REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS on
MONDAY – january 14, 1963
The regular meeting of the Board of County Commissioners met in the Commissioners Room of the Courthouse at Tavares on Monday, January 14, 1963, at ten o’clock A.M. with the following present:
Chairman Dykes, Commissioners Theus, Cowart, Livingston, Babb; and Attorney Duncan and Clerk Owens.
The meeting was called to order by Chairman Dykes.
The invocation was given by Commissioner Theus.
Motion by Mr. Theus, seconded by Mr. Cowart, and carried, that the following names be added to the present indigent list:
DISTRICT #1 – Mr. Ed Daniels, c/o Mrs. Nettie Morris, 2319 Westside Dr., Leesburg $25.00
Mr. & Mrs. James Clack, 7 Cauthen Circle Leesburg, $40.00
DISTRICT #2 – No change
DISTRICT #3 – No change
DISTRICT #4 – No change
DISTRICT #5 – No change
bids having been advertised for the crawler tractor for the mosquito control
The following bids were received:
RICHARDSON TRACTOR CO. 1 – Allis-Chalmers Model HD-7G Diesel Tractor Shovel equipped with Ulrich bucket multi-purpose $19,234.00
Alternate bid equipped with general purpose bucket $17,647.00
STATE TRACTOR & EQUIP. Co., Inc. – International Model 175 Loader $19,950.00
Less cash discount $399.00
JOS. L. ROZIER – Caterpillar 955 Traxcavator, with multipurpose bucket $21,237.00
If standard bucket – deduct $1,635.00
Motion by Commissioner Cowart, seconded by Commissioner Babb and carried, that the bids be turned over to the County Engineer and Fred Tanner for tabulation and recommendation to the Board.
Later, Mr. Hays and Mr. Tanner appeared and recommended that the Board accept the bid of State Tractor & Equipment Co., Inc., although this is not the low bid. Mr. Hays explained that the equipment attached to the loader exceeds the specifications and he and Mr. Tanner believe the International product will meet the requirements of the Mosquito Control best; whereupon, on motion by Commissioner Babb, seconded by Commissioner Cowart, and carried the following resolution was adopted:
Whereas, after due notice, Lake County received bids for a crawler tractor for the benefit of the Mosquito Control Department of Lake County, and received three bids and
Whereas, State Tractor & Equipment Company submitted a bid to sell a crawler tractor as set forth in Notice to Bidders, for $19,551.00 and
Whereas, after examination of the bids, and the specifications submitted, and considering the same for the uses for which a crawler tractor is required, the County Commissioners have concluded that the bid of State Tractor & Equipment Company for $19,551.00 constituted the lowest and best bid for the specific purposes for which said equipment is used;
Now, therefore, be it resolved by the Board of County Commissioners of Lake County, Florida, that the bid of State Tractor & Equipment Company, offering to sell Lake County, a crawler tractor for mosquito control, net figure of $19,551.00, be accepted as the lowest and best bid for said equipment, for the purposes for which it is required.
impreial mobile terrace
Owners Charlie Squibb and wife Gladys Squibb.
Tom Sawyer appeared before the Board and presented plat of Imperial Mobile Terrace, property owned by Charlie Squibb and wife Gladys Squibb, with Title Binder #B 538351 issued by Lawyers Title Insurance Company subject to pole line easement showing that all mortgages have been released and the taxes paid. Mr. Duncan stated the title is in good order and has an access road. Letter from Lake County Health Department dated January 11, 1963 showing acceptance of the property for septic tank installation and copy of letter from R. O. Newman, Engineer, regarding septic tanks were filed. The plat had been approved by the Zoning Department and signed by the owner, whereupon, motion of Commissioner Babb, seconded by Commissioner Cowart, the plat was approved by the Board.
