MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
MONDAY – march 8, 1965
The Board of County Commissioners met in regular session in the Commissioners’ Room in the Courthouse at Tavares on Monday, March 8, 1965, at 10:00 o’clock A.M. with the following members present: Chairman Livingston; Commrs. Theus, Cowart, Dykes and Babb; Clerk Owens; County Engineer Hays; and Zoning Director Webb.
The meeting was called to order by the Chairman, and the invocation was given by Mr. Theus.
bids
It now being the time advertised to receive bids on the Courthouse Annex Addition, the Chairman directed the Clerk to open the bids and the Architect to tabulate same, whereupon, bids were received from the following:
Fred Kuhlman
A.W. Smith & Son
Thompson Brothers Construction Co.
A. B. Williams, General Contractor
Mr. Kuhlman expressed his objection to the Board accepting the bid from A. B. Williams, as his list of subcontractors was submitted ten minutes after the bid time. On a motion by Commr. Dykes, seconded by Commr. Babb and carried, this matter was referred to the Attorney.
On a motion by Commr. Dykes, seconded by Commr. Cowart and carried, all bids were rejected due to the fact that the bids exceed the amount budgeted for this project.
At the request of the Architect, the Chairman appointed Commissioner Dykes to work with the Architect, the Tax Assessor and Tax Collector on revising the plans.
It now being the time advertised to receive bids for resurfacing streets in Milky Way Subdivision, the Chairman directed the Clerk to open the bids and the Engineer to tabulate same, whereupon, bids were received from the following:
Carroll Contracting Company
Basic Asphalt Company
Lindsley Paving Company
Superior Paving, Inc.
On a motion by Commr. Theus, seconded by Commr. Cowart and carried, the bids were referred to the Engineer for study and recommendation to the Board.
indigents
On a motion by Commr. Babb, seconded by Commr. Theus and carried, the following change was made to the present indigent list:
DISTRICTS 1, 2, 3, and 4 – No change
DISTRICT No. 5 – ADD Henry Wiley $40
road closings
Oscar Schubert, Attorney from Mount Dora, appeared representing Mrs. Josephine McDonald and objected to the closing of McDonald Drive in McDonald Terrace. Mr. Schubert explained that the street closed was never a dedicated street and was specifically excluded from the original plat. On a motion by Commr. Dykes, seconded by Commr. Babb and carried, this matter was referred to the Attorney.
It now being the time advertised to hold a public hearing on a petition to close the following described streets and/or parkway in Eldorado Heights, the Chairman called for interested persons to be heard at this time:
AN UNNAMED STREET, as shown on the plat of Eldorado Heights as filed and recorded in the public records of Lake County, Florida, in Plat Book 3, Page 7, more particularly described as follows:
Commence at the Southwest corner of Lot 151 of said Plat of Eldorado Heights, thence run North along the West boundary of Lot 151 to Lake Eldorado. Begin again at the point of beginning and run thence Southwesterly to the Southeast corner of Lot 152 to Lake Eldorado, thence run Northeasterly along the waters of Lake Eldorado to intersect the East boundary of this tract.
ALSO: THE UNNAMED STREET or parkway, as shown by the Plat of Eldorado Heights, appearing in Plat Book 3, Page 7, public records of Lake County, Florida, located between the Northerly and Westerly boundaries of the following described Lots in Eldorado Heights, to-wit: Lots 119 through 155 inclusive, and the waters of Lake Eldorado.
Mrs. Elizabeth Marshall appeared in support of the petition, and there being no objections or complaints, on a motion by Commr. Dykes, seconded by Commr. Babb and carried, a resolution was adopted closing the said streets and/or parkway in Eldorado Heights.
It now being the time advertised to hold a public hearing on a petition to close the following described street in Imperial Mobile Terrace, the Chairman called for interested persons to be heard at this time:
That portion of Imperial Drive lying between the South boundary of Imperial Mobile Terrace, a Plat of which is recorded in the public records of Lake County, Florida, in Plat Book 17, Page 16, and the South boundary of Hickory Lane according to said Plat, bounded on the West by Lot 1 of Block F of said Subdivision, and on the East by Block G of said Subdivision.
