A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS

MONDAY – june 3, 1963

The Board of County Commissioners met in regular session in the County Commissioners’ Room in the Courthouse at Tavares on Monday, June 3, 1965, at ten o’clock A.M. with the following present: Chairman Dykes; Commrs. Theus, Cowart, Livingston, and Babb; Attorney Duncan; Clerk Owens, Engineer Hayes; and Zoning Director Webb. Mr. Howell Hopson, Architect, was also present.

The meeting was called to order by the Chairman.

The invocation was given by Mr. Theus.

The following Notary Public Bonds were approved by the Clerk since the first regular meeting in May:

HIGHWAY INSURANCE COMPANY:

Virginia I Bailey

William S. Walter

Genevieve P. Coggshall

Pernita Cromwell

Patricia McKay Crum

C. O. Lott

THE TRAVELERS INDEMNITY COMPANY:

John Alden Murray

AMERICAN SURETY COMPANY OF NEW YORK:

Roger W. Morse

Jean Appelgren

Robert A. Stebbins

Roy Christopher

Richard E. Brown, Jr.

license for carrying firearm

The Bond for carrying firearm of J. C. Cooper with Flora . Wingler and W. J. Wingler as sureties for carrying a pistol made by Colt of 32-20 calibre and numbered 448482 was approved by the Board.

bids for removal of existing jail equipment

The hour of ten o’clock having arrived and notice having been advertised to receive bids at this time for removal of existing jail equipment, it was moved by Commr. Livingston, seconded by Commr. Theus and carried that Mr. Howell Hopson be directed to open and tabulate the bids; WHEREUPON, the following bids were received:

J. P. HUTCHINSON – Tavares $1,600.00

KONSLER STEEL COMPANY – Clermont $4,770.00

On a motion by Commr. Theus, seconded by Commr. Babb and carried, the low bid of J. P. Hutchinson in the amount of $1,600.00 was accepted by the Board, and the Chairman was authorized to sign the contract.

Mr. Howell took the bids and said he would prepare the contract for the work.

property between sr 44 and sr 42 on road sr 439

Doug Igou again appeared before the Board regarding permanent property markers along this road. Mr. Duncan stated he has requested the State Road Department to check this, but they have taken no action except to advise that their survey is based on the survey made by Mr. Peter. On a motion by Commr. Livingston, seconded by Commr. Babb and carried, the following resolution was adopted:

WHEREAS, it has been brought to the attention of the Board of County Commissioners that there is a variance in surveys of property lines along State Road S-439, with a particular reference to the area approximately one-half mile north of State Road 44, and

WHEREAS, it appears that the State Road Department based its Survey for the right of way upon a Survey formerly made by H. P. Peter, and the variation has arisen through a more recent Survey by Land Surveyor, Truman Moorhead; and the two Surveys have caused misunderstandings as to property lines;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that it request H. O. Peter, Registered Land Surveyor, and Truman Moorhead, Registered Land Surveyor and County Surveyor, in company with Gordon Hays, the County Engineer, to review the Surveys made by them for the purpose of properly establishing the true lines as heretofore accepted by the respective property owners and to remove the respective doubts as to property lines in an effort to prevent further confusion thereof.

permanent property markers

Mr. Duncan reported on resurveying the County to establish permanent property markers that this will be a tremendous expense to the County and suggest we wait to see if a special act is passed in this session of the legislature whereby the counties will receive monetary assistance from the state for this survey.

springs bath and yacht club

Mr. Martin Granholm appeared before the Board regarding a road in this subdivision being maintained by the County. Commr. Cowart is to meet with Mr. Granholm this afternoon and go over this with him.

mosquito control building

The County Engineer presented his recommendation on acceptance of the bid for erection of the Mosquito Control Building; WHEREUPON, on a motion by Commr. Theus, seconded by Commr. Babb and carried, the bid of Orlando Building Service, Inc., in the amount of $20,889.00, plus $300 extra, was accepted by the Board.

petition to rezone certain property in tavares

Mr. E. I. Burleigh of Tavares presented a petition to rezone the following described property from R-1-A residential to C-1 commercial:

All of that area situated in the City of Tavares, according to Supplemental Map of a portion of Tavares, Sheet No. 10, revised, approved by the General Land Office, Washington, D.C.

