MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
MONDAY – april 12, 1965
The Board of County Commissioners met in regular session in the County Commissioners’ Room in the Courthouse at Tavares on Monday, April 12, 1965, at 10:00 o’clock A.M. with the following members 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. Theus.
bids
It now being the time advertised to receive bids for resurfacing streets and parking areas, the Chairman directed the Clerk to open the bids and the Engineer to tabulate same, whereupon, the Engineer reported receiving bids from the following:
Basic Asphalt Corp. - Total Contract Price $5,392.57
Lindsley Paving Company - Total Contract Price 7,209.30
On motion of Commr. Dykes, seconded by Commr. Cowart and carried, the low bid of Basic Asphalt Corp. was accepted.
Indigents
On motion of Commr. Cowart, seconded by Commr. Babb and carried, the following changes were made to the present indigent list:
DISTRICT NO. 1 - No Change
DISTRICT NO. 2 - DELETE Ted Parker - $40.00, Cora Baker $40.00, Gladys Johnson $30.00
DISTRICT NO. 3 - ADD Ira Belle Kirkland $12.50, Mable Stribbling $20.00
DISTRICT NO. 4 - ADD Marguerite Zeigler $30.00, Charlotte Fitch $30.00
DISTRICT NO. 5 - DELETE Henry Wiley $40.00 – ADD Vera Foster $20.00
Courthouse
Mr. Howell Hopson, Architect, appeared and recommended that plastic signs for the inside Courthouse doors be purchased from Leesburg Typewriter Service and that the gold leaf lettering signs be awarded to Jimmie’s Sign Service, whereupon, on motion of Commr. Theus, seconded by Commr. Dykes, the Architect was authorized to purchase necessary plastic signs from Leesburg Typewriter Service at a cost of $351.67, and the gold leaf signs for six doors be purchased from Jimmie’s Sign Service at a cost of $227.80.
Public health
Mr. Hopson presented final request for payment from Fred Kuhlman on the Clermont Health Center in the amount of $2,442.00. Clerk Owens advised we have $1,000 available to pay Mr. Kuhlman, but cannot pay the remainder until reimbursement is received from the State. Motion was made by Commr. Dykes, seconded by Commr. Babb and carried, that the Clerk issue warrant in the amount of $1,000 to Mr. Kuhlman and the remainder to be paid him when money is received from the State.
Attorney Duncan submitted letters from the State Board of Health regarding existing sanitary conditions in the Astor Forest Campsites due to the installation of septic tanks. All correspondence opposes the septic tanks on the basis of inadequate drainage in the area and that installations are in violation of Chapter 170C-4.121 of the Florida Sanitary Code.
Road closings
Mr. E. T. Hall appeared on behalf of the Florida Baptist Convention and presented petition to close old clay road near Lake Yale described as follows and public hearing on same was authorized for May 10, 1965:
Commencing at the Southwest corner of Section 13, Township 18 South, Range 25 East; run thence North 89°39’50” East along Section Line for 700.40 feet to the Easterly right of way line of State Road 452; run thence North 25°33’30” West along said right of way line for 82.60 feet to the Center of Old County Road (Old Clay Road) and the POINT OF BEGINNING: run thence North 14°08’40” West for 1353.80 feet; run thence North 67°01’10” West for 245 feet, more or less to the Center of the Yale-Griffin Canal.
deeds
In consideration for the closing of the above described road, an easement to the County for the following described right of way was accepted on motion of Commr. Babb, seconded by Commr. Cowart, and ordered recorded upon the public records:
GRANTOR: FLORIDA BAPTIST CONVENTION
From the Southwest corner of Section 13, Township 18 South, Range 25 East, run North 89°39’50” East, along Section Line for 700.40 feet to the Easterly right of way line of State Road 452; thence North 25°33’30” West along said right of way line 82.60 feet to the center of Old Clay Road; runt hence North 14°08’40” West for 1353.80 feet; run thence North 67°01’10” West for 129.86 feet to the POINT OF BEGINNING: run thence North 38°34’20” East for 10.15 feet; thence North 41°53’ West for 125 feet, more or less, to the center of Yale-Griffin Canal; run thence Southwesterly along center of said Canal to center line of State Road 452; thence South 25°33’30” East for 140 feet, more or less, to a point that is South 38°34’20” West of the POINT OF BEGINNING; run thence North 38°34’20” East for 257.41 feet to the POINT OF BEGINNING, less that part contained in the right of way of State Road 452.
On recommendation of the Attorney and on motion of Commr. Cowart, seconded by Commr. Babb and carried, deeds conveying the following described property to Lake County were accepted and ordered recorded upon the public records:
GRANTOR: C. J. KNOWLES and wife, BLANCHE B. KNOWLES
The West 25 feet of Blocks H and K, according to the Plat of “Lands in Snyder’s Addition to Okahumpka”, filed and recorded in the public records of Lake County, Florida, in Township Plat Book.
