MINUTES OF the regular MEETING OF BOARD OF COUNTY commissioners
monday – february 8, 1960
The Board of County Commissioners met in regular session in the County Commissioners room in the Courthouse at Tavares on Monday, February 8, 1960 at ten o’clock a.m., with the following present: Chairman Cross; Commissioners Theus, Cowart, and Bishop (Commr. Simpson was absent – sick); Attorney Duncan; Clerk Owens; and County Engineer Goodson.
The Board was called to order by Chairman Cross.
The Minutes of the meetings of January 11th and 15th were approved as read on a motion by Commr. Theus, seconded by Commr. Bishop and carried.
On a motion by Commr. Theus, seconded by Commr. Bishop and carried:
DISTRICT #1 – Mrs. Deta Rice Manning was dropped from the list – deceased.
DISTRICT #2 – The address for Albert Atkinson was changed to c/o Mrs. A. R. Blakemore, 210 N. 2nd Street, Leesburg.
DISTRICT #3 – No changes were made.
DISTRICT #4 – Mrs. A. R. Blakemore for care of Mr. Curtis was dropped from the list.
DISTRICT #5 – No changes were made.
L. A. Davison appeared before the Board and presented the Plat of Davison Manor. He had appeared before the Board previously with reference to his property on Lake Harris known as Green Cover. Mr. Duncan stated the dimensions of the Plat do not meet the requirements of the Plat Law, but the Board could accept it as a hardship case, as all other requirements seem to be met. Therefore, Mr. Duncan recommended that the Plat of Davison Manor be accepted and approved as a hardship case, as there is no way to widen the streets which have been in existence for a number of years. The Lane is 16 feet wide instead of the required 50 feet, but the lots have access by water; WHEREUPON, Commr. Bishop moved that the Plat of Davison manor be accepted and approved; the motion was seconded by Commr. Cowart and carried. A letter from the Health Department was filed. Policy #Y-677-257 of Lawyers Title Insurance Corp. issued to L. A. Davison and Murle V. Davison, his wife, was presented to the Board.
The Plat of Lake Louise Estates was presented to the Board by Eng. Sawyer for Huskey Built Homes Inc. Mr. Duncan stated the Plat does not show a connection with a State or County paved road, but the owner states that one of the streets is connected with Tangerine Court, which is paved, which makes the Plat meet the requirements. Title Policy #Y-677-622 issued by Lawyers Title Insurance Corp in the name of Huskey Built Homes, Inc. was presented with the Certificate from Inland Abstract & Title Company showing no change in title to the property described in Owner’s Policy No. Y-677-257 since May 27, 1959 at 4:45 p.m. and stating County taxes for the year 1960 have been paid in full. Mr. Duncan stated the Easement shown as Item 6 under Schedule C of the Policy does not show were the easement is, and he thinks the Board should determine what the easement means before accepting the Plat. During the day Inland Abstract & Title Company filed the following Affidavit to wit:
TO WHOM IT MAY CONCERN: This is to advise that the Easement shown as Item 6 under Schedule C of Owner’s Policy No. Y-677-622 lies wholly within a street designated as Lake Louise Street on the Plat of Lake Louise Estates as surveyed by Orange State Engineers, Inc.
WHEREUPON, on a motion by Commr. Cowart, seconded by Commr. Bishop and carried, the Plat of Lake Louise Estates was accepted and approved.
Mr. Goodson presented the Plat of Michigan Acres Subdivision located off of Road 44 east of Eustis owned by Maynard F. Burgess and stated the Zoning Commission has approved the Plat and recommends that the zoning be changed from Agricultural to R-2 to conform with the lot size. The Agricultural zoning lot frontage is 100 feet, but these lots are not that wide; WHEREUPON, on a motion by Commr. Bishop, seconded by Commr. Cowart and carried, the recommendations of the Zoning Commission were accepted. Mr. Duncan stated the Plat meets the requirements of law so far as streets and accessibility are concerned. A letter from the Lake County Health Department showing location is apparently suitable for sewage disposal facilities (except Lots 1 and 2, which are in a large sinkhole) and that the owner has been advised not to build houses on these 2 lots until filled in was filed with the Board. A letter from Lake Abstract & Guaranty Company signed by W. L. Duncan stated we have checked the public records of Lake County affecting the title to Michigan Acres Subdivision subsequent to 2 March 1954 and find nothing of record affecting title to said land. Title Insurance Policy No. A-46012 was issued 2 March 1954 and shows no mortgages, judgments or other liens of record. (This letter was filed with the Board on February 1, 1960.) WHEREUPON, on a motion by Commr. Bishop, seconded by Commr. Cowart and carried, the Plat of Michigan Acres Subdivision was approved.