Bounded on the East by the East line of Texas Avenue, on the North by the Southerly right of way lien of the Seaboard Air Line Railroad and on the West and the South by Lake Dora, excepting therefrom Block 128 which is now zoned as M-1.

On a motion by Commr. Theus, seconded by Commr. Babb and carried, the Chairman was authorized to sign the petition for rezoning.

typical section job 11640-1606 – griffin road, sr s-468 east to s-44A

On the recommendation of the Attorney and on a motion by Commr. Theus, seconded by Commr. Livingston, the Clerk was authorized to execute the Typical Section and return same to the State Road Department.

typical section jobs 11508-8601 and 11507-8601

SR 50 to North; Old SR 50 Minneola to SR S-455

On presentation of this typical section by the Attorney, the Chairman vacated the chair in favor of the Vice Chairman and moved that the Typical Section be accepted. There being no second to the motion, the Clerk was instructed to return the Typical Section to the State Road Department unexecuted.

plantation heights subdivision

Mr. Bill Fair of Empire Land Company presented a plat of Plantation Heights Subdivision. Mr. Duncan said there is an access road, and all streets are fifty feet in width. Lawyers Title Policy #06 177818 dated January 30, 1963 shows there are no mortgages. Mr. Fair was instructed to get the approval of the Zoning Director and also to secure a letter from the Lake County Health Department regarding percolation tests.

legislative bills

On a motion by Commr. Livingston, seconded by Commr. Babb and carried, the Attorney was authorized to return to Tallahassee to look after Lake County bills.

saltsdale area road

On the recommendation of the Attorney, it was agreed by the Board that the Clerk should return to Mrs. Marion Gratz Farnum the right of way deed and request that she make a new deed for a fifty foot right of way inasmuch as the owner of the adjoining property is not willing to give any right of way. Commr. Babb presented a deed from Mr. Murphey for thirty feet of right of way, but he will get Mr. Murphey to correct the deed to fifty feet also. The Clerk was instructed to return Mrs. Farnum’s deed with this information and request her to attend the meeting on June 10^th.

right of way deed

On the recommendation of the County Attorney and on motion of Commr. Livingston, seconded by Commr. Babb and carried, a deed was accepted conveying the following described property (prescriptive road) to Lake County and ordered same recorded upon the public records:

GRANTOR: LAKE COUNTY BOARD OF PUBLIC INSTRUCTION

The West 33 feet of the South 991.08 feet of the Southwest Quarter of the Northwest Quarter (SW ¼ of NW ¼) of Section 14, Township 19 South, Range 26 East.

4-h boys shortcourse

A request was submitted from Glenn Loveless, Asst. Agricultural Agent, for twelve 4-H Club boys to be allowed to attend the annual shortcourse at the University of Florida at a cost of $18 each boy. Motion by Commr. Babb, seconded by Commr. Cowart and approved that the 12 boys be allowed to attend the shortcourse, provided the money is in the budget.

industrial & tourism commission

Clerk Owens submitted a letter from Beverly Grizzard together with his check in the amount of $100 for membership in the Industrial and Tourism Commission. Mr. Grizzard’s letter stated it is necessary for him to resign as a member of the Board of the Industrial and Tourism Commission. The Clerk was instructed to forward the check to the Industrial and Tourism Commission.

recess and reassembly

The Board recessed for lunch at 12:00 noon and reassembled at 1:30 p.m. to take up the remaining items of business.