Cecil Stephenson appeared before the Board and advised that he wants to open a road in the Paxton-Somerville Subdivision in Sorrento. After discussion with Mr. Stephenson, motion was made by Mr. Livingston, seconded by Mr. Babb, and carried, that the County Engineer be instructed to make survey of this and check records to find out whether or not the street has ever been closed by petition, also, check records as to title.
commodity program with state dept. of public welfare
Mrs. Myrtle Sudderth, County Welfare Director, advised that the estimated number of persons eligible to come under this program is 5,640. Mr. Owens reported that a warehouse and storage site has been approved by Mr. McCubbin in telephone conversation with him last week and that the old Post Office Building in Tavares has been rented on the basis of $100.00 per month as of February 1, 1963. Motion by Commissioner Babb, seconded by Commissioner Livingston, and carried that the attorney be authorized to prepare one year lease on this building.
Mr. Duncan was requested to review the agreement prepared by the State Department of Public Welfare and advise the Board if same is in order so that the agreement can be completed and returned to Mr. McCubbin with the information of estimated number of recipients in the County.
Later Mr. Duncan advised that the agreement is in order and the agreement was executed by the Chairman and Mr. Owens was instructed to return the agreement to Mr. McCubbin.
applications for commodity supervisor
Applications from Marshall Baker, Umatilla; Joe Sapp, Tavares; and Robert S. Alderman, Mount Dora, for Commodity Supervisor were read by Clerk Owens and on motion by Commissioner Cowart, seconded by Commissioner Babb, and carried, that the Board study the applications and set a salary for this position before deciding on the applicant.
Later Commissioner Cowart moved that the application of Robert S. Alderman be accepted and that he be employed as Commodity Supervisor at a salary of $350.00 per month as of February 1, 1963 and that Mr. Alderman be bonded in the amount of $5,000.00. The motion being seconded by Mr. Livingston and carried, Mr. Owens was instructed to notify Mr. Alderman of his acceptance and also to instruct him to apply for bond.
application for assistant welfare worker
Mrs. Sudderth presented application of Mrs. Lavada Faircloth to work as her assistant during the commodity distribution and stated this party has her recommendation.
Whereupon, on motion by Commissioner Theus, seconded by Commissioner Livingston, Mrs. Lavada Faircloth be employed as assistant to Mrs. Myrtle Sudderth, County Welfare Worker, during the period of distribution of commodities donated by the U.S.D.A. for certified eligible recipients, at a monthly salary of $350.00, plus $75.00 per month travel expense, to begin work on February 1, 1963.
On roll call, the vote by Districts was as follows:
D-1 yes; D-2 yes; D-3 yes; D-4 yes; D-5 yes
On motion of Commissioner Babb, seconded by Commissioner Cowart and carried, the application of Nannie Ardell Coble to the T. B. Hospital was approved, although she is a non-resident of Lake County. See letter attached to application in file (Dist. 3).
Motion by Commissioner Babb, seconded by Commissioner Theus and carried, that the action of the Chairman and Clerk in approving application of George Gordon Johnson to T. B. Hospital be approved.
Mr. Howell Hopson, Architect, appeared with request #4 of David D. Morris, Contractor, for final payment on work completed on the Juvenile Shelter; whereupon, on motion of Commissioner Theus, seconded by Commissioner Babb and carried, the final payment of David D. Morris in the amount of $6,150.06 was approved for payment, subject to release of liens.
Mr. Hopson also presented change order #3 in the amount of $120.11 and requested approval of same; whereupon, on motion of Commissioner Cowart, seconded by Commissioner Theus, and carried, change order #3 for $120.11 was approved.
Mr. Hopson advised that Mr. Polhamus had reported to him that the heating facilities in the first unit of the Juvenile Shelter was inadequate at the time of the recent severe cold spell. Mr. Hopson said he had discussed this with Mr. George Pringle who had installed the furnace in the shelter and who advised him that this was an old furnace and simply would not heat the building in such extreme cold weather. Mr. Hopson recommended that a larger furnace be installed at an estimated expense of $1,000.00. Discussion on this and no action taken – maybe next year this expense can be included in the budget. Mr. Hopson to so advise Mr. Polhamus.
Mr. Hopson reported prices he had received for 90 feet additional fence were $217.05 not installed and $270.44 installed; whereupon, on motion by Commissioner Babb, seconded by Commissioner Livingston, Mr. Hopson was authorized to purchase 90 feet fence from Reeves Fence Company of Orlando at the installed price of $270.44.
