MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
MONDAY – june 7, 1965
The Board of County Commissioners met in regular session in the Commissioners’ Room in the Courthouse at Tavares on Monday, June 7, 1965, at 10:00 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.
bids
It now being the time advertised to receive bids for resurfacing certain roads, the Chairman directed the Clerk to open the bids and the Engineer to tabulate same, whereupon, the Engineer reported receiving bids from the following:
Macasphalt Corp.
Basic Asphalt Corp.
Orlando Paving Company
Motion was made by Commr. Dykes, seconded by Commr. Babb and carried, that the low bid of Basic Asphalt Corp. be accepted.
Road closings
It now being the time advertised to hold a public hearing to consider petition to close the following described street, the Chairman called for interested persons to be heard at this time:
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.
There being no objections or complaints and on motion of Commr. Dykes, seconded by Commr. Babb and carried, the Board adopted a resolution closing the above described street.
It now being the time advertised to hold a public hearing to consider petition to close the following described street, the Chairman called for interested persons to be heard at this time:
That part of Oak Street lying between Lots C and D according to the plat of Glendale, a subdivision in Lake County, Florida recorded in Plat Book 1, Page 46 of the public records of Lake County, Florida.
There being no objections or complaints and on motion of Commr. Babb, seconded by Commr. Dykes and carried, a resolution was adopted closing the above described street.
federal agencies
Harvey Benson of the U.S. Forest Service appeared with reference to the Forest Service renting diesel pumps and pipe from the County in case of a severe forest fire. On motion of Commr. Theus, seconded by Commr. Babb and carried, the Engineer and Attorney were authorized to review the rental price established by the Board previously and recommended any changes at the next regular meeting.
Motion was made by Commr. Babb, seconded by Commr. Dykes and carried, in the event of an emergency that the Forest Service be allowed the use of the pumps and pipe without a signed agreement.
Mr. Benson outlined the new Recreation/Conservation Sticker program sponsored by the Forest Service and also the rate schedules at Alexander Springs.
road maintenance – subdivisions
Mr. Harry W. Fogg of Sylvan Shores appeared and advised the residents of Sylvan Shores are interested in paving the streets in the subdivision, however, they do not expect the County to maintain them after paving and would like to know the procedure to follow to get this work started. Mr. Fogg further stated they do not expect any financial assistance from the County and expect to pay the 20 percent administrative fee for county supervision. The Chairman advised Mr. Fogg if the owners raise the entire cost of the project, they can save some of the administrative expense by eliminating the necessity of going through bond validating procedures.
On motion of Commr. Babb, seconded by Commr. Dykes and carried, a resolution was adopted amending resolution adopted on May 10, 1965 pertaining to paving streets in subdivisions, said amending being in part/as follows:
NOW THEREFORE, BE IT RESOLVED BY THE Board of County Commissioners of Lake County, Florida, that from and after the 1st day of June, 1965, no petitions for the pavement of streets, avenues, boulevards or public ways of any type within any subdivision in Lake County not included within a municipality, after the construction of which there is an agreement that Lake County will assume care and maintenance thereof, will be accepted unless the specifications for construction and pavement thereof shall meet requirements of secondary road construction as set forth in Resolution adopted the 25th day of August, 1961, and approved by the County Engineer; and no petitions for the construction and/or pavement of streets, avenues, boulevards, or public ways of any type within subdivisions in Lake County, and without municipal boundaries of any type, will be accepted until such time as total costs of such construction, including engineering fees, attorney’s fees, preparation of tax rolls, and other necessary costs, are fully subscribed by the owners of lands in said subdivision, or some source secured by said parties. Unless construction and pavement meet specifications of State Secondary Roads, Lake County will make no assurances that pavement will properly maintain ordinary traffic for any specified period of time.
Clerk Owens stated he advised Mr. Funkhouser and other property owners in the Milky Way Subdivision that the offer made by the Board to resurface the streets in Milky Way Subdivision must be accepted and bids advertised by June 1st.
roads – county
Mr. Jack Pack of Leesburg appeared and complained of adjoining property owner barricading public road which gives him access to his property at the end of South Street. Attorney Duncan advised we will need two affidavits establishing this road as a public road. Commrs. Theus and Cowart stated their road foremen can verify the fact the County has maintained the road for twenty years, and they will secure the necessary affidavits from them.