There were no objections or complaints, and on a motion by Commr. Dykes, seconded by Commr. Babb and carried, a resolution was adopted closing the above-described street.
roads – state
Mrs. Ogden appeared with reference to the omission of a crossover at County Road on SR 25 in the construction plans and also requested that additional crossovers be installed along SR 25 to serve her property as well as the owner across the road. On a motion by Commr. Cowart, seconded by Commr. Theus and carried, a resolution was adopted requesting the State Road Department to install the crossovers at the locations designated on a sketch to be prepared by the Engineer.
civil defense
On a motion by Commr. Dykes, seconded by Commr. Babb and carried, the resignation of A. B. Marshall, Civil Defense Director, was accepted with regret effective March 15, 1965.
road maintenance – subdivisions
On a motion by Commr. Babb, seconded by Commr. Dykes and carried, a resolution was adopted whereby the County agreed to take over maintenance of the following described roads in Three Lakes Subdivision and First, Second, and Third Additions to Three Lakes Subdivision:
Turner Drive – From Pine Ridge Drive, North and East to Oak Lane
Orange Avenue – From Turner Drive, East to Sunrise Terrace
Sunrise Terrace – From Orange Avenue, North to Turner Drive
Pine Ridge Drive – From Turner Drive, East to Oak Lane
Oak Lane – From Lots 56 and 57, North to Lots 199 and 120
Pine Meadows Lane – From Lots 70-A and 71, North to Lakeview Court
Lakeview Court – From Oak Lane, East to Lots 76 and 77
Holly Court – From Oak Lane, East to Lots 88 and 89
Unnamed Street – Between Lots 33, 34 and 35 and Lot 114-A, From Turner Drive, North to Lots 35 and 114-A
On a motion by Commr. Babb, seconded by Commr. Cowart and carried, the statement prepared by the Committee regarding reimbursement to J. C. Schlauder in the amount of $159.74 was approved, and the Clerk was authorized to reimburse Mr. Schlauder this amount.
On a motion by Commr. Dykes, seconded by Commr. Babb and carried, a resolution was adopted establishing percentage of costs to be added to the construction cost for paving streets and roads in subdivisions under Act 63-1505, said costs to be as follows:
For Attorney’s fees, including validation of bonds 5%
For engineering fees 6%
For collection of taxes 2%
For miscellaneous costs, including advertising and printing 2%
Excesses in payment requested are determined after letting of contract 5%
machinery and equipment – voting machines
Mrs. Dorie Hostetler appeared with reference to the Board’s decision on allowing one voting machine to be used for demonstration purposes at the County Fair. On a motion by Commr. Dykes, seconded by Commr. Cowart and carried, the Golden Triangle Republican Women’s Club was allowed the use of one voting machine to be used on the Fairground property during the week of March 15, and any expenses involved will be paid by the said Club, including transportation charges amounting to $28 and travel by the Deputy Custodian Daniel Heald at 10 cents per mile for any trips necessary to maintain the machine.
public health
On the recommendation of the Architect and on a motion by Commr. Dykes, seconded by Commr. Babb and carried, the Board approved a request for final payment by Fred Kuhlman on the Clermont Health Center less 10 percent, and the 10 percent will be paid when approved by the Architect and when the money is available.
On the recommendation of the Architect and on a motion by Commr. Babb, seconded by Commr. Cowart and carried, C.O. #1 to the contract on the Clermont Health Center in the amount of $116 for additional plaster work was approved.
On a motion by Commr. Babb, seconded by Commr. Dykes and carried, the Board approved the construction of a new sidewalk in front of the Clermont Health Center Building, the County to furnish the concrete and the City of Clermont to be requested to furnish the labor for removing the old sidewalk and installing the new sidewalk.
The Engineer submitted a copy of a letter from the State Board of Health to Martin Granholm stating that monthly water samples are not being submitted as required.
A letter from C. A. Peterson, Inc., Engineers, to Gordon W. Folke, Engineer for the State Board of Health regarding this matter was read and filed.
The Clerk presented a letter from the Citizens National Bank of Leesburg together with a letter from Martin Granholm assigning the $5,000 cash bond to the Citizens National Bank. A motion was made by Commr. Theus, seconded by Commr. Cowart and carried that the $5,000 cashier’s check from Martin Granholm be deposited to a special account in the Citizens National Bank of Leesburg.
roads – county
On a motion by Commr. Dykes, seconded by Commr. Cowart and carried, a resolution was adopted establishing a 5-ton load limit on County Road 3-3168 from SR S448B to the Orange County line.
recess and reassembly
The Board recessed for lunch at 12 o’clock noon and reconvened at 1:30 p.m. to take up the remaining items of business.
bids
On a motion by Commr. Babb, seconded by Commr. Theus and carried, the Engineer was authorized to prepare specifications for bids for resurfacing Bates Avenue and the parking in Tavares, and the Clerk was authorized to advertise same. Bids to be received on April 12.
roads – state
The Engineer reported the contractor has advised him they have found another source to dispose of muck from the roadway site on SR 25. Clerk Owens submitted for filing a letter from the Game & Fresh Water Fish Commission requesting approval that the muck be disposed of in Lake Harris be denied.