Tom Burchell of the Orlando Sentinel introduced Al Palmer to the Board and announced that Mr. Palmer would be present at the meetings in the future as he was leaving this area to go to work in Tallahassee for Doyle Conner, Commissioner of Agriculture.
MEETING ADJOURNED FOR LUNCH
meeting reconvened at 1:30 pm
Chairman Dykes stated the road foreman from District No. 3 is present and has a matter to bring before the Board, at which time Steve Pemberton came forward and requested permission to buy back one of the 1958 GMC trucks for $975.00 that was recently traded to Jungle Auto Service, with trace allowance of $50.00 for 1950 Chevrolet that has a cracked block; whereupon, on motion of Mr. Cowart, seconded by Mr. Babb and carried, District No. 3 was authorized to purchase 1958 GMC truck from Jungle Auto Service for $925.00 with trade in of 1950 Chevrolet.
Mr. Herbert Starr appeared before the Board – wants to know what can be done about the Turnpike Authority letting road contract for right of way on his property when they have not given him any notice of their intention to take his property. Mr. Duncan stated since this does not affect a public highway the county cannot enter into it, this is a matter between the Turnpike Authority and the owner and advised Mr. Starr to give the Authority notice in writing they are to stay off his property until some agreement has been made with them.
discussion regarding conference in tallahassee for county Commissioners
Upon motion by Commissioner Babb, seconded by Commissioner Cowart, that any member of the Board including the Attorney and Clerk, be authorized to attend the conference for County Commissioners in Tallahassee on January 20, 21, and 22, 1963.
Mr. Livingston said at the January 7th meeting a motion was passed relative to resurfacing Lakeshore Drive from Eustis to Tavares in District #4, and resurfacing Lake Shore Drive from Mount Dora to Tavares in District #4, and that he would like to defer the action pertaining to the Eustis Lake Shore Drive for the time being. Motion by Commissioner Livingston, seconded by Commissioner Babb and carried, that motion passed at the January 7th meeting regarding resurfacing Lake Shore Drive from Eustis to Tavares in District #4 be delayed in order to give Commissioner Livingston time to determine the needs in his District.
auxiliary health center – clermont
Copy of letter from Florida State Board of Health to State Budget Commission requesting approval of transfer of $10,000 to Lake County for construction of Auxiliary Health Center in Clermont was filed, said letter being in part as follows: “It is requested that the Budget Commission approve the transfer of funds by the State Board of Health out of the Agency Trust Fund, County Health Units (Lake County Health Unit Fund), in the amount of $10,000, to the Board of County Commissioners, Lake County. This transaction would return local funds to the Lake County Commissioners to be used as sponsors’ contribution toward the construction of an auxiliary health center in Clermont, Florida.”
alan h. hamlin’s statement
Bill from Alan H. Hamlin, Official Court Reporter, transcript of testimony at trial regarding Lake County vs E. B. Peter, et al, SR 500 West of Tavares, in the amount of $1,103.45. Upon motion of Commissioner Theus, seconded by Commissioner Babb, the statement of Alan H. Hamlin, Court Reporter, in the amount of $1,103.45 was approved and Mr. Duncan was instructed to forward same to the State Road Board to be paid out of secondary road funds.
discussion lake county industrial and tourism commission
Mr. Owens presented bill from this Commission in the amount of $1,303.96 and it was decided that the expense items prior to the budget year October 1962 were not reimbursable; whereupon, on motion of Commissioner Theus, seconded by Commissioner Babb, and carried the following items were approved for payment:
Mileage for October, November and December $293.25
Postage for November 0.80
Salary for October, November and December $300.00
Telephone for October, November and December $ 17.91_
Mr. Duncan was instructed to notify this Commission that no future expenses would be paid until a progress report was submitted to the Board, also, to request that Mr. Huskey, Mr. Fairchild and any other representatives of the Commission appear before the Board at 2 PM February 4, 1963, with progress report and an accounting of contributions or funds received to date.
