MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
MONDAY – february 14, 1966
The Board of County Commissioners met in regular session in the Commissioners’ Room in the Courthouse at Tavares on Monday, February 14, 1966, at 10:00 o’clock A.M. with the following members present: Chairman Theus; Commrs. Cowart, Dykes, Livingston, and Babb; others present were Clerk Owens, County Engineer Hays, Attorney Duncan, Zoning Director Webb.
The meeting was called to order by the Chairman, and the invocation was given by Commr. Theus.
bids
It now being the time advertised to receive bids on the construction of a kitchen for the Juvenile Shelter, the Chairman directed the Clerk to open the bids and the Architect to tabulate same; whereupon, the Architect reported receiving bids from the following:
Fred Kuhlman, Inc. $8,290.00
J. L. Mabery, Builder $8,729.75
Matsche Construction Co. $9,350.00
Thompson Bros. Construction $9,000.00
On a motion by Commr. Dykes, seconded by Commr. Cowart and carried, the bids were referred to the Architect and Dr. Klar for study and recommendation to the Board.
Later in the day, the Architect appeared and recommended the bid from Fred Kuhlman, Inc. be accepted, whereupon a motion was made by Commr. Dykes, seconded by Commr. Livingston and carried, the low bid from Fred Kuhlman, Inc. in the amount of $8,290.00 was accepted. The list of subcontractors was approved as follows:
Coffey Plumbing & Electric – Electrical
F & W Plumbing - Plumbing
It now being the time advertised to receive bids for resurfacing certain streets in the City of Eustis, the Chairman directed the Clerk to open the bids and the Engineer to tabulate same; whereupon, the Engineer reported receiving bids from the following:
Lindsley Paving Co., Inc. 63 cents
Basic Asphalt Corp. 54 cents
Carroll Contracting Co., Inc. 53.9 cents
On a motion by Commr. Dykes, seconded by Commr. Babb and carried, the second low bid of Basic Asphalt Corp. at 54 cents per sq. yd. was accepted, because the work needs to be done immediately before the Lake County Fair commences, and Basic Asphalt can do the work quicker than the low bidder.
complaints
B. A. Price of Altoona appeared and complained of harrow damaging the clay road in front of his property. Laurier Heard representing Flippo Groves was present and stated he is sorry for any damage done by the harrow machine, but it is impossible to work the grove without some damage to the grove. Mrs. Cadwell was present and advised the first row of orange trees is on the road right of way, and the road has been in existence for more than 30 years, because she has owned property on the road for that length of time. On a motion by Commr. Babb, seconded by Commr. Dykes and carried, the Engineer was instructed to survey the right of way.
indigents
On a motion by Commr. Cowart, seconded by Commr. Dykes and carried, the following changes were approved to the present indigent list:
District No. 1 – ADD Ponnie Mound $20
ADD Larry Stone $40
District No. 1 - DELETE Annie Bell Morris $10
ADD Mary Frances Archie $30
No. 3 - DELETE John Henry Warren $20
No. 4- No change
No. 5 - No change
Mrs. Verna Eastwood appeared with reference to reimbursing Orlando doctors for services to indigent patients. On the recommendation of Mrs. Eastwood and on a motion by Commr. Babb, seconded by Commr. Dykes and carried, the Board agreed to reimburse the doctors based on one-third of their charges.
county agents
Mr. K. S. McMullen, District Agent of the Florida Agricultural Extension Service, appeared and recommended Earl M. Kelly as successor to R. E. Norris, County Agent.
Mr. Jack Allen, President of the Lake County Farm Bureau, was present and recommended the employment of Mr. Kelly, as the Bureau members feel he is the best man available for the job.
After hearing remarks of the Chairman, a motion was made by Commr. Dykes, seconded by Commr. Babb and carried that the employment of Earl M. Kelly was approved effective May 1, 1966 at an annual salary of $12,000 and $900 travel expense.
state agencies
Mr. W. H. Sheffield representing the South Lake Waterways Club appeared and presented a petition signed by 265 residents of South Lake County, also a resolution adopted by the Waterways Club and a letter from the Game & Fresh Water Fish Commission regarding closing the Clermont Chain of Lakes to trot lines, setlines, and bush-hooks. On a motion by Commr. Dykes, seconded by Commr. Livingston and carried, a resolution was adopted requesting the Game & Fresh Water Fish Commission to prohibit trot lines, setlines, and bush hooks at all times in the following lakes:
Louisa, Susan, Minnehaha, Crescent, Winona, Palatlakaha, Hiawatha, Minneola, Wilson, Cook, and Cherry, together with their connecting waters.
