MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS on
MONDAY – may 11, 1964
The Board of County Commissioners met in regular session on Monday, May 11, 1964, in the Small Claims Office in the Courthouse at Tavares at 10:00 o’clock A.M with the following present:
Chairman Babb, Commrs. Theus, Cowart, Dykes, and Livingston; Attorney Duncan, Clerk Owens, Engineer Hays, and Zoning Director Webb.
The meeting was called to order by Chairman Babb.
The invocation was given by Mr. Theus.
On motion of Commr. Cowart, seconded by Commr. Livingston, and carried, the following change was authorized to the present indigent list:
DISTRICT NO. 1 – No change
DISTRICT NO. 2 – DELETE – Willie Parker - $30.00
DISTRICT NO. 3, No. 4, and N. 5 – No Change
It now being 10:00 o’clock A.M., the time advertised to receive bids on resurfacing Hugh Street and streets in Three Lakes Subdivision, in accordance with specifications, the following bids were received:
Basic Asphalt Corp. $0.67 per sq. yd. -Total Price $12,197.35
Alternate Bid $1.16 per sq. yd. -Total Price $21,117.80
Macasphalt Corp. $0.49 per sq. yd.
Alternate Bid $0.64 per sq. yd.
On recommendation of the Engineer and on motion of Commr. Cowart, seconded by Commr. Theus, and carried, the Board accepted the low alternate bid of Macasphalt Corp. of $0.64 per sq. yd.
Ernest H. Lorenz appeared in protest to building permit issued to Mohawk Fertilizer Company and requested revocation of the permit. Mr. Lorenz was advised by Attorney Duncan to present his request to the Zoning Board of Appeals as the Board of County Commissioners does not have the judicial power to act on this. Attorney Duncan was instructed to notify the Mohawk Fertilizer Company that notice of appeal is on file with the Board of Zoning Appeals.
Robert S. Webb, Zoning Director, turned his file on this subject over to Attorney Duncan.
Howell Hopson, Architect, appeared regarding date for taking bids on the Auxiliary Health Center at Clermont. On motion of Commr. Dykes, seconded by Commr. Theus, and carried, Mr. Hopson was authorized to prepare notice to bidders and the Clerk was instructed to advertise same in the Daily Commercial. Bids to be received June 23rd at 10:00 A.M.
Elections – general
Clerk Owens read a letter from Walter Baker Ream requesting that his name be withdrawn from the Republican ballot in the General Election. Attorney Duncan was instructed to review the law regarding withdrawal of a candidate’s name and advise the Board.
Commr. Livingston reported on the Committee’s recommendations for Director of Civil Defense and moved that A. B. Marshall be appointed Civil Defense Director at a salary of $350.00 per month with maximum travel expenses of $100.00 per month, effective May 15, 1964.
On recommendation of the Attorney, and on motion of Commr. Theus, seconded by Commr. Livingston and carried, deed conveying the following described property for road right of way to Lake County was accepted and ordered same recorded upon the public records:
GRANTORS: William P. Floyd and Lucille B. Floyd, his wife; Jean P. Floyd, an unremarried widow; Mary Jean Erek, joined by Theodore A. Erek, her husband
A 50 foot wide right of way for road, the center line of which is described as follows: From the North Quarter Corner of Section 20, Township 19 South, Range 25 East, run South along Mid-Section Line for 684.14 feet to Point of Beginning; run thence South 71o56’40” East for 100.77 feet, thence South 86o27’ East for 405.62 feet to center of State Road No. 44. LESS the right of way of State Road No. 44 on East and right of way of A.C.L. Railroad on West.
At the request of Commr. Dykes, the Clerk was instructed to write letter to all surveyors and engineers in the County advising them of the law requiring that subdivision owners have permanent street markers erected before filing plats.
Attorney Duncan was instructed to discuss with Christopher Ford, attorney for the Town of Astatula, their plans for beautifying and using the abandoned sand pit.
Railroad – crossing
The Clerk advised that a representative of Atlantic Coast Line Railroad had been in the office regarding information on the private crossing at Clergrove. Commr. Dykes said he and the Engineer would inspect this property and give Mr. Duncan the necessary information to send to Mr. Kennedy.