On motion of Commr. Dykes, seconded by Commr. Babb and carried, a resolution was adopted establishing a speed limit of 45 MPH on Minnehaha Lakeshore Drive from Hook Street to SR 561.
On motion of Commr. Dykes, seconded by Commr. Babb and carried, a resolution was adopted establishing a speed limit of 45 MPH on Dillard Road, Eudora Road, and that portion of SR 44 North to SR 19.
Roads – state
Mr. A. L. Andrews appeared and presented written request from property owners in the vicinity of the Eustis Interchange for a westerly crossover on SR 500, advising he would personally be responsible for the cost. Commr. Dykes stated he and the Engineer will contact the State Road Department in Leesburg regarding this.
The Clerk presented right of way contract on Job 11100-2503, SR 19, together with State Road Department resolution, sepia and prints of the Map of Survey and Location, whereupon, on motion of Commr. Babb, seconded by Commr. Dykes and carried, the Chairman and Clerk were authorized to execute the contract and a resolution was adopted authorizing the Attorney to proceed to take the necessary steps to acquire necessary rights of way for that portion of Section 11100, State Road 19, extending from the South City Limits of Umatilla Northeasterly to the North City Limits of Umatilla.
The Clerk presented right of way contract on Job 11650-2602, SR S-468, together with State Road Department resolution, sepia and prints of the Map of Survey and Location, whereupon, on motion of Commr. Cowart, seconded by Commr. Babb and carried, the Chairman and Clerk were authorized to execute contract and a resolution was adopted authorizing the Attorney to proceed to take the necessary steps to acquire necessary rights of way for that portion of Section 11650, SR S-468, extending from SR 44 Southerly and Easterly to State Road 25 in Leesburg.
The Clerk submitted for filing notice from the State Road Department as follows:
Job 11502-8601 between SR 44 and SR 19 northwest of Eustis accepted on May 10th for secondary maintenance.
Job 11507-8601 between SR 25 in Minneola and Orange County line returned to County for maintenance.
Job 11503-8602 from 561 northerly to South city limits of Clermont returned to County for maintenance.
budget
The Civil Defense Director, Floyd W. Hess, appeared and presented budget for his office for the coming year.
county buildings
Jack Jones, Architect, appeared with reference to plans for the proposed building for the Engineering and Zoning Departments. Architect’s estimated cost of the building is $69,400; provision to include necessary footings for a second floor will increase the cost $3,150.00. The plans cover 4,907 sq. ft. Engineer Hays advised the above costs do not include removing the existing buildings or paving the parking lot. Mr. Jones advised the above figures do not include landscaping or furnishings. Cost of landscaping will be approximately $1,000 and furnishings approximately $7,500, and Architect’s fee of 4-1/2% - $3,350, 1-1/2% for preliminary plans amounting to $1,000 to be paid in this fiscal year, making a total cost of $85,400. On motion of Commr. Babb, seconded by Commr. Theus and carried, the plans as submitted by the Architect were approved.
legislation
W. H. Reedy appeared and expressed appreciation to the Board members for their cooperation with the legislative delegation. Attorney Duncan stated Mr. Reedy has certainly cooperated with the wishes of this Board. Mr. Reedy advised the Board of bills passed affecting Lake County including the Mobile Home Bill and the Northwest Hospital District Bill.
Copy of telegram sent May 27th to the legislative delegation by the Chairman urging support of Senate Bill 132 was read and filed.
Condemnation proceedings
Emery Dillard appeared and advised he has exhausted all means of procuring the Dora Canal property, whereupon, on motion of Commr. Dykes, seconded by Commr. Babb and carried, a resolution was adopted instructing the Attorney to proceed with suit to acquire the property by eminent domain.
recess and reassembly
The Board recessed for lunch at 12:00 p.m. and reconvened at 1:30 p.m. to take up the remaining items of business, with Vice Chairman Theus presiding.