lake county child welfare

Mr. Floyd Holt and Miss Geraldine Feld appeared before the Board and requested additional funds of $4,100.00 to cover expenses for the current fiscal year. On motion by Commr. Babb, seconded by Commr. Livingston and carried, the Clerk was authorized to transfer $4,100.00 from Contingency Item in the Fine and Forfeiture Fund to Item 311-11, Board and Care Dependent Children.

industrial & tourism commission

Commr. Cowart announced he has appointed Mr. Cleveland M. Kuharske as a member of the Board of Directors of the Industrial and Tourism Commission to replace Mr. Garcia.

complaints

A petition from residents of the Sheridan Road – Lucerne Drive area requesting this area be cleared of rubbish and leaves was filed. Commr. Livingston said he would look into this.

complaint

Two letters from residents of the Lake Mack area requesting assistance in clearing the beaches of litter and also to police the area of undesirables. Clerk Owens was instructed to write the Sheriff regarding this matter and to request necessary action to eliminate the existing conditions.

lake memorial nursing home

A letter from Harry E. Gaylord, Attorney, advising that should some of the patients in the Nursing Home need to move so as to make room for indigents, the Home for Senior Citizens, Inc. at Mount Dora is available. The Clerk was instructed to send a copy of this letter to Mrs. Myrtle Sudderth, Lake County Welfare Worker.

A letter from St. Paul Insurance Companies was submitted regarding recommended suggestions for improving conditions at the Nursing Home. The Engineer was instructed to inspect the Nursing Home with the insurance company’s suggestions in mind.

deputy sheriff bonds

The following Deputy Sheriff Bonds were approved by the Board:

William Thomas Bland, Jr. Mount Dora

Alice Clark Williams Umatilla

John William Stewart Paisley

Walter K. Notz Howey

William Murry Lowe Tavares

J. N. Clark Yalaha

James A. Livingston Eustis

Robert Douglas Yates Mount Dora

Fannie Mae Lanier Tavares

Essie Crispe Tavares

Perry V. Smith Leesburg

Zula Messer Tavares

Frances Turner Shipes Mount Dora

Donald Glen Scism Eustis

Carl Elbert Jones Leesburg

sr 19 through eustis

A delegation from the City of Eustis was present with Thomas R. Champion, Attorney, appearing as spokesman for the group, objecting to the proposed location of SR 19 through the City of Eustis. Signed petitions were filed, together with pictures of Grove Street, and several of the group appeared before the Board stating their objections.

Mr. Paul Brown, Vice Mayor of the City, appeared and stated that the City Commission was unanimously in favor of the proposed route of the State Road Department.

After a lengthy discussion, the Clerk was instructed to write Mr. Max Brewer advising him of this delegation’s objections and also that the City Commission is in favor of the plan set out by the State Road Department.

cheavy chase road – mount plymouth

A letter from Edward A. Martens of Sorrento was submitted regarding a “Caution Children Playing” sign on this road. Commr. Livingston stated he would look into this matter.

Speed limit – e. crooked lake drive

On a motion by Commr. Livingston, seconded by Commr. Babb and carried, the following resolution was adopted:

WHEREAS, it has been brought to the attention of the Board of County Commissioners that the County road located on the Easterly side of East Crooked Lake between Eustis and Mount Dora because of its many curves is extremely dangerous to motorists driving at high speed and to pedestrians along said road, and that a speed limit for safe travel should be established;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that in accordance with the provisions of Law pertaining to County Roads, a Maximum Speed of 30 miles per hour is determined and set for the County road located on the Easterly side of East Crooked Lake between Eustis and Mount Dora.

BE IT FURTHER RESOLVED that appropriate signs showing the said speed limit above set forth be erected along said road.

