MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
MONDAY – AUGUST 9, 1965
The Board of County Commissioners met in regular session in the Commissioners’ Room in the Courthouse at Tavares on Monday, August 9, 1965, at 10:00 o’clock A.M. with the following present: Chairman Livingston; Commrs. Theus, Cowart, Dykes and Babb; Clerk Owens; Attorney Duncan; Engineer Hays; and Zoning Director Webb.
The meeting was called to order by the Chairman, and the invocation was given by Mr. Theus.
On motion of Commr. Dykes seconded by Commr. Babb and carried, the minutes of the regular meetings on July 6th and July 12th, and special meetings on July 1st and July 19th were approved.
On motion of Commr. Cowart seconded by Commr. Dykes and carried, the following changes were made to the present indigent list:
DISTRICTS 1, 4 AND 5 - No Change
DISTRICT 2 - ADD Gladys Johnson $40.00
Ted Parker 40.00
Louise Cooper 20.00
DISTRICT 3 - ADD Mary Harrell 15.00
Representatives of the Florida Telephone Corp. were present. Mr. Claude Lock was spokesman for the group and explained the new proposed program of eliminating toll charges between the towns in the County at a cost of 3 to 4 million dollars. The plan will be presented to the Florida Public Utilities Commission in January 1966 and they expect a commitment by the middle of the year. On motion of Commr. Theus seconded by Commr. Dykes and carried, a Resolution was adopted approving the plan of extended service as proposed by the Florida Telephone Corporation.
Daniel Heald appeared at the request of the Board to consider combining his present duties as custodian of the voting machines and working with the Courthouse custodian on the maintenance of the air conditioning system. Mr. Heald said he is willing to consider a full time job provided it will enable him to take care of his family. No action was taken by the Board. Mr. Heald and the Board will consider this matter further.
The Chairman announced Girl Scout Troop #145 of Clermont is present with their leader, Mrs. Ernest Lorenz. Chairman Livingston welcomed the group and requested Commr. Theus to give the girls a brief outline of the duties of the County Commissioners. Mrs. Lorenz expressed appreciation to the Board for allowing the group to visit the Board.
Mr. Lacy McCumber, representative of the Carolina Home Life Insurance Company, appeared with reference to the group life coverage plan he discussed previously with the Board. On motion of Commr. Theus seconded by Commr. Babb and carried, the Board denied Mr. McCumber’s request to make a survey of the County employees and agreed not to enter into such a group plan.
road and bridge department
Engineer Hays reported he has met and discussed with the road foremen recommendations for the purchase of one small gasoline powered transport and a large diesel powered transport to be used county-wide. The following provisions were agreed to by the Board: the gasoline transport will be stored in District No. 1 and the diesel transport will be stored in District No. 3. The salaries of the drivers of each respective unit will be divided equally among the five districts and Districts No. 1 and 3 will maintain the equipment. District No. 4 will assume the costs of radio units for each transport.
On motion of Commr. Theus seconded by Commr. Dykes and carried, the Engineer was instructed to prepare specifications on the transports and the Clerk was authorized to advertise for same.
On motion of Commr. Dykes seconded by Commr. Babb and carried, the Clerk was authorized to advertise for bids for resurfacing County Road 3-3168 (Duda Road); County Road 4-5167 (E. Crooked Lake Drive, and County Road 4-5268 (Country Club Drive). Bids to be received on September 7, 1965 on District No. 4 roads and on October 4, 1965 on District No. 3 road.
Commr. Babb presented written request from Kenneth R. Blakeley and Nancy R. Blakeley for payment from secondary road funds for property taken by the State Road Department for State Road 19. Attorney Duncan advised, the State Road Department has brought suit against the three parties involved and this matter is now out of our hands. Clerk Owens stated the funds have already been deposited in the Registry of the Court Fund. On motion of Commr. Babb seconded by Commr. Theus and carried, the Attorney was instructed to advise Attorney Walton Hunter and Mr. Blakeley the present status of this matter. (This action was killed by further action of the Board later in the day.)
recess and reassembly
The Board recessed for lunch at 12 o’clock noon and reconvened at 1:30 o’clock P.M. to take up the remaining items of business.
