MINUTES of THE BOARD OF COUNTY COMMISSIONERS in regular
session ON MONday – JULY 2, 1962
The Board of County Commissioners met in regular session in the County Commissioner’s Room in the Courthouse at Tavares on Monday, July 2, 1962 at ten o’clock a.m., with the following present: Chairman Simpson; Commissioners Cowart, Dykes, and Babb, (Commr. Theus absent) also present were Attorney Duncan, Clerk Owens and Engineer Givens.
The Board was called to order by Chairman Simpson.
The invocation was given by Commissioner Dykes.
The minutes of the meetings of June 4, 11 and 18 were approved as read on motion of Commr. Cowart seconded by Commr. Babb and carried.
Clerk Owens reported he has approved since the first regular meeting in June the following Notary Public Bonds:
With American Surety Company of New York – Joan K. Dudley 6-7-1962; Nancy A. Penn 6-14-62; Dorothy L. Foundation 6-22-62; and Loretta A. Decker 7-2-1962.
With American Fire & Casualty Company – Glenn M. Robertson 6-7-62; Paul V. Hudson 6-8-62; and Elsie R. Smith 6-21-62.
With The Fidelity and Casualty Company of New York – Irene Kise 6-11-62.
With U. S. Fidelity & Guaranty Co. – Ann B. Marteny 6-14-62.
With Highway Insurance Company – John R. Jones 6-28-62.
BONDS FOR CARRYING FIREARMS
On motion of Commr. Cowart seconded by Commr. Babb and carried, the following bonds for carrying firearms were approved:
Willie Mae Barrett, Leesburg, for carrying a pistol made by Smith & Wesson of .38 caliber and numbered 942618.
A. B. Bauknight, Groveland, for carrying a pistol made by Smith & Wesson of .38 caliber and numbered 99659.
PETITION FOR CLOSING A ROAD IN LAKE HIGHLAND SUBDIVISION as submitted previously at the request of Stewart L. Ayers, attorney for the Petitioners, was now filed as follows:
TO: THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA
Your Petitioners, by and through their undersigned attorney, and pursuant to § 336.09 Florida Statutes, respectfully represent unto your Honorable Body as follows:
1. Petitioner Millard R. Smith and Mildred B. Smith, his wife, are the owners in fee of the following described real property lying, being and situate in the County of Lake, State of Florida and described as follows:
The SE 1/4 of the SW 1/4 of the NW 1/4 of Section 28, Township 22 South, Range 26 East, otherwise described as Tract 26 according to the Plat of Lake Highlands Company filed on March 2, 1914, and recorded in Plat Book 2, page 28, Public Records of Lake County, Florida.
2. Petitioners Oscar W. Freeman and Laura Jean Freeman, his wife, are the owners in fee of the following described real property lying, being and situate in the County of Lake, State of Florida, and described as follows:
The NE 1/4 of the NW 1/4 of the SW 1/4 of Section 28, Township 22 South, Range 26 East, otherwise described as Tract 39, according to the Plat of Lake Highlands Company, filed on March 2, 1914 and recorded in Plat Book 2, Page 28, Public Records of Lake County, Florida.
3. Your said petitioners, Millard R. Smith and Mildred B. Smith, Oscar W. Freeman and Laura Jean Freeman, respectfully petition that the following described property lying, being and situate in the County of Lake, State of Florida and described as follows:
That portion of land platted as a road being approximately thirty feet wide and six hundred and sixty feet long lying between Tracts 26 on the North and 39 on the South, said tracts being according to plat of Lake Highlands Company as recorded in Plat Book 2, page 28, Public Records of Lake County, Florida.
be closed, vacated and abandoned for as much as the above described property has not been taken over by the County of Lake, State of Florida, nor the U. S. Highway Department, for maintenance and is not a part of the County, State or Federal Road System; that said property serves no useful purpose to any of the public except your petitioners and they constitute all of the abutting property owners and that the closing, vacating and abandonment of same will not be detrimental to the property of any other persons.
4. Petitioners would further show that on the property sought to be abandoned by the County, there are some forty eight fruit bearing orange trees which have always been considered by your petitioners as their trees and which have been cultivated by your petitioners and the fruit therefrom sold. Petitioners allege that such same conditions apply to the East and to the West along the road as platted.
WHEREFORE, your Petitioners respectfully pray that your Honorable Body consider this petition by the authority vested in you pursuant to § 336.09 Florida Statutes, and after due process vacate and abandon the aforedescribed real property.
Stewart L. Ayers
Attorney for Petitioners
116 1/2 South Orange Avenue
STATE OF FLORIDA COUNTY OF ORANGE
Before me this day personally appeared Stewart L. Ayers who after by me being duly cautioned and sworn upon his oath, deposes and says that the matters set forth in the above and foregoing petition by him read and subscribed are true and correct and that Affiant is the attorney for said Petitioners.
