MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS

 MONDAY – july 12, 1965

The Board of County Commissioners met in regular session in the Commissioners’ Room in the Courthouse at Tavares on Monday, July 12, 1965, at 10 o’clock A.M. with the following present:  Chairman Livingston, Commrs. Theus, Dykes and Babb, Clerk Owens, Attorney Duncan, Engineer Hays and Zoning Director Web.  Mr. Cowart was attending National Convention in San Diego.

The Chairman called the meeting to order and the invocation was given by Mr. Theus.

Minutes

On motion of Commr. Theus, seconded by Commr. Babb and carried, the minutes of the June 7th and June 14th meetings were approved as submitted.

Bids

It now being the time advertised to receive bids for resurfacing Old Frazer Road, the Chairman directed the Clerk to open the bids, whereupon, the Clerk reported receiving bids from the following:

Bay Paving Company, Inc.                 62¢ per sq. yd.

Lindsley Paving Company                  37.5¢ per sq. yd.

J. D. Manly Construction Co.             80¢ per sq. yd.

On motion of Commr. Babb, seconded by Commr. Theus and carried, the low bid of Lindsley Paving Company was accepted.

Indigents

On motion of Commr. Theus, seconded by Commr. Dykes and carried, the following changes were made to the present indigent list:

District No. 1 – No change

District No. 2 – DELETE James Clerk $40.00; and Bonnie Louise Cooper $20.00

Districts No. 3, 4, and 5 – No change

Mrs. Eastwood appeared with reference to request from the National Travelers Aid Service that the County Welfare Department act as an agency for their Service.  The Board members concurring, the Chairman instructed Mrs. Eastwood to refer them to the State Welfare Board.

Hospitals

Mrs. Mary Hamner, Director of the Nursing Home, appeared with reference to vacation time.  She was authorized to take the first two weeks in August for her vacation.

Roads – subdivisions

Mr. Vernon Jacobs appeared representing the property owners of Perch Street in Orange Blossom Estates.  Mr. Jacobs stated the owners are willing to pay for the material to improve their street if the County will furnish the labor.  Commr. Babb agreed to use his road crew for the work and instructed Mr. Jacobs to bring the money into the Clerk’s office.  Approximate cost per owner according to the Engineer was $30.00.

State agencies

John Hogsett and Delos Kane from the Lake Improvement Assn. appeared with reference to the improvements of Lake Griffin and other lakes in the County.  They are interested in discouraging the waste of game fish.  After lengthy discussion regarding various ways of solving the problem, motion was made by Commr. Theus, seconded by Commr. Dykes and carried that this Board request the Game and Fresh Water Fish Commission by resolution to designate Lake Griffin as a fish management lake and to place a minimum size of 12 inches on bass.  (This action rescinded August 2, 1965.)

Engineering department

Mr. Neff, member of the Hillsborough County Commission, appeared and requested permission to inspect the County sign shop where the road signs are assembled.  Engineer Hays was instructed to show this facility to Mr. Neff.

Roads – county

Letter from Ed Engelhardt of Tavares regarding the condition of Ohio Street in Bassville Park was referred to the Zoning Department and Commr. Babb.

Tax assessment

Letters from E. A. Reynolds and the Tax Assessor with reference to over-assessment on the following described property which has been sold at a tax sale were referred to the Attorney:

West 50 feet of South 125 feet of Lot 4, Block 2, Caronel Acres

Courthouse

Commr. Dykes advised Coven Construction Company has been instructed to rehang the pictures of Lake County pioneers in the Circuit Court Room in accordance with Judge Hall’s instructions.

County property

Commr. Babb reported the signs at the former Astor dump site are not stopping people from using the site as a garbage dump.  He will discuss with the Sheriff the enforcement of the resolution closing the site as a dump.

Bids

On motion of Commr. Babb, seconded by Commr. Dykes and carried, the Clerk was authorized to advertise for three trucks for the Mosquito Control Unit.  Bids to be received on August 2, 1965.

oklawaha

The Attorney was directed to request the Oklawaha Water Authority to erect speed limit signs in the Dora Canal and also on the pole at the entrance to the Canal in Lake Eustis.

inventory

The Engineer was instructed to secure the cost of hiring an auctioneer to hold an auction to sell the surplus office equipment from the remodeled Courthouse.

county buildings

On motion of Commr. Dykes, seconded by Commr. Babb and carried, a resolution was adopted declaring the two houses located on Lots G, H, and K in Block 40, Tavares as surplus and authorizing the sale and removal of same.

road closings

On presentation of petition to close the following described streets located in Cathedral Arch Estates and on motion of Commr. Theus, seconded by Commr. Dykes and carried, a resolution was adopted authorizing a public for

Forrest Road and Evergreen Lane, according to the Plat of Cathedral Arch Estates recorded in Plat Book 11, Page 17, public records of Lake County, Florida, the centerline of said streets being more particularly described as follows:

Commence at a point on the centerline of said “Forrest Road” which is North 89o54’ West 12.50 feet, and North 0o04’ West 57.74 feet from the Southwest corner of Lot 4, Block B, of Cathedral Arch Estates, same point being the start of a 6o30’ curve to the right with a delta angle of 89o55’, thence run along said curve a distance of 521.98 feet to the point of beginning; thence continue running in a Northeasterly direction along said curve a distance of 861.35 feet to the end of said curve; thence run North 89o51’ West 375.74 feet to the intersection of “Evergreen Lane;” thence run South 0o00’45” East 656.72 feet to the end of said centerline; LESS a 35 foot right of way dedicated to Lake County, and crossing said road from Lot 3 in Block B to Lot 4 in Block A.

appointments

The Chairman submitted letters from the Governor’s office requesting recommendations for members of the Withlacoochee River Basin Water Management Board and the Oklawaha River Basin Water Management Board.  Action was deferred until the proper parties can be contacted.

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.  Mr. Theus was not present during the afternoon session.

State road department

The Engineer was directed to request the State Road Department to widen to 30 feet and resurface Citrus Avenue in Eustis from Bay Street to Grove Street and include the cost of same in road contract.

Outdoor recreational facilities

The Board members concurring, Chairman Livingston appointed Zoning Director Webb to serve with Commr. Dykes on the Florida Outdoor Recreational Planning Committee.

Deeds

On recommendation of the Engineer and on motion of Commr. Babb, seconded by Commr. Dykes and carried, the Chairman and Clerk were authorized to execute deed conveying the following described property to Ernest P. Kidd and Martha L. Kidd in exchange for 10’ right of way:

All that certain parcel of land, if any, lying between the Northwesterly boundaries of Lot 131, Eldorado Heights Subdivision, according to the plat thereof recorded in Plat Book 3, Page 7, and the waters of Lake Eldorado.

zoning

It now being the time set for public hearing on re-zoning application of Warren J. Crane, the Chairman called for interested persons to be heard at this time.

The following appeared objecting to the rezoning:

            Dennis Larabee, W. R. Royster, Mrs. James Hadsock, W. R. Bush

Mr. Crane was the only person appearing in support of the re-zoning.

Attorney Duncan advised the Board the Court has established from a former case that if a business was in operation before the zoning regulations went into effect, the County has no authority to change the zoning; whereupon, on motion of Commr. Babb, seconded by Commr. dykes and carried, a resolution was adopted amending the Zoning Rules and Regulations as they pertain to the following tract of land, to the Classification designated after the description thereof:

Tract A, described as follows:  Commence at the center of Section 12, Township 19 South, Range 25 East, run thence North 0o7’15” East 367 feet to a concrete monument; thence run North 87o8’ West 830 feet to a concrete monument; thence run North 7o17’ East 430 feet to an iron pipe; thence South 88o2’ West 126 feet to an iron pipe; thence run South 71o7’ West 90.5 feet to an iron pipe; thence run North 78o18’ West 27.5 feet for the point of beginning for this tract; thence run North to the waters edge of a canal generally known as the Oklawaha Canal; thence run Easterly along the mean high water mark of said Oklawaha Canal to its Easternmost points; thence continue Southerly and Southwesterly along the mean high water mark of said canal to the most Westerly point, being at a platted roadway extending from said island Southerly; thence continue West across said roadway to intersect the mean high water mark of the canal, thence continue Westerly, Southerly, Southwesterly, and Northwesterly along said waters edge to a point due South of the Point of Beginning; thence continue North to the point of beginning, INCLUDING the area used for boat storage on the North side of said island;

now classified and zoned as R-1 (Residential), be, and the same is hereby amended, changed and rezoned to Classification  C-1 (Commercial)l that said change is made upon evidence presented to the Board that the above described property was being used for the purposes for which it is now being used prior to the adoption of the Zoning Rules and Regulations of Lake County; that although said property was being used for Commercial purposes at the time of the adoption of said Zoning Rules and Regulations, said property was zoned and classified as R-1, Residential; and that said property has been used on the basis of a non-conforming use ever since said Zoning Rules and Regulations were adopted.

On motion of Commr. Dykes, seconded by Commr. Babb and carried, resolutions were adopted amending the zoning rules and regulations as they pertain to the following tracts of land, to the Classifications designated after each description:

1.      Begin 42 feet West of the Northwest corner of the NE ¼ of the NW ¼ of the NE ¼, in Section 29, Township 19 South, Range 25 East, Lake County, Florida; run thence South 232 feet, West 170 feet, North 64 feet, West 186 feet, North 168 feet, East 356 feet to Point of Beginning; now classified and zoned as R-1A (Residential), be. And the same is hereby amended, changed and rezoned to Classification A (Agriculture).

