Regular meeting of board of county commissioners
on monday – february 4, 1963
The Board of County Commissioners met in regular session on Monday, February 4, 1963 at ten o’clock A.M. in the County Commissioners room in the Courthouse at Tavares with the following present: Chairman Dykes; Commissioners Theus, Cowart, Livingston, and Babb; Attorney Duncan and Clerk Owens. The County Engineer, Gordon Hays, and County Zoning Director, Robert S. Webb, were also present.
The meeting was called to order by the Chairman.
The invocation was given by Mr. Theus.
On a motion by Commr. Babb, seconded by Commr. Cowart and carried, the minutes of the January 7, 8, 14, and 28 meetings were approved.
The following Notary Public Bonds were approved by Clerk Owens since the first regular meeting in January:
Highway Insurance Company: Charlie Squibb, Irene C. Conklin, Nancy R. Ingraham, and Cliff Mobley.
United States Fidelity & Guaranty Company: R. K. Evans
American Fire & Casualty Company: G. M. Perry, Mildred G. Lee, Gertrude Lewis, and H. K. Sherrick
American Surety Company of NY: S. T. E. Pinkney, Charles S. Showley, and Martha S. Johnson.
license to carry firearms
Clerk Owens advised the Board that Alan Janowski, who had applied for a license to carry firearms, had come by the office and reported that he has sold his pistol and therefore did not need the license. His dollar for the license was returned to him.
Commr. Babb filed a check from C. E. Haven in the amount of $100 for road materials to be deposited to the Road and Bridge Fund.
Bids having been advertised for paving a section of road between SR 448 and SR 561 (Lake Jem Road), the following bid was received:
J. D. Manly Construction Company – 4372 SY Single Surface Treatment $.25 - $1,093
There being no other bids, a motion by Commr. Babb, seconded by Commr. Cowart and carried that the bid from J. D. Manly Construction Company to pave a section of road between S 448 and SR 561, 4372 SY @ $.25 or a total price of $1,093.00 be accepted.
Mr. Robert S. Alderman, Commodity Supervisor, appeared and announced that the warehouse will be ready to receive commodities by tomorrow night, but he needs a few supplies to build a counter and to set up his clerical procedure. Mr. Alderman said he had talked with Mr. McCubbin who advised him that the first shipments will be here about the 11th or 12th, and it is not necessary for him to be here when the shipments arrive, but he will come as soon as possible.
A motion was made by Commr. Theus that Mr. Alderman be authorized to purchase necessary supplies to build a counter and set up his office procedure. The motion was seconded by Commr. Babb and carried.
A motion by Commr. Babb, seconded by Commr. Livingston and carried that Mr. Alderman be made a guard and the Sheriff be contacted regarding use of prisoners to work as his helpers in the Commodity Warehouse and that Mr. Alderman be bonded.
Clerk Owens read a letter from the Commodity Distribution Division advising that they have available 460 cases of dry milk, 125 cases of peanut butter, and 115 cases of lard that can be shipped in order that these commodities will arrive approximately the same time as the other items already in route. Discussion of this. Mr. Owens was authorized to notify Jacksonville to ship these three items to the Commodity Warehouse.
An executed copy of the agreement with the State Department of Welfare was filed.
exchange of property with beverly grizzard
After discussion on this and appraisal from L. W. Huey filed as to the value of the property involved, a motion was made by Commr. Theus, seconded by Commr. Babb and carried that the attorney prepare the Notice of Proposed Exchange of Properties and have Mr. Grizzard public the notice the required length of time.
property between sr 44 and sr 42 on road sr 439
Doug Igou again appeared in regard to the property lines and requested the County to establish permanent markers so the property owners will know definitely where the lines are. Discussion – Whereupon, on a motion by Commr. Babb, seconded by Commr. Cowart and carried, the attorney was requested to write a letter to the surveyors, Peters and Moorhead, in an effort to establish permanent property lines on this property.
vacate part of dundee subdivision
Robert E. Pierce presented a petition from S. A. Fields and his wife to vacate a part of Dundee Subdivision. Discussion – Commr. Theus told Mr. Pierce that he would go with him to view the property in question before the Board could rule on the petition. Mr. Pierce took the petition.