Roads – county
Commr. Livingston advised it is his intention to surface the following roads at an approximate cost of $6,500.00:
Lake Norris Road
Church Street (Sorrento)
Cooper Road (Sorrento)
East Lake Eldorado
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.
Road maintenance - subdivisions
There being no objections or complaints regarding proposed improvements to streets in Silver Lake Park, Oveson’s Replat of Silver Lake Park, Forest Lake Subdivision, Three Lakes Subdivision – 1st Addition, Three Lakes Subdivision – 2nd Addition, Three Lakes Subdivision – 3rd Addition, and certain properties adjoining said subdivision, and Three Lakes Subdivision, as provided in resolution adopted on April 13, 1964, Gordon Hays, County Engineer, prepared and submitted to the Board of County Commissioners a list of all the properties abutting the streets to be leveled and resurfaced appearing in said resolution, together with the proposed assessments of cost asgainst each of the properties abutting said streets and the owners thereof.
On motion of Commr. Dykes, seconded by Commr. Livingston, and carried, the lists of ownership as prepared by the County Engineer were accepted and a resolution adopted authorizing the Tax Collector to prepare special assessment roll in accordance with said ownership lists.
Roads – state
Right of Way contact, State Road Department Resolution, and Map of Survey and Location on Job 11050-2503, SR 19 (From SR 500 to North City Limits of Eustis) were filed, and on motion of Commr. Livingston, seconded by Commr. Dykes, and carried, the Chairman and Clerk were authorized to execute the contract and the following resolution was adopted:
WHEREAS, the State Road Department of Florida has authorized and requested Lake County to furnish the necessary rights of way, borrow pits and easements for that portion of Section 11050, State Road 19, extending from a point in the North Half of Section 23, Township 19 South, Range 26 East, Northerly to the North City Limits of Eustis, which has been survey and located by the State Road Department as shown by a map on file in the office of the Clerk of the Circuit Court of said County, and in the office of the said Department at Tallahassee, and
WHEREAS, the said Department will not begin construction on said portion of said Section in said County until title to all land necessary for said portion of said section has been conveyed to or vested in said State by said County, and said lands are physically cleared of all occupants, tenants, fences, buildings, and/or other structures and improvements upon or encroaching within the limits of the land required for said portion of said Section; and
WHEREAS, the said County is financially unable at this time to provide the necessary funds to acquire said rights of way, borrow pits and easements; now therefore, be it
RESOLVED, that said County, through its Board of County Commissioners, comply with the request of said Department and procure, convey or vest in said State the free, clear and unencumbered title to all lands necessary for said portion of said Section, and deliver to the State Road Department said lands physically clear of all occupants, tenants, fences, buildings and/or other structures and improvements situate upon or encroaching within the limits of the lands required for said portion of said Section, and that the Chairman and the Clerk of this Board be and they are hereby authorized and directed to execute and deliver on behalf of said County to said Department the Contract in the form hereto attached; and be it further
RESOLVED, that the attorney for this Board be, and he is hereby authorized and directed to proceed to take the necessary steps for the County to acquire in the name of said County by donation, purchase, or condemnation said rights of way, borrow pits and easements for said portion of said Section, and to prepare in the name of said County by its County Commissioners all condemnation papers, affidavits and pleadings, and prosecute all condemnation proceedings to judgment; and furnish to the Department the abstract search provided for in said Contract.
Roads – state
Upon motion of Commr. Livingston, seconded by Commr. Cowart, and carried, a resolution was adopted determining the maximum speed of 35 miles per hour for the following road:
That portion of State Road 452, located within the City Limits of the City of Eustis, commencing at Bay Street, and running West and Southwesterly to the City Limits of the city of Eustis.
W. A. Milton, Jr. Juvenile Judge, appeared and reported on the cost of feeding the juveniles this budget year. Thinks due to the number of juveniles detained in the Home that the food cost will exceed the budget.
Attorney Duncan read letter from J. W. Hammett, U. S. Dept. of Agriculture, regarding the soil survey for Lake County. Mr. Duncan was instructed to advise Mr. Hammett that we will include $9,000 in our budget for the next fiscal year and will pay this on a quarterly basis.