2.      Lot 1,  Block 8, Town of Conant, located in Section 8, Township 18 South, Range 24 East, Lake County, Florida; now classified and zoned as R-1A (Residential), be, and the same is hereby amended, changed and rezoned to Classification R-2, with Mobile Home Exceptions.

3.      Lot A of a subdivision of Lots 6, 7, and 8, Block 38 of Silver Lake Estates Subdivision, as recorded in Plat Book 5, page 55, Public Records of Lake County, Florida; Lots 1 and 2, and all of Lots 3, 4, and 5, lying North of the Highway right of way, Block 38, as recorded in Plat Book 10, page 68, Public Records of Lake County, Florida; now classified and zoned Classification A – Agriculture (to permit billboard advertising).

4.      Beginning at the Northeast corner of Lot 15, Block 33,  Silver Lake Subdivision, as recorded in Plat Book 10, page 68, Public Records of Lake County, Florida, go South 587 feet, thence Westerly 400 feet parallel to the South line of Lot 14 and 15, Block 33, thence Northeasterly parallel to the East line of Lot 14, Block 33, to the North line of Lot 14, Block 33, thence Easterly along North line of Lots 14 and 15, Block 33, to the Point of Beginning; now classified and zoned as R-1A (Residential), be, and the same is hereby amended, changed and rezoned to Classification A (Agriculture).

Gene Smith appeared with A. S. (Ted) Egliori with reference to re-zoning application from Mr. Egliori which was denied on June 14th by the Planning and Zoning Commission.  After hearing Mr. Smith and Mr. Egliori and the minutes of the hearing of June 24th, 1965, the Board requested the Zoning Director to place the application on the agenda of the Zoning Commission for rehearing at their next meeting.

Mr. Webb presented proposed amendment to the Zoning Regulations and on motion of Commr. Dykes, seconded by Commr. Babb and carried, the Clerk was authorized to advertise the proposed amendment and public hearing was set for August 9, 1965 at 2 o’clock P.M.

On motion of Commr. Babb, seconded by Commr. Dykes and carried, the Attorney was instructed to proceed with civil action against zoning violators Ray Eldridge, Box 1104 Eustis, and Bill Monk, Rt. 1, Umatilla.

Opinions – legal

The Attorney was directed to search the law with reference to severance tax and to report his opinion on same to the Board.

Use permits

The Engineer filed use permit to Sumter Electric Coop., Inc. for the construction and maintenance of power distribution line on County Road 2-1024 between County Road 2-1124 and curve in road.

Accounts allowed

Letter from the County Judge with reference to out of County travel for the Juvenile Counselors on June 24, 1965 was read and the Clerk was instructed to attach same to the travel vouchers.

Expenses of the Civil Defense Director to go to Starke, Florida to check on availability of surplus property were authorized on motion of Commr. Babb, seconded by Commr. Theus and carried.

On motion of Commr. Babb, seconded by Commr. Dykes and carried, the Civil Defense Director and the Assistant Civil Defense Director, H. G. Drake, were authorized to attend Fall Conference in Cocoa Beach on August 4 – 6th; also, the Civil Defense Director was authorized to attend Eastern Training Center in Brooklyn, New York on August 12 – 30th, 50 percent of expenses to be reimbursed by Federal Funds.

Request from Fred Kuhlman, Contractor, on Courthouse Annex Addition in the amount of $11,376.00 was approved on motion of Commr. Dykes, seconded by Commr. Babb and carried.

Expenses of the Zoning Director and the Chairman were approved to attend E. Central Florida Regional Planning Council meeting in Vero Beach on July 21st.

On motion of Commr. Dykes, seconded by Commr. Theus and carried, the following vouchers were approved for payment:

General Revenue Fund

Nos.

1692

1916

Mosquito Control State II

 

53

58

Road and Bridge

 

1049

1158

Fine and Forfeiture

 

168

191

Capital Outlay Reserve – County Buildings

 

24

27

 

Accounts refused

Letter from L’Avant Studios of Tallahassee requesting the Board’s permission to paint an oil portrait of Robert McNamee, Speaker of the House in 1899, was read and no action taken.

Cancellation of warrant

On motion of Commr. Dykes, seconded by Commr. Theus and carried, the Clerk was authorized to cancel General Revenue Fund Warrant #1944 payable to Orlando Sentinel-Star in the amount of $5.25, dated June 14, 1965, same being a duplicate payment.

Communications

Copy of letters from the State Board of Health with reference to Fruitland Park Elementary School Cafetorium and Florida Baptist Convention Retreat were filed.

Information Bulletin No. 2 from the Civil Defense Council was filed.

reports

Progress Report from the Civil Defense Council was filed.

Following monthly reports for June were filed:

County Agents

Welfare Department

County Judge’s Fines, Forfeitures and Costs

 

There being no further business to bring before the Board, the meeting adjourned at 3:15 o’clock P.M.

 

___________________________________                          ______________________________

CLERK                                                                                   CHAIRMAN