description:
1. Lots 30, 31, 45 and 46 according to Bert’s Subdivision, as recorded in Plat Book 16, Page 18, public records of Lake County, Florida; now classified and zoned as R-1-A (Residential), be, and the same is hereby amended, changed and rezoned to Classification R-2 (Residential with Mobile Homes Special Exceptions).
2. S ¼ of Sec. 24, Tp. 19 S. R. 27 E.; the W ½ of Sec. 25, Tp. 19 S. R. 27 E.; N ½ of NE ¼ of Sec. 25, Tp. 19 S. R. 27 E.; S ½ of SW 1/4 of Sec. 19, Tp. 19 S. R. 28 E.; SW ¼ of SE ¼ of Sec. 19, Tp. 19 S. R. 28 E.; N ½ of NW ¼ of Sec. 30, Tp. 19 S. R. 28 E.; and W ½ of NE ¼ of Sec. 30, Tp. 19 S.R. 28 E.; now classified and zoned as R-1 (Residential), be, and the same is hereby amended, changed and rezoned to Classification A (Agriculture).
3. Begin 945 feet South and 66 feet East of Northwest corner of Sec. 12, Tp. 19 S., R. 25 E., run thence South 935 feet, thence East 234 feet, thence North 935 feet, thence West 234 feet to the point of beginning; Also begin 945 feet South and 300 feet East of the Northwest corner of said Sec. 12, run thence East 200 feet, thence South to the Canal, thence Westerly along the Canal to a point South of the point of beginning, thence North to the point of beginning; Also a two acre artificial Island in said Section 12, lying Westerly of the above described tracts; now classified and zoned as R-1 (Residential), be, and the same is hereby amended, changed and rezoned to Classification R-1 (Residential, including Mobile Home Special Exemptions).
4. Lot 37 in West Shore, a subdivision in Lake County, Florida, according to the plat thereof recorded in Plat Book 13, Page 69, Public Records of Lake County, Florida, LESS that part thereof described as follows: Begin at the most westerly corner of said Lot 37, run thence North 48°08’ East along the northwesterly line of said Lot 37, a distance of 176.10 feet; thence South 41°52’ East 100 feet; thence South 48°08 West 176.10 feet to the most Easterly corner of Lot 36 in said West Shore; thence North 41°52’ West 100 feet to the point of beginning; AND ALSO LESS: From the Northeast corner of said Lot 37 run South 0°10’ West along the East line of said Lot 37 a distance of 313.40 feet to the point of beginning, run thence South 0°10’ West 187.90 feet to the southeasterly corner of said Lot 37; thence South 57°55’ West along the Southeasterly line of said Lot 37 a distance of 208.73 feet; thence North 89°50’ West along the South line of said Lot 37 a distance of 155.53 feet; thence North 48°08’ East 447.00 feet to the point of beginning; now classified and zoned as A (Agriculture), be, and the same is hereby amended, changed and rezoned to Classification M-1 (Manufacturing – to continue manufacture of Mobile Homes).
Letter from Wm. M. Patterson objecting to the reclassification of the last amendment was read and filed.
planning & zoning
At the request of the Board, Mr. Gerald Dake of George W. Simons, Jr., Planning Consulting firm, appeared and gave an outline of their recommendations of a 24 month program at an approximate cost of $23,500. Mr. Dake said they would have from one to four men working on this program. No action was taken on this and Mr. Dake was advised that the Board will hear from other consulting firms before making a decision.
appraisers
Chairman Babb advised he and Commr. Livingston recommend that Don Driggers and Emery Dillard be appointed appraisers on SR 44, east of the City of Eustis to LaRoe’s Corner and Clerk Owens was instructed to advise the right of way agent with the State Road Department in DeLand by telephone that the Board requests that Mr. Driggers and Mr. Dillard be appointed appraisers for acquiring right of way on this road.
permit – gun
On motion of Commr. Theus seconded by Commr. Dykes and carried, bonds for permits to carry firearm were approved for James T. Glenn and A. B. Bauknight.