federal agencies
Mrs. Minnie Weems, Mayor of Astatula, appeared and advised she has been appointed to the executive committee of Lake County Economic Opportunity, Inc., and it is her job to find available space for this agency. Chairman Theus stated the Board will take her request under consideration.
road maintenance – subdivisions
Mr. William Gibbons of Lake Harris Estates appeared with reference to the County resurfacing the streets in this subdivision and advised all the property owners are agreeable to paying their share with the exception of three. A motion was made by Commr. Babb that his road crew will resurface the streets when the money is turned in to the Clerk’s Office. The motion was seconded by Commr. Livingston and carried. The Engineer reported his estimate for the material is $2,076.00.
complaints
Donald Bronson of Groveland, President of the Cattlemen’s Association, appeared and complained of a public road south of Groveland that has been closed. The following persons appeared with reference to this controversy: Woodrow Dyer, J. R. Bridges of Polk City, and Mr. Williams of Groveland.
Attorney Duncan advised unless the road can be declared a public road, the County has no right to enter into this matter. Chairman Theus suggested to the parties present they secure the services of an attorney to help settle this matter.
recess and reassembly
The Board recessed at 11:50 a.m. to attend a luncheon at the Lake Memorial Nursing Home as the guests of the Home. The meeting reconvened at 1:45 p.m. to take up the remaining items of business. The Chairman was absent during the afternoon session, and Vice Chairman Cowart presided.
elections – primary
Mrs. Katherine Baker, Supervisor of Elections, appeared with reference to the first primary election on May 3, 1966. On a motion by Commr. Babb, seconded by Commr. Dykes and carried, Mrs. Baker was authorized to prepare a list of Clerk and Inspectors for the first primary.
Clerk Owens advised the Shoup Voting Machine Corp. has 60 used voting machines they will sell for $1,391.10 each and can be purchased on a five-year contract. Mrs. Baker stated in order to comply with the law, we need eighteen (18) additional machines. Clerk Owens left the meeting to confirm purchase of 18 machines with a 5 percent down payment and the balance in four annual payments including interest. He returned and advised that Shoup will accept these terms, whereupon on a motion by Commr. Dykes, seconded by Commr. Livingston and carried, the Board agreed to purchase 18 Shoup used voting machines at a price of $1,391.10 each, including the installation of a three column vertical voting attachment on each machine, with a 5 percent down payment within 30 days after delivery and the balance in four annual payments including interest, with the first payment to be made on or before the 15th day of December 1966.
right of way – roads
On the recommendation of the Engineer and on a motion by Commr. Babb, seconded by Commr. Dykes and carried, the matter of the request from the State Road Department for additional right of way from Mr. and Mrs. Homer Hooks on Haines Creek Road was referred to the Attorney.
On a motion by Commr. Dykes, seconded by Commr. Livingston and carried, the following resolution was adopted:
WHEREAS, with the rapid growth of Lake County and the development of lands within Lake County for various purposes, it is becoming increasingly essential that Lake County build or provide for the construction of highways, access roads and other roadways, to make various areas in the County more accessible, and
WHEREAS, it is obvious to the Board of County Commissioners that such roadways could not be constructed without the cooperation of landowners and the donation of rights of way for such purposes, and
WHEREAS, it is not always possible to secure by donation rights of way for the complete roadway, as essential as it may be;
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida that subject to review of rights of way acquired by donation and those areas where donation of rights of way cannot be secured, and the right to reject and refuse deeds and easements for such purposes when it appears that the construction of such highway will not be feasible for financial as well as other reasons, the Board of County Commissioners does hereby determine as a Policy the following:
1. In the event the right of way for a county road over a designated area and to designated termini is tendered to the following minimums: (a) 75% of the owners of the land along the proposed right of way; (b) 75% of the total right of way required for such road or highway; (c) 75% of the total estimated value of the area required for right of way; the Commissioners will construct a county road under specifications as shall be determined by the County Engineer and the Board of County Commissioners, including proper provision for drainage, provided, however, that the Board of County Commissioners shall have the right to reject said right of way in the event either of the above criteria has not been met.