ANYONE violating the provisions of this Resolution shall be guilty of a misdemeanor and shall be prosecuted under the Laws pertaining to misdemeanors.

rezoning application

On the recommendation of the Zoning Director, the application for rezoning from L. W. Huey was approved. On a motion by Commr. Theus, seconded by Commr. Babb and carried, the following resolution was adopted:

WHEREAS, the Lake County Planning and Zoning Commission did on the 29^th day of May, 1963 after due Notice of the Hearing, review an application for change and revision of the zoning of a certain area in Lake County and did approve the certain change as requested in the particular application hereinafter set forth, subject to the approval of the Board of County Commissioners of Lake County; and the Board of County Commissioners at their Regular Meeting held on the 3^rd day of June, 1963 having reviewed said application and the recommendations of the 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 tract of land, to the Classification designated after the description, following the description:

1. Lots 6 and 7, of Silver Lake Estates Addition A, as shown on the plat thereof recorded in Plat Book 5, Page 41, public records of Lake County, Florida, now zoned as R-1A (Residential), be, and the same is hereby changed and reclassified and rezoned as C-3 (Commercial), subject to any zoning rules and regulations established by the Leesburg Airport Authority.

Zoning director

The Zoning Director presented a breakdown of the cost of various permits for building a $16,000 home showing the comparison of the County permits against the cost of the permits for the towns and cities. The Board concurred in the Zoning Director’s suggestion that the County permit costs should be increased.

county engineer equipment

On the recommendation of the County Engineer and on a motion by Commr. Babb, seconded by Commr. Cowart and carried, purchase of a Rolatape Measuring Wheel, Model 600, for $69.50 with car hitch for $17.75, total price $87.25, was approved.

On the recommendation of the County Engineer and on a motion by Commr. Cowart, seconded by Commr. Livingston and carried, purchase of an Easy Striper Line Marker for $79.95 was approved.

road closings

A petition to close part of a public road in Lake Crescent View Development having been presented to the Board on May 6, 1963 by Mr. Irving Morse for Carl F. Myers and wife Frances R. Myers, the Clerk submitted a letter from Mr. Morse advising that he no longer represents Mr. and Mrs. Myers; however, proof of publication was filed with Mr. Morse’s letter. Mr. Arthur Roberts appeared and said he represents Mr. and Mrs. Myers.

A letter from O. J. Priebe objecting to the closing of this road was filed; WHEREUPON, on a motion Commr. Babb, seconded by Commr. Cowart, the closing of the road was continued until the Board receives a letter from Mr. Priebe stating that he is withdrawing his objection.

A petition to close platted streets or roads in the Villa City Subdivision having been presented to the Board on May 6, 1963 by Mr. Irving Morse for Della B. Evans and proof of publication being filed, Colonel Philip P. Haug appeared and objected to the closing of Mulberry Street; also, a letter from Mr. Clayton Weir representing A. T. Edwards objecting to the closing of Mulberry Street in this petition and calling attention to an error in the location of the streets in the publication. On a motion by Commr. Livingston, seconded by Commr. Cowart and carried, the petition was denied and the Clerk was instructed to notify Mr. Morse it will be necessary for him to file a new petition and re-advertise.

A petition to close and abandon a public road or street in Snarr’s Subdivision having been presented to the Board on May 8, 1963 and Mr. Irving Morse and J. H. Brimmer and wife Cora B. Brimmer and Opal B. Jensen, proof of publication was filed with the Board; however, the petition could not be considered because the date of hearing in the notice read “June 4, 1963” instead of “June 3, 1963.” The Clerk was instructed to notify Mr. Morse it will be necessary for him to re-advertise.

A petition for closing, vacating or abandoning a portion of a public road in Druid Hills Subdivision within the city limits of Tavares and Oak Haven Subdivision in Lake County, having been presented to the Board on May 6, 1963 by Harry P. Johnson for Joseph Condermann and Wilma M. Condermann, his wife, and Harry W. Fogg and Mildred F. Fogg, proof of publication was filed with the Board. Mrs. Joe Cassady and Mr. Louis Emmons appeared objecting to the closing of this road; WHEREUPON, the petition was tabled until July 1, 1963. Written objection signed by residents of the area was filed with the Board.