GRANTOR: Dorothy A. Barter, formerly Dorothy A. Mann, and husband Harold D. Barter.
Commence at the NW Corner of Sec. 14, T. 22 S., R. 25 E; thence run N. 89°55’30” E., 669.02 feet along the North boundary of said Sec. 14, to the East right of way line of SR S-561-A, same being point of beginning; thence run South 23°20’30” East, 115.56 feet to the Northeast corner of Lot 1, Block “B”, Crystal Cove Subdivision, as recorded in Plat Book 13, page 34, Public Records of Lake County, Florida; thence run North 27°39’30” East, 56.62 feet to the NW corner of Lot 1, Block “A” of said subdivision; thence run North 23°20’30” West, 123.70 feet to the East right of way line of said SR S-561-A and in the process crossing into Sec. 11, T. 22 S., R. 25 E.; thence run South 21°48’30” West along the East right of way line of said SR S-561-A, a distance of 62.06 feet to point of beginning.
Attorney Duncan presented deed from Atlantic Coast Line Railroad Company conveying the following described property to Lake County, whereupon, deed was accepted on motion of Commr. Babb, seconded by Commr. Cowart and the Clerk was authorized to record same upon the public records, and the Attorney was authorized to proceed with Suit to Quiet Title:
A strip of land 60 feet wide, that is, 30 feet wide on each side of the center line of the roadbed of the former main track of the Atlantic Coast Line Railroad Company’s Astor Branch; said strip of land extending northwardly 1454 feet, measured along said center line, from a point 65 feet southwardly, measured along said center line, from the south line of the SW 1/4 of the NE 1/4 of Section 12, Township 18 South, Range 26 East, to the north line of the SW 1/4 of the NE 1/4 of said Section 12; also
A strip of land 120 feet wide, that is, 60 feet wide on each side of said center line, beginning at the north end of the next above described parcel of land and extending northeastwardly through Sections 12 and 1, Township 18 South, Range 26 East, Section 6, Township 18 South, Range 27 East, and Section 31, Township 17 South, Range 27 East, a distance of 11,877 feet to the southwest line of property conveyed by the said party of the first part to Mary Elizabeth Coffee under deed dated December 16, 1950; EXCEPTING, However, that part of said strip of land in the SW 1/4 of the NE 1/4 of said Section 31 lying southeast of a line parallel with a 35 feet southeastwardly, measured at right angles, from said center line and extending northeastwardly 210 feet from a point 460 feet northwardly, measured at right angles, from the point of intersection of said center line with the south line of the SW 1/4 of the NE 1/4 of said Section 31; the land hereby conveyed containing 34.4 acres, more or less, and being shown outlined in yellow on the print attached hereto and made a part hereof.
State road department
On motion of Commr. Dykes, seconded by Commr. Cowart and carried, the Board adopted a resolution requesting the State Road Department to replace section corners destroyed by them during the construction of SR S-470, and that in the future all markers be replaced. The Clerk was instructed to forward copy of the resolution to Sumter County and request they adopt a similar resolution.
Assessments
Mr. Hall informed the Board in his opinion developing in the County has practically stopped due to the increase in assessments after one or two lots are sold. Motion was made by Commr. Dykes, seconded by Commr. Theus and carried, the Clerk was instructed to request the Tax Assessor to put in writing his formula for assessing property in subdivisions in order that the developers and surveyors will know what to expect and can so advise the property owners.
Right of way – except roads
Mr. Hall advised the Board the Florida Power Corp. is in the process of constructing a large substation with high tension lines through the County. They expect to take 300’ right of way for the lines. Discussion followed that the Power Company should take title to the property and pay taxes on them, otherwise considerable money will be lost to the County in taxes. The Attorney was instructed to investigate this matter while the legislature is in session.
Right of way – roads
Attorney Duncan advised he is in receipt of appraisal on land encroaching property of Atlantic Coast Line Railroad by State Road 46. Appraisal shows 9.63 acres of land involved and valued at $360 per acre. Atlantic Coast Line Railroad Company wants $3,370 before they will give us a deed. On motion of Commr. Dykes, seconded by Commr. Theus and carried, a resolution was adopted requesting the State Road Department to pay from Secondary Funds the amount required by Atlantic Coast Line.
Suits affecting county
Attorney Duncan advised the Information Quo Warranto regarding Bear Pen Road has been continued for 30 days in order to give both parties time to gather further information.
Laws & legislature
After discussing resolution adopted by this Board on March 19th with reference to sugar additive to orange concentrate, motion was made by Commr. Dykes, seconded by Commr. Babb and carried, and a resolution adopted amending the former resolution by approving the present draft whereby safeguards and limitations are incorporated in the bill on an experimental two year basis.
