MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS

 MONDAY – may 8, 1967

The Lake County Board of County Commissioners of Lake County, Florida, met in regular session in the Commissioners’ Room in the Courthouse in Tavares on Monday, May 8, 1967 at 10:00 a.m. with the following members present:  Chairman Dykes, Commrs. Theus, Cowart, Livingston and Babb.  Others present were Clerk Owens, County Attorney Duncan, County Engineer Hays, Zoning Director Webb, and Deputy Clerk Norma Coven. 

The meeting was called to order by the Chairman and the invocation was given by Mr. Webb.

bids

It now being the time advertised to receive bids for painting and repairs to two County Barns, the Chairman directed the Clerk to open and tabulate the bids, whereupon, the Clerk reported receiving bids from the following:

            Adair-Robertson Construction Co. (Bid Bond attached)

                        District No. 2 Barn                 $2,130.00

                        District No. 5 Barn                   3,750.00

           

Sterling H. Huggins (No Bid Bond attached)

                        District No. 2 Barn                 $   595.00

                        District No. 5 Barn                   1,465.00

On motion of Commr. Babb, seconded by Commr. Cowart and carried, the bids were

rejected and the Engineer was instructed to readvertised the District No. 5 Barn, and to request Mr. Huggins to resubmit a price on the District No. 2 Barn, since his price was under $1,000.00.

indigents

On motion of Commr. Livingston, seconded by Commr. Theus and carried, the following change was made to the present indigent list:

            Marcellus Wilkinson – expired 4/3/67.

Courthouse

Howell Hopson, Architect, appeared and presented plans for changes to the Office of the County judge, estimation of cost $1200.00.  On motion of Commr. Livingston, seconded by Commr. Babb and carried, the plans were approved and the Clerk was instructed to advertise bids for June 5, 1967.

County property

On motion of Commr. Livingston, seconded by Commr. Babb and carried, the Board declared the following described property to be surplus and authorized the sale of the said property:

            All of Block B’

            All of Block C’

            Lots 5 to 8 inclusive in Block D

            Lots 5 to 12 inclusive in Block 3

            All of Block 4

            All of Blocks 5 and 10 (shown as Palm Lake)

            All of Block 11

            Lots 5 to 12 inclusive in Block 12

All according the Plat of Clifford Park in the City of Eustis, Florida, as appears in Plat Book 5, Page 20, Public Records of Lake County, Florida.

Complaints

Mr. Arthur C. Faber of Lady Lake appeared and complained of a tractor that has been parked on the county right of way for several months, which is a hazard to traffic.  Commr. Theus stated he will contact the road superintendent and instruct him to notify the owner of the tractor to have same removed.

Roads – county

Mr. Faber further stated Griffin View Road needs to be widened to provide a parking area for cars to pull off the road while tourists view the scenery.  Commr. Theus said it will be necessary for the adjoining property owners to give the County the right of way or an easement in order to construct the parking area.

Engineer Hays presented tentative list of road priorities to be constructed or improved through September 30, 1968.  The list was approved as submitted with the following changes; on motion of Commr. Theus, seconded by Commr. Babb and carried:

            Delete Keen road #5-8165

            Add Alco Road #5-9587

            Add Lake Tavares Road (Anderson Drive) #3-4353

On motion of Commr. Theus, seconded by Commr. Cowart and carried, the Board authorized that the following roads be surfaced with asphaltic concrete and bids on same be advertised for June 12th:

            Hazelton Heights #5-6361

            Charlotte Avenue #4-5060

            Seminole Avenue #4-4960

The Engineer submitted revised procedures for constructing county roads and same was approved on motion of Commr. Theus, seconded by Commr. Cowart and carried, the revision to be incorporated in the County Policy Manual.

Chairman Dykes stated with regard to the Williams Road that the Board voted not to construct on May 1, 1967, the right of way was donated to the County with the provision that the road will be built and if we are not going to build the road, do not think we should accept this much right of way.

The Engineer advised J. Clyde Bailey will donate a 15’ easement for a road bordering the Sumter County line if the County will relocate the road in order for him to erect a pasture fence.  Discussion revealed a majority of the property is in Sumter County, and Commr. Theus and the Engineer will present this question to the Sumter County Board.

Contracts and agreements

Attorney Duncan advised Marion County has approved the form of the contract for Lake County to maintain certain Marion County roads which adjoin Lake County roads, whereupon, on motion of Commr. Babb, seconded by Commr. Cowart and carried, the Chairman and Clerk were authorized to execute the contract.

