MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS

 MONDAY – june 5, 1967

The Lake County Board of County Commissioners of Lake County, Florida, met in regular session in the Commissioners’ Room in the Courthouse in Tavares on Monday, June 5, 1967 at 10:00 a.m. with the following members present:  Chairman Dykes, Commrs. Theus, Cowart, and Babb.  Others present were Clerk Owens, County Attorney Duncan, County Engineer Hays, Zoning Director Webb, and Deputy Clerk Norma Coven.  Commr. Livingston was absent due to illness.

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

bids

It now being the time advertised to receive bids for remodeling the County Judge’s Office, the Clerk called for interested parties to submit their bids.  No bids being received, the Clerk was instructed to readvertised the bids for July 3, 1967 at 10:00 o’clock A.M., on motion of Commr. Theus, seconded by Commr. Babb and carried.

Maps & plats

Mr. E. T. Hall appeared and presented Partial Replat of The Palms Mobile Estates, owners Dorman Ewers and Merle R. Ewers.  Lawyers Title Insurance Corp. Policy #X466-921 dated December 27, 1963 was presented together with title opinion from Inland Abstract & Title Co. bringing the title up to date, shows there are no liens against the property.  On motion of Commr. Cowart, seconded by Commr. Babb and carried, the plat was accepted and approved for record.

County agents

On recommendation of Earl Kelly, Agricultural Agent, and on motion of Commr. Cowart, seconded by Commr. Theus and carried, Robert Mack Jones was employed as Assistant County Agent at an annual salary of $8300.00 effective July 1, 1967, plus annual travel allowance of $1200.00.  Lake County’s share of salary will be $4,310.00.

Licenses and permits

Mr. Kenneth A. Weiler of Chevron Oil Company appeared and requested permission for his company to do exploratory drilling along county rights of way.  On motion of Commr. Babb, seconded by Commr. Cowart and carried, permission was granted provided Chevron Oil Company enters into a signed agreement and provides whole-harmless bond.

Clerk Owens presented letter from the New Jersey Zinc Company also requesting drilling permit and on motion of Commr. Babb, seconded by Commr. Theus and carried, the Attorney was instructed to prepare Drilling and Exploratory Permits to Chevron Oil Company and The New Jersey Company, requiring $5,000 bond.

Road and bridge department

Mrs. Minnie Weems, Mayor of Astatula, appeared and requested permission for Astatula to purchase clay for street construction from the County clay pits, as there is no other available source.  On motion of Commr. Cowart, seconded by Commr. Babb and carried, a resolution was adopted that subject to the supply of clay in excess of immediate needs for County roads, the County agrees to deliver loaded in trucks furnished by the various municipalities, clay at the price of 40ȼ per cubic yard.

Engineer Hays informed the Board the Town of Mascotte is requesting assistance from the County for constructing a town street, and he was instructed to advise Mascotte of the above action.

Letter from Freda A. Hergt complaining that county road equipment has destroyed lot markers along Walton Heath Avenue was referred to the Engineer.

County property

The Engineer advised the County has been taking clay from property of P. G. Jeffcoat, which is adjacent to a County pit, and Mr. Jeffcoat would like to exchange certain lands with the County to correct this.  On advice of the Attorney and on motion of Commr. Theus, seconded by Commr. Babb and carried, Lester Huey was appointed to appraise the properties in question.

Engineering department

Engineer Hays reported the cost for repairs and replacing county road signs has doubled during the past year due to vandalism.  The Board members agreed that anyone caught damaging or destroying county road signs should be prosecuted to the limit of the law.

Contracts and agreements

The Engineer reported the supplier for asphalt materials is not giving good service and would like permission to buy from the second low bidder.  On advice of the Attorney, the Engineer was instructed to secure affirmation from the firm that the price submitted is still in effect.

Roads – county

On recommendation of the Engineer and on motion of Commr. Cowart, seconded by Commr. Babb and carried, a resolution was adopted determining a maximum speed limit of 35 miles per hour on County Road No. 2-1629, extending South from SR 50, and authorized “Children Playing” signs be erected.

