MINUTES OF regular MEETING OF THE BOARD OF COUNTY commissioners
monday – JUNE 8, 1959
The Board of County Commissioners met in regular session in the County Commissioners’ room in the Courthouse at Tavares on Monday, June 8, at 10:00 o’clock with the following present: Chairman Simpson; Commissioners Theus, Cowart, Bishop, and Cross; Attorney Duncan; and Clerk Owens.
The Board was called to order by Chairman Simpson.
Motion by Commr. Theus seconded by Commr. Cowart and carried:
D-1 - That Cora Miller, general delivery, Leesburg be reduced from $30.00 to $20 per month
D-2 - That no changes be made
D-3 - That no changes be made
D-4 - That no changes be made
D-5 - That no changes be made
Motion by Commr. Theus seconded by Commr. Bishop and carried, that the Board approve the Bond of James T. Glenn, for carrying firearms, with Harry Dantz and Fred Duncan as sureties, to carry pistol made by Smith and Wesson of 38 caliber and numbered C134553.
Mr. H. Lightfoot appeared before the Board re: an accident he had last January while driving a truck belonging to the County, causing him to be hospitalized for ten days. Said he has been trying to get a settlement from the Railroad Company (ACL) as their Diesel Engine backed into him. It was at night and the engine had no lights and no flagman at the crossing. The Attorney for the Railroad Company has advised they will settle for $500.00 or he would have to go to Court. Commr. Cross estimated it would cost around $300.00 to fix the truck. Mr. Lightfoot said Workmen’s Compensation paid $80.00 on hospital bill. Mr. Lightfoot said his son is Superintendent of the Railroad and he estimated the cost for fixing the truck, loss of time and hospital bills at $775.00, but he talked to the Authorities in Wilmington and they said their limit would be $500.00. Mr. Lightfoot was advised by the Chairman to get all bills together and give them to Mr. Duncan to give to Attorney Stebbins. Mr. Lightfoot said it would be satisfactory to him if they reimbursed him for expenses and the County would agree to accept $200.00 for damage to the truck.
Mrs. Mary Conner again came before the Board re: the ditch on Lake Saunders. Mr. Bishop asked Mr. Goodson to give a report on this. Mr. Goodson said he called Holloway and he said he could go to see Mr. Duncan. Mr. Duncan said he did not come to see him. Mr. Goodson was instructed to call Mr. Holloway again.
Joe Smith and Chas. Chellman of the Forestry Department appeared before the Board and presented Budget plans for next year. Clerk Owens advised them the Board adopted their budget at the last meeting. Mr. Smith thanked the Board for this.
Motion by Commr. Bishop seconded by Commr. Theus and carried, that C. E. Duncan, Attorney for the Board, be authorized to take the necessary steps immediately for issuing two million dollars’ worth of certificates against the surplus secondary gas tax.
PETITION FOR AMENDMENT OF RESOLUTION as follows was filed with the Board.
TO: THE HONORABLE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA.
The undersigned attorney respectfully requests your Honorable body to amend the Resolution on which closed, vacated and abandoned the following public street and legally described as:
That part of Eighth Street that is bounded on the South by Sorrento Avenue and bounded on the North by Prairie Avenue and lying in between Blocks 7 and 8; and Blocks 9 and 10, Craig’s addition to Sorrento, as recorded in map of record in Map Book 1, page 59, Public Records of Lake County, Florida;
Said Resolution was duly adopted by this Honorable Board on the 1st day of December A.D. 1958, after proper notice was published and after an open hearing, both as required by the Laws of the State of Florida.
It now appearing that the road as closed, vacated and abandoned by this Honorable Board has been the subject of ambiguity and now appears to need clarification. Said clarification concerning the question of whether or not said Resolution closed the intersection of Eighth Street and Craig Avenue.
WHEREFORE, the undersigned prays that this Honorable body pass an amended Resolution clarifying the Resolution as set forth in the minutes of this body dated December 1, 1958 and the undersigned further prays that the amended Resolution legal description read as follows:
That part of Eighth Street that is bounded on the South by Sorrento Avenue and bounded on the North by Prairie Avenue, and lying in between Blocks 7 and 8; and Blocks 9 and 10, Craig’s addition to Sorrento, as recorded in map of record in Map Book 1, page 59, Public Records of Lake County, Florida;
Including the intersection of Eighth Street and Craig Avenue and that certain portion of Craig Avenue lying between Lot 9 of Block 7 and Lot 9 of Block 10, and that portion of Craig Avenue lying between Lot 15, Block 8, and Lot 1 of Block 9, all in Craig’s addition to Sorrento, as recorded in Map Book 1, Page 59, Public Records of Lake County, Florida.