Chairman dykes stated he is opposed to the Board setting this precedent.  The Attorney advised this is a case where the Marion County roads connect with Lake County roads.

On motion of Commr. Babb, seconded by Commr. Theus and carried, the Chairman and Clerk were authorized to execute contract with the Division of Geology of the State Board of Conservation and the Oklawaha Water Authority for a water resources investigation, and also authorized the payment of the invoice in the amount of $4,000.00, Lake County’s proportionate share from October 1, 1966 through September 30, 1967.

Prisoners

The Engineer stated we have requests for the prisoners to do cleanup work at Camp LaNoChe and Camp Challenge.  On advice from the County Attorney, the Clerk was instructed to request temporary easement and permit granting the County permission to enter on the property and do the work required.

Condemnation proceedings

The Attorney presented for approval bills on condemnation suits as follows:

            Law Case #7150 – Shadley – SR 25              $   500.00

                             #7434 – Bart       - SR 473               3,673.04       

                             #7401 – Lay        - SR S-468           8,106.85

On motion of Commr. Cowart, seconded by Commr. Babb and carried, the bills were approved for payment by the State Road Department from Secondary Funds.

Clerk Owens advised funds are budgeted for condemnation proceedings on the Dora Canal and inquired of the Attorney the status of the case.  Mr. Duncan said he can settle out of Court with one party but cannot reach a settlement with Ralph Jones.

Roads – state

The Attorney was instructed to request title search on SR 19 from the depot in Umatilla North to Altoona.

Right of way easements – except roads

Motion was made by Commr. Theus that the County accept a temporary easement form Jim Boyt from SR 25 to Lake Harris for drainage purposes, until the City of Leesburg permanently locates a new street.  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 1:15 o’clock P.M. to take up the remaining items of business.

State road department

Clerk Owens reported he talked with the comptroller for the State Road Department relative to expenditures on Lake-Sumter Junior College Streets, and he advises the estimate for the work was low and the difference had to come out of the County’s secondary funds.

Chamber of commerce

Commr. Theus presented resolution from the Leesburg Chamber of Commerce recommending an evaluation of the County Chamber of Commerce; whereupon, on motion of Commr. Theus, seconded by Commr. Babb and carried, the Clerk was instructed to request the United States Chamber of Commerce to send a representative to Lake County for the purpose of making a survey and evaluation of Lake County Chamber of Commerce.

inventory

On motion of Commr. Babb, seconded by Commr. Livingston and carried, the following equipment was declared obsolete and of no value and ordered removed from the property records:

            Property Record No. 3311 – Examining Table

            Property Record No. 3663 – Snapping Turtle Mower

Tax delinquent

Application from Paul Neeld for duplicate Tax Certificate No. 217 dated June 1, 1964 was approved on motion of Commr. Theus, seconded by Commr. Cowart and carried.

Laws and legislation

The Clerk presented memorandum from the State Association of County Commissioners requesting opposition to Senate Bills 216 and 218, relative to distribution of race track funds.  On motion of Commr. Babb, seconded by Commr. Livingston and carried, the Clerk was instructed to wire the legislative delegation opposing the above listed bills.

Also, questionnaire was read by the Clerk from the State Association regarding the 7th cent of the second gas tax, and on motion of Commr. Theus, seconded by Commr. Livingston, the Board voted to support the 75/25 distribution or a compromise amendment calling for a 50/50 division.

Bulls submitted by Terrell Sessums with reference to pari mutual funds distribution were opposed by the Board.

petitions

Petition signed by residents of Bassville Park requesting improvements to California Street, Palm Lane and Coronado road was denied on motion of Commr. Babb, seconded by Commr. Cowart; and the Engineer was instructed to advise the petitioners to apply for street improvement under the special act 63-1505.

It now being the time advertised to hold a public hearing on a petition for resurfacing streets in Sylvan Shores Subdivision under authority of Chapter 63-1505, Laws of Florida, 1963, the Chairman called for interested persons to be heard at this time.

Mr. Harry Fogg announced he has received three additional names to add to the petition if necessary.  The Chairman stated the petition already has the required percentage of signers.

Mr. Harry Holstein appeared and requested that the barricade be removed from Washington Street.