Commr. Theus was not present during the afternoon session.
road maintenance – subdivisions
Mr. Anthony Rishar and four other property owners in Orange Blossom Estates appeared with reference to resurfacing Blue Gill Drive. Mr. Rishar presented checks totaling $588.00 to defray the cost of the material. Commr. Babb agreed to do the work and requested Mr. Rishar to get the balance of the money to the Clerk’s office as soon as possible. Mr. Rishar advised most of the lots on Blue Gill Drive are 80’ frontage and the cost is $70.00 per lot.
Attorney Walter Hunter and Mr. Kenneth R. Blakeley appeared with reference to Mr. Blakeley being paid a reasonable amount for his building which he has been forced to remove from the right of way on State Road 19. Attorney Duncan advised Mr. Hunter this matter has already been disposed of by the Board this morning. After further discussion, motion was made by Commr. Babb seconded by Commr. Dykes and carried, and a Resolution adopted requesting the State Road Department to pay Mr. Blakeley from secondary funds the appraised value of his building only.
Clerk Owens advised the Board it is his intention to notify the State Road Department of the Board’s action.
elections – special
Mrs. Katherine Baker, Supervisor of Elections, appeared with reference to some of the changes in the election laws. She requested that polling places be selected for the new voting precincts as soon as possible.
The Clerk notified the Board to select Clerks and Inspectors for the special election and bring list of same to the first meeting in September.
On recommendation of the Planning and Zoning Commission and on motion of Commr. Babb seconded by Commr. Dykes and carried, a Resolution was adopted that the Zoning Rules and Regulations be altered and amended as they pertain to the following tracts of land to the Classifications designated after each description:
1. From the North Quarter corner of Section 18, Township 18 South, Range 25 East in Lake County, Florida, run North 89°13’50” East along the North boundary of said Section 18, 1528.25 feet to the point of beginning of this description. From the point of beginning, run North 63.40 feet; thence South 19°58’30” East, 585.60 feet; thence North 70°01’30” East, 20.00 feet; thence South 50° 18’10” East, 189.57 feet to a corner marker; thence continue South 50°18’10” East, 605.33 feet; thence West 985.76 feet; thence North 8° 57’00” East, 200.00 feet to a concrete monument; thence continue North 8°56’00” East, 800.00 feet to the point of beginning; now classified and zoned as R-1-A (Residential), be, and the same is hereby amended, changed and rezoned to Classification A (Agriculture).
2. N ½ of S ½ of Section 30, lying West of Lake County Parkway along Dora Canal, SW ¼ of SW 1/4 ; S ½ of SW ¼ of NW ¼ in Section 30, Tp. 19 S., R. 26 E., Lake County, Florida.
ALSO: Government Lot 5 lying North and East of Old Dead River Road; Government Lots 6, 8, 9 and S ½ of Lot 7, Section 25, Tp. 19 S., R. 26 E.
ALSO: Begin at the NE corner of Government Lot 7, run thence South 0°01’ East along the East line of said Government Lot 7 a distance of 660.91 feet to South line of N ½ of Government Lot 7 for a point of beginning; thence West 661.74 feet along South line of N ½ of said Government Lot 7, thence North 7°53’40” West 24.01 feet; thence North 61° 28’20” West 308.02 feet; thence South 80°31’30” West 360.43 feet; thence North 84 29’10” West 340.52 feet, thence South 67° 53’50” West 505.97 feet; thence South 37°31’10” West 777.16 feet to a point on the South line of Government Lot 2; thence Easterly along the South line of said Government Lot 2 to the Southeast corner of said Lot; thence Northerly along the East line of Government Lot 2 to the Northwest corner of South ½ of Government Lot 7; thence Easterly along the South line of N ½ of Government Lot 7 to point of beginning, all in Section 25, Tp. 19 S., R. 26 E.