2. Any resolutions heretofore adopted in conflict herewith are hereby revoked and repealed.
On a motion by Commr. Dykes, seconded by Commr. Babb and carried, the following resolution was adopted:
WHEREAS, it appeared to the Board of County Commissioners that in the construction of county roads and highways, it is necessary in certain instances to require the removal and reconstruction of existing fences or will require the cutting of fences where the right of way will divide an area already under the fence, and for the protection of cattle or stock, fences are required on each side of such road or highway;
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that in the event the owner of lands where either of the above conditions shall exist, will donate to the County the right of way for the proposed road or highway, the County will at its expense remove and reconstruct the existing fences along the boundary lines of the right of way conveyed, or in the event of the road or highway crossing and dividing an existing enclosure, the County will construct fences along the boundaries of the proposed right of way on each side of the highway and will provide for gates for access from one side to the other.
roads – state
Mr. William Kicklighter appeared representing the Umatilla City Council and presented survey forms signed by twenty-one property owners approving the construction of the following described road:
Extension of East Ocala Street to East Lake, then along the south edge of East Lake to intersect and follow existing clay road through Saltsdale East to SR 439.
On a motion by Commr. Babb, seconded by Commr. Dykes and carried, the Clerk was instructed to notify the State Road Department to proceed with the survey and to realign same as close to East Lake as possible and around Dr. Bowen’s irrigation system.
roads – county
On a motion by Commr. Dykes, seconded by Commr. Babb and carried, a resolution was adopted proposing a long-range plan of acquiring rights of way by requesting the State Road Department to establish centerlines for the following proposed roads:
1. Commencing at State Road 33 at the Section line dividing sections 20 and 29, in Township 24 South, Range 25 East, and run thence Easterly to State Road 25 (US 27) in Section 26, Township 24 South, Range 26 East.
2. Commencing at the junction of State Road 44 and State Road 452 Northwest of the City of Eustis, and run thence Easterly crossing State Road 19, and joining Old State Road 44 in Section 6, Township 19 South, Range 27 East.
3. Commencing at County Road No. 3-1040 at its intersection with the Township line dividing Townships 22 and 23 in Range 26, run Southerly and Easterly to State Road 25 (US 27) in Section 16, Township 23 South, Range 26 East.
4. Commencing at the junction of State Road 46 with State Road 433 in Section 30, Township 19 South, Range 29 East, run Northerly to intersect State Road 445 at Alexander Springs.
5. From State Road 19 (at the intersection of Atwater Avenue and Bay Street in the City of Eustis), run thence Westerly and Southerly to State Road 500 to a point approximately one fourth of a mile West of the Eustis Interchange between State Road 19 and State Road 500 (US 441).
6. Commencing at the Easterly end of State Road 478 and run thence Easterly to State Road 25 along the present accepted alignment of said Highway as determined by the State Road Department.
7. Commencing at a point approximately one fourth of a mile East of East Crooked Lake Drive where it intersects State Road 500 (US 441), run thence Northerly to LaRoe’s corner in Section Seven, Township 19 South, Range 27 East.
8. Commence at State Road 455 in Section 13, Township 21 South, Range 25 East, where the present clay road is located, and run Southerly to the Sunshine State Parkway and thence Southeasterly to intersect State Road 561.
roads – county
On a motion by Commr. Babb, seconded by Commr. Dykes and carried, a resolution was adopted establishing a 30 mph speed limit on Westmont Street in Bassville Park and approving the erection of signs.
maps & plats
Engineer Hays presented a plat of McKee’s Manor, owners McLester McKee and Jannye Ella McKee in Section 3, Township 19 S, Range 24 East. Attorney Duncan advised the title opinion of Inland Abstract & Title Company shows that the title is acceptable and that there are no encumbrances against the property. The subdivision has been approved by the County Engineer for septic tank type sewage disposal. The only existing street is 50 feet wide, and there is an access road.
On a motion by Commr. Dykes, seconded by Commr. Babb and carried, the plat was accepted and approved.
deeds
On the recommendation of the Engineer and on a motion by Commr. Dykes, seconded by Commr. Babb and carried, deeds and easements conveying the following described properties to Lake County were accepted and ordered recorded upon the public records:
GRANTORS: Byron E. Herlong and Frances L. Herlong, his wife
The South ten (10’) feet of the North thirty-five (35’) feet of the Northeast Quarter (NE ¼) of the Southwest Quarter (SW ¼) of Section 17, Township 19 South, Range 24 East.
GRANTORS: Arthur H. Benzee and Ruth M. Benzee, his wife
A STRIP OF LAND, 10 FEET WIDE, 5 feet on each side of the following described centerline: Commence at the East ¼ corner of Section 28, Township 20 South, Range 25 East, Lake County, Florida; thence run South 89̊ 29’20” West, 424.84 feet to the point of beginning; thence run North 0̊ 43’04” West, 181.14 feet to a lake, being located in the Southeast ¼ of the Northeast ¼ of said Section 28.