No one appearing in person to oppose the petition, the Clerk presented letters from the following objecting to the resurfacing as required by the Act:

            Francis J. Dennis

            William P. Baum

            Arthur R. Truitt

            Dr. Vernon F. Sherrard

            Frank M. Bedinger

            Roy S. Williams

            H. F. Bickhard

            Jessie B. Hansen

On motion of Commr. Livingston, seconded by Commr. Babb and carried, the Board adopted a resolution accepting the petition and approving the resurfacing of the North-South street, excluding the intersections, along with the East-West Streets, in accordance with map prepared by the Engineer, and authorizing that bids for the work be advertised, and further authorizing a preliminary assessment roll containing the property described and assessment costs against each lot or parcel of land abutting such improvement, be prepared, in accordance with Chapter 63-1505.

Zoning

On recommendation of the Planning and Zoning Commission and on motion of Commr. Livingston, seconded by Commr. Theus and carried, a resolution was adopted amending the Zoning Rules and Regulations as they pertain to the following tracts of lands, to the classifications designated after each description:

From the SE corner of the SW 1/4 of SE 1/4 of Sec. 25, Twp. 20 S., Rg. 24 E., run North 0°13’30” West along the East line of said SW 1/4 of SE 1/4 for 620 feet; thence South 89°45’40” West, parallel to the South line of said SW 1/4 of SE 1/4 for 127 ft. to POB; run thence North 0°13’30’ West, 519.66 feet; thence North 79°21’30” West for 241.47 feet to the Easterly R/W line of U.S. Highway No. 27, thence Southeasterly along said R/W 575.20 feet, more or less, to a point that is South 89°45’40” West of the POB; thence North 89°45’40” East, 135.92 feet, more or less, to the POB, now

classified and zoned as A (Agriculture), be, and the same is hereby amended, changed and rezoned as C-1 (Commercial).

Lots 6 and 7, block 6 in Indian Hill, a subdivision as recorded in Plat Book 8, page 28, Public Records of Lake County, Florida, now classified and zoned as C-2 (Commercial) and R-1-A (Residential), be, and the same is hereby amended, changed and rezoned to

classification R-3 (Mobile Home Park Subdivision).

            All of fractional Section 30, Township 18, South, Range 25 East, now classified and zoned as R-1-A (residential), b, and the same is hereby amended, changed and rezoned to Classification A (Agriculture).

The East 1/4 of the South 1/2 of Government Lot 7 in Section 5, township 18 South, Range 24 East, now classified and zoned as R-1-A (Residential), be, and the same is hereby amended, changed and rezoned to Classification A (Agriculture).

Lots 2 and 3 in Block 47 in the Town of Astor, according to the plat thereof as recorded in Plat Book 2, page 12, Public Records of Lake County, Florida, now classified and zoned as R-1 (Residential), be, and the same is hereby amended, changed and rezoned to Classification C-1 (Commercial).

Begin at the intersection of the South boundary of SR 48 and the West boundary of U.S. Highway 27 in Section 14, Township 20 South, Range 24 East; run West along said South boundary of SR 48 a distance of 125 feet; thence run South 640 feet; thence run East to a point that is 200 feet at right angles from the Westerly right of way line of U.S. Hwy 27; thence run Southeasterly parallel to the West right of way line of U.S. Hwy 27 to the North right of way line of A.C.L. railroad; thence run East to the West boundary of U.S. Hwy 27; thence Northwesterly along the right of way of U.S. Hwy. 27 to Point of Beginning.

AND: Begin at the intersection of the South boundary of SR 48 and the East boundary of U.S. Hwy 27 in Section 14, Township 20 South, Range 24 East; run East along said South boundary of SR 49 a distance of 200 feet; thence run Southeasterly parallel to the East right of way line of U.S. Hwy. 27 to the North right of way line of A.C.L. Railroad; thence run West to the East boundary of U.S. Hwy. 27; thence Northwesterly along the right of way of U.S. Hwy. 27 to Point of Beginning, now classified and zoned as R-1 (Residential), be, and the same is hereby amended, changed and rezoned to Classification C-1 (Commercial).

Lots 6 and 7, Brennand Subdivision, as recorded in Plat Book 12, Page 81, Public Records of Lake County, Florida;

ALL of lot 5, Umatilla turpentine Company’s Subdivision as recorded in Plat Book 10, Page 62, Public Records of Lake County, Florida;

Lots 25 and 26, W. G. Whidby’s Subdivision, as recorded in Plat Book 10, Page 85, Public Records of Lake County, Florida, now classified and zoned as R-3 (Mobile Home Park Subdivision), be, And the same is hereby amended, changed and rezoned to R-1 (Residential).

