MINUTES OF the regular MEETING OF BOARD OF COUNTY COMMISSIONERS
monday – january 4, 1960
The Board of County Commissioners met in regular session in the County Commissioners room in the Courthouse at Tavares on Monday, January 4, 1960 at ten o’clock a.m., with the following present: Chairman Simpson, Commissioners Theus, Cowart, Bishop and Cross; Attorney Duncan; and Clerk Owens, also County Engineer Goodson.
The Board was called to order by Chairman Simpson.
Reading of the minutes of December omitted until next meeting.
Clerk Owens reported he has approved, since the first meeting in December, the following Notary Public Bonds with American Surety Company of New York: Martha J. Leiper 12-9-59; Mildred Brande 12-16-59; Myron J. Gunsalus 12-17-59; Dorothy D. Stahley 12-21-59; and Dalton S. Payne 12-23-59; and with U. S. Fidelity Guaranty Company Barbara Johnson 12-14-59; and with American Fire and Casualty Company – William Hugh Nichols 12-29-59.
The Board approved the Bond for carrying Firearms of Dennis T. Larabee to carry a pistol made by Smith & Wesson of 32 caliber and numbered 592059.
Mr. Charles R. Gastfield, Route 2, Box 210, Leesburg, appeared before the Board to request permission to sell beer on Sundays at his place at Lisbon, WHEREUPON, on motion of Commr. Cross, seconded by Commr. Cowart and carried, the following Resolution was adopted:
BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the sale of light wines and beers at Gastfield’s Store, located at Lisbon, Lake County, Florida, in addition to the statutory hours for the sale of light wines and beers, be permitted between the hours of 9:00 a.m. and 6:00 p.m. on Sundays.
A group of ladies from Astor appeared before the Board re: Getting some work done on a road. Mr. Cross said if the people will get the shell he will put it down. These ladies were also interested to know what had been found out about the Lake Shomerhorn Road. Mr. Duncan stated he has talked to Mr. Ferguson of the Trustees of the Internal Improvement Fund in Tallahassee and he said to check the ownership of the bottom of the lake. Mr. Duncan also stated that he has not been able to find where the State or County owns the Lake bottom.
Commr. Bishop filed check in the amount of $77.50 from Alice W. Lockmiller for used culvert – road repair.
PLAT OF FERN PARK SUBDIVISION in Section 30-19-25 owned by Andrew P. Miller and wife, with opinion of Sellar & Howell, Attorneys, and letter from Lake County Health Department to the Board. Mr. Duncan said this plat is OK for approval, WHEREUPON, on motion of Commr. Theus seconded by Commr. Cross and carried, the Plat of Fern Park Subdivision was approved.
Mr. Kaszenski, who lives close to the border of Marion and Lake Counties on Road 450, appeared before the Board and stated he is having trouble with his neighbor and asked if he would have a right to carry a gun. The Board advised that he did not have any right to carry a gun, but what he needs is to get a peace warrant – have the man put under a peace warrant. He was advised by the Board to talk to Sheriff McCall about getting a peace warrant.
NOTICE OF PUBLIC HEARING in the County Commissioners room at the regular meeting on January 4, 1960 at 11:00 o’clock A.M. now having arrived, and no one appearing to object, on motion of Commr. Cross seconded by Commr. Bishop and carried, the following Resolution was adopted:
BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the Zoning Regulations of the Lake County Zoning Commission, in accordance with the recommendations of the said Lake County Zoning Commission, be AMENDED by addition thereto the following under the heading of “DEFINITIONS:”
“MOBILE HOMES VILLAGES OR TRAILER VILLAGES - an area for occupancy by mobile homes or trailers when utilized as a single family dwelling.”