Stewart L. Ayers
SWORN to and SUBSCRIBED before me
This 3rd day of May, A.D. 1951 at Orlando,
County of Orange, State of Florida.
Pervie P. Swann – (Notarial Seal)
Notary Public, State of Florida at Large
My Commission Expires December 29, 1962
Bonded By American Surety Co. of N. Y.
Mr. Ayers appeared before the Board and requested that a Resolution be adopted closing the road. Proof of Publication of Notice of Application for Closing, Vacating and Abandoning the road was presented. A letter from Wm. W. Boyd protesting the closing of the road as the right of way is needed to get into the other properties was read by Clerk Owens. Commr. Dykes stated he has discussed this matter with Mr. Boyd and it would be almost impossible to build a road as the route is planted in orange groves now, and there is also a big sink hole in the path. Mr. Dykes pointed out there are two other roads leading into the area, WHEREUPON, on motion of Commr. Dykes seconded by Commr. Cowart and carried, the following Resolution was adopted:
PURSUANT to the provisions of § 336.10 Florida Statutes, a Petition was filed with the Board of County Commissioners to close, vacate and abandon that certain road in Lake County, Florida, described as follows:
That portion of land platted as a road being approximately thirty feet wide and six hundred and sixty feet long lying between Tracts 26 on the North and Tract 39 on the South, said tracts being according to Plat of LAKE HIGHLANDS COMPANY as recorded in Plat Book 2, page 28, Public Records of Lake County, Florida.
FURTHER pursuant to said Act, notice of a public hearing before Board of County Commissioners on the 2nd day of July, A. D. 1962, was published in the South Lake Press, Clermont, Florida, one time at least two weeks prior to the date stated therein for such hearing; and
No one having appeared before the said Board of County Commissioners in opposition to the same and the Board finding that the closing, vacating and abandonment of said road will not operate to the detriment of the County or public, it is hereby resolved that the said road as above described be, and the same is hereby closed, vacated and abandoned as of this date and the County renounces any rights in and to said property as hereinabove described.
BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY:
O. M. Simpson, Chairman
ATTEST: Frank E. Owens
HALTING TRAFFIC TO BOAT RAMP IN ASTOR:
A delegation from Astor – namely Walter Auffenberg, Sherill Dillard, Ralph Darden and James H. Powell – appeared before the Board and complained that a property owner is halting traffic to the boat ramp illegally. A property owner has built a house partially in the street leading to the Boat Ramp. Commr. Babb reported that the carport is on County property, and suggested that the property owner be requested to move the house, or the part that is in the street. It is partially on Lot One in an unnumbered block lying East of Blocks 119 and 120 according to Plat of Astor. After discussion on this matter, Commr. Babb made a motion that the following Resolution be adopted. Motion seconded by Commr. Dykes and unanimously carried.
WHEREAS, it has been brought to the attention of the Board of County Commissioners that a building has been constructed partially on Lot 1, in an unnumbered block lying East of Blocks 119 and 120, according to the Plat of Astor filed and recorded in the public records of Lake County, Florida, and partially in the street located immediately North of said block, said street being shown on the said Plat of Astor, and
WHEREAS, the said street is an existing street according to said Plat and has never been closed as a public highway and the construction of a portion of the building above mentioned within said street was constructed without the approval of the Zoning Board of Lake County, or the Board of County Commissioners and was, therefore, illegally constructed within said street.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that Childs C. Partlow, the owner of the building, constructed partially in Lot 1 of the above described block and partially in the street lying immediately North and adjacent thereto, be instructed to remove that portion of said building lying within the limits of the street above mentioned.
BE IT FURTHER RESOLVED that upon the failure of the owner of said building to comply with these instructions, such steps be taken to legally remove the obstruction in said street.
PERMIT TO DREDGE IN LAKE GRIFFIN
Joe Andrews appeared before the Board to apply for a permit to pump a beach along shore of Lake Griffin for Minute Maid Corporation (Don H. Kimball) to be used for employees’ recreation area. Mr. Andrews stated they have the approval of the Game & Fresh Water Fish Commission. Clerk Owens read the letter of approval, WHEREUPON, on motion of Commr. Dykes seconded by Commr. Babb and carried, the application for permit was approved and Clerk Owens and Chairman Simpson were authorized to sign the permit.
TAVARES MANOR IN SECTION 25-19-26
John Rapalje and Mr. Travers appeared before the Board and presented this Plat for approval. Mr. Duncan stated the Plat shows a road into the subdivision. The street within the Subdivision is 50 feet wide. Letter from Lake Co. Health Department shows that the property is suitable for installation of septic tanks. Mr. Rapalje presented Title Policy #X-268975 issued by Lawyers Title & Insurance Company to Robert E. Travers and Martha B., his wife, covering the property and showing the title is clear except as to a small portion which is subject to a mortgage, which, according to a letter has been released from the mortgage. The Plat has been approved by the Zoning Commission and is ready for acceptance, WHEREUPON, on motion by Commr. Dykes seconded by Commr. Cowart and carried, the PLAT OF TRAVERS MANOR IN SECTION 25-19-26 was approved.
