MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
MONDAY – may 3, 1965
The Board of County Commissioners met in regular session in the Commissioners’ Room in the Courthouse at Tavares on Monday, May 3, 1965, at 10:00 o’clock A.M. with the following members present: Chairman Livingston; Commrs. Theus, Cowart, Dykes and Babb; Clerk Owens; Attorney Duncan; County Engineer Hays; and Zoning Director Webb.
The meeting was called to order by the Chairman, and the invocation was given by Mr. Theus.
minutes
On a motion by Commr. Cowart, seconded by Commr. Babb and carried, the minutes of the regular meetings of April 5 and April 12 were approved as submitted.
bids
It now being the time advertised to receive bids for resurfacing certain roads, the Chairman directed the Clerk to open the following bids and the Engineer to tabulate same, whereupon, the Engineer reported receiving bids from the following:
J. D. Manly Construction Co. – Double Surface Treatment $.49 per sq. yd.
Single Surface Treatment $.20 per sq. yd.
Lindsley Paving Company Double Surface Treatment $.375 per sq. yd.
Single Surface Treatment $.235 per sq. yd.
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.
Later in the day, the Engineer recommended that the low bids be split and that J. D. Manly Construction Company be awarded the contract for single surface treatment, and Lindsley Paving Company be awarded the contract for double surface treatment.
On a motion by Commr. Babb, seconded by Commr. Cowart and carried, the bids were awarded as set forth above.
bids
It now being the time advertised to receive bids on approximately 15,300 lbs. of .30 Mirex 4-X Insecticide, the Chairman directed the Clerk to open and tabulate the following bid:
Allied Chemical Corp, General Chemical Division - $0.1178 per lb.
On a motion by Commr. Theus, seconded by Commr. Dykes and carried, the bid as submitted by Allied Chemical Corp. was accepted.
county property
Mr. Sherrill Dillard and Mr. J. H. Powell appeared and presented a petition signed by thirty property owners in Astor requesting the closing of the present garbage dump and requesting the County to provide a suitable place to dispose of garbage and trash. Mr. Powell stated he has recently purchased six (6) acres between Astor and Astor Park which he is willing to exchange with the County for the present dump site. Commr. Babb stated he is agreeable to an equal exchange of property with Mr. Powell. Attorney Duncan advised both properties must be appraised and advertised. On a motion by Commr. Babb, seconded by Commr. Theus and carried, Emery Dillard was appointed appraiser on the two tracts of land.
laws & legislature
Attorney Duncan reported on his recent trip to Tallahassee. Everything is in order with the exception of the Zoning bill. A proposed second County Judge amendment is being prepared by the Attorney General’s office. A number of other bills were presented last week which will need to be followed up. On a motion by Commr. Dykes, seconded by Commr. Babb and carried, the Attorney was authorized to return to Tallahassee to follow up on the County’s legislative program.
Discussion followed with reference to the action of the legislative delegation regarding the second County Judge proposal. This Board unanimously concurred the two judge system is the most economical, efficient, and effective way to cope with this problem.
Clerk Owens reported on his contact with the property owners of Suburban Shores on Johns Lake regarding proposed legislation by Orange County creating another water district. The property owners do not think there is sufficient time to prepare a bill affecting Lake County. If Orange County is passed at this session, they will request a similar bill at the next session.
Copies of letters from the Town of Fruitland Park to the Legislative Delegation regarding the Northwest Florida Hospital District were read and filed. The letter of April 22, 1965 withdraws opposition to the proposed hospital tax.
rights of way – except roads
Howard and John Ehler appeared and presented an easement through their property extending 170 feet on each side from the center line of the Dora Canal. On the recommendation of the Attorney and on a motion of Commr. Dykes, seconded by Commr. Babb and carried, the easement conveying the following described property to Lake County was accepted and ordered same recorded upon the public records:
THAT PART of SE ¼ of SE ¼ of Section 30, Twp. 19 S, Rg. 26 E, lying on either side of the Dora Canal within 170 feet of the centerline of the Dora Canal as it meanders through the SE ¼ of SE ¼ of Section 30, Twp. 19 S., Rg. 26E.
On a motion by Commr. Dykes, seconded by Commr. Theus and carried, a resolution was adopted that the County will assume and pay any tax assessed against the above-described property.
state agencies
Attorney Duncan submitted a letter from the Department of Public Safety advising they are not interested in reconveying the west 200 feet of the property which Lake County deeded to the State for the benefit of the Florida Highway Patrol Station.
