MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS

 TUESDAY, JULY 5, 1966

A regular meeting of the Board of County Commissioners of Lake County, Florida, was held in the Commissioners’ Room in the Courthouse, Tavares, Florida, at 10:00 o’clock A.M., Tuesday, July 5, 1966, with the following members present:  Commrs. Cecil Theus, Chairman, Herman T. Dykes, D. H. Livingston and Herbert A. Babb.  Also present were County Attorney Carl E. Duncan, County Engineer Gordon Hays, Jr., Zoning Director Robert S. Webb and Clerk of the Circuit Court Frank E. Owens and Deputy Clerk Norma H. Coven.  Commissioner J. C. Cowart was absent due to illness.

The meeting was called to order by the Chairman who gave the invocation.

bids

It being 10:00 o’clock A.M., the time advertised to receive bids on Workmen’s Compensation insurance, the Chairman directed the Clerk to open the bids and the Engineer to tabulate same, whereupon, the Engineer reported receiving bids from the following:


            Bill Martin Insurance, Inc. –  Estimated annual discounted premium            $10,718.87

Lassister-Ware                       Estimated annual discounted premium           10,716.78

Consolidated Insurance Agency          “       “            “               “                   10,716.78

J. C. Noblitt, Agent

            Nationwide Insurance              “       “            “               “                     9,512.94

 

Motion was made by Commr. Livingston seconded by Commr. Babb and carried, that the bids be taken under advisement.

Later in the day, Mr. Paul E. Rudolph, District Sales Manager for Nationwide, appeared and announced Mr. Noblitt is out of town and he is appearing for him.  On motion of Commr. Dykes seconded by Commr. Babb and carried, the low bid of J. C. Noblitt, Agent for Nationwide Mutual Insurance Company, was accepted.  Mr. Rudolph stated the binder for the coverage is effective immediately.

Sealed bids for one passenger car were received at the request of Dr. Hall, Lake County Health Director, who advised it is not necessary for the Health Department to advertise for bids.  The Chairman directed the Clerk to open the bids and the Engineer to tabulate same.  Bids were received from the following:

            Joe Creamons Chevrolet, Inc.

            Westernman Ford

            D. C. Waters Ford

            Lake County Chrysler – Plymouth

            McKee Chrysler-Plymouth

 

On motion of Commr. Livingston seconded by Commr. Babb and carried, the bids were referred to the Engineer and Dr. Hall for study.

plats

J. A. Getford appeared and asked if the Board would have any objections to the vacating of Eustis Meadows and turning the land back to acreage.  The Board members agreed to the vacating of the plat of Eustis Meadows and Attorney Duncan advised Mr. Getford of the procedure to follow to accomplish this.

E. T. Hall appeared and presented plat of Picciola Highland Estates, located in Section 1, Twp. 19 S., Range 24 E. and in Section 2, Twp. 19 S., Range 24 consisting of 58 lots and owned by Lyman F. and Marjorie Rosendahl and Charles A. and Althea Fassen.  Title Opinion from Inland Abstract & Title Company and Lawyers Title Insurance Company policies X269-319, FE 31997, W462-275, and W462-277 show the title to be in order.  Letter from the County Engineer that percolation and soil analysis results are satisfactory and recommend the subdivision for septic tank type sewage disposal was filed.  Attorney Duncan advised County access road is directly connected with the subdivision and the streets are sufficient widths.

On motion of Commr. Dykes seconded by Commr. Livingston and carried, the plat of Picciola Highland Estates was approved and accepted for record.

It now being the time advertised to hold a public hearing to consider the vacation of a portion of Beauclair Subdivision and there being no objections or complaints, motion was made by Commr. Dykes seconded by Commr. Livingston and carried, a Resolution was adopted vacating and cancelling for record the following described portion of plat:

That portion of Beauclair Subdivision lying South of the South right of way line of State Road 448 and lying West of the Channel of the Apopka-Beauclair Canal, including Lots 1 to 21 inclusive, and all streets and portions of streets therein included.

 

A plat of Beauclair Subdivision was originally filed in the public records of Orange County, Florida and recorded in Plat Book A, Page 112, and a certified copy thereof filed and recorded in the public records of Lake County, Florida, in Plat Book 1, Page 48.

 

roads – county

Mr. Getford and Horace A. Lasater, Jr. appeared and requested that a road located in the SW ¼ of NW ¼ of Section 26, Twp. 18, Range 27, be declared a public road.  Mr. Lasater stated the road has been maintained by the County and Doug Igou, Sr. is willing to give the County a 35’ right of way to continue the road North.  Attorney Duncan advised it will be necessary to secure proper affidavits to the effect that the road has been public road for twenty years.  The Attorney was instructed to prepare the necessary affidavits and deed for the right of way.