ALSO: Government Lot 8, Sec. 36, Tp. 19 S., R. 25 E., lying North of Woodlea Clay Road.
ALSO: West ¾ OF SE ½ OF SW ¼ of NW 1/4, Sec. 31, Tp. 19 S., R. 26 E.
ALSO: W ½ of E ½ of NW ¼ of SW ¼ of Sec. 31, Tp. 19 S., R. 26 E.
ALSO: W ¾ of NW ¼ of NW ¼ of Sec. 31, Tp. 19 S., R. 26 E.
LESS that part of above under Contract for Purchase to George Daugherty and Associates; now classified and zoned as R-1-A (Residential), be, and the same is hereby amended, changed and rezoned to Classification A (Agriculture).
The Zoning Director advised the rezoning application of Mr. Egliori was again unanimously denied by the Zoning Commission. Mr. Webb read a report from the E. Central Florida Regional Planning Council upholding the decision of the Zoning Commission.
The Zoning Director reported the hearing set for today regarding amendment to the Zoning regulations pertaining to Junk Yards was premature and hearing date will be reset after the Zoning Commission revamps the amendment.
Mr. Webb advised a plan is under consideration regarding the planning program whereby it might be possible to work out something with the E. Central Florida Regional Planning Council as a consultant with no federal assistance necessary.
On motion of Commr. Dykes seconded by Commr. Babb and carried, the Board recommended Paul B. Brown as a member of the Oklawaha River Basin Water Management Board of the Southwest Florida Water Management District.
On motion of Commr. Cowart seconded by Commr. Dykes and carried, the Board recommended A. J. MacDonell as a member of the Withlacoochee River Basin Water Management Board of the Southwest Florida Water Management District.
licenses & permits
Bond for carrying firearms for Phillip M. Bichard was approved on motion of Commr. Theus seconded by Commr. Dykes and carried.
Bond for carrying firearms for Hubert Walker was approved on motion of Commr. Theus seconded by Commr. Cowart and carried.
RESOLUTIONS NOT CLASSIFIED ELSEWHERE
The Clerk submitted Resolution and letter from the St. Lucie County Board endorsing the proposed Amendment to Article IX of the State Constitution to authorize the issuance of bonds for the construction of four-lane primary highways. On motion of Commr. Dykes seconded by Commr. Bab and carried, a Resolution was adopted by the Board endorsing the Amendment and Program of Construction.
board of public instruction
Clerk Owens presented the Resolution as adopted by the Lake County Board of Public Instruction in special meeting on July 29, 1965, fixing the millages to be assessed for School Districts for the Fiscal Year beginning July 1, 1965 and ending June 30, 1966, whereupon, on motion of Commr. Babb and carried, the millages as submitted by the Lake County Board of Public Instruction for the Fiscal Year beginning July 1, 1965 and ending June 30, 1966, were approved and Clerk Owens was instructed to order the Honorable R. G. Cassady, Tax Assessor, to assess the millages as contained in said Resolution and instructed the Honorable Paul H. Reed, Tax Collector, to collect the taxes according to the millages contained therein. Said Resolution being filed and made a part of these minutes. SEE PAGES 286 through 288
List of Errors, Discounts, Insolvencies and Double Assessments on tangibles and real estate as submitted by the Tax Collector against the 1964 tax roll was approved on motion of Commr. Babb seconded by Commr. Dykes and carried.
Statement in the amount of $500 for appraisal services of L. W. Huey and E. R. Waite, Law Case #7335, State Road Department and Lake vs. Blakeley, was referred to the Attorney.