A motion was made by Commr. Dykes, seconded by Commr. Babb and carried and a resolution adopted requesting the Game and Fresh Water Fish Commission to restrict the use of trot lines in Lakes Dora, Beauclair, and Carlton during the night hours only.
R. M. Hanks and W. A. Pinson of Montverde appeared and objected to the commercial fishermen in Lake Florence; whereupon, on a motion by Commr. Dykes, seconded by Commr. Cowart and carried, a resolution was adopted requesting the Game & Fresh Water Fish Commission to prohibit trot lines in Lake Florence entirely.
rights of way – except roads
Attorney Duncan presented a letter from the Florida Power Corp. advising that the right of way necessary for the construction of a transmission line through Lake County is 170 feet and not 300 feet wide.
roads – state
Attorney Duncan submitted an agreement executed by the Florida Power Corp. for proposed lighting of the interchange at State Road 500 and State Road 19 at a monthly charge of $99.25. On a motion by Commr. Dykes, seconded by Commr. Babb and carried, a resolution was adopted that the contract be executed, provided cost of the lighting can be made from secondary funds.
roads – county
On the recommendation of the Attorney and on a motion by Commr. Dykes, seconded by Commr. Cowart and carried, a resolution was adopted waiving the County’s interest in a reservation contained a in certain deed executed by Orange Belt Securities Company in favor of Peter A. Lee, the reservation being for roadway purposes only:
“Subject to 20 feet for roadways off the North and West sides, or for such width as required by Lake County, Florida.”
On the recommendation of the Attorney and on a motion by Commr. Dykes, seconded by Commr. Babb and carried, a deed conveying the following described property to Lake County was accepted and ordered recorded upon the public records, said property being the particular tract of land referred to in the above reservation:
North 25 feet and West 25 feet of fractional NW ¼ of SE ¼ of Section 6, Twp 22 S., Range 26 E., described as follows:
Begin at the NW corner of said SE ¼ of Section 6, Twp. 22 S, Range 26 E, run thence East 660 feet; thence South 836 feet to a stake at the edge of Grassy Lake; thence South 62̊ 33’ West 742 feet along the shore of said Lake Grassy to the West line of said SE ¼ of said Section 6, Twp 22 S, Range 26 E; thence North 1179 feet to the POB, containing 15.25 acres, more or less.
public health
Attorney Duncan submitted a copy of a letter from the State Board of Health regarding Astor Forest camp sites in which they advise enforcement of the Sanitary Code must come from the local County Health Department.
condemnation proceedings
Attorney Duncan presented a letter from Bishop & Bornstein, Attorneys for the defendant Lefkowitz in Law Case 7226, asking for an additional $500 to settle the suit. The Board members concurring, the Chairman instructed the Attorney to offer $2200 plus $320 attorneys’ fees in settlement, and the Clerk was authorized to issue checks if the offer is accepted.
state agencies
On a motion by Commr. Babb, seconded by Commr. Theus and carried, the Engineer was authorized to prepare a sketch of a concrete walkway, forward same to the Game and Fresh Water Fish Commission and request that walkways be installed at each public boat ramp in the county.
rights of way – roads
Engineer Hays was authorized to go to Tallahassee with the Attorney to discuss with the legal department of the State Road Department the possibility of the County acquiring right of way before road construction begins, on a motion by Commr. Babb, seconded by Commr. Dykes and carried.
bids
The Clerk was authorized to advertise for bids for resurfacing Clay Blvd. and Eustis Road on a motion by Commr. Dykes, seconded by Commr. Theus and carried. Bids to be received on June 7.
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.
road maintenance – subdivisions
It now being the time advertised to hold a public hearing for constructing the following streets or portions thereof, the Chairman called for interested persons to be heard at this time:
All of the streets in the Subdivision known as Milky Way Subdivision and Addition No. 1 thereto, located in Lake County, Florida; NAMELY: Alan Drive from Hazelton Eastward to its Eastern extremity; Pinehill Street from Alan Drive Northward to Washington Street; Lindale Avenue from Hazelton Eastward to its Eastern extremity.
