MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS

MONDAY – may 13, 1968

The Board of County Commissioners met in regular session in the Commissioners’ Room in the Courthouse in Tavares, Florida, on Monday, May 13, 1968 at 10:00 A.M. with the following members present:  Commissioner Babb, Chairman; Commissioners Theus, Cowart, Dykes, and Windram.  Others present were:  Clerk Owens, Attorney Duncan, Engineer Hays, Zoning Director Webb and Deputy Clerk Norma Coven.

The Chairman called the meeting to order and the invocation was given by the Reverend Joseph Porter, Pastor of the Union Congregational Church of Tavares.

indigents

On motion of Commissioner Dykes, seconded by Commissioner Cowart and carried, the following change was approved to the present indigent list:

            District No. 3 – Cancel Mary Frances Archie  $30.00

 

state agencies

Ed Zagar of the Game and Fresh Water Fish Commission was present and advised the Board’s request to the Commission for a seining program in Lake Harris and Lake Eustis will be considered by the Commission at its meeting in Tallahassee on May 23rd.  If the program is approved, Mr. Zagar said it is his opinion that a new agreement must be completed.  Clerk Owens informed the Board there is money available from the extra $1.00 collected on fishing licenses to pay the County’s share of the program.  On motion of Commissioner Windram, seconded by Commissioner Dykes and carried, Clerk Owens was instructed to write the members of the Game and Fresh Water Fish Commission of Lake County’s interest in the program and ask their approval of same.

Copy of letter from the Lake Improvement Association, Inc. to the Fish Commission regarding this program was read and filed.

Clerk Owens submitted a letter from Palm Beach County requesting Lake County’s approval of the withdrawal by Palm Beach County from the Central Florida Regional Housing Authority, together with the appointment of a Commissioner to represent Lake County to the Authority.  On motion of Commissioner Dykes, seconded by Commissioner Theus and carried, same was referred to the Attorney.

bids

On recommendation of the Engineer and on motion of Commissioner Dykes, seconded by Commissioner Cowart and carried, the low bid of Victor Comptometer Corp. of $1,444.50 for three cash registers was accepted as the best bid.

On motion of Commissioner Cowart, seconded by Commissioner Dykes and carried, the Clerk was authorized to advertise bids for 1968 aerial photographs for the Engineering Department and the Tax Assessor.  Bids to be received June 10, 1968.

deeds

Engineer Hays presented deed of correction from H. W. Bailey and wife Nannie Lee Bailey, whereupon, on motion of Commissioner Dykes, seconded by Commissioner Theus and carried, the deed was accepted conveying the following described property to Lake County:

            ALL THAT PART OF THE FOLLOWING DESCRIBED PARCELS:

 

1-     The NW ¼ of the SW ¼ of Section 6, Township 23 South, Range 26 East.

2-     Lot 26, Monte Vista Park Farms, Plat Book 2, page 27, Public Records of Lake County, Florida in Section 6, Township 23 South, Range 26 East.

 

LYING WITHIN 25 FEET ON EACH SIDE (50 FEET TOTAL) OF THE FOLLOWING DESCRIBED CENTERLINE:

 

Commence at the Northwest corner of Section 6, Township 23 South, Range 26 East; thence run North 89°48’23” East 1330.24 feet; thence run (South 0°02’30” West) 149.41 feet to the centerline of County Road #3-1040 and Point of Beginning of this centerline; thence continue running South 0°02’30” West 4147.98 feet to the start of a curve to the left (concave to the Northeast), with an external angle of 31°53’30” and a radius of 347.25 feet.

 

Attorney Duncan presented deed from the petitioners to close certain streets in Paisley and remarked the conveyance to Lake County is without restrictions; whereupon, on motion of Commissioner Dykes, seconded by Commissioner Windram and carried, deed was accepted conveying the following described property:

            Grantors: Grace Parker, Harley G. Morse and Priscilla C. Morse

Lots 254 and 255 and 268 and the South 11 feet of Lot 267, according to the Plat of Paisley recorded in Plat Bk. 9, Page 73, Public Records of Lake County, Florida.