Mrs. Ethel Matthews of Leesburg appeared and announced to the Board that she wants to plat a subdivision in Section 21, Township 19, Range 24 lots to be sold to colored people. She wants permission to use the road running along the railroad tracks as an access road to the subdivision. Mrs. Matthews filed three affidavits to the effect that the road is a prescriptive road, and the Board agreed that the road cold be used as an access road into the proposed subdivision.
Gordon Hays advised the Board that the Engineer’s office does not have a transit and requested permission to purchase a transit, rods and 100 feet of chain for approximately $700; Whereupon, on a motion by Commr. Cowart, seconded by Commr. Livingston and carried, the County Engineer was authorized to purchase transit, rods, and 100 feet of chain for the approximate cost of $700.
mosquito control building
Discussion on plans for Mosquito Control Building. Mr. Hays was authorized to continue the work on the plans for the new building.
Mr. Hays submitted three proposals by population breakdown regarding redistricting. After discussing the proposals, Chairman Dykes suggested that copies of each proposal be made and given to each of the members for study.
meeting adjourned for lunch
Meeting reconvened at 1:30 p.m.
pioneer building roof
Chairman Dykes announced that the roof on the Pioneer Building is in need of repair and that Mr. Lowe, Courthouse Custodian, had received an estimate of $90 to repair the roof; Whereupon, on a motion by Commr. Theus, seconded by Commr. Babb and carried, Mr. Dykes was authorized to have the roof on the Pioneer Building repaired at an approximate cost of $90.
county commissioners mid year conference
Each member having received notice of the Mid-Year Conference in Tampa on February 24, 25, and 26th, a motion was made by Commr. Theus that the Commissioners, County Attorney, County Engineer and Clerk be authorized to attend the County Commissioners annual Mid-Year Conference in Tampa to be held on February 24, 25, 26, 1963. The motion was seconded by Commr. Babb and carried.
discussion highway patrol station
On a motion by Commr. Theus, seconded by Commr. Livingston and carried, the attorney was instructed to take up the matter of the construction of the building with the Highway Patrol in Tallahassee.
industrial & tourism commission
The officers and directors of the Lake County Industrial and Tourism Commission appeared in a body at the request of the Board to discuss expenses to be paid by the Board. Mr. Huskey presented a bill for expenses for the month of January. The Board advised the Tourism Commission that reimbursement could not be made to them for meals, mileage, and entertainment, but that $100 expenses and $100 salary per month would be paid to the Executive Secretary.
The delegation gave a resume of their progress in getting organized and invited the Board to a Dutch-Treat dinner meeting February 12 at 6:30 p.m. at the villa Nova Restaurant in Leesburg.
pine meadows country club estates
Mr. Huskey introduced Dr. Frederick Nelson of Windermere, owner of Pine Meadows Country Club Estates. Lengthy discussion regarding disposal plans for this subdivision. Dr. Hall is bringing a group to the Board in March from the State Board of Health to discuss this problem in subdivisions throughout the County. The Chairman is to meet with Mr. Huskey, Dr. Nelson and Dr. Hall in regard to this matter.
vacating & abandoning a portion of grand boulevard
Ernest C. Aulls presented a petition to vacate and abandon a portion of Grand Boulevard, said petition being as follows:
TO THE HONORABLE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA:
The undersigned Petitioners, by and through their undersigned Attorney, being all of the property owners adjacent to, abutting and affected by that portion of street or drive hereinafter described, hereby respectfully request and petition the Board of County Commissioners of Lake County, Florida to relinquish, quitclaim and disclaim any right of the County of Lake and of the public, in and to the following described portion of street or boulevard hereinafter more particularly described, to-wit:
That portion of Grand Boulevard according to the plat of a rededication of Assembly Heights, according to the plat thereof as recorded in Plat Book 10, Page 11 of the Public Records of Lake County, Florida, lying East of the Eastern Boundary line of Umatilla-DeLand Boulevard, according to said plat.