The Clerk advised we received a request for a title search on SR S-473, Bassville Park Road, and same has been referred to Inland Abstract & Title Company on March 3.
zoning
On the recommendation of the Zoning Commission and on a motion by Commr. Babb, seconded by Commr. Dykes and carried, a resolution was adopted authorizing the following changes to the zoning regulations:
1. Begin 822 feet South and 33 feet East of the Northeast corner of the NW ¼ of NW ¼ of Sec. 13, Tp. 19S, R.26 E., on the East boundary of Haines Creek Road for a point of beginning. From this point run East 470 feet, thence run South along Crestwood Avenue 526 feet to Northern Avenue, thence run West 470 feet to the East boundary of Haines Creek Road, thence run North 526 feet to the 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)
2. Lots 1 and 2 in Block C and Lots 5, 6, 7, 13, 14, and 15, in Block B of Ocala Forest Campsites #3, as shown by Plat thereof recorded in Plat Book 16, Page 41, Public records of Lake County, Florida.
now classified and zoned as A (Agricultural), be, and the same is hereby amended, changed and rezoned to Classification C-1 (Commercial).
3. From the SE corner of Sec. 33, Tp. 18 S., R. 24 E., Lake County, Florida, run North 0̊ 19’ East along the East line of said Section, 832.15 feet to a point that is 505 feet South of the NE corner of the SE ¼ of the SE ¼ of said Section; thence run South 89̊ 58’20” West parallel to the North line of said SE ¼ of the SE ¼, 210.0 feet to the Point of Beginning. From said POB continue South 89̊ 58’20” West, 643.97 feet to the Easterly right of way of US Highway 441; thence North 0̊ 00’15” East along said right of way 150.0 feet; thence North 89̊ 58’20” East 220.00 feet; thence North 0̊ 00’15” East, parallel with said right of way 60.0 feet, thence North 89̊ 58’20” East, parallel with aforementioned North line of SE ¼ of the SE 1/4 , 423.53 feet; thence South 0̊ 19’ West, 210.0 feet to the POB LESS the West 200.00 feet which is zoned Commercial,
now classified and zoned as R-1-A (Residential), be, and the same is hereby amended, changed and rezoned to Classification R-1 (Permit division into small subdivision where lot and houses meeting R-1 requirements might be built.)
4. From the Southwest corner of Government Lot 4 in Sec. 24, Tp. 19 S., R. 25 E., run North 89̊ 58’40” East along south line of said Government Lot 4 for 494.04 feet to point of beginning run thence North 3̊ 46’20” West 95 feet, thence North 79̊ 26’10” East 167 feet, more or less, to Dead River, thence Southerly along said river to the South line of said Government Lot 4, thence South 89̊ 58’40” West 185 feet, more or less, to point of beginning.
Also, begin at a point on the South line of Government Lot 4 in Sec. 24, Tp. 19 S, R. 25 E., that is 494.04 feet East of the Southwest corner of said Government Lot 4, run thence South 89̊ 58’40” West along South line of said Government Lot 4 and South line of N ½ of Government Lot 3 for 862.20 feet, thence North 66 feet, more or less, to canal, thence Northeasterly along and with said canal to a point that is North 3̊ 46’20” West of the point of beginning, thence south 3̊ 46’20” East 190 feet, more or less, to the point of beginning, LESS 66 feet adjacent to and parallel with South side of said canal for road purposes.
now classified and zoned as R-1 (Residential), be, and the same is hereby amended, changed and rezoned to classification C-1 (Commercial).
On the recommendation of the Zoning Director and on a motion by Commr. Dykes, seconded by Commr. Theus and carried, a resolution was adopted accepting the Rules of Procedure as recommended by the Planning & Zoning Commission and presented to the Board on November 9, 1964.
On the recommendation of the Zoning Director and on a motion by Commr. Dykes, seconded by Commr. Babb and carried, the Attorney was instructed to proceed with legal action against zoning violators Homer Ross and T. C. Richardson.
suits affecting county
The Attorney advised the Supreme Court has denied the Writ of Certiorari in the case of Bert E. Gatch.
oklawaha
On a motion by Commr. Dykes, seconded by Commr. Theus and carried, the following vouchers were approved for payment by the Oklawaha Water Authority: Voucher Nos. 56-69.
laws & legislature
Clerk Owens reported that the hearing with the legislative delegation tonight regarding County bills has been postponed due to the illness of Attorney Duncan.
assessments
The Attorney submitted the opinion of the Attorney General in which he states it is unlawful to back assess property which has been previously assessed and taxes collected thereon.
railroads
Clerk Owens submitted a letter from Atlantic Coast Line Railroad Company in which they advise the parallel road on the railroad right of way near Mile Post T-813, Clermont, has not been removed. Commr. Dykes said he was not aware of this, and he will see that the work is done.
deeds
On the recommendation of the Attorney and on a motion by Commr. Dykes, seconded by Commr. Cowart and carried, deeds conveying the following described properties to Lake County were accepted and ordered recorded upon the public records:
GRANTORS: J. G. Yancey and Ruth L. Yancey, his wife, Bobby S. Ray and Ruth A. Ray, his wife, G. E. Stephenson and Alice Y. Stephenson, formerly Alice W. Lockmiller, his wife.