Road closings
Engineer Hays advised he has heard nothing from Mr. Getford regarding additional right of way in exchange for road he wants closed in Eustis Meadows. He was instructed to contact Mr. Getford again.
Engineer Hays filed Petition to Close Platted Street on behalf of David and Ethel Mathews, whereupon, on motion of Commr. Dykes, seconded by Commr. Babb and carried, the Board authorized a public hearing on July 6, 1965 at 10:00 a.m. to consider the closing of the following described street:
Commence at the Southwest corner of Sec. 26, Tp. 18 S., R. 24 E., thence run East along the South boundary of said Sec. 26, a distance of 1465.85 feet to point of beginning for this tract; thence continue running East 49.65 feet; thence run North 67°55’ East 44.77 feet; thence run North 76°12’50” East, 67.82 feet to the South boundary of Lot 9 in Royal Oak Subdivision, as shown by Plat thereof filed and recorded in the Public Records of Lake County, Florida, in Plat Book 12, page 93, thence run West along the South boundary of said Lot 9, a distance of 157.11 feet to the Southwest corner thereof; thence run South 0°10’15” East, 33 feet to the point of beginning;
ALSO: From the Southwest corner of Section 26, Twp. 18 S., R. 24 E., Lake County, Florida, run East along the South line of Section 26 for 1082.59 feet to the Point of Beginning of this description which is the intersection of the North right of way line of the existing road and the Section line; Thence from the point of beginning run East, along the Section line 383.27 feet; thence run North 0°10’15” West 33 feet to the Southwest corner of Lot 9, in Royal Oak Subdivision, according to the plat thereof recorded in Plat Book 12, page 93, Public Records of Lake County, Florida; thence run West for 477.52 feet to the North right of way line of the existing road; thence South 72°0’0” East for 80.64 feet; thence South 65°22’ East for 19.36 feet to the point of beginning.
deeds and road closings
Engineer Hays presented dedications of prescriptive road in Cathedral Arch Estates and advised in exchange for the dedications the owners request that Forrest Road and Evergreen Lane in said subdivision be closed; whereupon, on motion of Commr. Dykes, seconded by Commr. Cowart and carried, the dedications covering the following described properties were accepted and ordered recorded upon the public records; and the Clerk was authorized to publish public hearing on closing Forrest Road and Evergreen Lane in Cathedral Arch Estates:
GRANTORS: Lawrence E. Meyer and Ruth W. Meyer
All that part of Lots 1, 2, and 3, Block B and Lot 4, Block A, Cathedral Arch Estates, Plat Book 11, page 17, Official Records of Lake County, Florida, lying within 17.5 feet on each side of the following described centerlines:
Centerline Number 1
From the Southwest corner of Lot 4, Block B of said Cathedral Arch Estates, run North 89°54’ West, 12.50 feet; thence run North 0°04’ West, 57.74 feet to the Point of Curvature of a 6°30’ curve to the right, with a delta angle of 89°55’ and a radius of 881.47 feet; thence run along said curve a distance of 500.00 feet to Point of Beginning; thence run North 85°07’01” East, 356.68 feet to a Point of Intersection; thence run North 82°35’21” East, 340.71 feet to the Point of Curvature of a 190° curve to the right, with a delta angle of 61°54’24” and a radius of 30.16 feet; thence run along said curve 32.58 feet to its Point of Tangency; thence run South 35°30’15” East, 157.32 feet to the Point of Curvature of a 14° curve to the left, with a delta angle of 30°04’15” and a radius of 409.26 feet; thence run along said curve 214.79 feet to its Point of Tangency; thence run South 65°34’30” East, 157.29 feet to the center of a 25 foot dedication in said Cathedral Arch Estates.
Centerline Number 2
From the Southwest corner of Lot 4, Block B of said Cathedral Arch Estates, run North 89°54’ West 12.50 feet; thence run North 0°04’ West, 57.74 feet to the Point of Curvature of a 6°30’ curve to the right, with a delta angle of 89°55’ and a radius of 881.47 feet; thence run along said curve a distance of 500.00 feet; thence run North 85°07’01” East, 356.68 feet to a Point of Intersection and Point of Beginning; thence run North 0°10’21” East, 300.97 feet to the Point of Curvature of and 18° curve to the left, with a delta angle of 27°00’ and a radius of 318.31 feet; thence run along said curve 150.00 feet to its Point of Tangency; thence run North 26°49’39” West, 603.78 feet to the centerline of Carlton Village Road (1-7611).