On motion of Commr. Dykes, seconded by Commr. Babb and carried, a resolution was adopted stressing to the legislative delegation this Board’s recommendation for an additional County Judge.
Attorney Duncan presented redraft of proposed legislation by Orange County with reference to creating water district in the Johns Lake area. Mr. Duncan advised the Oklawaha Water Authority is opposed to this bill. The Board members concurring, the Chairman directed the Clerk to contact K. B. Luton, Winter Garden, regarding this.
complaints
Engineer Hays stated a resident of Edgewood Park, 2nd Addition, is objecting to a barricade across clay road immediately west of Fussick’s residence. Action on this matter was deferred pending affidavits from residents stating the road is a prescriptive road.
Mosquito control
Dr. Hall appeared and invited the Board members to go by the Mosquito Control property to view the improved conditions of the building, grounds and equipment.
Recess and reassembly
The Board recessed for lunch at twelve o’clock noon and reconvened at 1:15 o’clock P.M. to take up the remaining items of business.
Bids
Engineer Hays advised the low bid on three dump trucks for District #1 was from Eustis Dodge, Inc. in the amount of $7,279.00, however, they cannot guarantee delivery within 60 days due to factory strike, and the low bid on pickup truck for District #4 was Creamons Chevrolet, Inc. priced at $1190.62. Chairman Livingston stated his road foreman prefers a Ford pickup, whereupon, on motion of Commr. Theus, seconded by Commr. Babb, the Board adopted a resolution accepting the second low bid of Eustis Motor Company for three dump trucks in the amount of $7,596.17 and the second low bid of Eustis Motor Company for one pickup truck in the amount of $1198.91.
On motion of Commr. Theus, seconded by Commr. Cowart and carried, the Clerk was authorized to advertise for bids for Mirex Insecticide to be used for the eradication of fire ants. Bids to be received on March 3, 1965.
Condemnation proceedings
Attorney Duncan stated he is in receipt of appraisal on Dora Canal property which values the property as follows:
Property of Ralph Jones $3,000.00
Property of Howard Ehler 900.00
Property of Howard Vickers 1,000.00
On motion of Commr. Babb, seconded by Commr. Cowart and carried, the Attorney was authorized to proceed with condemnation proceedings and Emery Dillard was appointed right of way agent.
zoning
Zoning Director Webb reported on zoning meeting in Tampa – had very good attendance and Florida is one of two states that do not have a state wide zoning law.
On recommendation of the Planning and Zoning Commission and on motion of Commr. Babb, seconded by Commr. Dykes and carried, a resolution was adopted amending the Zoning Rules and Regulations to the classifications designated after the following descriptions:
1. Tract 22 in Sec. 21 Twp. 22 S, Rg. 25 E., according to the Plat of Groveland Farms, as shown in the Public Records of Lake County, Florida, now classified and zoned as A (Agriculture), be, and the same is hereby amended, changed and re-zoned to Classification R-1 (Residential).
2. All of Suburban Shores Subdivision, as recorded in Plat Book 12, page 82, and Plat Book 14, page 7, Public Records of Lake County, Florida, (Sec. 25, Twp. 22 S., Rg. 26 E.), now classified and zoned as A (Agriculture), be, and the same is hereby amended, changed and re-zoned to Classification R-1-A (Residential).
3. Begin 270 feet North of the Northwest corner of Lot 8, Block 47, in Silver Lake Estates, according to the plat thereof, recorded in Plat Book 10, pages 66 to 69, Public Records of Lake County, Florida, and located in Sec. 22, Twp. 19 S., Rg. 25 E., thence run South to the Highway, thence Southeasterly along the Highway 60 feet, thence North to point East of Point of beginning, thence West to point of beginning, now classified and zoned as R-1-A (Residential), be, and the same is hereby amended, changed and re-zoned to Classification C-2 (Commercial).
Inventory
Commr. Dykes submitted quotations from Claude’s Garage for $35.00 on the Autocar Truck/Tractor which has been declared junk, and $40.00 from J. D. Cook for a pickup truck top, whereupon, the Board approved the sale of the two surplus items.
Insurance
Clerk Owens presented letter from the Florida Inspection & Rating Bureau listing recommendations of improvements to certain County buildings safeguarding against loss by fire. The Clerk was instructed to handle this with the custodian of the buildings in question.
Roads – state
The Clerk submitted letter from the State Road Department advising that traffic survey of the intersection of State Road 500 and State Road S-44-B shows that no additional controls are needed and the intersection should remain as presently constituted.