Planning & Zoning
A. S. Brooks, Sr., Chairman of the Planning & Zoning Commission, was present and submitted recommendation of the Planning & Zoning Commission that the Board employ a consulting firm for County planning; whereupon, on motion of Commr. Dykes, seconded by Commr. Livingston, and carried, Chairman Babb appointed Commrs. Dykes, and Theus and himself a Committee to meet with the Planning & Zoning Commission to discuss this matter and come to a conclusion. Meeting to be held in the meeting room in the Chamber of Commerce Building on Thursday, May 28th at 2 P.M.
Public Hearing having been held by the Planning & Zoning Commission for changes and revisions in certain areas in Lake County, and on recommendation of the Planning and Zoning Commission, motion was made by Commr. Cowart, seconded by Commr. Livingston, and carried, a resolution was adopted amending the Zoning Rules and Regulations of Lake County as they pertain to the following tracts of land, and to the Classification designated after each description:
1. Commence at the Northwest corner of Government Lot 3, thence run East along the North line of said Government Lot 3 to the waters of Lake Griffin; begin again at the point of beginning, and run South 440 feet, thence run East 125 feet, thence run South 702 feet, thence run East 72.2 feet, thence run South 83o East 895.02 feet, thence run North 7o20’20” West 81.81 feet, thence run North 82o39’40” East 150 feet, thence Northerly to Canal, thence Easterly to the waters of Lake Griffin, thence Northerly along Lake Griffin to intersect the first line, in Sec. 1, Tp. 19 S., R. 24 E.; now classified and zoned as R-1-A (Residential), be, and the same is hereby amended, changed and rezoned to Classification R-2 (Residential).
2. Blocks 108, 119, 120, and 121 in the Town of Astor, as shown by Plat thereof, 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).
3. The E ½ of NE ¼ of NW ¼ of NE ¼; the W ½ of W ½ of NE ½ of NW ¼ of NE ¼; All in Sec. 25, Tp. 19 S., R. 27 E.; now classified and zoned as R-1 (Residential), be, and the same is hereby amended, changed and rezoned to Classification A (Agriculture).
4. The East 105 feet of the N ¼ of Lot 20; The West 115 feet of East 220 feet of N ¼ of Lot 20; The West 100 feet of East 320 feet of N ¼ of Lot 20; The West 340 feet of N ¼ of Lot 20; All accordingly to the Plat of Manhattan Grant, as shown by Plat thereof, recorded in Plat Book 2, Page 13, public records of Lake County, Florida, and lying South of State Road 40; now classified and zoned as A (Agriculture), be, and the same is hereby amended, changed and rezoned to Classification C-1 (to allow construction of a gasoline station and grocery store) (Commercial).
5. Block T and Block S, in the Town of Okahumpka, Florida, as shown by Plat thereof, recorded in Plat Book 1, Page 38, 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 R-1 with Mobile Home Special Exceptions.
Railroads – right of way
Attorney Duncan reported he has received from Atlantic Coast Line Railroad letter and suggested form of deed regarding purchase of right of way between Umatilla and Altoona, however, the description on the deed was so indefinite that he returned the deed for more definite description, and upon receipt of same will present it to the Board for approval.
Request from L. E. Brown, County Prosecutor, for the budgeting of funds for administrative expenses of his office was read by Clerk Owens. Attorney Duncan was instructed to review the law and determine if the County is permitted to pay for administrative expenses for this office.
Letter of complaint from John Maiberg, Suburban Shores, was read and filed by action of the Board.
e. central Florida Regional Planning Council
Upon motion of Commr. Dykes, seconded by Commr. Livingston, and carried, the Board agreed to pledge to the Council an amount not to exceed $4200.00 for the purpose of the Council making a study of planning and zoning in the seven counties included in said Council. Clerk Owens was instructed to write Mr. Claude H. Wolfe, Chairman, advising him of the Board’s action.
Engineer Hays advised he has checked the air conditioner stored at the Barn in Umatilla and found this is a 7-1/2 ton unit, 90,000 BTU, and it only has a condenser, therefore, it is only a partial unit and the appraised value is nil. On recommendation of the Engineer, and on motion of Commr. Livingston, seconded by Commr. Dykes, and carried, the air conditioner stored at the Umatilla Barn was declared as junk and same shall be removed from the County records.
Elections – primary
Upon motion of Commr. Theus, seconded by Commr. Cowart, and carried, Clerks and Inspectors who served on the election boards at the May 5th primary were selected to serve at the Second Primary on May 26th.