Chairman Cross stated the date of the budget hearing on roads is March 10, 1960 at 4:00 to 4:30 p.m. in Deland. Mr. Owens stated we should have the requests for Primary and Secondary roads in ample time before the budget hearing. The Board decided to meet on Monday, February 29, at 10:00 a.m. for preparing the requests to the State Road Dept.
Mr. Goodson suggested that Lake County ask Marion County to include in its budget requests to the State Road Department for resurfacing of road 42 from the East Marion Co. line to Road 25 at Weirsdale and road 450 from the East Marion County line to road 42. WHEREUPON, on a motion by Comm. Bishop, seconded by Commr. Theus and carried, the following Resolution was adopted:
WHEREAS, State Roads 42 and 450 pass through Marion County and Lake County and are connecting roads and are in need of repair, and
WHEREAS, State Road 42 in Lake County, commencing near the bridge crossing the St. Johns River west of Deland and running westerly to Altoona has been resurfaced, and the Board of County Commissioners proposes to include in its budgetary requests for the fiscal year commencing July 1, 1960, the resurfacing of the remainder of State Road 42, commencing at Altoona and continuing westerly to the Marion County line and also proposes to request the resurfacing of State Road 450 commencing west of Umatilla and running westerly to the Marion County line.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the Board of County Commissioners of Marion County, Florida, be requested to seriously consider the repairing and resurfacing of State Road 42, commencing at the Lake-Marion County line on the east and continuing westerly to connect with State Road 25 (US No. 27) and to repair and resurface State Road 450, commencing at the Lake County line and extending westerly to intersect State Road 42 in Marion County and that the repair and resurfacing of said roads be included in it Budgetary requests for the fiscal year beginning July 1, 1960.
discussion of extension of road 19 from groveland to zephyrhills
On a motion by Commr. Cowart, seconded by Commr. Bishop and carried, the following Resolution was adopted:
WHEREAS, State Road 19 is a project which when completed will be the most direct route from Jacksonville to Tampa, and
WHEREAS, that portion of State Road 19 in Lake and Marion Counties, commencing at Groveland and continuing northerly to the Oklawaha River, passing near Salt Springs, has been completed; that the Bridge over the Oklawaha River is now under construction and nearing completion; that State Road 19 in Putnam County, commencing at the Oklawaha River and extending northerly to Rodman is nearing completion; that there now exists a paved road from Rodman north to intersect a State Road at a point just west of Palatka and connecting with US Highway No. 17, and
WHEREAS, for the purpose of completing State Road 19 in order to make a direct connection between Tampa and Jacksonville, it is necessary that State Road 19 be located and constructed through portions of Sumter and Pasco Counties to intersect US Highway 301 at Zephyrhills, and
WHEREAS, Lake County, through its Board of County Commissioners, has requested heretofore and will request the State Road Department to include in its Budget beginning July 1, 1960 the location and construction of State Road No. 19, commencing at Groveland and continuing southerly to intersect the boundary between Lake and Sumter Counties;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida that the respective Boards of County Commissioners for Sumter and Pasco Counties be requested to seriously consider and to place in their requests to the State Road Department for their Budget Year commencing July 1, 1960 the location and construction of State Road No. 19, commencing at the boundary between Lake County and Sumter County and continuing southerly through portions of Sumter County and Pasco County to intersect U.S. Highway No. 301 at or near Zephyrhills.
Mr. Duncan was instructed to call Tallahassee and get information on Secondary roads. Later, Mr. Duncan stated he called and talked to Mr. Buchan of the State Road Department, and he stated the Report on Secondary Funds is being made up, and they hope to get it here by the last of this week or the first of next week.
Mr. Duncan stated that Commr. Theus wants to purchase for a clay pit Lots 1 to 10 inclusive in Clay Top Subdivision, which is a part of the old Lee Stevens Subdivision in Section 20-18-224. The strip is 120 feet wide and 600 feet long. The appraisal of L. W. Huey on the lots states true market value of this property is $1,500. Commr. Theus said there will be no money passed for the lots, as he will fill in another piece of land from the overburden on this land in payment of same. Therefore, Mr. Duncan was instructed to prepare the deed. On a motion by Commr. Theus, seconded by Commr. Bishop and carried, the deed from W. B. Gibson and Beulah Gibson, his wife, to Lake County conveying Lots 1 to 10 inclusive in Clay Top Subdivision was accepted.