The Clerk submitted letters from the following in objection to this construction:
Mrs. Esther S. Cazer
Gene R. Basta
Mark and Marie Evans
Mrs. Kenneth Altmiller
H. E. Minnick
Edwin J. VanHouten
The following persons appeared in objection to the construction:
Mrs. Esther Cazer
Mrs. Marie Evans
H. E. Minnick
On a motion by Commr. Dykes, seconded by Commr. Babb and carried, the petition as submitted for resurfacing streets in the Milky Way Subdivision was denied for the reason after hearing objections and requests for removal of names, there remained only twenty-six (26) signers to the petition, an insufficient percentage of the property owners as required by law, and the Clerk was authorized to return the checks from the various property owners to Mr. Funkhouser.
On a motion by Commr. Babb, seconded by Commr. Dykes and carried, all bids for this work submitted on March 8, 1965 were rejected.
zoning
On the recommendation of the Planning & Zoning Commission and on a motion by Commr. Cowart, seconded by Commr. Dykes and carried, a resolution was adopted amending the Zoning Rules and Regulations as follows:
SE ¼ of NE ¼ of Section 19, Township 22 South, Range 25 East, now classified and zoned as A (Agriculture), be, and the same is hereby amended, changed and rezoned to Classifications M-1 (Industrial).
Zoning Director Webb filed a report on a Health Course he attended in Gainesville April 19-30.
roads – county
Request from Gunard C. Brautcheck that 300 feet of newly-graded road be installed at the East ½ of Lot 11 in Eustis Meadows Subdivision was referred to the Engineer.
tax assessments
Commr. Dykes presented a letter from Mrs. Mary Salmonsen of Howey advising she did not receive a homestead exemption. The Tax Assessor being out of town, the Clerk was instructed to request he report on this at the next regular meeting.
roads – state
On a motion by Commr. Dykes, seconded by Commr. Babb and carried, the resolution adopted April 5, 1965 requesting the State Road Department to set aside $50,000 from Secondary Funds for the construction of State Road S-455 was rescinded.
road closing
On a motion by Commr. Babb, seconded by Commr. Dykes and carried, a petition to close the following described street was accepted, and a resolution adopted to publish notice of same and public hearing was set for June 7, 1965:
All that portion of Citrus Avenue in Orange Summit Subdivision, located in Section 7, Township 19 South, Range 27 East and lying between Lots 4 and 5 and Lots 14 and 15, of said Orange Summit Subdivision.
soil survey
A memorandum from the Soil Conservation Service advising that 9,992 acres were mapped during April, making a total of 164,624 acres mapped, was filed.
federal agencies
The Clerk submitted a letter from the State Treasurer’s Office requesting that Assurance of Compliance under the Civil Rights Act be completed in order for Lake County to receive future payments from the National Forest receipts. A motion was made by Commr. Dykes, seconded by Commr. Babb and carried, the Clerk was authorized to execute the form and return same to the Treasurer’s Office.
courthouse
On a motion by Commr. Babb, seconded by Commr. Dykes and carried, the Clerk was instructed to notify Otis Elevator Company to install an elevator emergency key and box adjacent to the elevator entrance on the first floor.
juvenile
Judge Milton appeared at the request of the Chairman, and discussion followed with reference to the advisability of the Juvenile Court publishing names of juveniles as a deterrent against the juvenile problem. Judge Milton suggested that public hearings or programs before civic organizations might help decide the advisability of making the names public.
assessments
The Clerk submitted a letter from the Tax Assessor outlining his policy with reference to assessing new developments and subdivisions. A copy of a letter was distributed to each Board member.
railroads
The Clerk submitted letters from the Atlantic Coast Line Railroad Company advising that certain agreements between the Coast Line and the County covering construction and maintenance of public crossings are terminated inasmuch as the tracks through the areas involved have been removed and the rights of way transferred to the County.
The Clerk also submitted copies of letters from the Atlantic Coast Line Railroad Company to private individuals regarding agreements between them and the Coast Line covering construction and maintenance of private crossings, same being terminated for reasons stated above.
tax delinquent
Notice from the Tax Assessor that the following described property has appeared on the tax roll for the years 1961, 1962, and 1963 in error: Lot 5, Block E, Pine Lakes
Request from the Clerk of the Court that tax certificates for the years 1962, 1963, and 1964 issued against this property be redeemed by the Board and cancelled was accepted on a motion by Commr. Dykes, seconded by Commr. Babb, and the Attorney was instructed to write requesting approval from the Comptroller to redeem the certificates.
hospitals
On a motion by Commr. Theus, seconded by Commr. Cowart and carried, the action of the Chairman and Clerk in approving petitions for admission to the State Tuberculosis Hospital for the following persons was approved:
Louise Gustafison Schoeller
Fred Eagle
Thomas McGee
Rasmach Brown
permits
Dredging permits as follows were approved on a motion by Commr. Babb, seconded by Commr. Cowart and carried:
For Roy Alvin Keys – Lake Harris
C. A. Vaughn, Jr. – Lake Harris
Use permits as follows were filed by the Engineer:
To Frank W. Crosland for the construction and maintenance of 2” water line under County Road 4-5154.