And in support thereof respectfully show:
1. That the Petitioners names and property by them owned is as follows:
A) JOSIAH A. PATTERSON: That property contiguous to that portion of Grand Boulevard above-described on the North and East thereof;
B) JOSEPH M. SCOTT AND JOHNNIE M. SCOTT, his wife: All of Block 7 in Assembly Heights, a subdivision in Lake County, Florida, according to the rededicated plat thereof recorded in Plat Book 10, Page 11, Public Records of Lake County, Florida, Less and Except therefrom the following described tract: Begin at the Northwest corner of the said Block 7; thence run in a Southwesterly direction along the Westerly line of the said Block 7 a distance of 146 feet; thence run East 88 feet; thence run Northeasterly and parallel with the Westerly line of the said Block 7 a distance of 146 feet to a point on the North line of the said Block 7; thence run West along the North line of the said Block 7 a distance of 88 feet to the point of beginning;
C) W. M. SMITH AND ANNA H. SMITH, his wife: That part of Block 7, in Assembly Heights, a subdivision in Lake County, Florida, according to the Rededicated Plat thereof recorded in Plat Book 10, Page 11, Public Records of Lake County, Florida, bounded and described as follows: Begin at the Northwest corner of the said Block 7; thence run in the a southwesterly direction along the Westerly line of the said Block 60 feet; thence run East 88 feet; thence run Northeasterly and parallel with the Westerly line of the said Block 7 to a point on the North line of the said Block 7 that is 88 feet East of the Northwest corner thereof; thence run West 88 feet to the point of beginning.
2. That the portion of street or boulevard above-described is not within the boundaries of any incorporated municipality.
3. That the portion of street or boulevard above-described is not a part of any County, State, or Federal Highway.
4. That the portion of street or boulevard above described has never been open to use or utilized as a street or a boulevard.
5. That the closing of said street or boulevard above-described will not interfere with any road system and will not deprive any person or persons owning property near or adjacent to said street or boulevard of the right of ingress or egress from their property.
6. That notice of intention to petition this Board has been duly published in the Eustis Lake Region News, proof of which publication is filed herewith.
Respectfully submitted, this 18th day of January, 1963.
WHEREUPON, on a motion by Commr. Babb, seconded by Commr. Cowart and carried, the following resolution was adopted:
PURSUANT to the provisions of Section 336.10, Florida Statutes, a petition was filed with the Board of County Commissioners to close, vacate, and abandon that certain road or boulevard in Lake County, Florida, described as follows:
That portion of Grand Boulevard according to the plat of a rededication of Assembly Heights, according to the plat thereof as recorded in Plat Book 10, Page 11, of the Public Records of Lake County, Florida, lying East of the Eastern Boundary line of Umatilla-DeLand Boulevard, according to said plat.
FURTHER PURSUANT to said Act, Notice of a Public Hearing before the Board of County Commissioners on the 4th day of February, 1963, was published in the Eustis Lake Region News, Eustis, Florida, a newspaper of general circulation in Lake County, Florida, one time, at least two weeks prior to the date stated therein for such hearing; and,
NO ONE HAVING APPEARED before the Board of County Commissioners in opposition to the same and the Board finding that the closing, vacating, and abandonment of said portion of boulevard above described will not operate to the detriment of the County or public, it is hereby resolved that said portion of boulevard 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.
Mr. W. F. McDonough, representative of Empire Petroleum Company, announced that his company has a new road building product called Peneprime and wants permission to use it as a test on a County road. DISCUSSION – Mr. Livingston moved that District 4 be authorized to let Empire Petroleum Company put their product as a test on a road to be selected by him, the County Engineer, and Mr. McDonough. The motion was seconded by Mr. Theus and carried.
re road in south end of county
John A. Hardee of Clermont appeared regarding a road in the south end of the county. Attorney Duncan was instructed to get together with W. E. Lee and Mr. Hardee and work out the necessary information and report back to the Board.
Honorable W. A. Milton, Jr., Juvenile Judge, appeared and requested permission to use a shed at the back of the lot of the Juvenile Home as a bad weather shelter for the children. He wants to run the fence around the shed. The Engineer is to look into this and advise.
Judge Milton announced there are no funds available to hire legal counsel to represent the Juvenile Judge in a case wherein he is a defendant. He gave a brief outline of a case brought against him in Circuit Court involving a 15-year old child under the Juvenile Court’s jurisdiction. WHEREUPON, on a motion by Commr. Babb, seconded by Commr. Livingston and carried, Judge Milton was authorized to hire legal counsel to represent the Juvenile Judge at County expense.