ALSO: A triangular strip of land described as follows:
From the intersection of the two centerlines described above, run North 82°35’21” East, 17.65 feet; thence run North 0°10’21” East, 17.65 feet to Point of Beginning; thence continue running North 0°10’21” East, 25.00 feet; thence run South 48°37’09” East, 32.94 feet; thence run South 82°35’21” West, 25.00 feet to Point of Beginning.
ALSO: A triangular strip of land described as follows:
From the intersection of the two centerlines described above, run South 85°07’01” West, 17.57 feet; thence run North 0°10’21” East, 17.57 feet to Point of Beginning; thence continue running North 0°10’21” East, 25.00 feet; thence run South 42°38’41” West, 36.88 feet; thence run North 85°07’01” East, 25.00 feet to Point of Beginning.
GRANTORS: Earl H. Brokaw and Electa S. Brokaw
All that part of Lot 4, Block B, Cathedral Arch Estates, Plat Book 11, page 17, Official Records of Lake County, Florida, lying within 17.5 feet on each side of the following described centerline:
From the Southwest corner of said Lot 4, Block B, run North 89°54’ West, 12.50 feet; thence run North 0°04’ West, 57.75 feet to the Point of Curvature, of a 6°30’ curve to the right, with a delta angle of 89°55’ and a radius of 881.47 feet; thence run along said curve a distance of 500.00 feet to Point of Beginning; thence run North 85°07’01” East, 109.18 feet to the Northeasterly boundary of said Lot 4, Block B.
deeds
On recommendation of the Attorney and on motion of Commr. Dykes, seconded by Commr. Babb and carried, corrected deeds as follows were accepted and ordered recorded upon the public records:
GRANTOR: City of Eustis
THE WEST 25 FEET OF: The West ½ of the Northwest ¼ of the Southwest ¼ of Section 14, Township 19 South, Range 26 East;
AND THE WEST 25 FEET OF: The North ½ of the Northwest ¼ of the Southwest ¼ of the Southwest ¼ of Section 14, Township 19 South, Range 26 East.
GRANTOR: Lake County to City of Eustis
THE EAST 25 FEET OF: The West ½ of the Northwest ¼ of the Southwest ¼ of Section 14, Township 19 South, Range 26 East;
AND THE EAST 25 FEET OF: The North ½ of the Northwest ¼ of the Southwest ¼ of the Southwest ¼ of Section 14, Township 19 South, Range 26 East.
road and bridge departments
The Engineer reported he has contacted the various oil companies in an attempt to establish ownership of equipment at the districts barns. Following equipment owned by oil companies according to their records, same being on file with the Engineer:
Pure Oil Company – District 2 – Two underground tanks
District 3 – One underground tank
Standard Oil Co. – District 2 – One skid tank and one grease rack
Texas Company – District 4 – One air compressor and one underground tank
public health
The Engineer submitted letter from the State Board of Health regarding the water system at the Springs Bath and Yacht Club, stating it is his opinion the system is satisfactory. Clerk Owens advised based on letter from the State Board of Health dated May 26th he released Mr. Granholm’s $5,000 cash bond to the Citizens National Bank of Leesburg under date of May 28, 1965.
On motion of Commr. Dykes, seconded by Commr. Babb and carried, the Clerk was authorized to execute revised Part IV of the Project Construction Application for the Clermont Auxiliary Health Center.
soil survey
Mr. Walter Shaffer, Al Furnan, and Carl Lewis, representatives of the Soil Conservation Service, appeared with reference to the soil survey progress made by their field representatives. Mr. Lewis gave an outline and interpretation of the different information compiled by the survey crew. Report showing 8,025 acres mapped during May was filed.