That part of Section 30, Township 24 South, Range 26 East, in Lake County, Florida, lying 25 feet on each side of the following described centerline; Begin at the center line of the end of a Clay Road in the North ½ of the Northeast ¼ of the said Section 30, thence run South to the center line of an old Tram Road; thence run Westerly along the center line of the old Tram Road to the West line of the said Section 30, thence to the West line of the East half of Section 25.
GRANTORS: John W. Parks
That part of Section 30, Township 24 South, Range 26 East, in Lake County, Florida, lying 25 feet on each side of the following described centerline; Begin at the center line of the end of a Clay Road in the North ½ of the Northeast ¼ of the said Section 30, thence run South to the center line of an old Tram Road; thence run Westerly along the center line of the old Tram Road to the West line of the said Section 30, thence to the West line of the East half of Section 25, thence to the East line of the W ¼ of Section 26, Township 24, South Range 25 East.
complaints
A letter from Mrs. Lonnie L. Eason complaining of assessed valuation of her property was referred to the Tax Assessor.
laws & legislature
On a motion by Commr. Theus, seconded by Commr. Dykes and carried, a resolution was adopted supporting the Permissive Act included in the State Association of County Commissioners Legislative Program relating to the seventh cent gasoline tax.
public health
Commr. Theus reported the garbage pit west of Lady Lake has gotten out of control again and burned some orange trees belonging to Mrs. Singletary. The Board members concurring, the Chairman directed the Clerk to ask the Health Director to have this pit watched more closely.
accounts allowed
On a motion by Commr. Theus, seconded by Commr. Cowart and carried, the following vouchers were approved for payment
General Revenue Fund Nos. 847-1044
Mosquito Control – State 2 27-32
Fine & Forfeiture Fund 84-103
Road & Bridge Fund 519-647
Capital Outlay Reserve-County Buildings 14-17
Capital Outlay Reserve- Health Clinic 4
Special District-South Lake Memorial Hospital 4
Northeast Lake County Hospital District 4-5
On a motion by Commr. Babb, seconded by Commr. Dykes and carried, purchase of additional microphones for the Commissioners’ Room was approved.
On a motion by Commr. Dykes, seconded by Commr. Babb and carried, the Zoning Director was authorized to attend a special work session of the E. Central Florida Regional Planning Council in Titusville on March 12.
On a motion by Commr. Babb, seconded by Commr. Dykes and carried, the Zoning Director was authorized to attend a two-week course at the University of Florida on Urban Planning for Environmental Health sponsored by the State Board of Health and the U. S. Public Health Service on April 19 through 30, provided the trainee grant is approved.
A request from the County Judge for purchase of items amounting to $1,561.35 was approved on a motion by Commr. Babb, seconded by Commr. Cowart and carried.
On the recommendation of the Attorney and on a motion by Commr. Dykes, seconded by Commr. Cowart and carried, a bill from Edwin R. Waite in the amount of $100 for appraisal service on E. W. Lefkowitz property was approved.
On a motion by Commr. Dykes, seconded by Commr. Babb and carried, expenses of the County Service Officer to attend the Annual Conference in Winter Park on May 3-8 were approved.
A request from Waterman Memorial Hospital Association, Inc. for payment of $70,000 was approved on a motion by Commr. Dykes, seconded by Commr. Babb and carried.
On a motion by Commr. Babb, seconded by Commr. Dykes and carried, purchase of two Acme Visible Files from Simons Office Equipment in the amount of $273.35 each was approved.
A quotation from International Business Machine Corp. for an electric typewriter in the amount of $441.00 for the Clerk’s office to be used by the Indexing Clerk was approved on a motion by Commr. Dykes, seconded by Commr. Babb and carried.
communications
A note of appreciation for flowers was read from the family of Claude H. Moore and Russell Rogers.
A resolution from St. Lucie County regarding the establishment of a new District Court of Appeal was filed.
Letters of appreciation from Reba F. Harris and the Tavares Boating Club for the Board action regarding the Dora Canal were read and filed.
reports
Monthly reports from the following were filed for February:
County Agent and assistants
Home Demonstration Agent and assistants
Service Officer
Welfare Director
Fines, Forfeitures and Costs from County Judge
The report of the US Commission on Civil Rights regarding Equal Opportunity in Farm Programs was filed.
There being no further business to bring before the Board, the meeting adjourned at 3:00 o’clock P.M.
___________________________________ ______________________________
CLERK CHAIRMAN