TYPICAL SECTION ON SINCLAIR AVENUE IN TAVARES
Motion by Commr. Dykes seconded by Commr. Babb and carried that the Typical Section on Sinclair Avenue be approved by the Board and Clerk Owens be authorized to sign same.
TYPICAL SECTION AS FOLLOWS was presented by C. E. Duncan, Attorney, with letter from State Road Department:
SRD JOB NO. RD. NO. MILES LOCATION
11010-8506-01 500 0.222 In Tavares M.P. 15,058 to MP 15,280
11120-8501-02-31 448 5.417 SR 561 E. thru Lake Jem to Orange Co.
11150-8502-31 450 3.985 Marion Co. line to W. of SR 19
11160-8502-31 42 0.64 Marion Co. line to SR 19
11501-8602-02-41 19A 2.473 Dora Ave in Tavares – Lake Dora NE to Eustis (Interchange)
11640-8605-02-41 25A 1.589 SR 25 to South limits of Leesburg
Motion by Commr. Dykes seconded by Commr. Cowart and carried, that the Typical Section be approved by the Board and Clerk Owens be authorized to sign same.
APPROVED TYPICAL SECTION ON JOB NO. 11505-3601
SR S-466-A East of Fruitland Park North to Eagle Nest Road (Lake Unity Road) filed.
TRAFFIC ON SR 19 THROUGH DONA VISTA
Letter from Richey Green of SRD, states – “We are asking our Traffic and Planning Department to make a speed zone study through this area.” Letter filed.
Mr. Duncan stated he received a letter from Mr. Lewis re: The Board’s requests about County roads over the toll road.
Mr. Duncan read a letter from Max Brewer’s secretary stating he will be in Eustis at noon on August 1st and suggested that he meet with the Board on that day while in Eustis. Mr. Duncan was instructed to write Mr. Brewer that the Board members wish to meet with him after the Kiwanis meeting in Eustis.
SECTION 11506, ROAD S-452 – EUSTIS MARINA
Clerk Owens read a letter from Richey Green, of the SRD, acknowledging receipt of sepia and prints of official map of location and survey on the above section.
SIGNS AND PAVEMENT MARKINGS FOR SCHOOL ZONES AND CROSSINGS
Letter from State Road Department re the above was read and filed.
STATE ROAD DEPARTMENT ABANDONMENT
State Road Department abandonment of that portion of Old SR S-19-A by-passed by the new construction of a portion of SR S-19-A. Letter, with sketch attached, re above was read and filed.
DELETIONS: RE: Roads in Lake County 1952-1963 Budget
Letter from John R. Phillips, Chairman SRD, acknowledging receipt of Resolution re: SR 44 and SR 19 through Umatilla was read and filed.
INSTALLATION OF FLASHING BEACON AT INTERSECTION OF SR 25 AND SR 48
Letter from State Road Department enclosing letter from Emmet Peter, Jr., re this matter was read. Mr. Cowart had already suggested that a Resolution be adopted requesting a flashing beacon at this location, and that the highway be widened sufficiently to permit a left-hand turning lane from SR 25 into SR 48, WHEREUPON, on motion of Commr. Cowart seconded by Commr. Dykes and carried, the following Resolution was adopted:
WHEREAS, it has been brought to the attention of the Board of County Commissioners that, because of increasing traffic on State Road 25 (U.S. 27) south of Leesburg and particularly in the vicinity of the Intersection of State Road 25 and State Road 48, East of Okahumpka, has become so serious that accidents have been reported at said intersection and it is becoming increasingly necessary that some cautionary sign be located to protect the traveling public; that one of the reasons for the danger at said intersection is lack of visibility of State Road 25 from State Road 48 as vehicles approach from the East.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the State Road Department of the State of Florida be requested to grant a permit for the installation of a flashing beacon at the intersection of State Road 25 (U.S. 27) with State Road 48, at a point approximately one mile east of Okahumpka; with the understanding, however, that Lake County will purchase, install, operate and maintain such flashing beacon in accordance with State Road Department specifications.
BE IT FURTHER RESOLVED that the State Road Department request its maintenance department to construct a turn-out on the left, or east, side of the pavement of State Road 25, as it approaches State Road 48, to permit vehicles turning left at said intersection to drive off of the main lanes of travel and make safe turns.
DEEDS FOR RIGHT OF WAY PURPOSES WERE FILED AS FOLLOWS:
Quit-Claim Deed from B. C. Dodd and wife to Lake Co. conveying E 25 ft. of that part of the SE 1/4 of NW 1/4 of SW 1/4 lying S of SR 561 in Section 4-24-25.