In this same connection, a motion was made by Commr. Theus, seconded by Commr. Cowart and carried that Judge Milton be authorized to secure counsel for the County Judge and pay the expense out of surplus fees in his office.
A bill from Howell C. Hopson, Architect, final payment for architectural services on the Juvenile Shelter in the amount of $1,498.36 was authorized paid on a motion by Commr. Babb, seconded by Commr. Theus.
auxiliary health center – clermont
Mr. Owens read the request for the Florida Development Commission to the Director of the Lake County Health Department regarding execution of the Terms and Conditions for the Lake County Health Unit. A motion was made by Commr. Livingston, seconded by Commr. Babb and carried that the contract be completed.
Mr. Owens also advised that a state warrant for $10,000 has been received and deposited in the Bank of Tavares to the Special Building Fund – Lake County Health Clinic.
issuance of duplicate tax certificates
The applications of Mrs. Cliff B. Suber, formerly Mrs. Floyd B. Roe; Charles B. Roe; and Mrs. Marion Roe McAdams, sole heirs at law of Floyd B. Roe for duplicate tax certificates were approved as follows:
Tax Sale Certificate No. 1629 dated Sept 7, 1931 in the sum of $15.73 covering Lot 6, Block 1, Riviera Heights, Clermont
Tax Sale Certificate No. 1430 dated June 4, 1894 in the sum of $2.33 covering all of Block 40, Clermont
Tax Sale Certificate No. 1274 dated August 6, 1928 in the sum of $92.63 covering Lots 1, 2, 17, 18, and 19, Block 72, Clermont
Tax Sale Certificate No. 9423 dated August 7, 1933 in the sum of $41.58 covering Lots 1, 2, 17, 18, 19, Block 72, Clermont
Tax Sale Certificate No. 9684 dated August 7, 1933 in the sum of $10.51 covering Lot 6, Block 1, Riviera Heights, Clermont
drive in and parking space – sinclair ave, tavares
Zera Giles would like to have a drive-in on the lot back of Cities Service Station on Sinclair Avenue across from the Courthouse. She thinks while Manly has their equipment at the location, they may be able to get them to clean up the lot for more parking space. He said he would write a request to the Board to be presented next Monday. Mr. Dykes stated he would contact Mr. Giles regarding this.
pure oil company bills
Clerk Owens presented several bills from Pure Oil Company dated 1961 for Districts 2 and 5 and advised that Pure Oil is requesting payment of same. Discussion followed and Mr. Cowart said he would check with his foreman. No action taken.
lake unity road
Upon the motion of Commr. Theus, seconded by Commr. Babb and carried, the following resolution was adopted:
WHEREAS, Lake County has requested the construction of a road generally referred to as “Lake Unity Road” and which bears the road number S-466A, Section 11505-2601 and
WHEREAS, Right of Way Maps have been prepared and accepted for the location of said road, but since the preparation of said maps, it has become apparent that to best serve the area through which the road runs and to reduce the cost of the acquisition of rights of way, a change in the location of the right of way is advisable;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the State Road Department be requested to revise the right of way maps and construction plans for the construction of State Road S-466 A, Section 11505-2601, generally referred to as the “Lake Unity Road” by locating the centerline of said road between Stations 10+40.42 and 18+51, as follows:
Commence at an iron pipe set at the Southwest corner of Lot 10, according to Plat of Crescent Cove – First Addition, being a partial Replat of Crescent Cove, as the same appears in Plat Book 16, page 16, public records of Lake County, Florida, run thence North 84̊ 22’ East along the Southerly boundary of said Lot 10, a distance of 110.91 feet for the point of beginning for the centerline description, run thence North 5̊ 24’ East 694.67 feet to a point of curve, thence continuing along said curve to the left upon a radius of 1432.69 feet, a distance of 156.33 feet to intersect the centerline of Fretwell Road, according to the Plat of Crescent Cove Subdivision, as appears in Plat Book 15, page 16, public records of Lake County, Florida.
secondary road funds
Clerk Owens gave each member a copy of the Estimated Secondary Funds for the 1963-64 Budget from the State Road Department, which shows the status of the secondary funds of December 31, 1962.
