MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS on
MONDAY – OCTOBER 5, 1964
The Board of County Commissioners met in regular session in the Commissioners’ Room in the Courthouse at Tavares on Monday, October 5, 1964, at 10:00 o’clock A.M.
The meeting was called to order by the Chairman with the following being present: Chairman Babb, Commrs. Theus, Cowart, Dykes and Livingston; Attorney Duncan, Clerk Owens, Engineer Hays and Zoning Director Webb.
The invocation was given by Mr. Theus.
It now being the time advertised to receive bids on various items, the Chairman directed the Clerk to open the bids and the Engineer to tabulate same, whereupon, the Engineer reported receiving bids on the following items:
Crushed stone, crushed slag and Limerock
On motion of Commr. Cowart, seconded by Commr. Dykes and carried, the bids were referred to the Engineer for study and recommendation to the board. (See bids on file in the Clerk’s office).
Mr. Ed Zagar of the Game & Fresh Water Fish Commission appeared before the board with reference to rough fish eradication in Lake Griffin. Mr. Zagar advised they can carry out their program within the next ten to twelve days if the people want this done and money is no object. Members of the Board concurring, the Chairman stated the decision of this board today is that they are not willing to go along with this program, however, since we are not putting any money into this program we do not feel that we can ask you not to do it. Mr. Zagar said he would report to his Commissioners the outcome of this meeting and it will be up to them to decide.
Mr. Carl Smith of the U. S. Department of Agriculture appeared before the Board regarding the fire ant infestation in several Central Florida counties, including approximately 6,000 acres in the southeastern portion of Lake County. Mr. Smith stated the U. S. Department of Agriculture propose to carry out an eradication program and have agreed to pay two-thirds of the cost if the counties will pay one-third. Seminole, Orange and Volusia counties have agreed to participate on this basis.
Clerk Owens advised since the Board is not going to use the money appropriated for the rough fish program, this money could be used for the fire ant program. Whereupon, on motion of Commr. Dykes, seconded by Commr. Livingston and carried, the Clerk was authorized to transfer $1800.00 from the rough fish program to the fire ant program.
Clerk Owens submitted a letter from the Fish and Wildlife Service, Department of the Interior, requesting permission to purchase certain lands in Lake County for inclusion in the Lake Woodruff National Wildlife Refuge. On motion of Commr. Dykes, seconded by Commr. Cowart and carried, the Board adopted a resolution approving the inclusion of the following described lands in the Lake Woodruff National Wildlife Refuge:
All lands located between the St. Francis Dead River and the St. Johns River being as follows:
Township 17 South, range 29 East in Section 9, Lot 2; in section 10, Lot 2; in Section 16, Lot 2; in section 17, Lot 3.
right of way – roads
Mr. Hugh Hanna of the State Road Department appeared before the Board and advised that State Road 46 between Mount Plymouth and the Old Cassia Station is encroaching on Atlantic Coast Line property. Mr. Hanna further advised the railroad is willing to convey this strip of right of way, 9.63 acres, to the County for #335 per acre or a total of $3,370.00. Motion was made by Commr. Livingston, seconded by Commr. Dykes and carried, that the State Road Department be authorized to appraise the property and submit appraisal to the Board.
Attorney Duncan presented letter from the Atlantic Coast Line advising they have original of deed for purchase of right of way between Umatilla and Altoona and upon receipt of $2500.00, deed will be forthcoming, whereupon, on motion of Commr. Dykes, seconded by Commr. Livingston and carried, a resolution was adopted requesting the State Road Department to pay from the Secondary Road Funds the sum of $2500.00 payable to Atlantic Coast Line for right of way from North limits of Umatilla to Altoona, said sum to be available as soon as proceeds from the sale of bonds have been received.
Attorney Duncan submitted letter from the Seaboard Air Line Railroad regarding the County paying their share of the 1964 taxes on right of way purchased from the Tavares & Gulf Railroad between Clermont and Minneola. Motion by Commr. Dykes, seconded by Commr. Theus and carried, the Attorney was instructed to writ Seaboard that Lake County will pay their prorate share of the taxes.
On recommendation of the Engineer and on motion of Commr. Dykes, seconded by Commr. Livingston and carried, deed conveying the following described property to Lake County for right of way purposes was accepted and ordered recorded upon the public records:
GRANTOR: BROWN BUILDERS SUPPLY CO., INC.