Sec. 26, Twp. 19 S., Rge. 26E.:

            W 100 ft of E 162.87 ft of N 200 ft of Gov Lot 3;

            AND:

Beg 250 ft. S of NE cor of Gov Lot 3, run S 621.54 ft to Hwy, SW’ly along Hwy 578.7 ft. N 333.83 ft, W 204.21 ft. Beg again at POB, run W 764.67 ft, S 200 ft, E 13.65 ft, S to intersect first line;

            AND:

            W 100 ft of E 262.87 ft of N 200 ft of Gov Lot 3;

            AND:

            W 200 ft of E 462.87 ft of N 200 ft of Gov Lot 3;

            AND: 

            N 200 ft of W 100 ft of E 562.87 ft of Gov Lot 3;

AND:

Beg 200 ft S and 564.67 ft W of NE cor of Gov Lot 3 for POB. Run N 200 ft, W 200 ft, S 200 ft, E 200 ft to POB;

ALSO:

All that part of Gov Lots 2, 3, 6 and 7 of Sec. 26, Twp. 19S., Rge. 26E. bounded on the North bythe South boundary of Sec. 23, Twp. 19S., Rge. 26E.; on the East by the Gunshop Road (County Rd #3-4260) and State Rd 19-A; on the South by Old U.S. 441 and on the West by Lake Saunders,

            LESS AND EXCEP THE FOLLOWING DESCRIBED PARCELS:

Beg on W line of Gleneva Rd 500 ft S and 767.09 ft W from N 1/4 cor of Sec. for POB. Run W 349.77 ft, S 186.97 ft, S 88°15’ E 350 ft to road N’ly along road to POB;

AND:

From NE cor of Sec run W 2310 ft, S 35°W 1329.1 ft, N 87°30’ W 284.8 ft for POB, run S 150 ft, W 226.45 ft, N 150 ft, S 87°30’ E 226.6 ft to POB,

            AND:

From NE cor of Sec run W 2310 ft, S 36° W 1342 ft, W 284.8 ft, S 150 ft to POB. Thence W 225 ft, S to E line of Gov Lot 6, N 36° E 384.5 ft, N to POB;

AND:

From NE cor of Sec run W 2310 ft, S 36° W 2164.8 ft, S 35° W 22.4 ft, N 297.7 ft for POB. Run W 159.1 ft, N 395 ft, E 159.25 ft, S 388 ft to POB;

            AND:

From 2310 ft W of NE cor of Sec, run S 36° W 2164.8 ft, S 35° W 528.2 ft for POB. Run N 169 ft, W 75.07 ft, N 5°20’ E 450.68 ft, N 35° E 286.3 ft, S 139.9 ft, E 19.1 ft, S 297.7 ft, SW’ly to POB;

                        AND:

Beg on E line of Gov Lot 6, 2693 ft SW of NE cor of said lot, run N 169 ft for POB. Run N 496 ft, S 35° W 57.1 ft, S 5°20’ W 450.68 ft, E 75.07 ft to POB;

                        AND:

Beg on E line of Gov Lot 6, 2693 ft SW of NE cor of said lot, run N 169 ft, W 75.07 ft, S 5°20’ W 214.22 ft, N 65° E 104.8 ft to POB less road;

                        AND:

From NE cor of Sec run W 2310 ft, S 36° W 1329.10 ft, N 87°30’ W 663.43 ft, S 273.5 ft, S 35° W 286.3 ft, S 5°20’ W 302.6 ft for POB. Run S 5°20’ W 347.3 ft, N 79°41’ W 200.51 ft, N 5°20’ E 320 ft, S 87°30’ E 200 ft to POB;

                        All of the above in Sec. 26, Twp. 19S., Rge 26E.

now classified and zoned as R-1 (Residential) and C-2 (Commercial), be, and same is hereby amended, changed and rezoned to R-3 (Mobile Home Park-Subdivision).

            On recommendation of the Planning and Zoning Commission and on motion of Commr. Babb, seconded by Commr. Livingston and carried, the Board authorized a public hearing for June 12, 1967 at 2:00 o’clock P.M. to consider a proposed amendment to Section II of the Zoning Regulation.

Budget

Zoning Director Webb requested permission to submit separate budgets for the Planning and Zoning Department and for a proposed new Building Department, which will be created if House Bill 770 is passed.  On motion of Commr. Livingston, seconded by Commr. Babb and carried, Mr. Webb was authorized to submit separate budgets subject to the enactment of House Bill 770.

Maps and plats

L. R. Busk appeared relative to plat of The Forty-Eight Estates.  Mr. Busk advised the street markers have been prepared and will be erected, and presented Title & Trust Company of Florida Policy FE89115 showing title vested in L. R. Busk and no mortgages against the property.  Letter form the Engineer approving the subdivision for septic tank type sewage disposal provided the tanks and drain fields are placed on the high side of the lots.  On motion of Commr. Theus, seconded by Commr. Babb and carried, the plat was approved and ordered recorded upon the public records.