Bill of c. e. duncan – sr 500
On a motion by Commr. Babb, seconded by Commr. Livingston and carried, the bill of C. E. Duncan for the following was approved and sent to the State Road Department for payment:
For securing right of way for Section 11010-25-1, SR 500; instituting Condemnation Proceedings and trial of case: $4,000
Clerk Owens reminded the Board that we need to set a date for hearing road requests. Discussion on this and February 27, 1963 at 9 a.m. set as the date for the Board to hear road requests. Mr. Owen to send notices to interested parties.
Clerk Owens read a letter from Mr. John M. Hammer, Chairman, Florida State Turnpike Authority, acknowledging resolutions from the Board regarding construction under SR 19 to permit four-laning SR 19 in the future. Letter denied request. Mr. Livingston to call the Governor regarding this.
On a motion by Commr. Theus, seconded by Commr. Babb and carried, the action of the Chairman and Clerk was approved in signing applications for admittance to Florida State TB Hospitals for the following:
District No. 1 – Coy Leon Strickland
District No. 3 – Alvia Morris Kirksey
District No. 5 – Jesse D. Jones
certificates of correction of errors
R. G. Cassady, Tax Assessor, filed Certificates of Correction of Errors on the 1962 tax roll numbered 203 through 223; WHEREUPON, on a motion by Commr. Livingston, seconded by Commr. Babb and carried, the Certificates of Correction of Errors #203 – 223 were approved by the Chairman.
jaycee beach – clermont
There was a request from the City of Clermont that convict labor be allowed to clean both sides of Lake Minneola Drive (S 561) from East Avenue to 8th Street in the City of Clermont for the Atlantic Coast Line “Ramble” which will stop in Clermont the latter part of February; WHEREUPON, on a motion by Commr. Livingston, seconded by Commr. Babb and carried, the Clerk was authorized to send convict labor to Clermont on February 18 and 19 to clean the area along the Jaycee Beach – Lake Minneola Drive from East Avenue to 8th Street.
umatilla – resolution re sr 19 and us 23
Clerk Owens announced he had received a letter from the Town of Umatilla wanting to know if and when the resolution was adopted requesting SR 19 be re-designated as US 23. Mr. Owens advised the Town of Umatilla that the resolution was adopted on July 7, 1958 and sent a copy of the resolution to the Town Clerk.
A letter from the Miami Herald re their plans to publish a special issue titled “Springtime Fun in Florida” – Clerk Owens was authorized to forward the letter to the Lake County Industrial and Tourism Commission.
civil defense director
Letter from Karl Lehmann regarding appointment as Civil Defense Director. After discussion on this, it was decided that any action on this would be deferred until the next meeting.
Attorney Duncan was instructed to write a letter regarding the gift of 1500 acres of land to the County for a technical school.
payroll for january 1963
On a motion by Commr. Babb, seconded by Commr. Livingston and carried, the payrolls for the month of January were approved.
following letters and reports filed
Letter from J. W. Brooks accepting appointment to the Lake County Zoning Board.
Letter from SRD acknowledging resolution regarding existing railroad right of way in Umatilla on SR 19
Letter from SRD acknowledging receipt of resolution and erection of road sign to Umatilla at intersection of SR 19 and SR 500.
Notice from Anna Mae Sikes, State Home Demo Agent, advising that Miss Lora A. Kiser will replace Mrs. Edith Y. Barrus as SW Florida District Demo Agent.
Copy of letter from Zoning Director to Mr. Jimmie Weekley re erection of sign without county permit.
Copy of letter from Zoning Director to Mr. J. B. Hoover, Sr. re violation of Florida Statutes 57-1486 and 61-2374.
Letter from Florida Gas Utilities Company re gas main along SR 19 between Tavares intersection of SR 19A, south of Eustis. Mr. Owens replied that this jurisdiction lies with the SRD and not the County Commissioners.
Report of county judge of fines, forfeitures and costs for the month of January 1963.
Letter from Hubbard Construction Co agreeing to change order and deletion of Item No. 54-1 from contract – Removal of existing structure, deleted. Lake Norris Bridge.
Report from State Board of Administration re Road & Bridge Interest & Sinking Fund. Balance as of 12/31/62.
Report from State Board of Administration re Surplus Gasoline Tax.
Report from County Agent and two assistants for month of January.
Report from Home Demonstration Agent and two assistants for month of January.
Report from County Service Officer for month of January.