permit – dredging
The secretary submitted dredging permit approval form as prepared by the Engineer and same was approved by the Board.
tax valuation & equalization
On motion of Commr. Dykes seconded by Commr. Theus and carried, Clerk Owens was authorized to prepare notice to advertise Equalization Board meeting for August 3, 1964; and also to prepare notice to receive tax valuations from the Tax Assessor.
indigents
On motion of Commr. Dykes seconded by Commr. Cowart and carried, the Board agreed to increase burial expenses of adult indigent persons from $150.00 to $200.00 effective October 1, 1964.
courthouse
Clerk Owens and Commr. Dykes were authorized to inspect and purchase heavy duty vacuum cleaner, buffer and polisher for use by the Courthouse Custodian.
On motion of Commr. Dykes seconded by Commr. Cowart and carried, bill from Val Rich Construction, Inc. in the amount of $629.53 for moving County Judge’s office from first floor to third floor was approved for payment out of the General Revenue Fund.
On motion by Commr. Dykes seconded by Commr. Cowart and carried, Change Order No. 9 was approved directing the contractor to leave the toilet in the Commissioners’ Room and provide new plumbing fixtures, tile floor and door. Approximate amount $750.00.
accounts allowed
Motion by Commr. Dykes seconded by Commr. Theus and carried, request from the Juvenile Judge for payment of annual dues in the amount of $10.00 to Florida Group Child Care Assn., Inc. was approved.
On motion of Commr. Dykes seconded by Commr. Theus and carried, the Board authorized the purchase of two deep freezers for the Surplus Commodity Warehouse in the amount of $562.00, in lieu of freezers authorized at the last meeting.
Request from the Small Claims Court to purchase one (1) eight roller shelf unit from Leesburg Typewriter Service at a cost of $62.20 was approved on motion by Commr. Theus seconded by Commr. Dykes and carried.
On motion of Commr. Theus seconded by Commr. Cowart and carried, the Engineer was authorized to purchase a reduced set of prints of subdivisions in the County at a cost of $125.00 from J. M. Smedley, Deland.
On motion of Commr. Cowart seconded by Commr. Theus and carried, electric water cooler for the Agricultural Center at an approximate cost of $248.50 was approved.
Motion by Commr. Theus seconded by Commr. Cowart and carried, expenses for Doris Babb to attend County Finance Officers’ meeting in Fort Lauderdale on June 18, 19 and 20th were approved.
Motion by Commr. Dykes seconded by Commr. Theus and carried, the following voucher numbers were approved for payment:
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General Fund |
Nos. 1313 – 1486 |
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Mosquito Control – State # 2 |
47 – 52 |
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Fine & Forfeiture |
127 – 147 |
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Road Bridge |
948 – 1082 |
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Capital Outlay Reserve – Agricultural Building |
0 |
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Capital Outlay Reserve – County Buildings |
11 – 12 |
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South Lake Memorial Hospital |
6 – 7 |
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Northeast Lake County Hospital |
6 - 8 |
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oklawaha
Upon motion of Commr. Dykes seconded by Commr. Theus and carried, the following vouchers were approved for payment by the Oklawaha Water Authority.
Voucher Nos. 137 – 150
county depositories
On motion of Commr. Theus seconded by Commr. Dykes and carried, County Depositories for the year 1964-65 were designated the same as last year.
communications
1. Letter from the Clermont Garden Club endorsing the six tracts of lands proposed by the South Lake Waterways Club for recreational areas was filed.
2. Letter from National Assn. of Counties advising that six months free subscription to its publication was being forwarded to the Board.
3. Executed copy of Agreement between the County and the State Road Department regarding advance of $400,000 for the cost of right of way on SR 25 and SR 50 at Clermont was filed.
reports
Report from Zoning Department for May was filed.
Welfare Department report for May was filed.
Special Report from County Agent and assistants for May was filed.
Report of Regular Meeting of the E. Central Florida Regional Planning Council was filed and copy given to each member.
There being no further business to bring before the Board, the meeting adjourned at 3:15 o’clock P.M.
___________________________________ ______________________________
CLERK CHAIRMAN