On recommendation of the Engineer, County Road No. 1-4124 was accepted as a connecting link with city street and same was accepted for maintenance, as provided in the State Highway Code.

On recommendation of the Engineer and on motion of Commr. Cowart, seconded by Commr. Theus and carried, the following roads were approved as County Roads and accepted for maintenance to be added to the County Road System:

            Nos. 2-2009; 2-2219; 2-2220

The Engineer submitted signed contract with Marion County covering maintenance of Marion County roads by Lake County.

County engineer

On motion of Commr. Theus, seconded by Commr. Babb and unanimously carried, the action of the Board on June 2, 1967 accepting resignation from the County Engineer, Gordon Hays, Jr., was rescinded.

Salaries and wages

On motion of Commr. Theus, seconded by Commr. Babb and unanimously carried, the salary of the County Engineer was increased to $14,000 per year effective October 1, 1967.

On recommendation of the Engineer and on motion of Commr. Theus, seconded by Commr. Cowart and carried, the Board approved the following change in the Pay Plan:

Billy Stevens to replace Steve Pemberton as Maintenance Foreman effective July 1, 1967, at a monthly salary of $430.00 and increase to $440.00 effective August 1, 1967.

deeds

The Right of Way Agent presented deeds conveying the following descried properties to Lake County; whereupon, the deeds were accepted and ordered recorded upon the public records on motion of Commr. Theus, seconded by Commr. Babb and carried:

GRANTORS:             Otto C. Maron, a single man and

                                    William J. Maron and wife, Grace M. Maron

 

That part of:    The NE 1/4 of the NE 1/4, Easterly of SR 33 of Section 29, Township 24 South, Range 25 East, lying Southerly and within 50 feet of the survey line of SR S-474, Section 11518, said survey line being described as follows:

Begin at the Northeast corner of above Section 29 and run South 88°50’33” West 160.20 feet to the West end of said survey line at a point on the center line of SR 33.

 

CONTAINING 5,250 sq. ft. (0.12 acre), more or less.

 

ALSO, that part of:  The above parent tract of land described as follows:

Begin at the intersection of the existing Easterly R/W boundary of SR 33 and the Southerly R/W boundary of SR S-474 as located above and run North 88°50’30” East 20 feet; thence Southwesterly to a point on the Easterly boundary of SR 33 located South 09°26’00” East 20 feet of the Point of Beginning.

CONTAINING 195 square feet, more or less.

GRANTORS:             Ernest J. Maron and wife, Elo H. Maron

That part of:    The NE 1/4 of the NE 1/4, Easterly of SR 33 of Section 29, Township 24 South, range 25 East, lying Southerly and within 50 feet of the survey line of SR S-474, Section 11518, said survey line being described as follows:

Begin at the Northeast corner of above Section 29 and run South 88°50’30” West 160.20 feet to the West end of said survey line at a point on the center line of SR 33.

CONTAINING 5250 sq. ft. (0.12 acre), more or less.

ALSO, that part of:  the above parent tract of land described as follows:

Begin at the intersection of the existing Easterly R/W boundary of SR 33 and the Southerly R/W boundary or SR S-474 as located above and run North 88°50’30” East 20 feet; thence Southwesterly to a point on the Easterly boundary of said SR 33 located South 09°26’00” East 20 feet of the Point of Beginning.

CONTAINING 195 sq. ft., more or less.

GRANTORS:             Robert J. Smith and wife, Anna L. Smith

That part of:    The NE 1/4 of the NE 1/4, Easterly of SR 33 of Section 29, Township 24 South, Range 25 East, lying Southerly and within 50 feet of the survey line of SR S-474, Section 11518, said survey line being described as follows:

Begin at the Northeast corner of above Section 29 and run South 88°50’30” West 160.20 feet to the West end of said survey line at a point on the centerline of SR 33.

CONTAINING 5250 sq. ft. (0.12 acre), more or less.