It being the opinion of the undersigned that the amended description, as read, would clear away any and all uncertainty as to whether or not the intersection of Eighth Street and Craig Avenue was closed by the Resolution passed by this Honorable body on December 1, 1958.
Fred J. Mancinik
Attorney for Petition to original Resolution
134 W. New York Avenue, DeLand, Florida
After discussion of the closing of the street mentioned in the above Petition, motion was made by Commr. Cowart seconded by Commr. Theus and carried, that the Petition be denied.
PETITION TO CLOSE STREET was filed with the Board as follows:
The undersigned, being the owners on each side of the hereinafter described street, hereby petition the Board of County Commissioners of Lake County, Florida to vacate, abandon, discontinue and close the following described portion of said street located and situated in Lake County, Florida, to-wit:
That portion of Magnolia Street bounded on the East by Lot B and bounded on the West by Lot A of Glendale Subdivision, according to the plat thereof filed 1 February 1895 in Plat Book 1 page 46 of the Public Records of Lake County, Florida
and to renounce and disclaim any right of the County and the public in and to any land in connection therewith for the reason that said street has never been used or opened to the public.
Your petitioners further request that the Board of County Commissioners of Lake County, Florida may adopt a Resolution declaring that at a definite time and place a public hearing will be held to consider the advisability of exercising their authority to close and abandon said portion of said street.
A. Hofriehter Sr.
Alice R. Hofriehter
After discussion of the closing of the street in the above and foregoing petition motion was made by Commr. Cross seconded by Commr. Cowart and carried that the Petition be denied.
Motion by Commr. Cross seconded by Commr. Bishop and carried, that the Plat of First Addition to Pine Island Shores be approved. (Letter from Lake County Health Department and Title Opinion of W. B. Hunter, Attorney, filed with the Board September 3, 1957, when Plat of Pine Island Shores was approved.)
NOTICE HAVING BEEN ADVERTISED for Reconditioning and surfacing of .66 miles of clay road between U.S. Hwy 27 and road S-466-A, and 1600 lin. ft. of Grove Avenue in Griffin Shores, THE FOLLOWING BIDS WERE RECEIVED:
EAST LAKE COMPANY – Eustis
$.51 per square yard – Cashier’s check for $260.00
J. D. MANLY CONSTRUCTION COMPANY - Winter Park
$.66 per square yard – Cashier’s check for $350.00
Motion by Comr. Theus seconded by Commr. Cross and carried, that the bid of J. D. MANLY CONSTRUCTION COMPANY of Leesburg – he being the low bidder – at a price of $.49 per square yard be accepted.
Frank Porter appeared before the Board re a road to Lake George and thanked the Board for the work done on the road, and stated the road will be a big asset to Lake County. Mr. Porter said last week he contacted the Game & Fresh Water Fish Commission and they stated their work crew will be in Lake County Thursday week. Commr. Cross asked if the prisoners could be there then, and Mr. Owens advised he would try to have them there a day ahead of the Fish Commission. Mr. Porter thinks the dredge work will start by the 15th of the month. Mr. Theus said they want a boat ramp on Lake Griffin and Mr. Bishop wants one at the west end of Lake Dora. Mr. Porter explained to the Board a possibility of gaining federal approval for a bird sanctuary on Lake George. Motion by Commr. Cross seconded by Commr. Cowart that Frank Porter be authorized to secure the approval of the Federal Government for a bird sanctuary on Lake George.
Mr. Goodson, County Engineer, reported that signs along the Dead River Road to the old bridge read “Road Closed.” The Board thinks the signs should be moved and instructed Mr. Duncan to request the Sheriff to move the signs.
Motion by Commr. Bishop seconded by Commr. Cowart and carried, that C. E. Duncan, Attorney for the Board, be instructed to check County’s ownership of land along Dead River near the old bridge approach on the old Tavares-Leesburg road, as the County is considering a fishing dock and boat launching ramp at the location.,
Mr. Lehmann appeared before the Board and stated Montverde wants one of the old ballot boxes. Mr. Owens suggested that the Town of Montverde be granted permission to use the ballot box. Motion by Commr. Bishop seconded by Commr. Cowart and carried, that Montverde be allowed to use the ballot box permanently.
Motion by Commr. Cross seconded by Commr. Bishop and carried, that the bill of F. F. Fuqua, Paul Guenther and R. J. Hancock for appraisal on SR S-445 (Alexander Springs) be approved and referred to Mr. Duncan.
Clerk Owens filed copy of Attorney General’s opinion on House Bill 124, which was sent him by Welborn Daniel.