Notices from the State Road Department were filed giving the low bidders on the following road projects:
John W. Daniels Paving Co.,
St. Petersburg, Florida - Streets and parking areas at Lake Sumter Junior College
Macasphalt Corp.
Lakeland, Florida - SR 19-A between SR 44 and SR 19
- SR S-438 between SR 25 in Minneola and Orange County Line
- SR S-561-A from SR 561 to South limits of Clermont
J. D. Manly Construction Co.
Leesburg, Florida - SR S-466 from Sumter County Line to SR 500
Engineer Jays reported on his and Commr. Dykes’ visit to DeLand with Richey Green regarding acquisition of rights of way before roads are constructed. Mr. Green agreed to discuss with the Department’s attorney in Tallahassee the possibility of the County acquiring the right of way up to appraised price and be reimbursed by secondary funds. They definitely will not allow us to draw the deeds.
County property
On motion of Commr. Dykes, seconded by Commr. Babb and carried, the Attorney was instructed to prepare lease between the County and the Town of Astatula to lease 10 acre abandoned clay pit for park purposes.
Funds – transfers
On motion of Commr. Dykes, seconded by Commr. Cowart and carried, the Clerk was authorized to transfer $6,000 from Contingency Item in General Revenue Fund to Account #683-3 Acquisition of Lands for Parks.
County employees
On recommendation of Dr. Hall, resignation of Raymond G. Robinson was accepted by the Board and the Clerk was instructed to pay him severance pay through April 30, 1965.
Cancellation of warrants
On motion of Commr. Theus, seconded by Commr. Babb and carried, the Clerk was authorized to cancel the following described warrants:
General Fund #1199 payable to Mrs. Gladys Johnson - $40.00 – deceased.
General Fund #193 payable to Dr. Medley - $10.00 – to be reissued in the name of Dr. Newton McCollough.
Accounts allowed
On motion of Commr. Theus, seconded by Commr. Dykes and carried, the Architect was authorized to purchase for the County Judge’s Court Room, two additional microphones with desk stands from Executone Systems Co. – cost $260.00.
Request of the Civil Defense Office to purchase electric adding machine at an approximate cost of $150.00 was approved on motion of Commr. Dykes, seconded by Commr. Cowart and carried.
On motion of Commr. Dykes, seconded by Commr. Babb and carried, bill from Edwin R. Waite in the amount of $200 for appraisal service on Dora Canal property was approved.
Request of the Juvenile Counselor to purchase set of Florida Statutes was approved on motion of Commr. Cowart, seconded by Commr. Dykes and carried. Clerk Owens to suggest to Mr. Mills he wait until the new statutes are printed.
On motion of Commr. Babb, seconded by Commr. Cowart and carried, the Clerk was authorized to purchase Acme Visible Tray File from Simons Office Equipment Company for $332.25.
Request of the Clerk for advance in the amount of $1,500 to pay State trial Witnesses for Spring Term of Court was approved on motion of Commr. Babb, seconded by Commr. Dykes and carried.
On motion of Commr. Babb, seconded by Commr. Cowart and carried, bill from Waterman Memorial Hospital in the amount of $888.04 for G. C. Battle was approved.
On motion of Commr. Theus, seconded by Commr. Dykes and carried, the Circuit Judge was authorized to purchase Gray Audograph Recording Machine in the amount of $379.10.
Expenses of the Attorney and Chairman to go to Tallahassee with reference to County bills were approved on motion of Commr. Cowart, seconded by Commr. Dykes and carried.
On motion of Commr. Dykes, seconded by Commr. Babb and carried, the following vouchers were approved for payment:
General Revenue Fund - Nos. 1045 – 1280
Mosquito Control – State II - 33 - 39
Road & Bridge Fund - 648 - 775
Fine & Forfeiture - 104 - 124
Capital Outlay Reserve – Agricultural Bldg. - 1
- County Buildings - 18 - 21
- Health Clinic - 5
Bond Interest & Sinking Fund –
County Buildings - 2
Oklawaha
On motion of Commr. Cowart, seconded by Commr. Dykes and carried, the following vouchers were approved for payment by the Oklawaha water Authority:
Vouchers Nos. 70 – 83
Communications
Letters from various organizations supporting the program of seining for the eradication of rough fish from Lakes in the County with Lake Griffin as the pilot lake.
Card of appreciation for flowers from Mrs. G. C. Battle was read and filed.
Notice from the Florida State board of Health regarding Health Officers Malpractice Insurance was read and filed.
Reports
Monthly reports from the following were filed:
County Service Officer
Welfare Director
Report from Florida Bd. Of Conservation with reference to general and Special Laws relating to Water Resources Development was referred to the Planning & Zoning Director.
There being no further business to bring before the Board, the meeting adjourned at 3:00 o’clock P.M.
___________________________________ ______________________________
CLERK CHAIRMAN