ALSO, that part of:  The above parent tract of land described as follows:

Begin at the intersection of the existing Easterly R/W boundary of SR 33 and the Southerly R/W boundary of SR S-474 as located above and run North 88°50’30” East 20 feet; thence Southwesterly to a point on the Easterly boundary of said State Road 33 located South 09°26’00” East 20 feet of the Point of Beginning.

CONTAINING 195 sq. ft., more or less.

GRANTORS:             John Richard Riggs and wife, Judith A. Riggs

That part of:    The S 1/2 of the SW 1/4 of Section 23, Township 24 South, Range 25 East, lying within 50 feet of the survey line of SR S-474, Section 11518, said survey line being described as follows:

                        Begin at a point on the West boundary of Section 26, of above Township and Range, located 1.67 feet Southerly of the Northwest corner of said Section 26, said point being on a curve concave to the Southerly, with a radius of 5729.65 feet; thence form a tangent bearing of North 89°14’38” East, run Easterly 137.29 feet along said curve through a central angle of 01°22’22” to the end of said curve; thence South 89°23’00” East 10412.02 feet, crossing the calculated West boundary of Section 25 of above Township and Range, to the beginning of a curve concave to the Southerly with a radius of 2864.93 feet; thence Easterly 6.09 feet along said curve through a central angle of 00°07’18” to a point on the East boundary of said Section 25, located 361 feet Southerly of the Northeast corner of said Section 25.

CONTAINING 36,739 sq. ft. (0.84 acre), more or less.

GRANTORS:             John Richard Riggs and wife, Judith A. Riggs

That part of:    The S 1/2 of the SW 1/4 of the SW 1/4 of Section 23, Township 24 South, Range 25 East, lying within 50 feet of the survey line of SR S-474, Section 11518, said survey line being described as follows:

                        Begin at a point on the West boundary of Section 26, of above Township and Range, located 1.67 feet Southerly of the Northwest corner of said Section 26, said point being on a curve concave to the Southerly, with a radius of 5729.65 feet; thence from a tangent bearing of North 89°14’38” East, run Easterly 137.29 feet along said curve through a central angle of 01°22’22” to the end of said curve; thence South 89°23’00” east 10412.02 feet, crossing the calculated West boundary of Section 25 of above Township and Range, to the beginning of a curve concave to the Southerly with a radius of 2864.93 feet; thence Easterly 6.09 feet along said curve through a central angle of 00°07’18” to a point on the East boundary of said Section 25, located 361 feet Southerly of the Northeast corner of said Section 25.

CONTAINING 36,739 sq. ft. (0.84 acre), more or less.

GRANTORS:             John Tiedtke and wife, Sylvia Tiedtke

That part of:    The N 1/2 of the NE 1/4 of Section 20 and the NW 1/4 of the NW 1/4 of Section 29, Township 24 South, Range 26 East, lying within 50 feet of the survey line of SR S-474, Section 11518, said survey line being described as follows:

                        Begin at a point on the East boundary of Section 25, Township 24 South, Range 25 East, located 361 feet Southerly of the Northeast corner of said Section 25, said point being on a curve concave to the Southerly, with a radius of 2864.93 feet; thence from a tangent bearing of South 89°15”42” East, run easterly 598.08 feet along said curve through a central angle of 11°57’42” to the end of said curve; thence South 77°18’00” East 3693.06 feet to the beginning of a curve, concave to the Northerly, with a radius of 5729.65 feet and a central angle of 06°03’00”; thence Easterly 605.00 feet along said curve to the end of the curve; thence South 83°21’00” East 829.69 feet to a point on the West boundary of above Section 29 located 1234.71 feet Southerly of the Northwest corner of said Section 29, thence continue South 83°21’00” East 4903.25 feet to the beginning of a curve, concave to the Northerly with a radius of 5729.65 feet; thence Easterly 459.28 feet along said curve through a central angle of 04°85’34” to a point on the West boundary of Section 28, of said Township and Range, located 2928.84 feet Southerly of the Northwest corner of said Section 28.