Warranty Deed from Eric M. Hooper and wife, et al to Lake Co. conveying W 25 ft. of SW 1/4 of Section 3, & W. 25 ft. of NW 1/4 of Sec. 10, Tp. 21 S. R. 26 East.
Warranty Deed from Elmer C. Jost and wife, and Victor E. Ballard, unmarried, conveying to Lake County the East 25 feet of NE 1/4 of Section 9, Tp. 21 S. R. 26 East.
The deeds were accepted and ordered filed for record.
Mr. Duncan read a letter from Ruth M. Johnson re tax certificate on Lot 7, Block 2, Oleander Court. Motion by Commr. Dykes seconded by Commr. Cowart and carried, that the Tax Certificate #350 of 1960 for 1959 taxes on Lot 7, Blk 2, Oleander Court be redeemed.
LOAD LIMIT IN TRIANGLE ACRES AND GUN SHOP ROAD
Motion by Commr. Dykes seconded by Commr. Babb and carried, that the following Resolution be adopted:
WHEREAS, it has been brought to the attention of the Board of County Commissioners of Lake County, Florida, that excessive loads traversing the hereinafter described streets and roads are causing considerable damage thereto, said roads having been constructed under specifications not sufficiently substantial to support loads in excess of a gross weight of 6,000 pounds; and in order to protect said roads against excessive weights, load limits should be posted along said roads;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, under authority of the provisions of law pertaining to County roads, a maximum gross load limit, including the weight of the truck, for vehicles traversing said roads, is set at 6,000 pounds, said roads being more particularly described as follows:
A. All public roads located within Triangle Acres, a subdivision in Lake County, Florida, according to the Plat thereof filed and recorded in the public records of Lake County, Florida.
B. That certain road generally designated as “Gun Shop Road,” commencing at State Road 500 as it now exists between Tavares and Mount Dora, and extending Northerly to intersect State Road 19-A, at a point approximately one-half mile south of the “Eustis Interchange,” approximately two miles south of Eustis.
BE IT FURTHER RESOLVED that any motor vehicle, including trucks, or trucks and trailers, having a gross weight of 6,000 pounds, including the weight of the vehicle or vehicles traversing any of said County roads, shall be guilty of a misdemeanor.
BE IT FURTHER RESOLVED that appropriate signs showing load limits be erected along said roadways.
ANYONE violating the provisions of this Resolution shall be prosecuted under the laws of Florida pertaining to misdemeanors.
SPEED LIMIT AND LOAD LIMIT IN OAKLAND PARK, SHADEMOOR SUBDIVISIONS AND BAR-L RANCH ROAD
Motion by Commr. Dykes seconded by Commr. Babb and carried, that the following Resolution be adopted:
WHEREAS, on the 9th of April 1962, a Resolution adopted pertaining to speed limits and load limits in subdivisions designated as “Oakland Park,” “Shademoor Acres,” and on County Road extending from State Road 448 West of Lake Jem and extending North through Bar-L-Ranch and Easterly to Pine Island, and
WHEREAS, the requirements set forth therein are not in conformity with the understanding of the Board of County Commissioners;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the Resolution above referred to, adopted April 9, 1962, be, and the same is hereby rescinded and the following Resolution adopted in lieu thereof:
“WHEREAS, it has been brought to the attention of the Board of County Commissioners of Lake County, Florida, that excessive speeds along the roads hereinafter described have become increasingly dangerous to the lives of those using the highway, and to the lives and property of those living along the boundaries of said roads, and that excessive loads traversing said roads are causing considerable damage thereto, said roads having been constructed under specifications not sufficiently substantial to support loads in excess of a gross weight of 6,000 pounds; and in order to protect said roads against excessive speeds and excessive weights, speed limits and load limits should be posted along said roads.
“NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, under authority of the provisions of law pertaining to County roads, a maximum speed of 35 miles per hour is determined and set for the roads hereinafter described, and a maximum gross load limit, including the weight of the truck, for vehicles traversing said roads is set at 6,000 pounds, said roads being more particularly described as follows:
A. All County Roads located within Oakland Park, according to the Plat thereof filed and recorded in the public records of Lake County, Florida;
B. All County Roads within Shademoor Acres, according to the Plat thereof filed and recorded in the public records of Lake County, Florida; and
C. That certain road commencing at State Road 448, West of Lake Jem, Florida, and extending North through Bar L Ranch and Easterly to Pine Island, and passing between Lakes Dora and Beauclair.
“BE IT FURTHER RESOLVED that any motor vehicle traversing any of said roads at a speed in excess of 35 m.p.h. shall be guilty of a misdemeanor and any motor vehicle, including trucks, or trucks and trailers, having a gross weight of 6,000 pounds, including the weight of the vehicle or vehicles traversing any of said County roads, shall be guilty of a misdemeanor.
“BE IT FURTHER RESOLVED that appropriate signs showing speed limits and load limits be erected along said roadways.