A petition to close platted streets in Sylvan Shores Point with proof of publication of notice and form of resolution were presented by C. E. Duncan, Attorney, said petition being as follows:

TO: The Honorable Board of County Commissioners of Lake County, Florida

THE UNDERSIGNED, being the owners of property adjoining, abutting and affected by the portions of unnamed streets, alleys or parkways hereinafter described, hereby respectfully request and petition that the Board of County Commissioners of Lake County, Florida, renounce, quitclaim, and disclaim any right of the County of Lake and of the public in and to the following described unnamed streets, alleys, or parkways:

The unnamed street, alleys or parkways as shown on the Plat of “A Map of Sylvan Shores Point,” in Section 25, Township 19 South, Range 26 East, recorded in the public records of Lake County, Florida, in Plat Book 12, page 41, which borders and abuts the Northeasterly boundary and the Southeasterly boundary of Lot 1, according to the said Plat of Sylvan Shores Point, excluding any portion of Sylvan Point Drive lying North of the Northwesterly line of said Lot 1, said property being in Lake County, Florida.

And in support of said Petition, respectfully show:

1. That said unnamed streets, alleys, or parkways are not included within any incorporated municipality of Lake County, Florida.

2. That said streets, alleys, or parkways are not a part of any County, state, or federal highway.

3. That said unnamed streets, alleys, or parkways have never been opened for public use and are unimproved and are impassable.

4. That the closing of said unnamed streets, alleys, or parkways above described will not interfere with any road system and will not deprive any person or persons owning property near or adjacent to said unnamed streets, alleys, or parkways of reasonable means of ingress and egress to any existing public highway.

5. That petitioners have published a Notice of Intention to apply for the closing of said unnamed streets, alleys, or parkways in the “Mount Dora Topic,” as required by law for the closing of streets, avenues, alleys, or parkways, and present with this Petition proof of publication of said Notice.

RESPECTFULLY SUBMITTED this 3^rd day of June, A. D. 1963.

/s/ Robert Travers

/s/ Martha Travers

WHEREUPON, on a motion by Commr. Livingston, seconded by Commr. Babb and carried, the following resolution was adopted:

WHEREAS, the owner of the land abutting the following described unnamed streets, alleys, or parkways has presented to the Board of County Commissioners of Lake County, Florida, a Petition to Close and Vacate such unnamed streets, alleys, or parkways, according to the Plat bearing the name “A Map of Sylvan Shores Point,” in Section 25, Township 19 South, Range 26 East, filed in the public records of Lake County, Florida, that said unnamed streets, alleys, or parkways are described in said Petition as follows:

AND it appearing that said Petition is in proper order and form, and

WHEREAS, the said Board of County Commissioners has on this 3^rd day of June, A. D. 1963, at its regular meeting at 10 o’clock in the forenoon, at its Office in the Courthouse at Tavares, Lake County, Florida considered the advisability of renouncing and disclaiming any right of Lake County and the Public in and to the above-described unnamed streets, alleys, or parkways and the advisability of vacating, abandoning, discontinuing, and closing the same; and a Notice of said Meeting was published according to Law in the Mount Dora Topic, a newspaper of general circulation published in Mount Dora, Lake County, Florida, by the Mount Dora Publishing Company, proper proof of the publication of which has been submitted and filed with the Board of County Commissioners, and

WHEREAS, the Board has considered said application and no objections having been made to the closing of said unnamed streets, alleys, or parkways; and it appearing to the Board that the continued dedication of said unnamed streets, alleys or parkways can serve no useful service to the Public; that they are not a part of any federal, state, or County highway system and will not deprive any adjoining property owner of any access to their properties;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the unnamed streets, alleys, or parkways, hereinbefore more particularly described be henceforth closed, abandoned, discontinued and vacated and that the Board of County Commissioners, acting for Lake County and the Public, does hereby renounce and disclaim any right, title, or interest in and to said unnamed streets, alleys, or parkways; and that the title to said unnamed streets, alleys, or parkways be vested in the adjoining property owners as their names appear in said Petition and Notice of Hearing in accordance with Law.