GRANTOR: Bertha M. Comstock
The south 25 feet of the East Half of Tract 11, and the South 25 feet of the West Half of Tract 12, in the NE ¼ of the NW ¼ of Section 35, Township 23 South, Range 25 East, according to plat of the property of the Postal Colony Company in Plat Book 8, Page 31, Public Records of Lake County, Florida.
GRANTOR: Ola Viola Swinehardt Diehr
The South 25 feet of the West half of Tract 11, in the NE ¼ of the NW ¼ of Section 35, Township 23 South, Range 25 East, according to plat of the property of the Postal Colony Company, in Plat Book 8, Page 31, Public Records of Lake County, Florida.
GRANTOR: George W. Smith and Margaret E. Smith, his wife
The North 25 feet of Tracts 5 and 6 in Section 35, Township 23 South, Range 25 East, in Groveland Farms Subdivision in Lake County, Florida, as shown on map of record in Plat Book 2, Page 11, Public Records of Lake County, Florida; ALSO, The South 25 feet of the Southwest Quarter of the Southeast Quarter of Section 26, Township 23 South, Range 25 East.
GRANTOR: Hamilton Growers, Inc.
Begin 80 feet East of the Southwest corner of the East ½ of Tract 12 in the NE ¼ of the NW ¼ of Section 35, Township 23 South, Range 25 East, according to Plat of the property of the Postal Colony Company in Plat Book 8, Page 31, Public Records of Lake County, Florida. From said point of beginning, run South 25 feet, run thence West to the West line of the SE ¼ of the NW ¼ of Section 35, Township 23 South, Range 25 East, to a point on said line which is 25 feet South of the Southwest corner of Tract 11 of the Plat of property of the Postal Colony company as shown in said Plat Book 8, Page 31, run thence North 25 feet to the Southwest corner of said Tract 11, run thence East to the Point of Beginning.
GRANTOR: Postal Colony Company, Inc.
A strip of land 50 feet wide; 25 feet on each side of the following described centerline to wit: Begin 55 feet of the Southwest corner of the East ½ of Tract 12, in NE ¼ of the NW ¼ of Section 35-23-25, Postal Colony Co., Plat Book 8, Page 31, public records of Lake County, Florida. From said point of beginning, run North 1̊ 20’15” West 1026.54’; thence run North 51̊ 53’11” East, 393.87’ to the Northeast corner of tract 5 of said plat; AND ALSO ALL THE FOLLOWING: Commence at the Southwest corner of the East ½ of tract 12, in the Northeast ¼ of the Northwest ¼ of Section 35-23-25; Postal Colony Co., Plat Book 8, page 31, Public Records of Lake County, Florida, thence run North 25 feet; thence run East 30 feet; thence run South 25 feet; thence run West 30 feet to point of beginning.
licenses & Permits
The Engineer reported he has checked with Marion, Orange and Seminole Counties and the State Road Department, and they do not charge a fee for issuing utility or use permits; whereupon, the Board unanimously agreed no charge will be made by Lake County.
Clerk Owens presented a letter from the Floralina Exploration Company requesting permission to run a drilling test for mineral on all County road right of way. The Board members concurring, the Chairman directed the Clerk to request that a representative appear before the Board.
The Engineer filed the following Use Permits to the Florida Telephone Corp. for the construction and maintenance of buried cable:
Nos. 49, 50, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66
Also, permit to Lane Blanton for the construction and maintenance of a cross-drain pipe for irrigation purposes along County Road #3-3637.
On a motion by Commr. Livingston, seconded by Commr. Babb and carried, bonds for carrying firearms were approved for the following: Horace E. Jones and S. C. Merritt, Jr.
road closings
Engineer Hays reported he investigated the street in Astor North of the railroad and South of SR 40 which Mrs. Schmidt wants closed and finds there is no existing street at this time. The Schmidts own the property on the East side of the road, and their relatives own the property across the road. Commr. Babb said there will be opposition to this closing; this is a natural drain, and if it is blocked, there will be trouble.
zoning
On the recommendation of the Planning and Zoning Commission and on a motion by Commr. Livingston, seconded by Commr. Babb and carried, a resolution was adopted amending the Zoning Rules and Regulations as they pertain to the following tracts of land, to the classification designated after each description:
1. From the Northwest corner of NE ¼ of NW ¼ of Sec. 28, Tp. 19 SR 24 E, run East along Section line for 198 feet; thence South parallel with West line of said NE ¼ of NW ¼ for 370 feet to POB: run thence South parallel to said West line of NE ¼ of NW ¼ for 590 feet; thence West parallel with North line of said Section for 440 feet; thence North parallel to East line of NW ¼ of NW ¼ of said Section 590 feet; thence East 440 feet to POB; Less: Right of Way for State and County Roads:
Now classified as R-1 (Residential), be, and the same is hereby amended, changed, and rezoned to Classification C-1 (Commercial).