“ANYONE violating the provisions of this Resolution shall be prosecuted under the laws of Florida pertaining to misdemeanors.”
MEMORANDUM TO HON. A. S. HERLONG, JR., from GERARD M. BRANNON RE: H.R. 8612 - gas tax money was read and filed.
ABANDONMENT OF ATLANTIC COAST LINE RAILROAD IN UMATILLA
Copy of letter to Hon. A. S. Herlong, Jr., from Rupert L. Murphy, Chr., Interstate Commerce Commission re the above matter was read and referred to C. E. Duncan, Attorney for the Board.
PAVING HOOKS STREET IN CLERMONT
Letter from City of Clermont re this paving was read.
Motion by Commr. Dykes seconded by Commr. Cowart and carried, that C. E. Duncan, Attorney for the Board, be authorized to write NOTICE TO BIDDERS for the paving and advertise for bids to be taken the first meeting in August – August 6th. Publish Notice in South Lake Press.
SUNSHINE STATE PARKWAY – TWO PRINTS OF APPROVED BRIDGE DATA DRAWINGS:
13.1-3 County Road over Parkway: 12.2-2 County Road over Parkway tiled
Motion by Commr. Cowart seconded by Commr. Dykes and carried, that C. E. Duncan, Attorney for the Board, be instructed to request the Turnpike Authority to put rails on both bridges.
YARD MAINTENANCE AT AG CENTER
Commr. Dykes stated there should be some arrangement for janitor service at the Agricultural Center. He stated the Sheriff will not allow the prisoners to be transported out there, which is right. Commr. Dykes suggested that the present janitor – James Alter – be put out there as janitor at a salary of $200 per month as he has a pension to supplement this. The Board could replace him with another man for the buildings in the courthouse block. Dykes has instructed to talk to James about this after dinner. (No action taken on this after dinner, however)
Clerk Owens read an article in the Commercial and South Lake Press written by T. C. Henson and discussed same. Mr. Hanson being present commented on the article and stated he got the information from Tallahassee.
HIRING MENTAL HEALTH OFFICER
Judge Milton again appeared before the Board re the need for a mental health officer in the County and asked if Mr. Duncan has checked on the legal authority of employing such an officer. Mr. Duncan stated he called the County Attorney in Leon County for advice on the method of handling this matter. His response was there was no authority to hire a psychiatrist, but if additional personnel are required, it is alright to hire additional personnel. Mr. Simpson inquired as to the cost of this and Judge Milton advised him it would be around $8,000. No action was taken on this, but it will be considered when preparing the budget.
JUVENILE SHELTER ENLARGEMENT
Mr. Fisher, representing Mr. Hopson, architect, appeared before the Board and presented Plans and Specifications as prepared by Mr. Hopson for bids for Enlargement of the Juvenile Shelter. Bids to be taken on August 6, 1962.
Motion by Commr. Dykes seconded by Commr. Babb and carried, that Clerk Owens be authorized to publish in the Eustis Lake Region News, two issues, NOTICE TO BIDDERS for bids to be taken on August 6, at 10 a.m. Enlargement of the Juvenile Shelter.
MEETING ADJOURNED FOR LUNCH – RECONVENED AT 1:45 P.M.
The Board was called to order by Chairman Simpson.
Motion by Commr. Babb seconded by Commr. Dykes and carried that the bills of C. E. Duncan, Attorney for the Board, for securing right of way and deeds and instituting condemnation proceedings on the following roads be approved for payment by the State Road Department:
CASE #6458 – SR 500, LAKE COUNTY vs. HENDRIX, et al, total original appraisal - $794,261.00. Amount of the Bill $15,000.
CASE #6046 – SR 40, LAKE COUNTY vs. MUSTONEN, total original appraisal $6,045 – Amount of the bill $750
REFUND OF ROAD & BRIDGE TAX MONEY FROM GROVELAND
Commr. Cowart filed City of Groveland warrant #2319 made payable to Lake County District No. 1 in amount of $1,333.44 – refund for road and bridge tax money.
Commr. Babb filed check from J. C. Schlauder in amount of $54.00 reimbursement for cutback asphalt.
PROPOSALS FROM VARIOUS INSURANCE COMPANIES ON WORKMEN’S COMPENSATION
The hour of 2:00 p.m. having arrived, Proposals from the various Insurance Companies were received and read by Clerk Owens as follows:
National Ins. Agency, Mr. Dora, submitted by James C. Noblitt
Net Deposit estimated premium
American Fire and Casualty Co. – Gates Ins. Agency, Mt. Dora
Lassiter Ware Ins. Co. – submitted by Lee Howard
Howey Ins. Agency, Inc. – Travelers Ins. Co., Howey
Nationwide Ins. – Eustis – E. John Delk
After discussion on the Bids above listed, Commr. Dykes moved that the Bid on Workmen’s Compensation of Lassiter-Ware (U.S.F.&G.) – total premium of $7,675.64 be accepted. Motion was seconded by Commr. Babb and unanimously carried.