 

Road closings

Attorney Duncan advised a public hearing was advertised for April 1, 1968 to close certain streets in Paisley and no one appeared objecting to the closing and recommended in view of deed from the petitioners that the streets be closed.  On motion of Commissioner Dykes, seconded by Commissioner Windram and carried, a resolution was adopted closing the following described streets:

That portion of Avenue B lying between Lots 481 and 482, and lying West of Fourth Street.

 

That portion of Avenue C lying East of First Street and Central Avenue, and lying between Lots 250 and 251, and 270 and 271.

 

That portion of Avenue B lying East of East Fourth Street and lying between Lots 11 and 12.

 

ALL according to the Map of Paisley, as filed and recorded in the public records of Lake County, Florida, in Plat Book 9, Page 73.

 

It now being the time advertised to hold a public hearing on a petition to close certain streets in Washington Heights, and no one appearing to object to the closing, a resolution was adopted on motion of Commissioner Dykes, seconded by Commissioner Windram and carried to close the following described streets:

That portion of Holmes Avenue lying between the North boundary of Chautauqua Street and the South boundary of Whittier Street;

 

ALSO: That portion of Emerson Avenue lying between the North boundary of Chautauqua Street and the South boundary of Whittier Street;

 

ALL according to the Plat of Washington Heights, as the same appears filed and recorded in the public records of Lake County, Florida, in Plat Book 10, Page 14.

 

Robert Stebbins, Attorney, presented petition to close unnamed street in Eldorado Heights for Thomas P. Sharp and Ellen W. Sharp, whereupon, on motion of Commissioner Dykes, seconded by Commissioner Windram and carried, a resolution was adopted accepting the petition and authorizing advertising for a public hearing to be held on July 1, 1968 of the intention to vacate and abandon the following described street:

AN UNNAMED STREET, as shown on the Plat of Eldorado Heights as filed and recorded in the public records of Lake County, Florida, in Plat Book 3, Page 7, more particularly described as follows:

 

Begin at the Northeast corner of Lot 164 in the said Eldorado Heights, thence run Southwesterly along the Northerly line of Lots 164 and 165 in the said Eldorado Heights to the Northwest corner of the said Lot 165; thence run Northerly along a Northerly extension of the Westerly line of the said Lot 165 to the waters of Lake Eldorado, the said point being hereby designated as Point “A;” Begin again at the point of beginning, thence run Northerly along a Northerly extension of the Easterly line of Lot 164 in the said Eldorado Heights to the waters of Lake Eldorado; thence run Southwesterly along and with the waters of the said lake to the above designated Point “A.”

 

road maintenance

John A. Harder of Shorewood Park Subdivision appeared and presented written request to get Cypress Drive resurfaced under Chapter 63-1505, Florida Statutes.  Chairman Babb told Mr. Harder if the residents raise the money to resurface the street, the cost will be less than handling under the special assessment.  Attorney Duncan advised the County cannot assess the owners unless the Act is strictly followed, but if the money is raised, the County can do the work.  On mooring of Commissioner Theus, seconded by Commissioner Dykes and carried, a cost of $1.00 per front foot was agreed on if the County does the work.

roads – county

On recommendation of the Engineer and on motion of Commissioner Windram, seconded by Commissioner Dykes and carried, a resolution was adopted prohibiting “thru trucks” on County Road No. 4-3987 between SR 46 and SR 435.

Commissioner Theus said Rufus M. Holloway is interested in installing a drain pipe under a county road in the Fruitland Park area.  The Engineer was instructed to contact Mr. Holloway relative to installing the culvert and to notify him that the County charges $50.00 for repairs to the road.

roads – state

Clerk Owens submitted a copy of a resolution adopted by the City of Mount Dora requesting the County to purchase rights of way for four-laning SR 46 from new SR 500 Eastward to the Lake County line.  After discussing this, Commissioner Windram agreed to meet with the city officials and explain to them the State Road Department plans for this improvement.