The Engineer presented for the Board’s consideration a map of South Street showing County Road #2-4108 (Holiday Lane) and the need of a culvert from South Street along Road #2-4108 to a private lake owned by P. L. Mellenbruch.  On motion of Commr. Dykes seconded by Commr. Babb and carried, a Resolution was adopted requesting the State Road Department to pay the cost of the installation of the culvert from Secondary Funds.

county property

Mr. Hall asked what action has been taken regarding property of Nathaniel Allen which has been erroneously assessed to the County.  Attorney Duncan filed a letter from the Tax Assessor advising that the corrections have been made on the 1966 Tax Roll and giving correct descriptions of the properties involved.   On recommendation of the Attorney and on motion of Commr. Babb seconded by Commr. Livingston and carried, a Resolution was adopted declaring the following described to be surplus land and authorizing the Clerk to advertise the land for sale, bids to be received on August 8, 1966:

Commence at the North Quarter Corner of Sec. 6, Tp. 19 S., R. 24 E., run thence East along the Section line 520.30 feet to a point, the point of beginning for this tract; thence continuing East a distance of 210 feet, thence run South 210 feet, thence run West 210 feet, thence run North 210 feet to the point of beginning.

It now being the time advertised to hold a public hearing to consider the exchange of the following tracts of land owned by Lake County and not needed for County purposes, in exchange for a fifteen year lease on land owned by Maurice E. and Katherine C. Day:

Commence at the South Quarter Corner of Sec. 24, Tp. 18 S., R. 25 E., run thence North 619.25 feet, thence run West 25 feet to the point of beginning; thence run North 282.50 feet, thence run West 436.50 feet, thence run South 282.50 feet, thence run East 436.50 feet to the point of beginning;

RESERVING unto the Grantor the right to excavate the remaining clay in the South 60 feet thereof.

Commence at the South Quarter corner of Sec. 24, Tp. 18 S., R 25 E, run thence North 519.25 feet, thence run West 25 feet to a point, the point of beginning for this tract, thence run North 100 feet, thence run West 436.50 feet, thence run North 282.50 feet, thence run Wet 100 feet, thence run South 382.50 feet, thence run East 536.50 feet to the point of beginning.

No one appearing in objection to the above exchange, Right of Way Agent Dillard presented signed lease and advised the owners, Mr. and Mrs. Day have requested that the deeds to the property be withheld until another legal matter can be settled.

Action on the above was deferred until the deeds can be released on motion of Commr. Dykes seconded by Commr. Babb and carried.

deeds

On recommendation of the Right of Way Agent and on motion of Commr. Dykes seconded by Commr. Babb and carried, deeds conveying the following described properties to Lake County were accepted and ordered recorded upon the public records:

GRANTORS:  Carl E. Henderson and wife, Sadie M. Henderson

All that part of the East 990 feet of the Northwest ¼ of the Northeast ¼ of Section 34, Township 21 South, Range 26 East, lying within 25 feet, at right angles, of the following described centerline:

Commence at the Northwest corner of Section 34, Township 21 South, Range 26 East; thence run South 89°29’30” East, 1073.2 feet; thence run South 0°30’30” West, 336.5 feet to Point of Beginning; thence run South 89°29’30” East, 1312.19 feet; thence run South 62° 18’ East, 667.07 feet; thence run South 0°31’ West; 253.60 feet; thence run South 48°00’45” East, 124.02 feet; thence run South 89° 45’15” East, 178.42 feet; thence run North 81°05’45” East, 157 .00 feet; thence run South 89°45’15” East 538.37 feet; thence run South 0°14’45” West, 990.67 feet to a Point of Intersection on this centerline.

GRANTORS:  O. W. Struthers and wife, Roberta D. Struthers; and Alice Y. Stephenson

All that part of the Northeast ¼ of the Northeast ¼ of Section 34, Township 21 South, Range 26 East, lying within 25 feet, at right angles, of the following described centerline:

Commence at the northwest corner of Section 34, Township 21 South, Range 26 East; thence run South 89°29’30” East, 1073.2 feet; thence run South 0°30’30” West, 336.5 feet to Point of Beginning; thence run South 89°29’30” East, 1312.19 feet; thence run South 62°18’ East 667.07 feet; thence run South 0°31’ West, 253.60 feet; thence run South 17°14’ East, 81.90 feet; thence run South 0°31’ West 271.96 feet; thence run South 48°00’45” East, 124.02 feet; thence run South 89°45’15” East, 178.42 feet; thence run North 81°05’45” East, 157.00 feet; thence run South 89°45’15” East 538.37 feet; thence run South 0°14’45” West, 990.67 feet to a Point of Intersection on this centerline.

zoning

On recommendation of the Planning Director and on motion of Commr. Babb seconded by Commr. Livingston and carried, the Board authorized a public hearing for August 1, 1966 to consider a proposed amendment to the Zoning Regulations.