FIRE INSURANCE ON COUNTY BUILDINGS
Lee Howard asked if the Board is ready for him to go ahead and prepare bids on fire insurance. Commr. Dykes stated as far as he is concerned, would say “yes.” To exclude the jail and fair grounds as they can be set up on own value.
INSURANCE ON HOT MIX PLANT
Motion by Commr. Dykes, seconded by Commr. Cowart and carried, that Lee Howard be instructed to place insurance on the Hot Mix Plant as of today in the amount of the purchase price.
PLAT OF SECOND ADDITION TO GOLDEN HEIGHTS SUBDIVISION
John Rapleja presented this Plat with letter from Lake County Health Department stating the property is suitable for septic tanks. Title policy issued by Lawyer’s Title & Insurance Company No. X-268-972 dated June 27, 1962, was presented which shows the title in Harry H. Mielke and covers property in the Plat. There is a mortgage on the property, but the streets have been released. Zoning Commission has approved and signed the Plat. Paved road adjoins the subdivision. Motion by Commr. Dykes seconded by Commr. Babb and carried, that the plat of Second Addition to Golden Heights Subdivision be approved.
County Engineer Givens reported that one lot in this subdivision is undersize, but the owner was told at the time about this and that the Zoning Department will not approve this. However, the Zoning Commission recommends this on a hardship basis.
Motion by Commr. Dykes seconded by Commr. Babb and carried, that the Zoning Commission’s recommendation that this be a hardship case be accepted.
HOUSE BUILT WITHOUT MAKING APPLICATION FOR PERMIT
County Engineer Givens reported to the Board that David Morris, Contractor, has built a house without making application for permit in Section 21-19-24, in a residential area, for an Automobile Mechanics Garage. Now has applied for rezoning. No action taken on this. Mr. Givens asked what steps should be taken now to alleviate this situation. Mr. Duncan stated the Prosecuting Attorney could swear out a warrant. First should send notice to the property owner to remove the building. Mr. French recommended that Attorney Duncan give the facts to the Prosecuting Attorney. Mr. Duncan stated that Zoning Commission should take action first before the County Commissioners. Mr. Givens thinks should take this to the Board of Adjusters. However, no motion was made on the matter.
Mr. French, Chairman of the Zoning Commission, stated they need to be authorized to employ a good leg man to do field work. This would cost $7,000 per year plus mileage. Mr. Simpson suggested that this matter be taken under advisement.
DRAPES FOR LAKE MEMORIAL NURSING HOME ADMINISTRATIVE OFFICE
Mr. Givens presented quotations on drapes – lined and unlined. Boyd’s Furniture and Hardware bid was $335 unlined, plus $30 lined. Motion by Commr. Dykes seconded by Commr. Cowart and carried, that the quotation of Boyd’s Furniture and Hardware to furnish lined drapes for the sum of $365 for the Administrative office at the Lake Memorial Nursing Home be accepted as this is the lowest and best bid.
Bob Norris, County Agent, advised the Board that the roof at the Ag Center leaks. Was leaking on floor levels on south side. The ventilators in the doors need repairs. However, he called Robert Ford and these matters have been repaired.
DOOR FOR THE ASCS OFFICE AT AG CENTER
Letter from Don Kemp, Chairman ASCS County Committee, states the estimated cost to change the window into a door will be $200 plus. Upon completion of above project, render statement to the Lake County ASCS Committee Box 1121, Tavares. Clerk Owens advised the Board that on June 25th he phoned Commrs. Cowart, Theus and Dykes and obtained their approval for changing window to a door. The expense to be paid by the ASCS Committee. He then authorized Robert Ford to make the change. Motion by Commr. Babb seconded by Commr. Dykes and carried, that the action of Clerk Owens in authorizing Robert Ford, Architect, to change the window to a door was approved.
WAGE SCALE on Juvenile Building filed.
Letter from Frank England re – garbage dumps filed
Copy of letter from Joseph Bon Jorn, Mayor of Clermont, to Dr. Hall filed.
Letter from Moore, Clark & Potter, Inc. re Insurance for Lake County filed.
Copy of letter rom G. G. Ware to Trust Dept. First Natl Bank of Chicago re Bonds – completes payment of courthouse bond issue read and filed.
Copy of letter from Karl Lehmann, Director of Lake Co. Defense Council to Sears Roebuck & Co., Orlando re Order of Geiger counters for civil defense, which order was not completed, now he asks for refund of $15.96.
Letter from Turner Realtor Co. re building private airport at Astor was referred to Zoning Board.
STREETS IN MACDONALD TERRACE SUBDIVISION
Clerk Owens read a letter from the Board dated in 1954 to Mrs. MacDonald re maintenance of streets in this subdivision.