Commence at the NE corner of the SE ¼ of the NE ¼ of Section 26, Township 19 South of Range 26 East, run thence West 30 feet, thence South 575 feet for point of beginning, said point being the West right of way line of Eudora road; run thence West 89°50’ West 900.4 feet, thence south 50 feet, thence East 900.4 feet, to a point on the West right of way line of Eudora Road, run thence North 50 feet to point of beginning.
roads - county
Motion by Commr. Dykes, seconded by Commr. Cowart and carried, a resolution was adopted whereby the County disclaims any interest in abandoned road described as follows, except as the same is included in State Road S-561 or is included in deed specifically conveying right of way to Lake County:
That certain public road located in sections 11 and 14, Township 22 South, Range 25 East, lying between the Easterly right of way line of State Road S-561-A and Lake Minneola, bounded on the North by a river connecting with Lake Minneola on the Northwest side, and bounded on the south by the South boundary of NW 1/4 of NW 1/4of Section 14, Township 22 South, Range 25 East.
Motion by Commr. Theus, seconded by Commr. Dykes and carried, the Attorney was authorized to file an answer to condemnation proceedings brought by the United State of America regarding land in Umatilla to be used for the Post Office, said answer advising that this Board has no claim since the land involved is in the City of Umatilla.
suits affecting county
Attorney Duncan advised he is in receipt of an opinion of one of the Judges of the District Court of Appeal whereby the decision of the lower Court in Chancery Case 17,627, Bert Gatch vs Lake County, is reversed and petition for rehearing denied.
The Attorney submitted letter from the Comptroller approving refund of taxes to P. G. Jeffcoat in the amount of $16.87 and refund to P. C. Gorman 1963 Tax Certificate #427 amount of $25.87 and 1964 Tax Certificate #350 amount $23.88. On motion of Commr. Theus, seconded by Commr. Cowart and carried, the Clerk was authorized to make these refunds.
The Clerk submitted letter from the Triangle Outboard Club requesting use of vacant building owned by the County situated on the Southeast side of Dead River Bridge. Letter states the Club will make repairs and improvements to the building at an approximate cost of $1,000 at no expense to the County for use of the building. Motion was made by Commr. Dykes, seconded by Commr. Livingston and carried, that the Attorney advise the Triangle Outboard Club they can use the building provided improvements are made as listed in their letter.
recess and reassembly
The meeting 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.
On presentation of petition of Harry H. Mielke and wife, Eleanor Mielke and Muriel A. Murphy, and on motion of Commr. Dykes, seconded by Commr. Cowart and carried, the Board adopted a resolution authorizing advertising for a public hearing to be held on November 2, 1964 of the intention to close a certain alley in Golden Heights Subdivision, as described below:
That certain alley located within Block 1 of Golden Heights, extending from Vincent Drive on the East, in a Westerly direction to Boyd Drive on the West.
Attorney Duncan presented proof of publication of notice of intention to close platted highways in El Benito Subdivision and there being no objections to the closing of said street, on motion of Commr. Livingston, seconded by Commr. Dykes and carried, a resolution was adopted to close streets described as follows:
All that part Calzada, lying North of the North Boundary of State Road 500; All of Dos Pasos, and the Prado lying between Dos Pasos;
ALSO: All that part of Alameda del Sur lying North of the North right of way line of State Road 500;
ALSO: The Parque lying between El Paso, Alameda del Sur, Dos Pasos and Alameda del Norte; and that part of the street around the Parque lying South of the North line of Lot 40 Extended, Southwest of the Parque; and also that part of the street lying south of the North line of the Parque, Extended, to the East and South of the Parque.
opinions - legal
Attorney Duncan read a letter addressed to him from the Attorney for the Board in Polk County with reference to the Attorney General’s opinion on bids on annual basis for surfacing roads. Letter advises that Polk County has been doing this for many years.
roads - state
The Clerk submitted a letter from the State Road Department advising that State Road S-452 has been abandoned from the State Highway System. Map showing the section of this road which has been abandoned was filed with the letter.
The clerk submitted a letter and report for filing from the Chairman of the Florida Turnpike Authority with reference to request of this Board that access road and ramp be constructed at the interchange of Sunshine State Parkway and State Road 25. Report does not recommend the addition of ramp at this time.
Clerk Owens reported he has been notified by the State Road Department that notice for taking bids on State Road 19 through Umatilla will be advertised October 20, 1964.
List of county property as prepared by the Tax Assessor was referred to the Engineer. Commr. Livingston submitted appraisal prepared by Donald L. Driggers on the county owned property in Belleaux Estates, aka Joanna Park. Opinion of the appraiser listed the value of Parcel #1 as $5,250 and Parcel #2 as $2,400.