NOTICE OF PUBLIC HEARING on the change of zoning regulations pertaining to fruit and vegetable stands having been published for a period of two weeks and proof of publication having been filed on same, on motion of Commissioner Theus, seconded by Commissioner Babb, and carried, the following resolution was adopted:
Whereas, the Lake County Planning and Zoning Commission, pursuant to Chapter 57-1486, Special Acts of 1957, and Chapter 61-2374, special Acts of 1961, published Notice of Hearing of a proposed Amendment to the “Lake county Zoning Regulations”, after having published Notice of Public Hearing for the purpose of considering the same, and at said Hearing, held on the 29th day of November, 1962, approved for adoption the proposed amendments to the Regulations hereinafter set forth and,
Whereas, pursuant to the requirements of said Chapters above mentioned, the Board of County Commissioners published Notice of Public Hearing to consider the proposed amendments above specified, and, pursuant to said Notice, did on the 14th day of January, 1963, consider the proposed amendments submitted by the Lake County Planning and Zoning Commission, and no one appearing to oppose the same;
Be it therefore resolved by the Board of county Commissioners of Lake County, Florida, that the “Lake County Zoning regulations” be amended in the following manner:
A. Add to Section III, entitled “Agriculture and rural Enterprises, adding Uses Permitted”, be amended by an additional sub-section numbered 13, reading as follows:
“13. Roadside Farm Stand: Shall be used to show and sell products raised or produced on the farmland of which it is a part, and may be composed of a minimum structure. Permitted in Agricultural class only”.
And that Section VII, entitled “Rural commercial District C-1”, be amended by adding to Paragraph A, entitled “Uses permitted”, a new paragraph numbered 6, reading as follows:
“6. Roadside Commercial Stand: Shall be a permanent structure with a concrete floor, durable walls and substantial roof with sanitary facilities for use of its patrons, such as sanitary facilities to conform to the requirements of Lake County Health Department. In addition, the structure shall be in harmony with the neighborhood and consistent with the spirit of the Lake County Zoning Regulations permitted in Commercial Classifications C-1”.
Mr. J. E. French, Chairman, Lake county Planning & Zoning Commission, filed Resolution which was adopted by the Planning and Zoning Commission December 27, 1962, recommending that the zoning limits be extended to include all lands in the county except incorporated municipalities. DISCUSSION on this. Commissioner Livingston moved that the attorney be instructed to prepare the necessary legislation to lay the ground work for the consideration of this in the future, before the Board takes any action. Motion seconded by Commissioner Babb and carried.
APPLICATIONS FOR RE-ZONING were filed by Robert S. Webb, Zoning Director Motion by Commissioner Babb, seconded by Commissioner Cowart, and carried, that the following resolution be adopted:
Whereas, the Lake County Planning and Zoning Commission did, on the 27th day of December, 1962, after due Notice of the Hearing, review applications for changes and revisions of the zoning of certain areas in Lake county, and did approve certain changes as requested in the particular applications hereinafter set forth, subject to approval by the Board of County Commissioners of Lake County, Florida. And the Board of County Commissioners, having reviewed said applications and the recommendations of the Lake County Planning and Zoning Commission:
Now, therefore, be it resolved by the Board of County Commissioners of Lake County, Florida, that the Zoning Rules and Regulations of Lake County be altered and amended as they pertain to the following tracts of land, to the Classification following each description:
1. The N ½ of SE ¼ of NE ¼ of Sec. 32, TWP. 19 Sr. R. 27 E., and Lots 1 to 13 inclusive in Block 5, and Lots 1 to 25 inclusive in Block 4, and Lots 1 to 12 inclusive, and the E ½ of Lot 13 in Block 3, all according to the Plat of Lake Franklin Park, Unit No. 3, as recorded in Plat book 8, page 37, public records of Lake County, Florida, less the right of way of U. S. 441, now classified and zones as R-1 (Residential), be and the same is hereby amended, changed and rezoned to Classification A (Agriculture).
2. The south 210 feet of the West 630 feet of the SW ¼ of SE ¼ of Sec. 30. TP 19 S. R. 26 E., now classified and zoned as R-1 (Residential), be and the same is hereby amended, changed and rezoned to a variance under R-1 (Residential), permitting the placing of a mobile home on said property.