DISCUSSION ON OPERATORS FOR PAVING MACHINE
Motion by Commr. Cowart seconded by Commr. Dykes and carried, that the operators of the Paving Machine be paid $2.00 per hour while work on the machine, and that at least two men be trained to operate the Paving Machine.
Mr. Givens, County Engineer stated we need a man from District 4 for a lute man. Said he will work this out.
REQUEST TO CARVER & ROXY NURSERY TO REMOVE PLANTS FROM RIGHT OF WAY
Motion by Commr. Dykes seconded by Commr. Babb and carried, that C. E. Duncan, Attorney for the Board, be authorized to notify Mr. Carver to remove the plants within the right of way of Orange Avenue in Dora Vista which are partially obstructing the right of way in said street.
Motion by Commr. Dykes seconded by Commr. Cowart and carried, that the bill from Sorrento-Mount Plymouth Civics Association for use of building for First and Second Primary Elections ($15 for each Election) be approved for payment.
PROPOSED BRIDGE AND WAYSIDE PARK ON S-452 WEST OF EUSTIS
Copy of letter from Ernest Kidd, City Manager of Eustis, to Max Brewer, Member Fifth District, SRD., re this matter was read and filed.
JOB 11505-2601 – LAKE UNITY ROAD – executed copy of Typical Section filed.
LAKE UNITY ROAD – Original and 3 copies of right of Way Contract (SRD No. 1) presented and Sepia and 5 prints of Map of Survey and Location, also State Road Department Resolution filed. Original and three copies of County Resolution (3 copies certified & returned SRD)
Motion by Commr. Dykes seconded by Commr. Babb and unanimously carried, the following Resolution was adopted:
WHEREAS, the State Road Department of Florida has authorized and requested Lake County to furnish the necessary rights of way, borrow pits and easements for that portion of Section 11505, Lake Unity Road, extending from State Road S-466-A, in Section 2, Township 19 South, Range 24 East, Northerly to Eagle Nest Road, which has been surveyed and located by the State Road Department as shown by a map on file in the office of the Clerk of the Circuit Court of said County, and in the office of the said Department at Tallahassee; and
Whereas, the said Department will not begin construction of said portion of said Section in said County until title to all land necessary for said portion of said Section has been conveyed to or vested in said State by said County, and said lands are physically cleared of all occupants, tenants, fences, buildings and/or other structures and improvements upon or encroaching within the limits of the land required for said portion of said Section; and
WHEREAS, the said County is financially unable at this time to provide the necessary funds to acquire said rights of way, borrow pits and easements;
NOW, THEREFORE, BE IT RESOLVED, THAT the State Road Department of Florida be and it is hereby requested to pay for the rights of way, borrow pits and easements for said road, including the removal of buildings, fences and other structures and improvements thereon, and for other expenses of acquiring title to said rights of way, borrow pits and easements by purchase or condemnation, from such funds and under such conditions as are set out in the contract hereto attached; and
BE IT FURTHER RESOLVED, that said County, through its Board of County Commissioners, comply with the request of said Department and procure, convey or vest in said State the free, clear and unencumbered title to all lands necessary for said portion of said Section, and deliver to the State Road Department said lands physically clear of all occupants, tenants, fences, buildings and/or other structures and improvements situate upon or encroaching within the limits of the lands required for said portion of said Section, and that the Chairman and the Clerk of this Board be and they are hereby authorized and directed to execute and deliver on behalf of said County to said Department the Contract in the form hereto attached; and
BE IT FURTHER RESOLVED, that the attorney for this Board be, and he is hereby authorized and directed to proceed to take the necessary steps for the County to acquire in the name of said County by donation, purchase, or condemnation of said rights of way, borrow pits and easements for said portion of said Section, and to prepare in the name of said County by its County Commissioners all condemnation papers, affidavits and pleadings, and prosecute all condemnation proceedings to judgment, and furnish to the Department the abstract search provided for in said Contract.
CERTIFICATES OF CORRECTION
Motion by Commr. Dykes seconded by Commr. Babb and carried, that the Certificates of Correction of Errors on the 1961 Lake County Tax Roll numbered 324 through 342, as submitted by the Tax Assessor, be approved.
PRISONERS’ ACCUMULATED TIME DISALLOWED
Request from Sheriff McCall that accumulated good time be disallowed on Wiley Hill (65) days and on Albert Mitchell (20 days) was read, WHEREUPON, on motion of Commr. Dykes seconded by Commr. Babb and carried, the Board concurred in the request that accumulated good time be disallowed on the named prisoners.
RAILROAD CROSSING MILE POST 784 – THOMPSON
Motion by Commr. Babb seconded by Commr. Dykes and carried, that the bill from Western Union for providing clearance for construction of a public highway or street, near Tavares, which will cross at grade the right of way and main track of the Seaboard Airline Railroad 3136 feet southwestwardly from Railroad’s Mile Post 784, in the amount of $173.08 was approved for payment. Mr. Thompson having put up a deposit of $500 to pay for this bill and the Seaboard’s bill.