CONTAINING 318,300 sq. ft. (7.31 acres), more or less.

GRANTORS:             John W. Parks and wife, Nancy T. Parks

That part of:    The NW 1/4 of the NW 1/4 of Section 26, Township 24 South, Range 25 E., AND the N 1/2 of the NW 1/4 of Section 25, of above township and Range, lying within 50 feet of the survey line of SR S-474 Westerly of Station 173+50, within 60 feet of said survey line from Station 173+50 to Station 180+00 and within 50 feet of said survey line Easterly of Station 180+00, said survey line being described and said Stations being located as follows:

                        Begin at a point on the West boundary of aforesaid, Section 26 located 1.67 feet Southerly of the Northwest corner of said Section 26, said point being on a curve concave to the Southerly, with a radius of 5729.65 feet; thence from a tangent bearing of North 89°14’38” East, run Easterly 137.29 feet along said curve through a central angle of 01°22’22” to the end of said curve; thence South 89°23’00” East 650.00 feet to Station 180+00; thence continue South 89°23’00” East 4308.00 feet to the beginning of a curve concave to the Southerly, with a radius of 2864.93 feet; thence Easterly 6.09 feet along said curve through a central angle of 00°07’18” to a point on the East boundary of said Section 25 located 361 feet Southerly of the Northeast corner of said Section 25.

Part (1) CONTAINING 100,577 sq. ft. (2.31 acres), more or less.

Part (2) CONTAINING 276,281 sq. ft. (6.34 acres), more or less.

Insurance

Clerk Owens submitted list of recommendation from the Florida Inspection and Rating Bureau regarding safety improvements to the County Buildings and advised that all the items have been correct with the exception of the Pioneer Building.  A motion was made by Commr. Theus, seconded by Commr. Babb and carried, that Lenhart Election make an inspection of the wiring in the Pioneer Building and recommend to the Board work that is necessary immediately.

Laws and legislature

Attorney Duncan filed copies of special acts which have passed the Legislature and become laws without the Governor’s approval.  HB #571 authorizing $4,000 payment to the Game and Fresh Water Fish Commission for additional seining in Lake Griffin.  Permissive Act, HB #967, authorizing the establishment of a pollution control board.  HB #570 authorizing repayment to the Board members for loss of monies between June 1 and October 1, 1965.

The Attorney reported the bill relative to collecting addition $1.00 on fishing licenses has been passed by the House and forwarded to the Senate.  The State ambulance bill is now a law, but very general in nature.  The local bill is on the calendar.  Could not get any legislator to introduce a bill establishing the width of county roads by prescriptive right.

Clerk Owens presented letter from the East Central Florida Regional Planning Council supporting SB #190 permitting cities and counties to establish local planning commissions and requesting this board’s endorsement of same.  On motion of Commr. Theus, seconded by Commr. Babb and carried, the Attorney was directed to write to all the legislators in the seven-county area endorsing the bill.

Copy of HB #1 relating to the distribution of the 7ȼ gas tax was filed.  Also, HB #756 providing for periodic re-examination of all licensees.  Letter from the County Prosecutor was read and referred to the Attorney relative to legislation correcting the present law. 

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.

Opinions – legal

The Clerk presented opinion from the Attorney General relative to the duty of the Board to furnish office space, furniture, etc. to official court reporters.  This was discussed and referred to the Attorney.

Complaints

The Clerk submitted a letter from Robert W. Thompson complaining of the Board’s action on March 13, 1967 in allowing canal in Thompson Place to be filled in.  The plat was reviewed and the letter was referred to the Attorney.

budget

Clerk Owens presented the State Road Department’s Tentative Budget and Program of Work for the fiscal year July 1, 1967 – June 30, 1968, and advised copy of same is posted in the Courthouse lobby.

State road department

Notice form the State Road Department advising that F & MC Concrete Co., Inc. was low bidder on the Palatlakaha River Bridge and approaches in the amount of $88,523.24, was read and filed.

