MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
MONDAY – FEBRUARY 8, 1965
The Board of County Commissioners met in regular session in the Commissioners’ Room in the Courthouse at Tavares on Monday, February 8, 1965, at 10:00 o’clock A.M. with the following present: Chairman Livingston, Commrs. Theus, Cowart, Dykes and Babb; Clerk Owens, Attorney Duncan, County Engineer Hays and Zoning Director Webb.
The meeting was called to order by the Chairman and the invocation was given by Mr. Webb.
On motion of Commr. Theus seconded by Commr. Cowart and carried, the minutes of the regular meetings on January 4th and 11th were approved as submitted.
On motion of Commr. Dykes seconded by Commr. Cowart and carried, the minutes of the special meeting on January 5th were approved as submitted.
On motion of Commr. Theus seconded by Commr. Cowart and carried, the following changes were approved to the present indigent list:
DISTRICT NO. 1 - ADD Mrs. Gladys Johnson - $40.00
DISTRICT NO. 2 - ADD Bonnie Louise Cooper - $20.00
J. L. Mooney - $30.00
Helen Trowell - $20.00
James Clack - $40.00
DELETE Eugene Purdy - $30.00
Hannah Norgren - $40.00
DISTRICT NOS. 3, 4, & 5 NO CHANGE
It now being the time advertised to receive bids for office furnishings and surgical equipment for the Clermont Health Center, the Chairman directed the Clerk to open the bids and the Engineer to tabulate same, whereupon, the Clerk reported receiving bids from the following:
Southern Printing Company
F & R Office Supply Company
Bishop Office Supply Company
Girl Friday Supply Company
Anderson Surgical Supply Company
Medical Supply Company
On motion of Commr. Dykes seconded by Commr. Babb and carried, the bids were referred to the Engineer and Dr. Hall for study and recommendation to the Board.
Noel Griffin, Jr. appeared in behalf of his father with reference to easement granted to Lake County for a drainage ditch which is no longer serving its purpose and request release of same. On motion of Commr. Babb seconded by Commr. Dykes, the Board adopted a Resolution authorizing the Chairman and Clerk to execute release of easement in favor of Noel E. Griffin, Sr. Said easement being described as follows:
The South 30 feet of the East 1173.5 feet of the southeast Quarter of the Southeast Quarter of Sec. 17, Tp. 19 S, R. 27 E.
The South 30 feet of the West 714.5 feet of the Southwest Quarter of Sec. 16, Tp. 19 S., R. 27 E.
Petition being filed for the closing of prescriptive road, motion was made by Commr. Babb seconded by Commr. Theus and carried, a Resolution was adopted authorizing the advertising for a public hearing to be held on March 1st to close the following described road:
The East fifteen (15’) feet of the West forty-five (45’) feet of that portion of the Atlantic Coastline Railroad Company right of way lying East and contiguous to Lots 34, 33, 32, 31 and the South twenty (20’) feet of Lot 30, Block A, according to the plat of Pittman, which plat is recorded in the Public Record of Lake County, Fla.
Mr. Wm. J. Mizell appeared objecting to this petition and he was advised objections will be heard on March 1st at 11 o’clock A.M.
Chairman Livingston presented a petition for the closing of the unnamed parkway bordering Lake Eldorado and adjoining certain lots in the Subdivision designated as Eldorado Heights. He also stated that attached to the petition is another petition, although improperly drawn, was intended to accomplish the same purpose as set forth in the petition, that he has talked with these parties and it was the intention when signing the petition that said parkway be closed and requested that the original petition and the petition attached thereto be accepted as one petition. On motion of Commr. Dykes seconded by Commr. Cowart and carried, a Resolution was adopted authorizing the advertising of public hearing to close the following described streets; said hearing to be held on March 8th:
AN UNNAMED STREET, as shown on the Plat of Eldorado Heights as filed and recorded in the public records of Lake County, Florida, in Plat Book 3, page 7, more particularly described as follows:
Commence at the Southwest corner of Lot 151 of said Plat of Eldorado Heights, thence run North along the West boundary of Lot 151 to Lake Eldorado. Begin again at the point of beginning, and run thence Southwesterly to the Southeast corner of Lot 152 of said Eldorado Heights, thence run North along the East boundary of Lot 152 to Lake Eldorado, thence run Northeasterly along the waters of Lake Eldorado to intersect the East boundary of this tract.