That Section II of the Zoning Regulations entitled “Districts and Boundaries Thereof” be Amended by adding thereto a special exception, which shall read as follows:
SPECIAL EXCEPTION FOR R-1, R-2 or A
LAKE COUNTY REGULATIONS
MOBILE HOMES VILLAGE OR TRAILER VILLAGE
DATED DECEMBER 3, 1959 –
“After application to the Zoning Director and after proper public hearings as provided in Chapter 57-1486 Florida Statutes an area may be designated as a Mobile Homes Village or Trailer Village under the following Regulations:
“Where direct access to waterways is provided the minimum lot area shall be 3500 square feet. The minimum lot width shall be 50 feet. Upland properties where no access to waterways is provided the minimum lot area shall be 2800 square feet. The minimum lot width shall be 40 feet. No more than 50 percent of the lot area shall be occupied by buildings or structures. Minimum side yard shall be 5 feet. Minimum front yard shall be 10 feet. Wheels shall be removed from mobile homes or house trailers and mobile homes or house trailers shall be placed upon permanent foundations.
“Water supply wells, where used, shall be placed not more than 10 feet from the front lot line.
“All installations shall be made with regard for the Public health in accordance with the provisions of the Lake County Zoning Regulations, for the R-1 Residential Zone.
“Each lot shall provide for one family residence only, utilizing one Mobile Home or House Trailer and such appendages as may be required by the one family.
“Erection shall be in accordance with the General Provisions of the Lake County Zoning Regulations.
“In each Mobile Home or Trailer Village one such lot may be set aside by the developer to be used as an office location for the conducting of the business of the Mobile Home or House Trailer Village and one on-site sign having a size not to exceed 10” x 40” will be permitted.
USES EXPRESSLY PROHIBITED:
“Automobile junk yards, wrecked or dismantled automobile storage yards.
Motion by Commr. Cross seconded by Commr. Bishop and carried, that the following Resolution be adopted:
BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the proposed amendments to the Lake County Zoning Regulations, as hereinafter specifically set forth, as presented by the Lake County Zoning Commission and which were approved at a public hearing held on the 3rd day of December 1959 be received, accepted and approved, and the Amendments to the Zoning Regulations, as to the areas hereinafter set forth, are hereby declared to be in full force and effect as of this the 4th day of January 1960, to-wit:
1. The properties hereinafter described, now classified as R-1 be changed and amended and reclassified under the Classification of Mobile Homes Village or Trailer Village as provided in amendment to Section 2 of the Zoning Regulations entitled “Districts and Boundaries Thereof.” The areas reclassified are described as follows:
Begin NW corner of Sec. 12, Tp. 19 S. R. 25 E. Lake County, Florida, run East 775 feet to West margin of Learn Road, thence South with said West margin of Learn Rd. 190 feet to land of Raymond Kelchner, thence West 175 feet, South 170 feet, to Northwest corner of Fred H. Vines lands, thence West 80 feet, South 140 feet, thence West 200 feet, thence run South 410 feet to the North margin of Learn Rd., thence run West with North margin of Learn Rd. 320 feet to West Section line of said Section 12, thence North with said Section line 910 feet to point of beginning. ALSO Begin NW corner of Section 12, Tp. 19 S. Range 25 E. run South with West section line of said Section 12, 945 feet thence East 600 feet to concrete monument for POB from this point run South 128 feet to McDonald Canal to point of beginning, run East 178 feet more or less to the waters of Haines Creek Canal, thence run South and Southwest with the waters of Haines Creek Canal & McDonald Canal to intersect the first described line.
Begin at NW corner of Sec. 12, Tp. 19 S. Range 25 E., run South 1880 feet to N side of Canal Street, thence East along N side of Canal St. 300 feet for POB; run N 500 feet more or less to the South bank of Oklawaha Canal; to POB run East 100 feet along N boundary of Canal St., thence N 500 feet more or less to the South bank of Oklawaha Canal to intersect with the West boundary line.
Begin at NW corner of Sec. 12, Tp. 19 S. Range 25 E., run South 1880 feet to N side of Canal Street, run E along N side of Canal St. 600 feet for POB; thence run E 100 feet along N boundary of Canal St. thence N 500 feet more or less to the South bank of Oklawaha Canal thence Westerly along south bank of Oklawaha Canal to intersect with West boundary line.