The Clerk submitted letter from the Engineer of the Florida State Board of Health in which he advises that as of September 16th the water system of the Springs Bath & Yacht Club has not been accepted as satisfactory by the State Health Department.
It now being 2:00 o’clock P.M., the time advertised to receive bids on various items, the Chairman directed the Clerk to open the bids and the Engineer to tabulate same, whereupon the Engineer reported receiving bids on the following items:
Metal corrugated pipe in various sizes
Aluminum corrugated pipe in various sizes
Gasoline and diesel fuel
On motion of Commr. Cowart, seconded by Commr. Theus and carried, the bids were referred to the Engineer for study and recommendation to the Board. (See bids on file in Clerk’s Office).
R. G. Cassady, Tax Assessor, appeared at the request of the board and explained his policy of assessing lots in subdivisions as they are filed. Mr. Cassady informed the Board that the developers are allowed a discount until they sell 60 percent of the lots and there is invariably an increase in their taxes. Mr. Cassaday stated that all the developers understand his policy.
The Zoning Director reported he has been unable to get house trailer removed from property on Lake Eustis Drive while residence is being erected. The Chairman instructed the Attorney to write David Tindell that permit for trailer on the property has expired and same must be removed in accordance with the Zoning Rules and Regulations.
Mr. Webb stated we still do not have appointments to the board of Zoning Appeals for District 2 and 5. Chairman Babb and Commr. Cowart said they are working on this.
licenses & permits
On motion of Commr. Livingston, seconded by Commr. Cowart, bonds for carrying firearms were approved by the Board for the following:
Roy Ledford, WM. Chew, Abe T. Gaskins and Melvin L. Williams
On motion of Commr. Dykes, seconded by Commr. Livingston, dredging permit was approved for Joe Andrews to pump fill for Virgil W. Fletcher from Little Lake Harris.
The Engineer filed use permit to Florida Gas Transmission Company for the construction and maintenance of gas line on County Road #5 – 7581 and State Road 44-A.
On motion of Commr. Theus, seconded by Commr. Dykes, the action of the chairman and Clerk in approving application for the following to the Southwest Florida Tuberculosis Hospital was approved:
Wellington Gaitor and Lettie Grace Grye
Notices from the hospital that the following listed patients had been released with medical advice was filed:
James Wesley Brown - 9/11/64
Antoin Labroier - 9/22/64
Frances Bailey - 9/26/14
Affidavits of R. G. Cassady, Tax Assessor certifying the intangible personal property assessment roll and real and tangible personal property were approved and signed by the members on motion of Commr. Dykes, seconded by Commr. Cowart, and the Clerk was instructed to record the warrant to the Tax Collector in the minutes of this meeting as follows:
TO PAUL H. REED, TAX COLLECTOR OF THE COUNTY OF LAKE
You are hereby commanded to collect out of the real estate and personal property, and from each of the persons and corporations named in the annexed roll, the taxes set down in each roll opposite each name, corporation or parcel of land therein described, and in case taxes so imposed are not paid at the time prescribed by law, you are to collect the same by levy and sale of the goods and chattels, lands and tenements so assessed, or of the person or corporation so taxed; and you are to pay to the legally qualified Depository all sums collected for County Taxes, district school taxes and other special taxes; and you are further requested to make all collections on or before the first Monday in April; and on or before the first Monday in July you will make a final report to and settlement with the Comptroller and County Commissioners.
Given under my hand and seal this the 29th day of September in the year A. D. 1964.
/s/ R. G. Cassaday
Assessor of Taxes Lake County
The Clerk submitted letter from the Agricultural Experiment Stations regarding previous correspondence relative to proposed soil survey for the County. Members of the Board concurring, the Chairman referred this matter to the Attorney for recommendation to the Board.
Letter from Yeagey & Yeagey regarding repairs to road was referred to Commr. Dykes.
Commr. Livingston submitted the name of James F. Ryan to be added to the list of appraisers. Attorney Duncan was instructed to forward his name to the State Road Department.
Clerk Owens submitted for filing copy of program to be printed for the dedication ceremonies on October 15, 1964.
The Clerk submitted letter from Giffen Industries, Inc. regarding balance of $761.00 due them by Val Rich Construction, Inc., also letter from George Doro Fixture Company regarding balance of $9,874.11. The Clerk was instructed to forward copy of this letter to the Architect for handling.