discussion on maintenance of bridge over dora canal
Mr. Duncan presented a resolution adopted by the City of Tavares on February 4th and stated in view of this resolution, the Board should adopt a resolution; WHEREUPON, on a motion by Commr. Bishop, seconded by Commr. Cowart and carried, the following resolution was adopted:
WHEREAS, a concrete bridge over the Dora Canal at the south end of Lake Avenue in the City of Tavares has been completed and in use, and
WHEREAS, the State Road Department has requested the Board of County Commissioners to take over the maintenance of said bridge, in view of the fact that it is located within the limits of the City of Tavares, and the City of Tavares has indicated its willingness and agreement to take over full responsibility for said bridge and its maintenance;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the State Road Department be advised that Lake County will accept from the State Road Department the maintenance of the above-described bridge and that the maintenance thereof may be eliminated from the State’s System of Secondary Roads for maintenance purposes.
On a motion by Commr. Bishop, seconded by Commr. Cowart and carried, the Resolution adopted by the City of Tavares was accepted, said Resolution being as follows:
WHEREAS, prior to the demolition of the old wooden bridge over the Dora Canal at the south end of Lake Street in the City of Tavares, the City Water Main serving that portion of the City of Tavares lying westerly of the Dora Canal was attached to the north side thereof, and
WHEREAS, the State Road Department has demolished that bridge and has constructed a new modern concrete bridge at the same location; that during its construction, a temporary water main was laid along the bottom of the canal to serve the residents on the west side of the canal, but said water main is wholly inadequate and is subject to damage and possibly breakage because of the traffic through the canal, and
WHEREAS, the State Road Department has refused to grant permission to reinstall the water main along the north edge of the bridge unless the Board of County Commissioners will take over the maintenance of said bridge, and
WHEREAS, the Board of County Commissioners is unwilling to take over the maintenance of said bridge unless the City of Tavares will assume such responsibility.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tavares that the Board of County Commissioners be requested to accept the responsibility of the maintenance of said Bridge and that upon its acceptance of such responsibility, the City of Tavares, through its City Council, does guarantee to Lake County that the City of Tavares does at such time assume the complete responsibility of the maintenance of said bridge and any and all liabilities that may occur on said bridge attributable to any defect of said bridge and its approaches and that the City of Tavares will hold Lake County harmless from any suit or proceeding of any nature involving the proper maintenance and care of said bridge.
BE IT FURTHER RESOLVED that a certified copy of this Resolution be furnished to the Clerk of the Board of County Commissioners for presentation at its next meeting.
Passed this 4th day of February, 1960, at a regular meeting of the City Council of the City of Tavares.
H. L. Trenham, City Clerk (Official Seal)
Mr. Bishop read for the record a letter from the State Road Department regarding Section 11200 – Citrus Tower. The letter stated this is a commercial request, and the obligation for additional desired facilities is not that of the Road Department. The only thing that we would be involved in in this request is the engineering supervision. It is a commercial request and is to be paved by interested parties. (This letter was filed.)
Mr. Neal Huebsch appeared before the Board, and Mr. Owens introduced him as the new Small Claims Judge appointed by the Governor. The Board requested that Mr. Heubsch now serve on the committee appointed regarding remodeling the Courtroom.
Mr. Owens stated that on January 5th the Board elected a new Chairman, and a new check signor could not be ordered until after that meeting, and now the Board should adopt a resolution authorizing Mr. Simpson, the former Chairman, to continue to sign the warrants until the new signor is received; WHEREUPON, on a motion by Commr. Theus, 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 all checks signed by O. M. Simpson as Chairman of the Board of County Commissioners up until the 12th day of January, 1960, be, and the same are hereby approved and validated.
Mr. Duncan reported he received a letter from the State Road Department advising that the deeds on Dixie Avenue, SR 33, have been prepared and should be coming through soon. Now the appraisers should be appointed. The Act states appraisers must be Realtors; WHEREUPON, on a motion by Commr. Theus, seconded by Commr. Cowart and carried, the following named persons were appointed appraisers to appraise the value of the property to be taken for rights of way on Dixie Avenue Extension, SR S-33, Job 11640-2601:
Lester W. Huey and H. B. Harrell, Jr., both of Leesburg, Florida.
A letter from T. David Burns, Director, Florida Legislative Committee on Public Roads and Highways was referred to Mr. Duncan, who was instructed to furnish the requested information.
Mr. Duncan reported he has written the State Road Department in the form of a request regarding the building located near the Dream Boat Corner belonging to Mr. Wawrszyki and has also talked to Mr. Edwards about the building.
A letter from the City of Eustis requesting the Board to complete storm drainage between the Atlantic Coast Line Railroad and Lake Eustis was read and discussed and ordered held for the budget hearing on February 29th.