Tax assessments

Attorney Duncan reported there is a statute providing the County the right to request the cancellation of taxes on property used for public use or owned by the State.  On motion of Commissioner Dykes, seconded by Commissioner Cowart and carried, the Attorney was instructed to notify the Southwest Florida Water Management District that the County will cancel taxes at the time property is acquired by them upon their request.

Municipal corporations

Commissioner Dykes moved that the City of Tavares be allowed to use the County’s facilities to clean and repair street signs using City personnel.  The motion died for lack of a second.  The Engineer advised the cost of the machine is approximately $300.  Commissioner Theus suggested the cities get together and purchase a machine for their use.

safety

Jack Jones, Architect, was present and advised the schedule for the completion of the Motor Vehicle Inspection Station is:  Eustis, May 21; Minneola, May 27; and Leesburg, May 31.

fair

Mr. Jones also advised the metal building on the old fairground site is completely dismantled and will be re-erected by the 31st of this month.  The drawings on the main fairground buildings are 95 percent complete.  Will submit complete plans and specifications on June 3, 1968.  The plans call for a 100 foot by 150 foot building with restrooms and offices.

Emery Dillard was present and asked if the County was interested in disposing of the fence around the old fairground property.  Attorney Duncan advised the fence was included in the sale of the property.

Road and bridge

The Engineer reported Marion County is not interested in hauling clay from the Austin’s pit.  If no other arrangements are made, they will contact us later.

Condemnation proceedings

Attorney Duncan presented a statement for services rendered in Law Case 7284, Lake County vs Loren L. Liston, et al, in the amount of $1,881.88.  On motion of Commissioner Cowart, seconded by Commissioner Dykes and carried, the bill was approved for payment by the State Road Department from Secondary Funds.

Right of way – roads

Attorney Duncan advised the attorney for the Industrial Corporation of Ohio and Orlando Groves, Inc. are requesting the County to pay $100 legal fees to prepare deeds for road right of way in the Lake Louisa area.  On motion of Commissioner Dykes, seconded by Commissioner Theus and carried, the Board approved payment to the attorneys upon receipt of the right of way deeds.

federal agencies

Application for Recognition of a Community Action Agency from the Office of Economic Opportunity was approved on motion of Commissioner Dykes, seconded by Commissioner Cowart and carried.

Clerk Owens advised the Board should designate a replacement for Bob Webb to represent the Board on the Governing Board of the Office of Economic Opportunity.  Chairman Babb advised this appointment will be taken under advisement.

hospitals

Clerk Owens presented a letter from the Department of Public Welfare addressed to the Lake Memorial Nursing Home regarding an open admissions policy in compliance with the Civil Rights Act of 1964.  Motion was made by Commissioner Theus, seconded by Commissioner Dykes and carried, the notice of the policy of the Lake Memorial Nursing Home be published in the Tavares Citizen.

county property

Attorney Duncan advised he has contacted the bank relative to the sale of the Wells property and they are ready to receive offers.  Mr. Owens also advised he talked with H. E. Gaylord, Attorney, and he is to give us a price on the property.

prisoners

Clerk Owens presented a request from the Boy Scout Council requesting the help of the prison crew to clear the brush and debris at Camp LaNochee.  The Engineer was instructed to have the crew do the work on motion of Commissioner Theus, seconded by Commissioner Dykes and carried.

State road department

Copy of notice from the State Road Department pertaining to traffic regulation changes in Lake County was submitted and filed.

Public health

William Rees of Willston appeared with reference to subdivision under development on Lake Eustis and requesting that the subdivision be exempt from the provisions of the policy adopted by the Board relative to water and sewage treatment plants.  Mr. Rees advised the subdivision will have a central water system and 136 lots on 51 acres.  Commissioner Dykes moved that the property in question be exempt from the provision of the resolution.  The motion died for lack of a second.

Clerk Owens advised there have been several calls from developers for copies of the resolution.  On motion of Commissioner Windram, seconded by Commissioner Dykes and carried, the Engineer was directed to secure a price for having the resolution printed.