ALSO: THE UNNAMED STREET or parkway as shown by the plat of Eldorado Heights, appearing in Plat Book 3, Page 7, public records of Lake County, Florida, located between the Northerly and Westerly boundaries of the following described Lots in Eldorado Heights, to-wit: Los 119 through 155 inclusive, and the waters of Lake Eldorado.
road maintenance – subdivisions
Mr. Earle Funkhouser appeared and presented petition signed by property owners in Milky Way Subdivision requesting the resurfacing of streets in this subdivision in accordance with Chapter 63-1505, Florida Statutes. On recommendation of the Attorney and on motion of Commr. Babb seconded by Commr. Dykes, the Board adopted a Resolution accepting the petition and authorizing the advertising for bids to be received on March 8, 1965 at 10 o’clock A.M.
Mr. Emery Dillard appeared and requested recommendation from this Board to the Southwest Florida Water Management District regarding being appointed as an appraiser for them. On motion of Commr. Theus seconded by Commr. Dykes and carried, the Attorney was instructed to write letter of recommendation to the Southwest citing Mr. Dillard’s qualifications.
Mr. Howell Hopson appeared with reference to settlement with the contractor on the Courthouse remodeling job. Clerk Owens reported that Harper Plumbing Company is to notify him when and if they accept mortgage from the contractor in the approximate amount of $24,000. On recommendation of Mr. Hopson and on motion of Commr. Babb seconded by Commr. Theus and carried, the Clerk was authorized to issue checks payable jointly to the contractor and the subcontractor and the subcontractor or creditor in the event Harper accepts mortgage and checks to be endorsed by Val Rich in the Clerk’s Office and released to the subcontractor or creditor upon receipt of release of lien from each creditor.
On motion of Commr. Theus seconded by Commr. Dykes and carried, the Architect was directed to have necessary conduit installed for the installation of two public telephone booths in the lobby.
On motion of Commr. Babb seconded by Commr. Dykes and carried, the Architect was directed to have Barber Terrazzo Corp. of Leesburg install Torginol on the steps at the back door of the Courthouse on a trial basis at no cost to the County.
Mr. Hopson submitted plans for an addition to the Courthouse annex which have been approved by the Tax Assessor and Tax Collector, whereupon, on motion of Commr. Dykes seconded by Commr. Babb and carried, the plans as submitted were accepted and approved and authorized advertising for bids for March 8th at 10 o’clock A.M.
committee – county judge
Commr. Dykes presented written recommendation of the special committee appointed to study the necessity of an additional County Judge stating it is the opinion of this Committee that there is a need for an additional County Judge. Whereupon, motion was made by Commr. Babb seconded by Commr. Dykes and carried, that this Board abide by the decision of the Special Committee and the Attorney was instructed to prepare the necessary legislation to accomplish this.
roads – state
Mr. Hugh Hanna of the State Road Department appeared and advised that the proposed improvements on State Road 19 through Eustis has been assigned a Federal Aid Number necessitating a public hearing and requested date and place of hearing. On motion of Commr. Babb seconded by Commr. Dykes and carried, the hearing was set for March 3rd in the City Commissioners’ Room in Eustis City Hall at 2 o’clock P.M.
resolutions not classified elsewhere
Motion by Commr. Theus seconded by Commr. Dykes and carried, a Resolution was adopted expressing this Board’s sorrow in the tragic death of Claude H. Moore, Mayor of the City of Leesburg.
recess and reassembly
The Board recessed for lunch at twelve o’clock noon and reconvened at 1:30 o’clock P.M. to take up the remaining items of business.
Judge Milton and Dr. Klar, Chairman of the Board of Visitors of the Juvenile Home, appeared with reference to proposed building on the lot next to the Juvenile Home to be occupied by the Engineering and Zoning Departments. Judge Milton said they feel this property should be held for the expansion of the Home. Chairman Livingston appointed Commrs. Theus and Dykes as a Committee to study this problem and bring their recommendations to the Board.
Norman Lain and Terrell Davis of the Florida Forest Service appeared with reference to office space allocated to them in the building which will be demolished if new building is erected on the site. Mr. Lain said they would like to be located near the Courthouse. Chairman Livingston asked Commrs. Theus and Dykes to include this problem in their study of the allocation of space for the Juvenile and Engineering Department.
It now being the time advertised to hold a public hearing to consider proposed amendments to the Zoning Regulations, the Chairman called for interested persons to be heard at this time. Clerk Owens submitted letter from Burton Brown, Member of Board of Public Instruction, urging the adoption of the amendment regarding alcoholic beverages. There being no objections or complaints, Commr. Dykes moved for the adoption of a Resolution amending the Zoning Regulations as follows, motions seconded by Commr. Theus and carried:
1. GENERAL PROVISIONS AND EXCEPTIONS, SECTION XII, PARAGRAPH 5, lines 80 and 81, are amended by deleting:
“Plumbing shall be governed by the Sanitary Code of the State of Florida,” and inserting in lieu thereof the following: “Plumbing shall be governed by Part Three of the Southern Standard Building Code (Plumbing).”