Clerk Owens informed the Board the information from the County Engineer relative to plats approved at the last meeting show that no street markers have been erected in any of the subdivisions.  Attorney Duncan stated he has been advised the street markers have been erected in Holiday Haven Campsites, Inc. and the connecting road is a public road.

meetings

Chairman Dykes announced the Board members and Attorney have been invited to attend a meeting at the State Road Department in Deland on Tuesday, May 9th at 10:00 A.M., and urged all members to be present.

Checks received

On motion of Commr. Babb, seconded by Commr. Livingston and carried, the following checks were accepted as current refunds for temporary easements:

                        Wallace Pike                           $250.00 SR S-48

                        Lay Laine Corp.                        520.00 SR S-48

                        Lay Laine Corp.                        410.00 SR S-48

                        W. A. Keen and Opal Keen        48.00 SR S-48

                        W. A. Keen and Opal Keen      190.00 SR S-48

Check in the amount of $780.70 from the Clerk of Circuit Court was accepted on motion of Commr. Livingston, seconded by Commr. Babb and carried, same being the balance from advance to pay State Trial Witnesses for the Fall Term of Court.

Funds – transfer

On motion of Commr. Babb, seconded by Commr. Theus and carried, transfer of $4,000.00 was approved from Account #676-13 to Account #689-7.

Road and bridge

On motion of Commr. Theus, seconded by Commr. Cowart and carried, the Engineer was instructed to place asphalt storage tank to the back of the Agricultural Center property until a more permanent location can be found.

Accounts allowed

The Engineer was authorized to secure three proposals for an air compressor at the District No. 4 Barn, on motion of Commr. Livingston, seconded by Commr. Cowart and carried.

On motion of Commr. Babb, seconded by Commr. Livingston and carried, expenses incurred by Emery Dillard, Right of Way Agent, in the amount of $26.03 were approved.

The Clerk submitted three proposals for electric adding machine to be used by the State Auditors and advised the auditors recommend machine from Lake Office Equipment, Inc. in the amount of $304.20, less $20.20 trade-in on Sundstrand Adder.  Motion was made by Commr. Cowart, seconded by Commr. Babb and carried, accepting the bid of Lake Office Equipment, Inc. as the lowest and best bid.

Request form the Grand Island Community Club for $45.00 rent and $7.00 electric bill covering period of three special elections, was approved on motion of Commr. Babb, seconded by Commr. Cowart and carried.

Request from Thompson Bros. Construction Company for partial payment in the sum of $3,007.80 work performed on Nursing Home was approved on motion of Commr. Theus, seconded by Commr. Babb and carried.

Statement from Jack Jones, Architect, in the amount of $1,245.96, architect’s fee on Nursing Home was approved on motion of Commr. Theus, seconded by Commr. Livingston and carried.

Payment to the Lake County Development Commission in the sum of $2500.00 was approved on motion of Commr. Babb, seconded by Commr. Cowart and carried.

On motion of Commr. Babb, seconded by Commr. Livingston and carried, the Clerk was authorized to redeem delinquent tax certificate #500 dated June 1, 1965, in the amount of $49.74, if the owner does not redeem same on or before June 5, 1967.

Statement from True Temp, Inc. in the amount of $866.76, being $328.10 on service contract and $538.66 for additional repairs to heating and cooling units in county buildings, was approved by Commr. Theus, seconded by Commr. Cowart and carried.

Proposals from True Temp, Inc. to repair two circuits to air cooled condensers on the roof of the Agricultural Building in the sum of $175.00 and to repair fan motor in unit located in the kitchen of the Nursing Home in the sum of $75.00 were approved on motion of Commr. Babb, seconded by Commr. Theus and carried.  Proposal to replace window type air conditioner at the Nursing Home was disapproved and the Clerk was instructed to secure proposals for a new unit.

Reports

The following monthly reports were filed:

                        Planning, Zoning and Building Department

                        Welfare Director

Minutes

On motion of Commr. Theus, seconded by Commr. Cowart and carried, the minutes of the regular meetings held April 3 and April 10, and special meetings held April 17 and April 25 were approved as submitted.

There being no further business to bring before the Board, the meeting adjourned at 4:15 o’clock P.M.

 

___________________________________                          ______________________________

CLERK                                                                                   CHAIRMAN