3. Begin at the West quarter Section corner of Sec. 21, TP. 19 S. R. 26 E., run thence East 300 feet for the point of beginning for this description, thence run North to the shore of Lake Eustis. Begin again at the point of beginning, run thence South to the Northwesterly right of way line of State Road 19, thence run Northeasterly along and with said right of way line of State Road 19, to the Southwesterly line of Lois W. Withrow property; thence run North 43°49’ West along said Westerly line of the Lois W. Withrow property, and the Southwesterly line of C. D. Blount’s property, to the shore of Lake Eustis, thence Southwesterly along the shore of Lake Eustis, to intersect the line hereinabove described; ALSO: That part of the SE ¼ of SE ¼ of Sec. 20, TP. 19 S. R. 26 E., lying Southeasterly of State Road 19 and North of the city Limits of the city of Tavares; ALSO: That part of the NW ¼ of Sec. 23, TP. 19 Sr. R. 26 E, which lies West of State Road 19, and North of U. S. Highway 441 (SR 500), less West Lynhurst Subdivision, First Addition; now zoned and classified R-1 (Residential), be and the same is hereby amended, changed and rezoned to Classification C-1 (Commercial).
4. All of the SW ¼ of Sec. 21, Tp. 19 S. R. 26 E., lying West of the Lake Junietta, and the sand pit, and Southerly of State Road 19, and North of the city Limits of the city of Tavares, now zoned as R-1 (Residential), be and the same is hereby amended, changed and rezoned to Classification M-1 (Industrial).
5. That part of Lot 7 of Bishop’s Point Subdivision, as shown on Plat book 12, Page 24, public records of Lake County, Florida, located between U. S. 27, and an access road intersecting said U. S. 27, now zoned R-1 (Residential), be and the same is hereby changed and amended, granting a variance for conditional use – the erection of a billboard.
appointments to lake county zoning board
The following appointments to the Lake County Zoning Board were made:
District No. 1 - J. E. French, Lady Lake
C. W. Kramer, III, Fruitland Park
District No. 2 - A. S. Brooks, Groveland
R. E. Nash, Mascotte
District No. 3 - A. J. Caldwell, Jr., Tavares
Richard Gardner, Tavares
District No. 4 - J. G. Ray, Jr., Mount Dora
J. W. Brooks, Eustis
District No. 5 - Russell Bryan, Umatilla
J. E. Brown, Umatilla
Motion by Mr. Livingston, seconded by Mr. Theus, and carried, that the following resolution be adopted:
Whereas, Reba F. Harris and George Amory have served as Members of the Lake County Planning and Zoning Commission, formerly the Lake county Zoning Commission, faithfully and conscientiously, and through their efforts have contributed much to the intelligent development of the Zoning Commission, and the zoning of areas in Lake county subject to zoning, and
Whereas, their terms have expired, and they have retired as Members of the Lake County Planning and Zoning Commission from District 4, and the Board of County Commissioners wish to recognize the valuable service that they have rendered to Lake County;
Now, therefore, be it resolved by the Board of County Commissioners of Lake County, Florida, that the Board, collectively and as individuals, express to Reba F. Harris and George Amory, the deep appreciation and respect which this Board holds for said retiring Members; that the service that they have rendered to Lake County is recorded in the Acts of the Lake County Planning and Zoning Commission, and will remain as a memorial to their services and devotion to duty.
R. G. Cassady, Tax Assessor, at the request of the Board, appeared to give his views of reevaluation of groves that were hurt in the recent freeze. Some of Mr. Cassady’s remarks were: We have had a serious and disastrous freeze and any program to be any good has got to be a cooperative program between the tax assessor, this Board and the School Board. The tax assessor cannot reduce taxes - - he can only reduce assessments ….. We intend to look at all bearing groves and to make an adjustment in their assessment where there is severe wood damage. We do not intend to look at them until April as we may have more severe cold before the winter is over ….. Relative to non-bearing groves, we do not have them assessed as bearing groves anyway – the law does not allow you to assess them until they are bearing groves – they are assessed as cleared and improved land ….. We have got to bear in mind that many property owners and taxpayers are affected by this freeze and if we raise the millage nothing is going to be gained.