Chairman Livingston was present for the remainder of the session.
zoning
Mr. Dennis Larabee appeared and requested the Board to postpone hearing on rezoning application by Warren Crane of Bassville Park. On advice of the Attorney that no action can be taken on the application until the hearing date, the Board agreed to postpone the hearing until the second regular meeting in July at 2:00 p.m.
The Zoning Director reported he has compiled a survey of industrial property in the County and accordingly there are approximately 3,225 acres zoned C-3, light industry, and 871 acres zoned M-1, industrial. The Board members concurring, Mr. Webb was instructed to furnish this information to the Lake County Development Commission and to work with them on relating matters.
tax refund
Attorney Duncan advised the Comptroller’s Office requires a resolution for reimbursement of taxes on property erroneously assessed, whereupon, on motion of Commr. Dykes, seconded by Commr. Theus and carried, a resolution was adopted requesting approval of the Comptroller to redeem the following tax certificates covering property described as Lot 5, Block E, Pine Lakes Subdivision:
No. 437 of 1964; No. 516 of 1963; and No. 408 of 1962 – Total amount $36.70
railroads
Attorney Duncan submitted letter from the Atlantic Coast Line Railroad with reference to crossing requested by Dr. Hawthorne in which they advise if the crossing is to be used by the public in general, the Board of County Commissioners must make formal application, and if the crossing to be a private facility, then Dr. Hawthorne must make application with the understanding the entire expense will be borne by the applicant. Attorney Duncan was instructed to so notify Dr. Hawthorne.
Federal agencies
Attorney Duncan reported he has searched the law with reference to the County assisting in the installation of a sprinkler system at the Eustis National Guard Armory, i.e. if this is a necessary expense the Board would be authorized to do this. Attorney Duncan was instructed to advise Sgt. Goodwin of his opinion of the law.
insurance
Mr. G. Lacy McCumber, Jr., representative of the Carolina Home Life Insurance Company appeared with reference to a group life insurance plan for County employees. The Chairman advised the Board will consider his plan and advise him of its decision at a later date.
meetings
The Board members concurring, the Chairman stated the first regular meeting in July will be held on Tuesday, July 6th, as Monday will be a holiday.
hospitals
Clerk Owens reported emergency hospital supplies have been installed in a building at the Fair Grounds, and same will be removed during the Fair on March 7-21, 1966.
Notices from the Tuberculosis Hospital regarding the following were filed:
James Wesley Brown discharged with medical advice on May 14, 1965
Nora Myrtle Jennings left against medical advice on May 18, 1965
Seabron Dixon Rigdon left against medical advice on May 3, 1965
licenses and permits
Clerk Owens submitted for filing copy of letter from the Game and Fresh Water Fish Commission to the Southwest Florida Water Management District concerning application for dredging permit #65-121 by T. L. Morgan, also letter from the Southwest approving the permit.
On motion of Commr. Theus, seconded by Commr. Cowart and carried, bonds for Carrying Firearms were approved for Frank E. Kirby and Bessie M. Kirby.
The following use permits were filed by the Engineer:
Lake County #36 to Fla. Telephone Corp. for construction and maintenance of cable crossing County Road 2-3024.
To Mr. Andy Crabb for the construction and maintenance of water line across County Road 2-3127.
To Sumter Electric Coop. for the construction and maintenance of power line along County Road 2-2824.
state agencies
Letter from the Game and Fresh Water Fish Commission was read and filed informing the Board it will not be necessary to make a code book change regarding trot lines in Lake Florence as all land surrounding the lake has been posted.
chamber of commerce
Clerk Owens presented financial report for the Lake County Chamber of Commerce, Alexander Springs Association, Lake County Fair Association, Lake County Fair and Flower Show. At the request of the Board, copies of these reports were furnished to each commissioner.
zoning
At the request of the Board of Zoning Appeals and on motion of Commr. Cowart, seconded by Commr. Babb and carried, the following were recommended for appointment to the Board of Zoning Appeals; and the Clerk was instructed to request the Governor to confirm the appointments:
District 2 – Dalton Payne
District 5 – J. S. Allen, Jr.
pensions
On motion of Commr. Cowart, seconded by Commr. Babb and carried, Mrs. Nonnie Gray was approved to continue to receive Confederate Pension.