Begin at the NW corner of the NE 1/4 of the SE 1/4 of Section 14, Tp. 19 S. R. 26 E., run thence South 90 feet, thence West 100 feet, thence South 20 feet, thence East 100 feet, thence South 120 feet, thence East 10 feet, thence South to the mean high water mark of Lake Eustis; begin again at the POB and run thence East 250 feet, thence South 800 feet to the boat canal, thence Northwesterly along the boat canal and the margin of Lake Eustis to intersect the first line, LESS a lot or tract known as the “Rearwin” Lot, and more particularly described as follows:
The East 43 feet of the West 73 feet of the South 110 feet of the North 340 feet of the Northeast Quarter of the Southeast Quarter of Section 14, Tp. 19 S. R. 25 E.
D. T. Larabee presented Plat of Haines Creek Mobile Home Sites. Mr. Cross stated the Plat streets are not wide enough, but thinks the Board should have made an exception to this Plat because same has been presented to the Board on previous occasions, WHEREUPON, on motion of Commr. Cross seconded by Commr. Cowart and carried, the Plat of Haines Creek Mobile Home Sites was approved, although the Plat streets are not wide enough, because the Plat has been presented to the Board on previous occasions.
Bill Reedy appeared before the Board and stated that Mr. Fairchild, Mr. Cowart and he went to Orlando to talk to Mr. Rolfe Davis re widening State Road 50 through Groveland. On Tuesday he went to Tallahassee to see Mr. Grotegut and discussed Road 44 from Eustis to Leesburg and State Road 19 through Eustis. Mr. Reedy was advised that these road requests are in the budget.
Mr. Owens was requested to check on Title Search on Road 46.
Mr. Hugh Hanna and Mr. Benedict of the State Road Department appeared before the Board re: Right-of-Way on Road 441 – (Rd. 500 from Orange County Line to Dreamboat corner). Mr. Hanna stated that the State Road Department is reluctant to maintaining a pumping station for the drainage around Lake Woodward. WHEREUPON, on motion by Commr. Cross seconded by Commr. Bishop and carried, Chas. P. Goodson, County Engineer, was authorized to negotiate with the State Road Department re installing the proper water drainage out of Lake Woodward. This expense to be Countywide.
Motion by Commr. Cross seconded by Commr. Theus and carried, that the following Resolution be adopted:
WHEREAS, it appears from the examination of State Road 44, commencing at the Westerly end of SR-44-A, Section 1158-150, and running Westerly to the Easterly City Limits of the City of Eustis, the road was deteriorated to the extent that it is hazardous to drive thereon; that, because of the nearness of trees to the pavement, it is extremely dangerous to drive on the road; and because of the above facts, and other causes, the said road should be widened and resurfaced before any serious accidents occur thereon.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the State Road Department be requested to widen and pave that portion of State Road 44, above described, and otherwise described as commencing at Laroe’s Corner at the intersection of State Road 44 and State Road S-44-A, and continuing West to the City Limits of Eustis.
Motion by Commr. Cross seconded by Commr. Theus and carried, that the following Resolution be adopted:
WHEREAS, it appears from an examination of State Road 44, commencing at the intersection of Bay Street with Bates Avenue in the City of Eustis, continuing Northerly and Westerly to the Silver Lakes Forks, that said road is rapidly deteriorating and, unless repaved, will become practically unusable; and
WHEREAS, Lake County has heretofore requested the resurfacing of said road and herein renews its request.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the State Road Department be requested to widen that portion of State Road 44 commencing at the intersection of Bay Street and Bates Avenue in the City of Eustis, to conform to the width of the streets in the metropolitan area of the City to the North City Limits of Eustis and to resurface said State Road 44 from said point Westerly to its intersection with State Road 500.