2. Lots 1 through 5 inclusive, Block 1, Pfahl Addition, Leesburg, Florida, as recorded in Plat Book 8, Page 58, public records of Lake County, Florida;
Now classified as R-1 (Residential), be, and the same is hereby amended, changed, and rezoned to Classification C-1 (Commercial).
A tract of approximately five acres at the NE corner of US Rt. 27 and SR 530, Lake County, Florida, described as follows: Begin at intersection of the East R/W of Rt. 27 and North R/W of SR 530; run East along North R/W of SR 530 a distance of 660 feet; thence North at right angles 330 feet; thence West at right angles to East R/W of US 27; thence SE along East R/W line of US 27 to POB; said tract being in Sections 35 and 36, Tp. 24 S, R. 26 E.
Now classified and zoned as A (Agriculture), be, and the same is hereby amended, changed, and rezoned to Classification C-1 (Commercial).
The Zoning Director advised that the rezoning application of Harry Baker, Astor, was denied by the Planning and Zoning Commission, whereupon, on a motion by Commr. Babb, seconded by Commr. Dykes and carried, the action of the Planning and Zoning Commission was approved.
public health
Clerk Owens presented a letter from George N. Weiman requesting that the dumping of trash and garbage be stopped in the area of SR 437 and SR 46. Commr. Livingston advised this matter was handled at the last meeting.
Dr. Hall appeared and requested the Board’s cooperation in using the news media to acquaint the people over 65 years of age with the Medicare Program. The Board members concurring, the Chairman instructed Dr. Hall to issue a news release regarding this.
autos and trucks
Engineer Hays read a letter from General Electric Company with reference to the car and truck radios being on a repeater system. A letter stated this system is used only with systems of over 100 kilowatts. He was instructed to discuss this matter with Mr. Watson.
accounts allowed
On a motion by Commr. Babb, seconded by Commr. Dykes and carried, the Engineer was authorized to purchase a Xerox Desk Copier Model 813, initial installation charge of $145 to be paid from the building fund, and monthly rental of $22.50 to be paid from office expenses.
On a motion by Commr. Dykes, seconded by Commr. Livingston and carried, the application from the National Association of County Planning Directors was approved for the Zoning Director, annual fee $10, and the Clerk was instructed to issue a warrant for same.
A request from Fred Kuhlman, Inc. for $17,987 for work performed on the Engineering & Zoning Building was approved on a motion by Commr. Dykes, seconded by Commr. Babb and carried.
A request from Waterman Memorial Hospital for $71,000 was approved on a motion by Commr. Livingston, seconded by Commr. Babb and carried.
On the recommendation of the Zoning Director and on a motion by Commr. Babb, seconded by Commr. Dykes and carried, the Clerk was authorized to issue a refund in the amount of $10 to Mrs. M. B. Murphy, who withdrew the application to the Board of Zoning Appeals.
On a motion by Commr. Dykes, seconded by Commr. Babb and carried, the following vouchers were approved for payment:
General Revenue Fund Voucher No.s 676-904
Mosquito Control State II 12-16
Fine & Forfeiture Fund 70-94
Road & Bridge Fund 391-536
Capital Outlay Reserve – County Home 2
South Lake Memorial Hospital 4-5
Northeast Lake County Hospital 5-7
communications
A letter from the State Board of Health regarding Palm Shores Resort Trailer Park was read and filed.
A notice from the Brotherhood of Locomotive Firemen and Enginemen regarding a hearing to be held on March 1 by the Florida Public Service Commission regarding ACL’s application to discontinue Trains 37 and 38 was read and filed.
The Minutes of the East Central Florida Regional Planning Council meeting held in Titusville on January 12 were filed and a copy distributed to each member.
reports
The following reports for the month of January were filed:
Welfare Director
Lake Griffin Seining Program
Game & Fresh Water Fish Commission regarding hunting seasons
minutes
On a motion by Commr. Livingston, seconded by Commr. Babb and carried, the minutes were approved for meetings held on January 3, 4, 10 and 13 as submitted.
There being no further business to bring before the Board, the meeting adjourned at 4:30 P.M.
___________________________________ ______________________________
CLERK CHAIRMAN