REQUEST OF R. G. CASSADY, TAX ASSESSOR
Motion by Commr. Babb seconded by Commr. Dykes and carried, that the request of R. G. Cassady, Tax Assessor, for an advance of $10,000 be approved.
AIRPORT MONEY $475.95
Letter from Florida Development Commission enclosing check in said amount was read: Motion by Commr. Babb seconded by Commr. Cowart and carried, that Clerk Owens be authorized to deposit this money in a Special Fund – Airport.
REPORT OF PAYMENTS made from Secondary funds from January 1, 1962 was filed with the Board.
Motion by Commr. Babb seconded by Commr. Dykes and carried, that the action of Clerk Owens and Chairman Simpson in approving on June 12, 1962 the application of Judy Karen Cooper to the SW Florida T. B. Hospital be approved.
JAIL AND SHERIFF’S DEPARTMENT
Motion by Commr. Cowart seconded by Commr. Dykes and carried, that the bill of Lauderdale Bedding Company, Fort Lauderdale, in amount of $2,072 as per bid, for 168 mattresses for the Jail be approved.
Clerk Owens advised the Board that Marion County and Putnam County are going to build jails and have asked for permission to come down and inspect the Lake County Jail.
ABANDONED CLAY PIT IN HOWEY AREA TO BE USED AS GARBAGE DISPOSAL
Commr. Dykes reported that the City of Tavares has made a request that they be allowed to use this abandoned clay pit for a garbage disposal.
Motion by Commr. Dykes seconded by Commr. Babb and carried, that the City of Tavares be granted permission to use the abandoned clay pit in Section 13, Township 21 South, Range 25 East, located South of the Town of Howey, as a garbage or refuse disposal area.
Mr. Duncan reported he wrote to Mr. Lewis of the Turnpike Authority and has heard from him and it looks like they have granted our request in this matter – handrails on bridges.
ATTORNEY GENERAL’S OPINION
Letter from Comptroller’s Office enclosing copy of Attorney General’s Opinion states in part as follows: “If one or more members of your Board is a stockholder of a bank or similar institution in such amount as for that person to be an officer, director, or member of such institution’s Board, that bank or institution is ineligible to receive deposits of Public Funds.” Mr. Simpson stated he is a director in one of the Banks in the County.
THE FOLLOWING LETTERS WERE FILED WITH THE BOARD
· From State Road Department:
· Re: Roads in Lake County 1962-63 budget.
· Re: SRD abandonments – that portion of old SR S-19-A by-passed by new construction (near Eustis INCHANGE).
· Re: Signs and pavement markings for school zones & crossing.
· Acknowledgement of sepia and prints of official map of location and survey of a portion of Sec. 11506 – S-452.
· Re: JOB 11501-3601, Sinclair Avenue in Tavares.
· Re: Section 11100 SR 19 Dona Vista traffic.
· Letter from Max Brewer’s Secretary re his appointment at noon on August 1 in Eustis
· Copy of letter from Fred Tanner, Director Lake County, Arthropod Control to J. A. Mulrennan, Director Bureau Entomology, Fla St. Bd. Of Health re: Proposed budget for Arthropod Control for Lake Co. for Fiscal Year 1963.
· Copy of letter signed by Harold L. Moody, Fisheries Biologist and W. H. Peavy, Jr., Fisheries Biologist, to Dr. O. E. Frye, Asst. Director G&FWF Commission re: dead fish in Lake Apopka.
· Virgil L. Milbrath, County Attorney, Board of County Commissioners, Marion Co. “Thanks for invitation to attend dedication ceremony of Lake Co. Jail & Sheriff’s Department – will try to have a representative present.
· Judge Carroll W. Fussell – unable to attend ceremony
· Ocala Power Squadron – Expressing appreciation for ramp at Astor. By far the
best we have ever had the pleasure of using.
· Central Florida Boy Scouts of America – thanks for work on road
· State Board of Administration re: Road & Bridge interest and sinking fund balance
· Copy of letter from Duncan to Disposal Officer, McDill Air Force Base, Tampa re: piece of equipment owned by Lake County, without title.
· Letters of appreciation from 16 4-H girls for opportunity afforded them by the Board to attend 4-H Short Course.
· Two letters from Lake County Property Owners’ League, Inc. – taxes.
FOLLOWING REPORTS FILED WITH THE BOARD:
J. C. Hunter, County Service Officer
R. E. Norris, County Agent and two Assistants
M. Valentine, Home Demo. Agent and two Assistants
W. A. Milton, County Judge – Fine, Forfeitures and Costs Report
MEETING ADJOURNED TO Friday, July 5th at ten o’clock.
/s/ FRANK E. OWENS /s/ O. M. SIMPSON