Copies of letters to the Architect from Ernest C. Aulls, Jr., Attorney, regarding account due Lake County Concrete Company and letter from Pittsburgh Plate Glass Company regarding their unpaid balances were read and filed.
resolutions - not classified elsewhere
On motion of Commr. Dykes, seconded by Commr. Livingston and carried, a resolution was adopted delegating the reservation of the Courtrooms in the Lake County Courthouse, except for use by the respective Judges for Court purposes, to the Board of County Commissioners and further that no smoking be permitted in said Courtrooms.
Commr. Theus reported on the County Commissioners conference and advised that Engineer Hays was elected Vice President of the State Association of Engineers; and Zoning Director Webb was elected secretary and treasurer of the State Association of County Planning & Zoning Directors.
road & bridge
The Engineer reported on meeting with the dealers with reference to specifications on bulldozer. After discussing this at length, the Board deferred action on this until a later date.
The Engineer discussed his proposal on keeping a cost analysis sheet on all equipment. No action taken on this.
On recommendation of the engineer and on motion of Commr. Dykes, seconded by Commr. Livingston and carried, the low bid of Tri-City Chrysler-Plymouth Company for 1965 compact sedan with automatic transmission at a cost of $1,830.26 was accepted.
On motion of Commr. Cowart, seconded by Commr. Theus and carried, the Board agreed to reimburse R. E. Norris, Agricultural Agent, to attend State Horticultural Society meeting in Miami on November 3 - 6th.
Requisition from the Clerk of the Court for $500 advance to pay State Trial Witnesses at the Fall Term of court was approved on motion of Commr. Dykes, seconded by Commr. Livingston and carried.
Motion by Commr. Livingston, seconded by Commr. Dykes and carried, the action of the Clerk in having absentee ballots printed in the amount of 4179.00 - Eustis News - was approved.
Request of the Juvenile Judge for the Juvenile Shelton Matrol and superintendent to attend State Meeting of Superintendents of Juvenile Homes in Jacksonville on October 8th and 9th was approved on motion of Commr. Dykes, seconded by Commr. Cowart.
Motion by Commr. Theus, seconded by Commr. Cowart and carried, the Clerk was authorized to issue warrant in December to the Florida Board of Forestry for fire control assessment for 1964-65 in the amount of $12,033.60.
On motion of Commr. Theus, seconded by Commr. Cowart and carried, the Clerk, secretary and two finance officers were authorized to attend County Finance Officers meeting in Palm Beach on October 15, 16 and 17th.
Motion by Commr. Cowart, seconded by Commr. Livingston and carried, the Zoning Director was authorized to attend meeting in Titusville – Design Alternatives Coordinating Conference – October 12th and 13th.
On motion of Commr. Livingston, seconded by Commr. Dykes and carried, the contract balance of $236.57 due Empire Petroleum company caused by error in billing was approved.
Motion by Commr. Theus, seconded by Commr. Dykes, statement from T. O. Moorhead in the amount of $625.00 for preparing section maps was approved.
Requisition from the Sheriff in the amount of $22,100.00 was approved on motion of Commr. Dykes, seconded by Commr. Cowart and carried.
On motion of Commr. Dykes, seconded by Commr. Livingston and carried, the payrolls for the month of September were approved.
On motion of Commr. Theus, seconded by Commr. Cowart and carried, the following vouchers were approved for payment:
General Revenue Fund - Nos. 2125 - 2356
Mosquito Control - State #2 - Nos. 75 - 85
Fine & Forfeiture Fund - Nos. 205 - 225
Road and Bridge Fund - Nos. 1490 - 1642
Capital Outlay Reserve – Agricultural Building -
Capital Outlay Reserve – County Buildings - Nos. 21 - 23
Bond Interest and Sinking Fund – County Bldgs. - Nos. 4
Request of the Small Claims Court for glass top for table in hearing room was deferred until prices for same are submitted.
Letter of appreciation from A. H. Ashford for repairs to road was read and filed.
Letter of appreciation from Mount Dora High School for work the prison crew did on the school athletic field was read and filed.
Letter of appreciation from the City of Umatilla for having the prison crew remove dead fish from Lake Enola was read and filed.
Letter from Dadeland Dodge, Inc., Miami, with reference to bidding on county trucks was filed.
Two letters from State Board of Health regarding Tavares Mobile Park were filed.
Letter from State Board of Health regarding sewage plant City of Umatilla was filed.
County Judge’s Fines & Forfeitures and Cost report for September was filed.
Report of the Planning, Zoning & Building Department for September was filed.
Report of Surplus Commodity Warehouse for September was filed.
Report of the county Service Officer for September was filed.
Florida Division of Corrections reports on County Jail and Stockade and Road Prison No. 58 were filed.
There being no further business to bring before the Board, the meeting adjourned at 4:30 P.M.