The Board thanked Mr. Cassady and agreed that he is going about this in the proper manner.
Mr. Welborn Daniel was present during this discussion and he suggested that if the members have anything to bring before the legislature, it should be submitted to the committee before the middle of February.
Fred Tanner asked the Board’s opinion in having plans drawn for the Mosquito Control building at the new site. Mr. Theus suggested that Mr. Tanner and the County Engineer get together and draw plans suitable for their requirements.
transfer of funds
Motion by Commissioner Theus, seconded by Commissioner Cowart, and carried, that Clerk Owens be authorized to transfer from contingency item in the General Revenue Fund the sum of $1,122.00 to Item No. 212 – salary of Clerk of Board and Deputies.
Motion by Commissioner Theus, seconded by Commissioner Cowart, and carried, that Lake County Road & Bridge Warrant #254 dated December 10, 1962 in the amount of $14.97 made payable to Jos. L. Rozier Machinery Company be cancelled.
Motion by Commissioner Babb, seconded by Commissioner Cowart, and carried, that Clerk Owens be authorized to purchase Rex Aire sweeper for the price of $238.00.
Motion by Commissioner Babb, seconded by Commissioner Theus, and carried, that Clerk Owens be authorized to purchase dust purifier which he now has installed on a trial basis for the approximate price of $325.00.
Motion by Commissioner Babb, seconded by Commissioner Livingston, and carried, that Clerk Owens be authorized to rent from Recordak Corp. three (3) readers, Model PIL 46, at a monthly rental of $15.00 each, two for the Clerk’s office and one for the county Judge’s office, with the understanding that the readers can be purchased after six months for $290.00 each.
Motion by Cowart, seconded by Babb and carried, that the service agreement on Contact Printer, Model F 301X, with Remington Rand for one year at a cost of $112.50 be executed.
Clerk Owens advised that we have ordered new check signer plate with the new Chairman’s name, but will not have same in time to sign the vouchers this month; and it will be necessary that we use an old plate of Mr. Cowart’s since Mr. Simpson is no longer a member of the Board; Whereupon, on motion of Commissioner Babb, seconded by Commissioner Livingston and carried, that the Clerk be authorized to use check signer plate with Mr. Cowart’s signature until new plate is received with Chairman Dyke’s signature on same.
Motion by Commissioner Babb, seconded by Commissioner Livingston, and carried, that the following vouchers be approved:
Road & Bridge Fund 278 – 362 inclusive
General Fund 376 – 567 “
Fine & Forfeiture 35 – 51 “
Mosquito Control No. 2 24 – 35 “
Capital Outlay Reserve (Ag. Bldg.) 12 – 13 “
Capital Outlay Reserve (Juv. Det. Home) 4 – 6 “
South Lake Memorial Hospital 4
following letters filed:
SRD regarding construction regulations required when constructing driveways onto State roads. Letter forwarded to County Engineer.
Copy of letter from C. E. Duncan to Hubbard Construction regarding old wooden bridge over Back Water Creek (Dr. S. C. Colley Bridge).
Copy of letter from County Engineer to Bureau of Census regarding redistricting.
Notice from T.B. Hospital that Aaron Bell was discharged on 12/18/62 with medical advice.
Notice from T.B. Hospital that Walter Nowling was discharged on 12/16/62 with medical advice.
Notice from T.B. Hospital that James Wilburn Holt was discharged on 12/5/62 with medical advice.
following reports filed:
Planning & Zoning Department report for month of December 1962
Geraldine F. Seiler, Psychologist, reports for the months of November & December 1962
Myrtle Sudderth, Director Lake County Welfare Department, annual report
Willis V. McCall, Sheriff, annual report
Frank E. Owens, Clerk of Circuit Court, filed following annual report:
SEE PAGE 269 OF MINUTE BOOK 19
R. G. Cassady, Tax Assessor, filed following annual report:
SEE PAGE 270 OF MINUTE BOOK 19
W. A. Milton, Jr., County Judge, filed following annual report:
SEE PAGE 271 OF MINUTE BOOK 19
There being no further business to bring before the Board, the meeting adjourned at 4:00 o’clock P.M.