Elections – special
Upon motion of Commr. Dykes, seconded by Commr. Cowart, Clerk and Inspectors for the Special Election, Northwest Lake County Hospital District, were approved. (See list in file.)
Licenses & Permits – use
Use permit granting Sumter Electric Coop. permission for the construction and maintenance of 7.2 KV power line on County Road 5-7776 between Saltsdale and Umatilla was filed.
Licenses & permits – gun
Request for permit to carry firearm from Sgt. R. A. Clarke was submitted and Clerk Owens was instructed to advise him to resubmit his request together with either a personal or surety bond in the amount of $100.00.
Motion by Commr. Cowart, seconded by Commr. Dykes, and carried, the following vouchers were approved for payment by the Water Authority:
Voucher Nos. 120 through 136
On motion of Commr. Livingston, seconded by Commr. Cowart, and carried, payment to Val Rich Construction, Inc. in the amount of $22,566.86 was approved.
Motion by Commr. Theus, seconded by Commr. Dykes and carried, payment to Howell Hopson, Architect, in the amount of $2,922.00 was approved.
On motion of Commr. Theus, seconded by Commr. Dykes and carried, the Engineer was authorized to purchase field notes of U. S. Surveys of Townships in Lake County from the State Department of Agriculture for $323.30.
On motion of Commr. Cowart, seconded by Commr. Theus and carried, the Engineering and Zoning Office was authorized to purchase an electric typewriter from International Business Machines for $444.00.
On recommendation of the Engineer, and on motion of Commr. Theus, seconded by Commr. Dykes and carried, Manly Construction Company was authorized to pave the parking lot at the new School Board Office Building – 2,235 sq. yds. @ 43$ per sq. yd.
Motion by Commr. Dykes, seconded by Commr. Livingston, and carried, the following vouchers were approved for payment:
General Revenue Fund
1111 – 1312
Fine & Forfeiture
108 – 126
State II – Mosquito Control
41 – 46
Road & Bridge
804 – 947
Capital Outlay Reserve
- County Buildings
9 – 10
Bond Interest & Sinking Fund
- County Buildings
Attorney Duncan stated he is in receipt of a letter from the State Road Department with reference to the proposed road revenue bond issue; whereupon, on motion of Commr. Dykes, seconded by Commr. Theus, and unanimously carried, the Board adopted a resolution requesting the State Road Department to approve the processing of a $1,600,000 road revenue bond issue, to be paid from the 80% surplus gas tax accruing to Lake County over a period of years.
Clerk Owens advised we are in receipt of the Tentative Budget and Program of Work from the State Road Department for the fiscal year 7/1/64 through 6/30/65. Hearing on this tentative budget to be held in Tallahassee Thursday, May 28th. After discussing the Secondary Road Budget and on motion of Commr. Theus, seconded by Commr. Cowart, and unanimously carried, the Board adopted a resolution requesting the State Road Department to amend their budget to include funds to be derived from the road revenue bond issue and sufficient funds to complete the acquisition of rights of way for the following projects, and also, to include a project for the construction of roads and parking areas on the campus of the Lake-Sumter Junior College at the estimated cost of $125,000.
Notice from State Road Department advising that work has been completed on SR S-452 and returned to the County for maintenance.
Notice from State Road Department advising that work has been completed on Wayside Park and Boat Ramp in Eustis.
Letter from Dr. Wilson T. Sowder, Florida State Board of Health, to the Mayor of Winter Garden, regarding Lake Apopka was read and filed.
Letter from City of Eustis expressing appreciation to the Board for their cooperation regarding resolution presented to the Board on May 4th.
Letter from Florida State Board of Health regarding Florida Baptist Convention Retreat Camp.
Letter from Florida State Board of Health regarding Lake Susan Lodge.
Certificate of Canvassing Board of Republican Primary filed.
Certificate of Canvassing Board of Democratic Primary filed.
Copy of telegram from Secretary of State to Supervisor of Registration read and filed.
Annual report from Lake County Mosquito Control filed.
Report of Welfare Department for April filed.
Report of Zoning Department for April filed.
There being no further business to bring before the Board, the meeting adjourned at 3:40 o’clock P.M.