A. B. Dean, Jr. appeared before the Board re: Property in the Ocala National Forest in which he is interested. He stated he has been selling the lots as campsites by metes and bounds, but now the Plat Law, which became effective on January 1, 1960, states should be by lots. Mr. Dean presented a letter re this matter and asked for permission to continue selling the lots by metes and bounds. Mr. Duncan, Attorney, stated that Mr. Dean has discussed this matter with him before today, WHEREUPON, on motion of Commr. Cross seconded by Commr. Cowart and carried, the following Resolution was adopted:
WHEREAS, A. B. Dean, Jr. is the co-owner of certain property located in Section 5, Township 17 South, Range 27 East, which has, in the past been sold by metes and bounds descriptions, in accordance however, with a sketched plan showing various tracts of land as numbered lots; and
WHEREAS, it now appears that a Plat covering all of these tracts of lands both those sold and unsold, is now a physical impossibility, and the requirement of platting said lands would now create a great hardship upon the owners of said property for the reason that certain of the parcels of land have been sold under Contract, and the owners are bound to deliver the same in accordance with metes and bounds descriptions contrary to the new requirements for plats; and
WHEREAS, the tracts of land heretofore conveyed, and the tracts of land which are under contract for conveyance, are showing on a Map which has been on file with the County Tax Collector, or the County Tax Assessor, for several months last past; and
WHEREAS, the said A. B. Dean, Jr. has submitted to the Board of County Commissioners certain of the parcels of land which have been sold under contract and which are numbered according to the sketch on file with the Tax Collector or Tax Assessor, as follows:
Parcel Numbers 23 and 24, 81 and 82, 87, 90, 121, 122, 112 and 113, 114 and 115, and 177 and 178 and 1 located in Government Lots 1 and 2, Section 5, Township 17 South Range 27 East, in Lake County, Florida.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the said A. B. Dean, Jr., and his Associates be permitted to convey the above mentioned parcels as shown by the sketch on file with the Tax Collector or Tax Assessor notwithstanding the requirements of law which became effective on the first day of January, A.D. 1960.
MEETING ADJOURNED FOR LUNCH
BOARD RECONVENED AT 2:00 O’CLOCK P.M.
Board called to order by Chairman Simpson. All present except Attorney Duncan.
Mr. Goodson presented letter from Houston Corp re: Release for repairs to road damage in Districts 3 and 4. Mr. Simpson read an excerpt from newspaper regarding Polk County Board of Commissioners and what they are doing in similar instances. Mr. Cowart suggested that this letter be referred to Mr. Duncan, Attorney for the Board.
Motion by Commr. Theus seconded by Commr. Cowart, that Mr. Goodson be authorized to employ a surveyor to make topographical maps of land where Agricultural Building is to be constructed. Motion unanimously carried.
Motion by Commr. Bishop seconded by Commr. Cross and carried, that the Payroll for the month of December be approved.
1960 Membership Cards County Commissioners Association were given to Board Members by Mr. Owens.
Motion by Commr. Theus seconded by Commr. Cowart and carried that the Clerk and Chairman be authorized to execute the County Deeds numbered 9971-9972-9973-9974 and 9975.
Motion by Commr. Cowart seconded by Commr. Bishop and carried, at the request of R. G. Cassady, Tax Assessor for an advance of $7,000.00 be approved.
Motion by Commr. Theus seconded by Commr. Bishop and carried that the action of the Chairman and Clerk in approving the applications of Jimmie Barriner and Mrs. Deta Rice Manning for admittance to the T. B. Hospital be approved.
List of Eustis City Firemen who are exempt from jury duty given to Commrs. Cross and Simpson.
Clerk Owens stated that State Attorney has filed an appeal in the J. H. Hooten case and requests a warrant for $25.00 to be issued to the Clerk of the Second District Court for filing of the Appeal, WHEREUPON, on motion of Commr. Cross seconded by Commr. Theus and carried, Clerk Owens was authorized to issue warrant in the amount of $25.00 to Joseph H. Gillen, Clerk of the Second District Court of Appeals, for the filing of Appeal in the case State of Florida vs. J. H. Hooten.