The Zoning Director reported on notice from Orange County of change of zoning classification from A-1 (Citrus Rural) to A-2 (Ranch and Farmland Rural) on property located ¼ mile North and 8/10 mile West of Zellwood-Round Lake Road and County Road 49 (1/4 mile North of Hampton Dubose Academy), that said change will not affect the abutting property owned by Lake County.

appointments

The Chairman presented letter from the Governor’s office advising that Paul B. Brown has resigned from the Oklawaha River Basin Water Management Board and requests recommendation to fill the vacancy.  The Attorney was instructed to contact the Oklawaha Water Authority for a recommendation.

road closings

The Attorney submitted petition to close the following described street signed by Joe Bonds and James Carroll; whereupon, on motion of Commr. Babb seconded by Commr. Dykes and carried, a Resolution was adopted accepting the petition and authorizing a public hearing to be held on August 1, 1966:

That part of Tenth Avenue according to the Plat of Umatilla Turpentine Company Subdivision recorded in the public records of Lake County, Florida, in Plat Book 10, Page 62, lying East of the East line of Church Street extended North across Tenth Avenue, and running thence West to the Drainage Canal crossing Tenth Avenue between Lot 40 according to Merrill-Vaughn Subdivision, as shown by Plat Book 4, Page 23, public records of Lake County, Florida, and Lot 10 of Umatilla Turpentine Company Subdivision.

It now being the time advertised to hold a public hearing to consider the closing of a dedicated road in Tremains Subdivision, Commissioner Livingston moved that same be deferred until right of way is secured from Mr. Getford for a County Road in the vicinity of the dedicated road Mr. Getford wants closed.  The motion was seconded by Commr. Babb and carried.

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.

tax assessment

Mr. John May, Inland Abstract & Title Company and Mr. John A. Timmerman appeared regarding separate assessments in 1941 on a house and lot located in East ¾ of North ½ of Northwest ¼ in Section 5, Twp. 24, Range 25.  Mr. May advised tax certificate #653 of 1941 was issued on the building and the County foreclosed on it in June 1945.  There was no building on the property when Mr. Timmerman purchased the property in 1950, however, there is a cloud on the title and would like it cleared up.  The Tax Assessor was present and advised the separate assessments were first made in 1939.

On recommendation of the County Attorney and on motion of Commr. Dykes seconded by Commr. Babb and carried, a Resolution was adopted declaring the building is no longer in existence and the County has no claim on the property and quit claim deed was authorized executed in favor of Mr. Timmerman.

tax delinquent

Applications from Robert L. Brown for duplicate Tax Sale Certificates No. 59, 65, and 274, all dated June 1, 1965 were approved on motion of Commr. Livingston seconded by Commr. Dykes and carried.

tax assessor

Certificates of Errors and Corrections on the 1965 tax roll numbered 201 – 205 were approved on motion of Commr. Dykes seconded by Commr. Babb and carried.

zoning

Mr. Neil Haber of Parkwood Construction Co., Inc., Cocoa, appeared and advised he is a builder of low cost homes financed through FHA.  It is necessary to have the signature of a County Official on Certificate of Eligibility (FHA Form 3476) before applications can be approved.  Mr. Haber advised he has discussed this with the Zoning Director.  Chairman Theus stated the Board will discuss same with Mr. Webb and instructed Mr. Duncan to review the FHA forms filed by Mr. Haber.

soil survey

On motion of Commr. Dykes seconded by Commr. Livingston and carried, the Chairman and Clerk were authorized to execute supplement to the Soil Survey Contract amending effective dates to cover period July 1  - September 30, 1966.

Memorandum from Walter Shaffer, Soil Conservationist, advising that to date 328,375 acres have been mapped and correcting number of soils’ men working in the County to seven.

licenses and permits

On motion of Commr. Livingston seconded by Commr. Babb and carried, bonds for carrying firearms for the following were approved:

            A. B. Bauknight

            Henry B. Adams

 

Use Permit No. 82 to Florida Telephone Corporation was filed by the Right of Way Agent.

Copy of a letter from the Game & Fresh Water Fish Commission to the Southwest Florida Water Management District regarding dredging permit in Lake Griffin for Ernest Ruppert, J. R. Fretwell, and Ruppert Fussell was read and filed.

bonds – misc.

On motion of Commr. Babb seconded by Commr. Livingston and carried, Deputy Sheriff bond for Perry Duane Ivie was approved.

county depositories

On motion of Commr. Babb seconded by Commr. Livingston and carried, the Citizens National Bank of Leesburg was designated as depository for the Northwest Lake County Hospital District.

legislation

Copy of proposed Bill regarding ambulance service was referred to the County Attorney for study.