Clerk Owens read a copy of a letter from Gordon Folke, Florida State Board of Health, to Dr. Hall relative to correspondence between Commissioner Windram and Dr. Hall relative to the Health Department’s area requirements for septic tank use.

elections

The Clerk submitted a letter from the Governor citing the duties and responsibilities of the Board in the forthcoming elections.

Elections – primary

Certificates of the Canvassing Board showing results of the First Primary Election for the Democratic and Republican Parties were filed.

Licenses and permits

Bond for carrying firearms for Robert J. Rakestraw was approved on motion of Commissioner Theus, seconded by Commissioner Windram and carried.

Use permit to Gail Newman for the construction and maintenance of an irrigation pipe along Road No. 2-0611 between SR 565 and SR 33 was filed by the Engineer.

Bonds – Misc.

Contractor bonds for certificates of competency numbered 342 – 345 were approved on motion of Commissioner Cowart, seconded by Commissioner Windram and carried.

Bonds – county

On motion of Commissioner Theus, seconded by Commissioner Dykes and carried, the Clerk and Attorney were authorized to validate two Motor Vehicle Inspection Revenue Bonds in the amount of $25,000 each, funds to be used to finance expenses of the Motor Vehicle Inspection Stations.

animals

Invitation from the Florida State Animal Control Officers Association to seminar meeting in Bartow on May 25th was filed.

inventory

Offer from Virginia Hansel of $10 for surplus typewriter, County #3640, was tabled pending estimate to repair same.

On motion of Commissioner Dykes, seconded by Commissioner Cowart and carried, gasoline tank stored at the Minneola Barn was declared surplus and offer of $5 from F. L. Lambert for the tank was accepted.

Soil survey and accounts allowed

Zoning Director Webb advised it will be approximately two and a half years before the report of the soil survey is completed.  The Soil Conservation Service in Gainesville will furnish an interim report at an estimated cost of $500 for 2,000 brochures, and they will also pay part of this expense.  Walter Shaffer, Soil Conservationist in Lake County will handle this.  On motion of Commissioner Dykes, seconded by Commissioner Windram and carried, the Board approved this expense.

Mr. Webb informed the Board that Mr. McCauslin will report in the future on junk yard violations.

resolutions not classified elsewhere

On motion of Commissioner Theus, seconded by Commissioner Dykes and carried, the Board adopted a resolution expressing its regret because of the resignation of Robert S. Webb, as Director of the Lake County Planning and Zoning Commission, and wishing him a successful and happy association in his new position.

zoning

On recommendation of the Planning and Zoning Commission and on motion of Commissioner Dykes, seconded by Commissioner Theus and carried, a resolution was adopted amending and altering the Zoning rules and regulations as they pertain to the following tracts of land, to the Classification designated after each description:

1.     The SW ¼ of NW ¼ of Sec. 28, Tp. 19 S.R. 24 E.; LESS: The West 210 feet of the North 420 feet thereof;

 

now classified and zoned as R-1 (Residential), be, and the same is hereby amended, changed and rezoned to Classification A (Agriculture).

 

2.     Begin 945 feet South and 66 feet East of Northwest corner of Section 12, Township 19 South, Range 25 East; run thence South 935 feet, thence East 234 feet, thence North 935 feet, thence West 234 feet to the Point of Beginning;  ALSO: a two-acre artificial island in said Section 12, lying Easterly of the above described tract;

 

now classified and zoned as R-3 (Residential), be, and the same is hereby amended, changed and rezoned to Classification C-1 (Commercial).

 

3.     Beginning at a point East 300 feet and South 851.34 feet from the Northwest corner of Government Lot 10, Section 21, Township 19 South, Range 26 East, said point being on the Northwesterly right of way line curve of SR No. 19 (U.S. Hwy. 441) 132.00 feet from and radial to the centerline of the Southeasterly lane of said road, said curve being concaved Southeasterly and having a radius of 2996.93 feet; thence Northeasterly, along the arc of said curve, 557.27 feet, said arc being subtended by a chord bearing and distance of North 46°04’22” East 556.46 feet; thence West 400.78 feet; thence South 386.04 feet to the Point of Beginning;

 

now classified and zoned as C-1 (Commercial), be, and the same is hereby amended, changed and rezoned to Classification C-2 (Commercial).