Roads – state

Clerk Owens presented letter from the State Road Department relative to traffic and planning survey of the intersection of SR 25 and SR S-466 (Picciola Road) advising the survey indicates insufficient vehicular traffic to warrant a traffic signal.

Request from the Eustis Chamber of Commerce for better lighting at the interchange of SR 500 and SR 19 was read and filed.

Roads – county

Letter form James McGregor for maintenance of Tuscanooga Road was referred to the Engineer.

County buildings

Clerk Owens submitted a letter from Dr. F. P. Holman complaining that unauthorized persons have been occupying the Veterans Hall at Umatilla.  Commr. Babb informed the Board the County has no jurisdiction over ground rules for the Hall, this is established by the House Committee appointed by this Board.  The Clerk was instructed to notify Dr. Holman of this and to forward copies of letter to the House Committee.

Ambulance service

Letter from Universal Medical Services, Inc. asking that they be considered on a contract basis to furnish ambulance service within the County was read and filed.

Report – official

Report of Receipts, Expenses, and Net Income for the year ending December 31, 1966 from Ernest C. Aulls, Jr., Judge, Small Claims Court was filed.

Pensions

The Clerk presented letter form the Comptroller’s Office with reference to Confederate Pensioner Mrs. Nonnie Gray, and on motion of Commr. Cowart, seconded by Commr. Babb and carried, the Clerk was instructed to reply that continuation of pension payments is in order.

County depositories

On motion of Commr. Cowart, seconded by Commr. Theus and carried, the following depositories were designated for the fiscal year 1967-68, and the Clerk was instructed to so notify the Tax Collector:

            General Revenue Fund                       - First State Bank & Trust Co., - Eustis

                                                                          First National Bank, Eustis

                                                                          First National Bank, Mount Dora

            Fine & Forfeiture Fund                       - Citizens Bank of Clermont, Clermont

                                                                          Peoples State Bank, Groveland

            Road and Bridge Fund                       - Citizens National Bank, Leesburg

                                                                          First National Bank, Leesburg

                                                                          Bank of Mount Dora, Mount Dora

            Capital Outlay Reserve Fund             -

                        County Buildings                    - Umatilla State Bank, Umatilla

                        County Home                         - Peoples State Bank, Groveland

            Bond Interest & Sinking Fund           - Umatilla State Bank, Umatilla

            Road & Bridge Special Assessment   - Bank of Tavares, Tavares

            Special District

            South Lake Memorial Hospital           - Citizens Bank of Clermont, Clermont

            Northeast Lake County Hospital District –

                                                                          First State Bank & Trust Co., Eustis

            Northwest Lake County Hospital District –

                                                                          Citizens National Bank, Leesburg

Bonds – misc.

Deputy Sheriff Bond for Willard A. Barnes was approved on motion of Commr. Babb, seconded by Commr. Cowart and carried.

Hospitals

On motion of Commr. Theus, seconded by Commr. Babb and carried, applications to the Southwest Florida Tuberculosis Hospital for Coy Leon Strickland and Eugene Brownlee were approved as executed by the Chairman and Clerk.

Equalization board

The Clerk was authorized to prepare notice and advertise that the Board will convene on August 7, 1967 at 9:00 o’clock A.M. for the purpose of reviewing and equalizing the assessment roll for 1967.

Licenses and permits

Bond for permit to carry firearms for James P. Weir was approved on motion of Commr. Cowart, seconded by Commr. Babb and carried.

The Right of Way Agent filed the following Use Permits:

Permit No. 94 to Florida Telephone Corp. for the construction and maintenance of buried cable along County Roads 3-1837 and 3-1838.

Permit No. 95 to Florida Telephone Corp. for the construction and maintenance of buried cable along County Road 5-7991.

To the City of Leesburg for the construction and maintenance of gas line across County Road 1-4807.

To South Umatilla Water Co. for the construction and maintenance of water line along County Roads 5-7264 and r-7265.

To the City of Mount Dora for the construction and maintenance of water line under County Road 4-4465.