Mr. Duncan was instructed to answer the letter from the Sorrento-Mount Plymouth Civic Association regarding garbage and trash disposal.
The application of Jess McKimmey to sell beer on Sunday at Jack’s Fish Camp was read; WHEREUPON, on a motion by Commr. Bishop, 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 beers at Jack’s Fish Camp, operated by Jesse McKimmy and located at Lane Park, Florida in addition to the statutory hours for the sale of beers be permitted between the hours of 9:00 a.m. and 6:00 p.m. on Sundays.
The application of Ray H. Schreier, through his attorney Mr. Harry E. Gaylord, to sell beer on Sunday at his place of business at Lisbon, Florida, was read; WHEREUPON, on a motion by Commr. Cowart, seconded by Commr. Theus and carried, the following Resolution was adopted:
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, that RAY H. SCHREIER be and he hereby is permitted to sell light wines and beers at this place of business at Lisbon, Florida between the hours of 7:00 a.m. and 9:00 p.m. on Sundays in addition to the statutory hours for the sale of light wines and beers.
This 8th day of February, A. D. 1960.
BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA
BY Fred Cross as its Chairman (Official Seal)
ATTEST: Frank E. Owens, as its Clerk
Clerk Owens read an invitation from H. D. Bowers, Asst. County Agent, regarding Meat Information School at the Armory in Leesburg in March.
C. E. Duncan announced that Bids on houses on rights of way will be received at the meeting March 7th.
The quotation regarding trimming of palms around the courthouse was discussed. Decided to wait until get the new courthouse.
On a motion by Commr. Theus, seconded by Commr. Bishop and carried, Clerk Owens was authorized to advertise for resurfacing the following roads – Griffin View and Eagle Nest Roads. Mr. Goodson was instructed to write the Notice to Bidders.
On a motion by Commr. Theus, seconded by Commr. Bishop and carried, Clerk Owens was authorized to issue a warrant on the General Revenue Fund payable to the Board of County Commissioners in the amount $10,090.42, as said amount was deposited in the General Revenue Fund in error, having been collected during December 1959 from surplus gas tax funds.
Clerk Owens read the quotations on 46 official record books as follows:
BOWEN SUPPLY COMPANY, Plat City - $21.60 each – total $979.89
DOTHEROW OFFICE SUPPLY COMPANY - $21.30 each – total $979.80
On a motion by Commr. Bishop, seconded by Commr. Theus and carried, Clerk Owens was instructed to accept the low bid from Dotherow Office Supply Company to furnish 46 Official Record Books.
Clerk Owens read a letter from Mrs. Jess Cadwell regarding payment for hard surfacing the road into Glenn’s Cove giving a list of names who have not paid their share of paving cost. Mr. Owens suggested that at the request of Mrs. Cadwell, the Board write the parties a letter to pay their share of the paving. Mr. Duncan and Mr. Owens were instructed to write the letter.
The request of Katherine L. Baker, Supervisor of Registration, for a covering for a large table and one desk with an estimate from Coven Construction Company in the amount of $135 for same was read. On a motion by Commr. Theus, seconded by Commr. Bishop and carried, Coven Construction Company was authorized to cover the table for the estimated cost of $135.
Letter from Frank E. Owens, Clerk of the Circuit Court, enclosing a check in the amount of $560.82 for unclaimed monies due owners of land sold on applications for tax deeds was read and filed. (Deposit check to General Revenue Fund)
The following Deputy Sheriffs Bonds with Hartford Accident and Indemnity Company of Connecticut were approved:
Mae K. Ledford, Eustis, Bond No. 3424072, $1,000
Thomas Lloyd Ledford, Eustis, Bond No. 3422079, $1,000
Dorothea T. Mursch, Tavares, Bond No. 3423984, $1,000
The following renewals were filed:
Wilbur Jackson Jones, Mascotte, Continuation Bond No. N-330178, $1,000
Lonnie M. Trawick, Tavares, Continuation Bond No. N-3413167, $1,000
On a motion by Commr. Theus, seconded by Commr. Bishop and carried, the following Resolution was adopted:
WHEREAS, the members of the Board of County Commissioners have learned with regret and sorrow of the passing of Mrs. Harriet Pell Carlson, the Mother of the Honorable Fred E. Cross, Chairman of the Board of County Commissioners, and
WHEREAS, regardless of the fact that we all know we must at some time face the loss of our dear ones, yet such knowledge does not take away the shock and the feeling of loss when a loved one passes,
NOW, THEREFORE, BE IT RESOLVED by the members of the Board of County Commissioners of Lake County that we express to our Chairman our sorrow and regret for the passing of his mother, Harriette Pell Carlson, and that for her long and useful life her family and friends may look upon with honor and esteem; and that we rest assured in the fact that she is now with her maker and enjoying the fruits of a life well spent and a duty well done.