Attorney Duncan submitted letter from the Transamerica Insurance Company pertaining to depositories for tax money collected by the Tax Collector. Letter in part states: “It would appear, therefore, that the Tax Collector has no relief for liability which might accrue to him through depository failure and I assume therefore, that the normal practice is to require collateral deposit by the depository in amount sufficient to protect such deposits.” The attorney was directed to forward copy of the letter to the Tax Collector and Mrs. Lucile Tally, the Agent.
opinions – legal
Attorney Duncan submitted for filing letter to Commr. Theus with reference to the County maintaining a ditch in the City of Leesburg which empties into Lake Griffin. Opinion of the Attorney states, “it would appear that the County has the right to enter upon and clear out a drainage ditch in which the public has acquired a prescriptive right, provided, of course, the County does no appreciable damage to the adjoining property owners in keeping the channel of the canal open.”
On motion of Commr. Babb seconded by Commr. Dykes and carried, the Clerk was authorized to redeem Tax Certificate No. 179 of 1963 in the amount of $73.04.
On recommendation of the County Agent and on motion of Commr. Dykes seconded by Commr. Babb and carried, Elizabeth Anne Bornemann was accepted as Asst. County Extension Home Economics Agent effective September 15, 1965 at an annual salary of $2,630 plus $900 travel expense.
Engineer Hays presented check from the City of Mount Dora in the amount of $1,561.50 reimbursement for their share of costs for resurfacing County Road 4-4480, Old Frazer Road.
On motion of Commr. Cowart seconded by Commr. Babb and carried, expenses of R. E. Norris, County Agent, were approved to attend Soil Conservation Society meeting in Jacksonville on August 27th – 29th.
Request of the Clerk of Circuit Court for one Cott Index Binder and six (6) white canvas patch covers lettered in the amount of $102.00 from Bowen Supply Company was approved on motion of Commr. Babb seconded by Commr. Cowart and carried.
Invoice from Leesburg Typewriter Service in the amount of $150.00 covering rental of two tape recording machines used by the Legislative Delegation was approved on motion of Commr. Babb seconded by Commr. Dykes and carried.
Request of Fred Kuhlman, Contractor, on Courthouse Annex Addition, in the amount of $10,888 was approved on motion of Commr. Cowart seconded by Commr. Babb and carried.
On motion of Commr. Dykes seconded by Commr. Cowart and carried, the County Agent was authorized to purchase an IBM typewriter at an approximate cost of $465.00.
On motion of Commr. Dykes seconded by Commr. Babb and carried, the expenses of the Chairman were approved to attend all meetings of the E. Central Florida Regional Planning Council as a representative of Lake County.
Expenses of Emogene Stegall, Chief Deputy in the office of the Supervisor of Elections, were approved to attend the annual convention in Jacksonville on August 18th – 21st, on motion of Commr. Babb seconded by Commr. Cowart and carried.
Proposal from Stoffel Plumbing Company in the amount of $690.00 for kitchen unit and installation of same in the Courthouse Annex was accepted on motion of Commr. Cowart seconded by Commr. Dykes and a Resolution was adopted authorizing the Tax Collector and Tax Assessor to pay for same from their office funds.
On motion of Commr. Dykes seconded by Commr. Cowart and carried, the following vouchers were approved for payment:
Nos. 1917 – 2123
General Fund – State 2
59 – 64
Road & Bridge
1159 – 1284
Fine & Forfeiture
192 – 213
Capital Outlay Reserve – County Buildings
Capital Outlay Reserve – Health Clinic
6 - 7
Letter from the City of Eustis expressing appreciation for the Engineer’s assistance in surveying the Eustis Industrial Park was read and filed.
Note of appreciation for flowers from the family of John Albert Rose was read.
The following monthly reports for July were filed:
Commodity Warehouse Supervisor
Welfare Department Director
Fines, Forfeitures and Costs Report of the County Judge
There being no further business to bring before the Board, the meeting adjourned at 3:30 o’clock P.M.