 

4.     That portion of the South 875 feet of North 905 feet of NE ¼ of NE ¼ of Section 11, Township 19 South, Range 25 East, lying East of SR 473;

 

now classified and zoned as R-1 (Residential), be, and the same is hereby amended, changed and rezoned to Classification R-3 (Mobile Home Park-Subdivision).

 

5.     That portion of the West 1045 feet of the SW ¼ of NE ¼ of Section 32, Township 18 South, Range 26 East, lying South of SR 44;

 

now classified and zoned as R-1 (Residential), be, and the same is hereby amended, changed and rezoned to Classification A (Agriculture).

 

6.     NW ¼ of SW ¼ of Section 35, Township 18 South, Range 24 East; LESS: The East 33 feet of the North 781.42 feet; ALSO LESS: The East 40 feet of the South 545.68 feet thereof;

 

now classified and zoned as R-1 (Residential), be, and the same is hereby amended, changed and rezoned to Classification R-3 (Mobile Home Park-Subdivision).

 

On recommendation of the Planning and Zoning Director and on motion of Commissioner Theus, seconded by Commissioner Dykes and carried, the Attorney was directed to proceed with appropriate action against zoning violators W. J. Rees and R. J. Haggins.

courthouse

At the request of the Supervisor of Elections, the Board approved the use of materials from the precinct voting booth to expand Mrs. Baker’s office into the lobby of the Courthouse on a temporary basis until the General Election.

County employees

On recommendation of the Engineer, the Board approved the employing of the Motor Vehicle Inspection Station personnel effective May 27, 1968 in order for the personnel to attend a school of instruction before the stations open.

On motion of Commissioner Theus, seconded by Commissioner Windram and carried, the following personnel were approved as Motor Vehicle Inspection Station employees:

            Frank Woodson – Supervisor

 

            Leesburg   -     Norman Trampish                  Chief Inspector

                                    Thomas F. Barnett                  Inspector

                                    Warren Guerry                       Inspector

                                    George Edward Henry            Inspector

                                                Betty M. Fleck            Clerk

 

            Eustis       -      Frank Bianco                          Chief Inspector

                                    R. L. Babb                               Inspector

                                    R. E. Smith                             Inspector

                                    Elbert H. Foster                      Inspector

                                                Carey J. Rousch          Clerk

           

            Minneola  -     Oscar Baxter                           Chief Inspector

                                    Fred J. Penberton                    Inspector

                                    Norris J. Williams                  Inspector

                                    John Doyle                              Inspector

                                                Eve Kennerly              Clerk

 

Funds – transfers

On motion of Commissioner Dykes, seconded by Commissioner Cowart and carried, the Clerk was authorized to make the following transfer of funds:

            Fine & Forfeiture       $1,000             from Reserve for Contingencies to Acct. No. 21112

                                                                        Juvenile Court-Prosecutor Fees

 

            Road & Bridge           $500                from Reserve for Contingencies to Acct. No. 45212

                                                                        Commissions, Fees and Costs

 

            General                       $750                from Reserve for Contingencies to Acct. No. 22121

                                                                        Laundry and Dry Cleaning

 

sheriff

On motion of Commissioner Dykes, seconded by Commissioner Windram and carried, the Attorney was instructed to request the Sheriff to assign a Deputy (Bailiff) to the Fifth Floor of the Courthouse (Circuit Judge’s Chambers) on a full-time basis.  The Board agreed to pay the salary for this additional personnel in the event the Sheriff’s Department does not have funds for same.

checks received

Clerk of the Circuit Court Frank Owens presented a check in the amount of $56.88, balance of advance to pay State Trial Witnesses during the Fall Term of Court.  Check was accepted on motion of Commissioner Dykes, seconded by Commissioner Theus and carried.

complaints

Commissioner Dykes stated he has had numerous complaints of citrus owners pumping out of Lake Tavares.  Attorney Duncan advised the County has no jurisdiction over this.  If the lowering of the water is damaging to an owner’s property, the owner has the right to enter into an injunction suit.  Mr. Duncan said three or four of the property owners on the lake should go together and ask the Court to rule on this.  Mr. Dykes said he will so advise the complaining parties.

accounts allowed

Proposal of Coven Construction Company in the sum of $162.00 to relocate counter in the Small Claims Office was approved on motion of Commissioner Cowart, seconded by Commissioner Dykes and carried.