2. GENERAL PROVISIONS AND EXCEPTIONS, SECTION XII, is amended by adding thereto a new paragraph numbered “7,” with reference to prohibiting sales of alcoholic beverages within 2500 feet of churches and schools, as follows:
“7. No beverages containing alcohol of more than 1% by weight shall be sold by any vendor whose place of business is within 2500 feet of an established church or school, which distance shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of said place of business to the main entrance of the church, and in the case of a school, to the nearest point of the school grounds in use as part of the school facilities.”
On recommendation of the Zoning Director and on motion of Commr. Dykes seconded by Commr. Babb and carried, the Attorney was instructed to institute injunction proceedings against T. C. Richardson, building code violator.
On recommendation of the Zoning Director and on motion of Commr. Babb seconded by Commr. Theus and carried, the Attorney was instructed to notify zoning violators, Gilbert E. Ott and Homer Ross, that unless the zoning regulations are complied with, the necessary steps will be taken to enforce them.
On motion of Commr. Babb seconded by Commr. Dykes and carried, the Act as prepared by Dr. Bartley with reference to County-wide zoning was accepted and approved and the Attorney was directed to present same to the legislative delegation.
laws & legislature
Attorney Duncan advised there will be a comprehensive Act presented to the Legislature for general adoption similar to Chapter 63-1242 which was discussed at the last meeting, however, if it does not pass, Lake County can still have a special Act. On motion of Commr. Dykes seconded by Commr. Babb and carried, the Attorney was instructed to prepare special Act in the event the general Act does not pass.
The Clerk submitted two bills received from the State Association of County Commissioners for study and the Attorney was instructed to review same.
road & bridge – equipment
Engineer Hays reported he cannot find out who owns the gas pumps at the District barns. Commr. Theus advised Texaco owns the pumps in his District. The Engineer was directed to continue his efforts in locating the owners of the pumps.
On recommendation of the Attorney and on motion of Commr. Cowart seconded by Commr. Dykes and carried, Edwin R. Waite was appointed appraiser in the case against E. W. Lefkowitz.
Clerk Owens submitted notice from the State Road Department that the budget hearing on road requests will be March 9th in DeLand.
On motion of Commr. Theus seconded by Commr. Cowart the action of the Chairman and Clerk in approving petition to the Southwest Florida Tuberculosis Hospital for Wm. Henry Harrison was approved.
Engineer Hays filed the following use permits to the Florida Telephone Corp. for construction and maintenance of buried cable:
L. C. Permit 31 – County Road 5668
L. C. Permit 32 – County Road 5371
L. C. Permit 33 – County Road 5470
Application from Joseph S. Jones for the position of Park Manager was read and the Clerk was instructed to advise him we have no opening for this position.
Invitation from Vulcan Materials Company to a luncheon meeting on February 26th in DeLand for the purpose of getting acquainted with State Road Board member Willard Peebles was read and the Clerk instructed to advise them the Board members will attend.
On motion of Commr. Dykes seconded by Commr. Cowart and carried, the following vouchers were approved for payment by the Oklawaha Water Authority:
Nos. 48 – 55
On motion of Commr. Theus seconded by Commr. Dykes and carried, invoice from Simons Office Equipment in the amount of $16,634.97 was approved.
On motion of Commr. Theus seconded by Commr. Dykes and carried, the following vouchers were approved for payment:
General Revenue Fund
650 – 846
Mosquito Control – State II
17 – 26
Road & Bridge Fund
385 - 518
Fine & Forfeiture
63 – 83
Capital Outlay Reserve – County Buildings
11 – 13
cancellation of warrant
On motion of Commr. Cowart seconded by Commr. Theus and carried, the Clerk was authorized to cancel General Revenue Warrant #763 payable to Mrs. Hannah Norgran in the amount of $40.00, since Mrs. Norgran has been moved to the Lake Memorial Nursing Home.
Reports from the following for the month of January were filed:
Agricultural Agent and two Assistants
Home Demonstration Agent and two Assistants
Planning, Zoning & Building Department
County Judge – Fines, Forfeitures and Costs
Resolution from the City of Eustis to the State Road Department regarding SR 19 was filed.
Minutes of meeting of E. Central Florida Regional Planning Council on January 12th were filed and copy presented to each member.
Letter from the President of Lake-Sumter Junior College expressing appreciation to the Board for their interest and support given the College.
Letter from the City of Clermont thanking the Board for naming the Health Center “Harry K. Stokes Health Center.”
There being no further business to bring before the Board, the meeting adjourned at three o’clock P.M.