MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
MONDAY – March 11, 1963
The Board of County Commissioners met in regular session on Monday, March 11, 1963 at ten o’clock A.M. in the County Commissioners in the Courthouse at Tavares, with the following present: Chairman Dykes, Commrs. Cowart, Theus, Babb and Livingston; Attorney Duncan, Clerk Owens, Engineer Hays, and Zoning Director Webb.
The meeting was called to order by the Chairman.
The invocation was given by Mr. Theus.
pauper list:
Motion by Commr. Theus, seconded by Commr. Livingston, and carried, that the following changes be made to the present indigent list:
DISTRICT NO. 1 - No change.
NO. 2 - DELETE – Judie Leona Brown, General Delivery, Groveland $25.00
NO. 3 - No change.
NO. 4 - ADD – Mrs. Zeanie Butler, c/o Mrs. Paul McDonald, P.O. Box 225, Sorrento - $30.00
NO. 5 - No change.
Commr. Babb presented the following checks in payment for over burden:
From Oliver E. Cathey - $32.00 From Bradford E. Brown - $32.00
NOTARY BOND of Mildred Blackmer with American Fire & Casualty Company was approved by the Board.
commodity program
Mrs. Myrtle Sudderth, Welfare Worker, gave a report of the work being done by her office in regard to the commodity program. She said they have processed over 200 applications. The applicants are sent to the Florida Employment Office and if no job is available for the applicant, he then becomes eligible to receive commodities. Mrs. Sudderth said there have been no grocery orders given since the first of February.
On a motion of Commr. Babb, seconded by Commr. Cowart, and carried, the application of Wm. Grover Lynch to the T. B. Hospital was approved.
The Clerk stated we have notice from the T. B. Hospital that Coy Leon Strickland had left the hospital on February 24th against medical advice. Clerk Owens was authorized to check with Dr. Hall regarding this man’s condition as to whether or not he should be arrested and sent back to the hospital.
sr 500 – bill of h. b. harrell, jr.
Attorney Duncan presented bill from H. B. Harrell, Jr. in the amount of $660.00 for acquiring deed on Section 11010-2501, SR 500, Tavares to Leesburg. Motion by Commr. Babb, seconded by Commr. Theus, and carried that the bill from H. B. Harrell, Jr. for $660.00 be paid by Districts No. 3 and No. 5.
Letter from Public Relations Department, City of Orlando, was read by the Clerk inviting the Chairman to attend a dinner meeting on April 3rd at 7 P.M. at the San Juan Hotel. Motion by Commr. Babb, seconded by Commr. Livingston, and carried, that the Chairman be authorized to attend this meeting and the Clerk was instructed to notify them that the Chairman will be present. The Clerk was also instructed to send copy of this letter to the Industrial and Tourism Commission.
Mr. Livingston announced it has been brought to his attention that several companies and individuals outside the county who repair and paint houses are taking advantage of the colored people and illiterate whites in agreeing to do work for a certain figure and the victims later find out they have signed mortgages encumbering their property for several times more than the cost of the work. The Board asked the cooperation of the press in bringing this problem to the attention of the public.
edwards villa subdivision
Mr. E. T. Hall of Orange State Engineers presented plat of Edwards Villa Subdivision, owner A. T. Edwards and wife. Letter from Clayton J. Weir enclosing title opinion, also, letter from Lake County Health Department in which they state they have no objection to the acceptance of the plat. Letters filed. This request is in order to get this property back into acreage under one description. Attorney Duncan stated the title is acceptable and there are no mortgages against the property. The property adjoins SR 565 on the East. Motion by Commr. Cowart, seconded by Commr. Babb, and carried, that the plat of Edwards Villa be approved.
hillcrest memorial gardens, second addition
Mr. E. T. Hall presented plat of Hillcrest Memorial Garden, owner Cecil C. Theus. There was no title policy attached to the plat, however, Mr. Theus said he has title policy on 100 acres in which this property is included and he will get title opinion brought up to date and present to the Board. Whereupon, motion was made by Commr. Cowart, seconded by Commr. Livingston, and carried that the plat of Hillcrest Memorial Garden be approved when the title policy is brought up to date. Mr. Theus did not vote.
law school forum for juvenile judge
Clerk Owens read a letter from the Governor regarding law school forum for Juvenile Judges and counselors to be held at the University of Miami on April 3, 4, and 5, 1963. The Clerk was instructed to give the Juvenile Judge a copy of this letter.
discussion regarding health department requirements on sewer disposal and water systems
Chairman Dykes announced he would like to call a meeting for Friday, March 15th, at 9 A.M. to arrive at a workable program. Clerk Owens was instructed to contact interested parties and advise them of this meeting. The meeting is to be held in the auditorium at the Agriculture Center.
gilbert property
Clerk Owens stated we were in error in assuming that this property had previously been advertised. The property and building has been appraised at $7,500.00. John Murray would like to have the property advertised for sale. Motion by Commr. Babb, seconded by Commr. Theus, and carried that the Clerk be authorized to advertise this property for sale.
certificates of indebtedness
Motion by Commr. Babb, seconded by Commr. Livingston, and carried that the Clerk be authorized to pay the interest in the amount of $16,675.00 on bond indebtedness.
witness fees
Clerk Owens advised we have a criminal case – STATE OF FLORIDA vs CHARLES HIXON – where the defendant has been adjudged insolvent and we have a Court order authorizing out of state witnesses be summoned and paid. The money already advanced for this purpose is not sufficient and it is estimated that we will need approximately $3,000 to cover this cost; Whereupon, on motion of Commr. Babb, seconded by Commr. Cowart, and carried, the Clerk was authorized to draw check on the Fine and Forfeiture Fund for $3,000.00 to cover witness fees in the case – STATE vs HIXON.