STATE AGENCIES

The Clerk presented for filing a letter from the State Board of Health setting out established rental prices on ground fogging equipment.

Clerk Owens presented letter and Resolution from Orange County to the Game and Fresh Water Fish Commission requesting that Lake Beauclair and Lake Carlton be designated as fish management lakes.

federal agencies

On motion of Commr. Dykes seconded by Commr. Babb and carried, the Chairman was authorized to execute release to United States Department of Agriculture allowing low flying airplanes during the fire ant application in Lake County.

roads – state

Clerk Owens presented right of way contract, State Road Department Resolution and map of survey and location on Section 11515, including Palatlakaha River Bridge and approaches in Section 11, Twp. 21 S. Range 24 E.; whereupon, on motion of Commr. Babb seconded by Commr. Livingston and carried, a Resolution was adopted whereby the County agrees to furnish the necessary rights of way, borrow pits and easements for said road and authorizing the County Attorney to proceed with condemnation proceedings.  The Chairman and Clerk were authorized to execute the right of way contract.

outdoor recreational facilities

Two Resolutions from the Tavares Chamber of Commerce were read with reference to the naming of the proposed recreation area on Lake Eustis as the “Tavares Recreation Park on Lake Eustis,” and naming the expanse of right of way on both sides of State Road 19 between Old and New 441 as the “Fred Shelby Wayside Park.”  The Clerk was instructed to forward copies of the Resolution to the State Road Department requesting their consideration of same.

Notice from the State Road Department was read and filed advising that S. M. Wall Company was low bidder for the work on the Wayside Park at Lake Eustis West of Tavares in the sum of $93,050.40.

state road department

The Clerk submitted for filing statistical report from the State Road Department dealing with the source and application of all public funds on Florida Roads and Allied Road Functions during the calendar year 1964.

complaints

Letter from Phillip Simcic complaining of condition of Atlantic Avenue in Mascotte was referred to Commr. Cowart and Engineer Hays.

hospitals

On motion of Commr. Dykes seconded by Commr. Babb and carried, the action of the Chairman and Clerk in approving petition to the Southwest Florida Tuberculosis Hospital for Lloyd Henry Moat was approved; also, petition for Cilla Taylor Fowler was approved to the W. T. Edwards Tuberculosis Hospital.

Notices from the Hospital advising the following patients were discharged with medical advice were filed:

            Albert Watkins, Jr.                 -           June 14, 1966

            Wm. Hampton Flemings        -           June 24, 1966

 

Attorney Duncan reported he is in receipt of correspondence from the Attorney General and the attorneys for the bonding company with reference to the Waterman Memorial Hospital bond issue, which will be discussed when more information is received from Mr. Kirk Gunby in Deland.  Clerk Owens advised he has talked with Mr. Gunby and expects to hear from him within a week or two.

ACCOUNTS ALLOWED

On motion of Commr. Dykes seconded by Commr. Livingston and carried, the payrolls for the month of June were approved.

Clerk Owens submitted request from the Child Welfare Supervisor for a window air-conditioning unit for the office of receptionist and clerk in the Pioneer Building.  Motion was made by Commr. Dykes seconded by Commr. Babb and carried, authorizing the Engineer to secure prices on a window unit and have same installed.

Request from the Sheriff to transfer $3,000 from Contingency Item to Equipment to purchase Polygraph machine and car radio unit was approved on motion of Commr. Babb seconded by Commr. Livingston and carried.

On motion of Commr. Livingston seconded by Commr. Dykes and carried, request from the Agricultural Agent was approved for travel expense in the sum of $115.60 for 4-H members to attend camp August 1 – 5.

On motion of Commr. Babb seconded by Commr. Dykes and carried, purchase of mailing machine from Pitney Bowes, Inc. in the amount of $901.75 was approved for the office of Supervisor of Elections.

On recommendation of the Engineer and on motion of Commr. Dykes seconded by Commr. Livingston and carried, the Engineer was authorized to purchase trash pump and cost, cost not to exceed $500.00.

communications

Letter from the Florida Assn. of Civil Service & Personnel Agencies regarding Conference being held at the Roosevelt Hotel on July 1 – 15 in Jacksonville was filed.

reports

The following monthly reports were filed:

Planning, Zoning and Building Department

Surplus Commodity Warehouse Supervisor

Veterans Service Officer

 

meetings

The Clerk advised the Board members of meeting Thursday, July 7th at 9 o’clock A.M. to consider tentative budget.

There being no further business to bring before the Board, the meeting adjourned at 3:00 o’clock P.M.

 

___________________________________                                                                                                                                      ______________________________

CLERK                                                                                                                                                                                               CHAIRMAN