A copy of the Title Search made by Lake Abstract & Guaranty Company on SR 44 Section 11110 was filed with the Board.
Commr. Theus reported that the dentist, Dr. Mangum, who has been working for the Health Department has gotten his license now and is contemplating going to Orlando but thinks he would be willing to stay here for about another $100 per month. No action was taken.
Mr. Goodson, Director, Zoning Commission, gave a report on the Public Hearing held on the 4th day of February, 1960; WHEREUPON, on a motion by Commr. Theus, seconded by Commr. Bishop and carried, the following resolution was adopted:
WHEREAS, the Lake County Zoning Commission did, on the 4th day of February, 1960, after due notice of the hearing, review applications for change of the zoning of certain areas in Lake County and did approve the changes as requested in said applications and the Board of County Commissioners of Lake County having reviewed the said applications and recommendations of the Lake County Zoning Commission.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County that the Zoning Rules and Regulations of Lake County be altered and amended as they pertain to the following tracts of land:
A. Begin at a point 100 feet West of the Southwest Corner of State Road 450 and County Road, known as Clayton Avenue, said point being located in Section 15, Township 18 South, Range 26 East, run thence South 630 feet, thence West 585 feet, thence North to a Westerly boundary of State Road 450, thence East to the point of beginning, being a part of the Northeast Quarter of said Section, now classed as “A” (Agriculture), be, and the same is amended, changed, and rezoned as “M-1” (Industrial).
B. The tracts of land included in “Remley Heights,” as the same appears recorded in the public records of Lake County, Florida, in Plat Book 12, page 28, now zoned as “C-1” (Commercial), be and the same is hereby altered, amended, and rezoned as “R-1” (Residential) with the exception of Lot 1 thereof, which is retained in Classification “C-1” (Commercial).
C. The East Half of the Southwest Quarter of Southeast Quarter (E ½ of SW ¼ of SE ¼); and the West 300 feet of Southeast Quarter of Southeast Quarter (SE ¼ of SE ¼) of Section 31, Township 18 South, Range 28 East, now zoned as “A” (Agricultural), be and the same is hereby amended, changed, and rezoned to “R-2” (Residential).
D. Begin 208 feet East and 208 feet North of the Southwest corner of Northwest Quarter of Southwest Quarter of Section 5, Township 20 South, Range 26 East, run thence West 208 feet, thence North to the highway. Begin again at the point of beginning, run thence South 208 feet, thence East to the highway, thence Northwesterly along the highway to intersect the first line, now zoned as “A” (Agriculture), be and the same is hereby amended, changed, and rezoned to a variance of said Classification, to-wit: to permit the construction of a paint and body shop on said property.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Lake County that in accordance with the recommendations and approval of the Lake County Zoning Commission, with reference to Bulletin #54 of the National Fire Protective Association entitled “Standard for Installation of Gas Appliance and Gas Piping,” the Zoning Regulations and Rules of Lake County be amended by including as a part of the requirements for the construction of improvements the regulations and requirements specified in said Bulletin for the installation of gas appliances and gas pipelines.
On a motion by Commr. Cowart, seconded by Commr. Theus and carried, the following Vouchers were approved for payment:
General Revenue Fund #491 through #645
Road & Bridge Fund #391 through #507
Fine & Forfeiture Fund #65 through #83
following filed with the board:
Letter from Karl Lehmann regarding procuring truck from Surplus Supplies at Camp Blanding and helmets for volunteer firemen.
State Treasurer’s Office regarding automobile liability rate filing
Mr. & Mrs. Fred Cross – thanks for flowers
South Florida Asphalt Co. Inc. – regarding road paving
State Road Department regarding State Project 11590-8602 on Lake Ave and Irma St., Tavares – low bidder PAV-A-WAY Corp of Lakeland – amt. $14,827.20 Sec. Fds. and tabulation of bids
W. M. Kennedy, President, Bar Association regarding remodeling courthouse
Gov. LeRoy Collins regarding training school for Fla. Tax Assessors’ Assn.
C. E. Duncan (copy of letter) to Joe Jenkins, Supt. School Board, enclosing deed
Report of Ray E. Green, Compt. regarding gas tax and motor vehicle special fuel tax
Report of Lake County Welfare Worker – Mrs. Sudderth
/s/ Frank E. Owens___ /s/ Fred Cross __