Roads – county
Petition requesting the following described road be designated as a County Road was referred to the Attorney, said petition being supported by four affidavits:
Begin at the intersection of the South line of Section 19, Twp. 21 S., R. 25 E., and the Villa City paved road, then run West along the South line of said Section 19 and the South line of the East ½ of Section 24, Twp. 21 S., Range 24 E., to the center line of said Section 24, thence North along said center line of said Section 24 to the center of said Section 24, thence West along said center line of said Section 24 to the Palatlakaha River.
tax assessment
On motion of Commr. Theus, seconded by Commr. Cowart and carried, the Clerk was authorized to advertise notice of completion of tax assessment roll and presentation of same to the Board on July 1, 1965 at 9:00 a.m.
bids
On motion of Commr. Dykes, seconded by Commr. Babb and carried, the Clerk was authorized to advertise for purchase or lease rental with option to purchase Recordak Lodestar Reader Printer. Bids to be received July 6th at 10:00 a.m.
agreements
On motion of Commr. Dykes, seconded by Commr. Theus and carried, Assurance of Compliance under the Civil Rights Act of 1964 for the following departments were approved, and the Chairman and Clerk were authorized to execute same:
Lake Memorial Nursing Home and Commodities
Civil Defense Office
Forest Service
Commodity Warehouse
courthouse
Commr. Dykes stated Charles Butler, air conditioning repairman, has advised him the Courthouse system needs a shutoff valve in the supply line and a boiler drain from the boiler, whereupon, the Clerk was instructed to notify Mr. Hopson to check on these items.
County agents
Chairman Livingston filed resignation of Nancy S. Fox, Assistant Home Demonstration Agent, effective May 1, 1965.
Cancellation of warrants
The Clerk was authorized to cancel Warrant #1582 drawn on the General Fund in the amount of $16.00 payable to Brandon’s Inc. Warrant to be reissued for reduce amount per letter from Agricultural Extension Service dated June 3, 1965.
accounts allowed
On motion of Commr. Dykes, seconded by Commr. Babb and carried, expenses for 4-H activities for the months of June and July were approved in the approximate amount of $522.75.
Expenses of the Zoning Director for travel outside the County on May 28th in the amount of $1.75 were approved on motion of Commr. Babb, seconded by Commr. Dykes; also, expenses to attend special briefing by E. Central Florida Regional Planning Council on June 14th.
The Board members concurring, the Chairman was instructed to turn in expenses for attending meetings of the E. Central Florida Regional Planning Council.
county property
The Clerk submitted letter from the South Lake Waterways Club with reference to lands now titled to the Trustees of the Internal Improvement Fund located in Section 26, Township 22 South, Range 25 East, title to said property having been deeded to Lake County in 1940. On motion of Commr. Dykes, seconded by Commr. Cowart and carried, a resolution was adopted requesting the Trustees of the Internal Improvement Fund to convey to Lake County the following described lands:
All of the NW ¼ of Sec. 26, Tp. 22 S., R 25 E.; otherwise described as the whole of Government Lots Three and Four; also described as all of Tracts One to Four, both inclusive, Thirteen to Twenty, both inclusive, and Twenty-nine to Thirty-two, both inclusive; according to the Plat of Groveland Farms;
ALSO: All of Government Lots Five and Seven in said Sec. 26, Tp. 22 S., R. 25 E.
communications
Resolution from the City of Eustis expressing appreciation for the construction of SR 19 was read and filed.
Copy of letter from State Board of Health re Pine Meadows Country Club Estates was filed.
Copy of letter from State Board of Health re Florida Baptist Retreat Camp was filed.
reports
The following monthly reports for May were filed:
Veterans Service Officer
Zoning Director
Commodity Warehouse Supervisor
Florida Division of Corrections for Road Prison No. 58 and Lake County Jail and Stockade
Fines, Forfeitures and Costs from County Judge
Annual Report of the Florida Agricultural Extension Service was filed.
There being no further business to bring before the Board, the meeting adjourned at 4:15 P.M.
___________________________________ ______________________________
CLERK CHAIRMAN