Mr. Bishop stated that Ben Reaves wants to raise a garden on a piece of County property in Astatula. After discussion on this matter, it was moved by Commr. Bishop seconded by Commr. Cowart and carried, that Ben Reaves be given permission to lease the N 1/2 of the County property in Astatula, which is being used as Town Dump with the understanding that no pine trees of any size will be destroyed.
Commr. Bishop read a letter from Libby, McNeill & Libby re: County maintaining public clay roads. Mr. Simpson suggested that this matter be referred to Mr. Duncan, Attorney. Motion by Commr. Cowart seconded by Commr. Cross and carried, that the County fix the roads referred to in Libby’s letter and keep them up.
Discussion re: Section 6, Tp. 23 S., R. 26 E. – S 1/2 of NE 1/4 of SW 1/4. An old clay pit owned by Chester M. Clarke, New Haven, West Virginia. Motion by Commr. Bishop seconded by Commr. Theus and carried, that Mr. Duncan be authorized to negotiate with the owner of the above described land re purchasing 3 to 5 acres for a clay pit.
Letter from J. C. Sparks, Birmingham, Alabama, addressed to Herman T. Dykes re: sale of lots in Block 40, Tavares, was referred to C. E. Duncan, Attorney for the Board.
Motion by Commr. Theus seconded by Commr. Cowart and carried, that Clerk Owens be authorized to issue warrant to Motor Vehicle Commission for 1960 X-tags and title certificates for truck in all districts.
Mr. Goodson, County Zoning Director, presented Petition from citizens of Montverde for improvement to SR 455. Mr. Karl Lehmann spoke in behalf of the Petition for betterment of road in front of the school. Commr. Bishop suggested that the road be resurfaced from north to south city limits instead of the entire strip of ten miles previously discussed. Motion by Commr. Bishop seconded by Commr. Cross and unanimously carried the following Resolution was adopted:
WHEREAS, the Board of County Commissioners, as a result of certain Petitions of the residents of the Town of Montverde, and from personal examination, take note of the fact that State Road 455, as it passes through the Town of Montverde, is in very poor condition and is particularly in need of repair; and
WHEREAS, there is located in the said Town of Montverde “The Montverde School,” which draws people from many parts of the United States and South America, and the maintenance of said road is important to the proper approaches to said school; and
IT FURTHER APPEARING that unless said Road is repaired promptly, then it will result in the necessity of rebuilding the road;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the State Road Department be requested to resurface State Road 455 beginning at the North City Limits of the Town of Montverde and continuing Southerly through the Town of Montverde to the South City Limits, and that the cost thereof be paid from the Secondary Funds due Lake County.
Mr. Goodson, County Zoning Director, presented recommendations of the Zoning Commission on three applications for rezoning as follows:
N. S. Bittner application for rezoning from R-1 to C-1 property in Shore Acres #4 Subdivision.
M. L. Woodward application for rezoning from R-1 to C-2 Mount Plymouth
S. J. Robinson application for variance with R-1-A regulations.
WHEREUPON, on motion of Commr. Cross seconded by Commr. Bishop and carried, the following Resolution was adopted:
WHEREAS, the Lake County Zoning Commission did, on the 18th day of December 1959, after due notice of the hearing, review applications for change of the zoning of certain areas in Lake County; and
IT FURTHER APPEARING from the communication from the Zoning Director that the applications hereinafter referred to were approved by the Lake County Zoning Commission and the Board of County Commissioners of Lake County, Florida, having reviewed the same, approve the recommendations of the Lake County Zoning Commission.
NOW, THEREFORE, BE IT RESOLVED that the Zoning Rules and Regulations be altered and amended as they pertain to the following tracts of land.