To Sumter Electric Coop, Inc. for construction and maintenance of power line along County Road 1-7611, between Carlton Village and Lake Griffin.
To Sumter Electric Coop, Inc. for the construction and maintenance of power line along County Road 3-0854.
Plats
Clerk Owens advised the Board the plat of Pine Meadows Country Club Estates was signed by him and the Chairman today, same having been approved by the City of Eustis.
county agents
A job description and standard of performance of the Home Demonstration Agent and her assistant were filed.
state road department
The Statement of Status of County’s Secondary Funds as of March 31, 1965 was filed and a copy distributed to each Board member.
A copy of Governor Burns’ proposed $300 million Bond Program to improve the Primary Highway System of Florida was filed and a copy of same distributed to each Board member.
county buildings
The Engineer was instructed to check the partition in the Pioneer Building which the Highway Patrol License Examiner wants removed.
public health
Clerk Owens presented a letter from the Florida Development Commission advising the Clermont Health Center was officially accepted on April 6, 1964 by the US Public Health Service and the Florida Development Commission.
suits affecting county
Clerk Owens advised the State Attorney is filing an appeal in Criminal Case #3417, State of Florida vs. J. H. Hooten, and needs a warrant for a filing fee, whereupon, on a motion by Commr. Babb, seconded by Commr. Theus and carried, the Clerk was authorized to issue a warrant to the District Court of Appeals for $25.
Attorney Duncan advised he has filed a claim in the Estate of Hamp Walker.
county employees
On a motion by Commr. Theus, seconded by Commr. Cowart and carried, Myra Ann Williams was granted a leave of absence from the Welfare Office for two months – May and June.
accounts allowed
On a motion by Commr. Cowart, seconded by Commr. Dykes and carried, the Engineer was authorized to have the parking lots striped at a cost of $79.
On a motion by Commr. Cowart, seconded by Commr. Theus and carried, the Zoning Director was authorized to purchase a Polaroid Camera for the approximate cost of $110.
The request of the Small Claims Court to purchase two docket books from F & R Office Supply, Inc. for a price of $190 was approved on a motion by Commr. Dykes seconded by Commr. Cowart and carried.
On a motion by Commr. Cowart, seconded by Commr. Dykes and carried, transportation costs for L. W. Conner for transporting surplus commodities from Tampa to Tavares was increased to $55 per trip.
The request of the Clerk of the Court for one roller shelf unit in the amount of $99 from Simons Office Equipment was approved on a motion by Commr. Babb, seconded by Commr. Theus and carried.
The request of the County Service Officer to purchase a copying machine from Lanier Company in the amount of $314 was approved on a motion by Commr. Theus, seconded by Commr. Dykes and carried.
On a motion by Commr. Cowart, seconded by Commr. Babb and carried, the payrolls for the month of April were approved.
The Clerk was authorized to issue a warrant in the amount of $1,250 to Neal Huebsch for legal services during the month of April at the Legislature.
communications
A letter from A. R. Foster regarding maintenance of the park area on Lake Gertrude was read and filed.
A resolution from the Tavares Chamber of Commerce regarding Dora Canal and adequate lighting at the intersection of US 441 (SR 500) and SR 19-A were read and filed.
A resolution from the City Council of Mount Dora and the Mount Dora Chamber of Commerce objecting to annexation of the SR 19-A right of way by the City of Eustis was read and filed.
A note of thanks for flowers from John Stokes was read and filed.
A copy of a letter from the State Board of Health regarding the Hand Coin Operated Laundry was filed.
A letter and resolution from Broward County requesting support of the Fourth District Court of Appeal was filed.
Biological, physical and chemical study of Lake Apopka prepared by the Florida State Board of Health was filed.
reports
Monthly reports from the following were filed:
Planning, Zoning and Building Department for April
Surplus Commodity Warehouse for April
County Judge’s Fines, Forfeitures and Costs for April
The Florida Public Welfare News Report was filed.
There being no further business to bring before the Board, the meeting adjourned at 3:45 P.M.
___________________________________ ______________________________
CLERK CHAIRMAN