On motion of Commissioner Theus, seconded by Commissioner Dykes and carried, Payment No. 1 to the Graves Company in the amount of $26,514.00 for work performed on the Motor Vehicle Inspection Stations was approved.

Architect’s fees in the amount of $3,625.00 for work performed on the Fairground buildings was approved on motion of Commissioner Dykes, seconded by Commissioner Cowart and carried.

On recommendation of the Engineer and on motion of Commissioner Dykes, seconded by Commissioner Windram and carried, the Board approved payment of $10,000 to Southern Tire Equipment Company on the purchase of inspection equipment that has been delivered to the sites but not installed, because the stations have not been completed.

On recommendation of the Engineer and on motion of Commissioner Cowart, seconded by Commissioner Dykes and carried, the Board approved the purchase of 500 decals to be placed on county equipment, cost $1.90 each.

On motion of Commissioner Theus, seconded by Commissioner Dykes and carried, proposal of Lake Office Equipment, Inc. to furnish the Clerk’s Office four post binders for a price of $180.00, plus engraved lettering at $3.50 per line, was accepted as the best proposal.

On motion of Commissioner Dykes, seconded by Commissioner Windram and carried, proposal of Florida Forms and Systems to furnish the Clerk’s Office two Civil Action Dockets for $203.50, was accepted as the lowest proposal.

On motion of Commissioner Dykes, seconded by Commissioner Theus and carried, the Board approved payment of $7,476.65 to the Clerk of the Circuit Court representing cost of court work during the Fall Term of court, 1967.

Requisition from the Lake County Chamber of Commerce for allotment for April and May in the amount of $2,500 was approved on motion of Commissioner Dykes, seconded by Commissioner Cowart and carried.

Request from the Lake County Development Commission for $1,250 was approved on motion of Commissioner Dykes, seconded by Commissioner Windram and carried.

Statement from the U.S. Department of Agriculture, Soil Conservation Service, for expenses incurred relative to the soil survey in the amount of $5,003.42 was approved on motion of Commissioner Cowart, seconded by Commissioner Theus and carried.

Request from the Tax Collector in the amount of $17,309.38 commissions on 1966 and 1967 tax collections was approved on motion of Commissioner Dykes, seconded by Commissioner Theus and carried.

On motion of Commissioner Dykes, seconded by Commissioner Cowart and carried, the following vouchers were approved for payment:

            General Revenue                                                        1218 – 1445

            Mosquito Control, State I                                           1

            Mosquito Control, State II                                         59 – 67

            Fine and Forfeiture Fund                                           113 – 135

            Road and Bridge                                                         464 – 549

            South Lake Memorial Hospital                                  5

            South Lake Memorial Hospital, Ambulance             5

            Northeast Lake County Hospital                                6

            Northeast Lake County Hospital, Ambulance           9 – 10

            Northwest Lake County Hospital                               5 – 6

            Northwest Lake County Hospital, Ambulance          9 – 10 

 

communication

Copy of letter from the State Board of Health regarding Dixieland Trailer Park was filed and referred to the Planning and Zoning Director.

reports

Monthly report from the Welfare Department was filed.

Treasurer’s Report from the Lake County Chamber of Commerce for the first quarter, 1968 was filed, together with report of Directors Meeting held April 25, 1968.

minutes

On motion of Commissioner Cowart, seconded by Commissioner Dykes and carried, the minutes of regular meetings held April 1st and April 8th, and of the special meetings held April 17th and April 29th were approved as submitted.

There being no further business to bring before the Board, the meeting adjourned at 3:45 P.M.

 

___________________________________                          ______________________________

CLERK                                                                                   CHAIRMAN