To Sumter Electric Cooperative, Inc. for the construction and maintenance of power line along County Road 2-2605.

The Engineer filed letter form the U. S. Forest Service authorizing repairs to clay road at Camp McQuarrie.

Juvenile

Letter from the Juvenile Judges together with publicized opinion of the U.S. Supreme Court relative to Juvenile Courts were referred to the Attorney.

Condemnation proceedings

Attorney Duncan advised in Law Case #6877, Lake County vs Peter, SR 500, there is one unsettle tract of land.  The widow of the owner will donate the right of way provided the County will install a drainage culvert from the road right of way to the canal.  The Engineer informed the Board he has inspected this location, whereupon, motion was made by Commr. Babb, seconded by Commr. Theus and carried, the Board agreed to install the culvert at no cost to the owner.

Outdoor recreational facilities

Attorney Duncan reported to the Board it is the opinion of the Trustees of the Internal Improvement Fund that ownership of the wayside park located in Lake Eustis, West of Tavares, is vested in the Trustees.  He was directed to obtain a resolution from the City of Tavares agreeing to maintain and pay the costs of utilities at the park.

zoning

The Zoning Director filed copy of a resolution adopted by the Board of Zoning Appeals regarding Appeal Case #1-67, appellant DeLos Kane.

Zoning Director Webb advised Rep. Reedy has notified him HB 770 relative to codes for building trades has become a law, whereupon, the Board authorized a public hearing for July 3, 1967 at 2:00 o’clock P.M.

Mr. Webb filed map of the Concept Development Plan prepared by Adley Associates, Inc.

e. central florida regional planning council

Minutes of meeting held April 26th in Orlando were filed and copy distributed to each Board member.

Transfer of funds

On motion of Commr. Babb, seconded by Commr. Cowart and carried, the Sheriff was authorized to transfer $6,500.00 from the Contingency Fund to the following accounts:

            Auto Expense             -           $5,000.00

            Jail Utilities     -             1,000.00

            Jail Equipment -               500.00

Accounts allowed

The Engineer reported the repairs to the Mascotte Barn are completed and the contractor has agreed to make necessary repairs to the roof for $50.00.  On motion of Commr. Cowart, seconded by Commr. Babb and carried, Sterling Huggins was authorized to make the necessary repairs to the roof for $50.00. 

On motion of Commr. Babb, seconded by Commr. Theus and carried, the Engineer was instructed to expend approximately $300.00 to have sand beach pumped in near the boat ramp on Lake Dalhousie.

The County Attorney was authorized to make another trip to Tallahassee relative to local bills, on motion of Commr. Theus, seconded by Commr. Bab and carried.

On motion of Commr. Cowart, seconded by Commr. Theus and carried, the Clerk was authorized to pay Attorneys’ Fees directed in Court Orders in Criminal Cases #5025 and #5045, amounts $500.00 and $300.00.

On motion of Commr. Theus, seconded by Commr. Babb and carried, the low proposal form Whitford’s Appliance in the sum of $259.00, plus $20.00 for installation, for window air conditioner was approved.  Same to be installed in the Nursing Home.

Payrolls for the month of May were approved on motion of Commr. Theus, seconded by Commr. Babb and carried.

communications

Letter from the National Advisory Council on Economic Opportunity was file.

Copy of letter from the District Sanitarian regarding Lake Harris Shores was filed.

Notice from Florida Aviation Division that inspection has been made and approved for a restricted Airport site in Sec. 31, Twp. 18S, R 24 E. upon application of Lyle A. Freitag, was read and filed.

Copy of letter from Florida State Board of Health regarding the City of Leesburg was filed.

Reports

The following monthly reports were filed:

                        Planning, Zoning & Building Dept.

                        Veterans Service Officer

                        Surplus Commodity Warehouse Supervisor

                        County Agents and Assistants

There being no further business to bring before the Board, the meeting adjourned at 2:30 o’clock P.M.

 

___________________________________                          ______________________________

CLERK                                                                                   CHAIRMAN