old sr 500 (highland avenue, mount dora)

Commr. Livingston presented a copy of a resolution adopted by the City of Mount Dora with reference to widening Highland Avenue, Old SR 500, from the Orange County line to Fifth Avenue in the City of Mount Dora. Mr. Duncan was instructed to contact the State Road Board member regarding this.

county owned clay pit in orange county

The Clerk advised that Mr. Patterson had called regarding removal of overburden in the clay pit in Orange County. The Engineer was instructed to check into this.

petition for admittance to TB hospital

On a motion by Commr. Theus, seconded by Commr. Babb and carried, the action of the Clerk and Chairman in approving the application of Charles Anson (Jack) Brown for admittance to the T. B. Hospital was approved.

t. b. hospital patient

A letter from Myrtle Sudderth was submitted together with a check in the amount of $153.75 from the Southwest Florida T. B. Hospital in payment of treatment for Mrs. Nannie M. Coble. On a motion by Commr. Babb, seconded by Commr. Cowart and carried, the check was accepted, and the Clerk was instructed to deposit same to the General Fund.

air conditioner – tax collector’s office

The Clerk submitted four (4) bids to the Tax Collector for an air conditioner for his office, stating that at a previous meeting Mr. Reed was authorized to select the best bid for his needs, and he has selected the bid of Butler Electric Company in the amount of $779.35.

reimbursement – district 1

Mr. Theus presented his personal check in the amount of $9.00 reimbursement for one ton of cutback. The Clerk was instructed to deposit the check to the Road and Bridge Fund.

payroll for may 1963

On a motion by Commr. Livingston, seconded by Commr. Babb and carried, the payrolls for the month of May 1963 were approved.

following letters filed with the board:

A memorandum from the Florida State Board of Health re Regulations on Individual Sewage Disposal

A copy of a letter from the Florida State Board of Health to Orange State Engineers, Inc. re Rest Haven Trailer Park

A copy of a letter from the Florida State Board of Health to Kenneth G. Ross, Engineer, re Sowinsky Motel and Residence

A copy of a letter from the Florida State Board of Health to H. O. Peters, Engineer, re the City of Leesburg

A letter from ACL RR to C. E. Duncan re crossing at Mile Post T-814 between Clermont and Groveland

A copy of a letter from Eugene Burrell, Chairman Oklawaha Authority, to Herman Dykes

A letter from Harry H. Mielke re stabilizing roads in Golden Heights Subdivision

Speed zone study on SR 19 and SR 19-A from the State Road Department

A letter from the State Road Department correcting date on 1963-64 budget hearing

A copy of a letter from the State Road Department to C. E. Duncan re speed zone study of SR S-468

Two letters from the State Road Department re County designating $75,000 for SR 19 through Umatilla

A letter from the Boy Scout Council expressing appreciation for work done by work crew at Camp La No Che

A letter from the Town of Umatilla expressing appreciation for the Board’s efforts re rebuilding and widening of SR 19 through Umatilla

A letter from Mrs. Ruby V. Kubs and Mr. Owens’ reply re drainage through her property

Certificate of Appreciation from the Lake County Tuberculosis & Health Association

A copy of a letter from the State Road Department to Inland Abstract re title search Job 11200-2502 – SR 19 and 25

A copy of a letter from the County Engineer to Engineers & Surveyors re percolation tests

following reports filed with the board:

Florida Division of Correction – Lake County Stockade, Jail & Road Prison 5758 Warehouse

Commodity/Supervisor for May 1963

County Agent and two Assistants for May 1963; also, Special Report for May

Home Demonstration Agent and two Assistants for May

Service Officer for May 1963 and Annual Report

Fine & Forfeiture & Costs by County Judge W. A. Milton, Jr.

MEETING ADJOURNED.

___________________________________ ______________________________

CLERK CHAIRMAN