A. Block 5 of Shoreacres #4 Subdivision, as the same appears recorded in Plat Book 10, page 36, public records of Lake County, Florida, be amended, changed and rezoned to a variance of Classification R-1. The word “variance” shall be construed to permit enlargement of the existing commercial building provided the minimum parking areas and building setback lines are respected.
B. The East Half of Block 15 of Mt. Plymouth, Section A, according to the Plat thereof recorded in Plat Book 8, page 85, public records of Lake County, Florida, be amended and changed and rezoned to classification C-1 (Commercial).
Mr. Duncan stated that the report from the Zoning Director includes Lots 1, 2, 3 and 9; Block 16, Silver Lake Estates, according to the Plat thereof recorded in Plat Book 10, page 66, but makes the approval contingent upon the applicants filing of letters with the Zoning Director from adjoining property owners approving the requested change.
Motion by Commr. Theus seconded by Commr. Cowart and carried, that the Certificates of Correction of Errors on the 1959 Lake County Tax Roll numbered 195 to 208, inclusive, be approved.
Clerk Owens filed two copies of Report No. 5060 by State Auditor Charles E. Fox, Jr. on former Tax Collector and Assessor of Taxes dated October 30, 1959.
Clerk Owens filed letter from Ernest P. Kidd, Eustis City Manager, with 1959 Major Street and Traffic Plan for Eustis as prepared by DeWitt McGee & Associates.
Opinion of C. E. Duncan, Attorney for the Board, on property purchased from Chester filed.
Following letters filed with the Board:
Receipt from Burke Chester for $18,000.00 balance paid on purchase of land for Ag Center
Florida Solite Corp. re: Material for construction of proposed jail
Copy of letter from Richey Green, Dist. Eng. SRD to Leland E. Cromwell re: drainage wells
Copy of letter from A. C. Church, SRD, and telegram re: W & M Construction, Inc. and V. E. Whitehurst and Sons low bidders on Job #11580-3601, SR 44-A from a point approximately 1 mile East of SR S-437 SE 5.546 miles to SR 46 – in the amount of $209,642.40
Copy of letter from J. B. Miller, Director Div. of Water Supply, State Bd. Of Health – re: water system to serve 114 lots in Three Lakes Subdivision
Copy of letter to R. G. Cassady, Tax Assessor, from Hunnicutt & Associates, Inc., enclosing certain forms and stating Mr. Richard Gormley has been assigned to Lake County as Assistant Project Director
Letter from City of Mount Dora and letter from R. G. Cassady, Tax Assessor re: Assessment being reduced on East 45 ft. of Lot A, Blk. 4, Sadler subdivision.
The following reports were filed with the Board:
R. E. Norris, County Agent, and two assistants
Mrs. Valentine, Home Demo. Agent and two assistants
J. C. Hunter, Veterans County Service Officer
Clerk Owens announced that the Board should meet tomorrow for Organizing the New Board, WHEREUPON, on motion of Commr. Theus seconded by Commr. Cowart and carried, the Board agreed to meet at 10:00 o’clock A.M. Tuesday, January 5, to organize the New Board.
TAVARES, LAKE COUNTY, FLORIDA
We, the Board of County Commissioners in and for the County of Lake in the State of Florida, Do hereby certify that the following is a true and correct list of the names of the persons drawn or selected by each of us for Jury Duty to serve in the Circuit Court of the Fifth Judicial Circuit of Florida, in and for said County of Lake for the year 1960; that each of us has personally selected and verified said list; and that said persons named have the qualifications required by Section 40.01 Florida Statutes, according to the best of our knowledge, information and belief.
Cecil C. Theus
R. G. Bishop
(FOR CIRCUIT COURT JURY LIST see Commissioners’ Minutes, Book 17, Lake County, page 561 through and including page 563.)
Meeting adjourned to 10:00 a.m. January 5, 1960.
/s/ Frank E. Owens___________________ /s/ Fred Cross____________________