Clerk Owens also advised that we have another case – STATE OF FLORIDA vs CHATMAN and SHULER – where the Supreme Court has appointed retired Circuit Judge L. L. Parks of Tampa to review the testimony and render a decision as to new trial. In the petition filed, request was made that the fees be paid by the State, but the Court order read the County should pay the cost. I am going to discuss this with Judge Hall as I think the order should be amended and the State pay the fees.
auxiliary health center – clermont
Motion by Commr. Theus, seconded by Commr. Babb, and carried that the following resolution be adopted:
BE IT RESOLVED by the Board of County Commissioners that, from and after March 11, 1963, FRANK E. OWENS, whose signature appears below is hereby authorized and directed to transact and carry on any and all business and to sign applications, letters, or other documents as CLERK of the said Board of County Commissioners in connection with the securing of a Federal grant-in-aid through the Florida Development Commission for use in the construction of the proposed new Auxiliary Health Center, Clermont, Florida.
county property
Chairman Dykes said he would like to have the legal description of all real property owned by the County. Attorney Duncan stated this information should come from the Tax Assessor. Motion by Commr. Babb, seconded by Commr. Cowart, and carried, that the clerk be authorized to request legal description of all County owned property form the Tax Assessor.
MEETING ADJOURNED for lunch until 1:30 P.M.
Meeting reconvened at 1:30 P.M.
acceptance of streeets in subdivisions
Attorney Duncan stated we previously discussed adopting a resolution regarding condemnation proceedings on streets in subdivisions and would like to have the resolution adopted at this time; whereupon, motion was made by Commr. Babb, seconded by Commr. Livingston, and carried that the following resolution be adopted:
Whereas, it has been made to appear to the Board of County Commissioners of Lake County, that the acceptance for filing of plats covering subdivisions in Lake County, and especially the acceptance of streets and other public highways, and places, as delineated in said plats, has been questioned as to the proper procedure and wording of the acceptance of streets, and other public highways and places, and
Whereas, it has been the intention of the Board of County Commissioners over the years past, in approving a plat and accepting the same for filing, and recording in the public records of Lake County, Florida, that streets, avenues, alleys, boulevards, public ways, parks, canals and water highways be accepted for the benefit of the respective purchasers of lots in said subdivisions, and for the public, and
Whereas, it is the desire of the Board of County Commissioners to clear the record of any technicalities as to the acceptance of streets, avenues, boulevards, alleys, public ways, parks, canals and water highways within said subdivisions, to insure the use thereof by the property owners therein, and the public generally;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that as a cumulative assurance of the right of the owners of property within subdivisions in Lake County, Florida, and the public generally, that all dedications of streets, avenues, boulevards, alleys, public ways, parks, canals and water highways, delineated and set forth in any of the plats heretofore accepted and approved by the Board of County Commissioners, and ordered filed, be and the same are hereby accepted as public highways, parks and places as particularly shown on such plats for the benefit of the property owners in said subdivision, and the public generally, except in such instances where the public highways as so delineated, or certain portions thereof, have been closed, vacated and released in accordance with law.
PROVIDED, HOWEVER, that this Resolution shall not apply to subdivisions located within municipalities;
AND FURTHER PROVIDED that the acceptance of said dedications of public highways, parks and places as above described, shall not be considered as an acceptance thereof for construction or maintenance of roads, of pavements, or hard surfaces on or within highways shown on such subdivisions, except as hereinbefore or hereafter accepted by Resolution of the Board of County Commissioners.
street signs in subdivisions
Discussion but no action taken regarding installation of street signs in subdivisions outside of city limits.
revisions in zoning
Bob Webb, Zoning Director, appeared and presented application of L. R. Busk for rezoning; whereupon, on motion of Commr. Babb, seconded by Commr. Theus, and carried, the following resolution was adopted:
WHEREAS, the Lake County Planning and zoning commission did, on the 31st day of January, 1963, after due Notice of Hearing, review applications for changes and revisions of the zoning of certain areas in Lake County, and did approve certain changes as requested in the particular applications hereinafter set forth, subject to approval of the Board of County Commissioners of Lake County; and the Board of County Commissioners, having reviewed said applications and the recommendations of Lake County Planning and Zoning Commission;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the Zoning Rules and Regulations of Lake County be altered and amended as they pertain to the following tracts of land, to the Classification designated after each description:
1. Begin 1715.60 feet North and 2.45 feet East of the Southwest corner of Sections 13, Township 19 South, Range 25 East, said point being at the East boundary of Coronado Road and North boundary of Willow Avenue, according to the Plat of Bassville Park, thence run East 395 feet; thence North 445 feet, thence West 125 feet, thence South 75 feet, thence West 270 feet, thence South 370 feet to Point of Beginning, now zones and classified as R-1 (Residential), be, and the same is hereby granted for the sale of lots for mobile homes, subject to specified restrictions and requirements as follows:
A. All trailers shall be at least 28 feet or larger, factory built and must be modern.
B. Trailers may have two (2) cabanas only, other buildings must be kept in reasonable condition.
C. Only one (1) trailer may be placed on each lot in accordance with zoning regulations of Lake County regarding set-back and side line restrictions.
D. All septic tanks must be constructed and installed according to County regulations and in accordance to wells on the property.
E. All wells are to be placed to the front ten feet of trailer lots.
F. No property owner may have livestock, fowl, or domestic animals that are a nuisance to neighbors.
G. No property owner may leave his property in unsightly condition or leave his trailer unattended for more than one (1) year.
county planner
Mr. Webb stated the Planner, Mr. Hampton, would like to subscribe to the planning advisory service of the American Society of Planning Officials. The cost is $100.00 annually. Motion by Commr. Theus, seconded by Commr. Babb, and carried, that Mr. Hampton be authorized to subscribe to the American Society of Planning Officials.
courthouse remodeling
Mr. Duncan was instructed to write Howell Hopson, Architect, for specific time when the Board can expect to start the remodeling of the Courthouse.
Motion by Commr. Theus, seconded by Commr. Livingston, and carried that the following warrants be cancelled:
ROAD & BRIDGE #1501 - LaRoe’s Shop - $29.53 – Duplicate payment
GENERAL REVENUE #539 – Fla. Express Fruit Shippers Assn. - $10.30 – Returned by payee
FINE & FORFEITURE #254 - Children’s Home Society - $156.38 – Overpayment
water levels – lake eustis
Clerk Owens advised that Mr. Eugene Burrell, Chairman of the Water Authority, had called and reported that the current water level in Lake Eustis is 62.7 and that the Water Authority has set 63. as the maximum level. They hope to maintain this level.
inventory
Clerk Owens advised that the County inventory needs to be brought up to date and he needs additional help in the office to do this work. Thinks it will take someone about a month to get this caught up. Motion by Cowart, seconded by Babb, and carried, that the Clerk be authorized to hire someone for one month to get the inventory records in shape.
hillcrest memorial gardens, second addition
Later in the day Inland Abstract and Title Company filed continuing certificate of Title Insurance Policy No. 963-944, dated August 10, 1955, showing no change in the title of the Plat of Hillcrest Memorial Gardens, Second Addition.
game & fresh water fish commission
Mr. Tom Garrison of the Game & Fresh Water Fish Commission appeared before the Board regarding boat ramp at John’s Lake. Mr. Garrison stated he has looked over the locations available to install this ramp and explained on the map the site the Game Commission thinks is the best location. Motion by Commr. Cowart, seconded by Commr. Livingston, and carried that the Chairman and Clerk be authorized to execute the easement requested by the Game and Fresh Water Fish Commission for installation of boat ramp and parking area at John’s Lake within the subdivision of southwest corner of John’s Lake.
Motion by Commr. Livingston, seconded by Commr. Theus, and carried that the following vouchers be paid:
GENERAL FUND Nos. 773 – 961 inclusive
ROAD & BRIDGE FUND 532 – 659 “
FINE & FORFEITURE FUND 68 – 86 “
STATE 2 – MOSQUITO CONTROL 44 – 49 “
SOUTH LAKE MEMORIAL HOSPITAL 5 – 6 “
following letters filed with the board
Letter from SRD denying request to repair approach to road leading off of SR 25.
Copy of Resolution adopted by the Oklawaha Basin Recreation & Water Control Authority regarding County wide Zoning.
Letter from Florida World’s Fair Authority regarding exhibit at World’s Fair in NYC in 1964.
Letter from U.S. Highway 27 Assn. regarding four-laning U.S. 27.
Copy of letter from Dr. Hall to J. C. Rogers regarding Health Department regulation.
Copy of letter from County Engineer to Florida Telephone Corp. requesting courtesy card.
Copy of letter from County Engineer to Polk County requesting return of pipe and pumps.
Copy of letter to C. E. Duncan from ACL regarding railroad crossing and Mr. Duncan’s reply.
Copy of letter from Zoning Director to E. Baker Ross regarding property north of Umatilla being used for garbage disposal.
following reports filed with the board:
W. A. Milton, Jr., County Judge, Fines, Forfeitures & costs Report for February 1963.
PLANNING & ZONING DEPT. Report for February 1963
MYRTEL SUDDERTH, Welfare Worker, report for February 1963.
MEETING ADJOURNED.
There being no further business to bring before the Board, the meeting adjourned at 4:00 o’clock P.M.
___________________________________ ______________________________
CLERK CHAIRMAN