Letter from State Road Department Re: Job 1158-250, SR S-44-A re: lowering the existing pipe was again referred to the Board and Mr. Goodson gave a report on his trip to Tallahassee on this matter. This matter was held in abeyance until Mr. Richey Green appears before the Board this afternoon.
clerk owens read the following letters
· Town of Tavares stating “Council agreed to make the tax revaluation records of the Town of Tavares available to the County for tax purposes without charge, and request that the yearly maintenance cost of the Town be prorated between the County and Town.”
· City of Eustis stating – “It was unanimously agreed that the present tax rolls be made available to the County as requested with no cost to same and the Commission would like to negotiate with County to share in the cost of the annual maintenance of tax records.
Commr. Bishop announced that the City of Clermont voted last week to go along with the request from the County. Letter not yet received.
Letter from Town of Tavares stating they are interested and would like to be informed of any future developments for proposed sanitary sewerage district serving Mt. Dora, Tavares and the territory in between.
The bill of Dr. Andrews and Dr. Vincenti for James Jackson, Jr., was discussed again and Clerk Owens instructed to refer the bill to Mrs. Sudderth for investigation.
Motion by Commr. Cowart seconded by Commr. Bishop and carried, that Clerk Owens and Chairman Simpson be authorized to execute the depository agreements with all the Banks in the County.
job 11684-2601 SR S-450
Clerk Owens filed the following on Job 11684-2601 SR S-450:
Right of Way Contract in quadruplicate
County Commissioners’ Resolution
SRD Right of Way Resolution
Sepia and 5 prints of the map of survey and location
WHEREUPON, on motion of Commr. Cross seconded by Commr. Theus and 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 11684, State Road S-450, extending from State Road 19 in Section 23, Township 18 South, Range 26 East Southeasterly to State Road S-44-A 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 the 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 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.
ADJOURNED AT 12:00 FOR LUNCH, BACK AT 1:30 P.M.
J. C. Hunter, Veteran County Service Officer, appeared before the Board and read his Annual Report – June 1, 1958 through May 31, 1959. Copy filed.
After Mr. Hunter left, Clerk Owens advised the Commissioners that Mr. Hunter does not receive any supplement from any source toward his salary and suggested that he should have an increase in salary. WHEREUPON, on motion by Commr. Cowart seconded by Commr. Bishop and carried, the salary of J. C. Hunter, Veteran County Service Officer, was increased $300.00 annually – from $5700.00 to $6000.00.
Mr. Goodson stated that the Zoning Regulations under the R-1-A Classification paragraph 4, General Requirements, is in error, and requested permission to correct this paragraph to read as follows:
“Minimum size of principal building shall be 900 square feet except that certain areas lying within 200 feet of the boundary of Lake Shore Drive between the East line of the City of Tavares and the West line of the City of Mount Dora in which area the size of principal building shall be not less than 1700 square feet.”
Motion by Commr. Theus seconded by Commr. Bishop and carried, that the change in the Zoning Regulations under the R-1-A Classification paragraph 4, General Requirements be accepted as set out above.
Mr. Simpson stated he has a complaint last week about zoning five miles on each side of Road 441. This has not been discussed with the people who own the land and I think this should be done. Mr. Goodson stated it is not my intention to freeze out anybody in Lake County. Mr. Duncan asked if there are any objections to the Zoning Rules and Regulations. If not, you should accept the Zoning Rules and Regulations, also the map with the exception of the area 500 feet on each side of the right of way line. WHEREUPON, on motion of Commr. Theus seconded by Commr. Bishop and carried unanimously, the following Resolution was adopted:
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, that the Rules and Regulations of the Lake County Zoning Commission and the map, which is a part of said Rules and Regulations as presented to this Board by the Zoning Commission, be accepted, with the exception of a strip of land measuring 500 feet wide extended back on each side and from the right of way of State Road 500 commencing at the Orange County line and extending Northerly and Westerly around the East and North sides of Mount Dora to intersect State Road 19 at “Dream Boat Corner.”
Motion by Commr. Cowart seconded by Commr. Cross and carried, that a public hearing be held by the people in the towns of Eustis and Mount Dora and the property owners owning property on State Road 500 – part of which is not now zoned.
Mr. Duncan suggested that the Governor be advised that the Zoning Rules and Regulations have been accepted. (Discussion as to suggested names for adjustment committee.) Each Commissioner stated he would nominate a person from his district. Recommendations to be forwarded to Governor Collins for his consideration. Mr. Duncan suggested that the Commissioners select persons not opinionated since they must act in an appellate capacity.
Mr. Theus suggested that the Board decide if we are going to employ Hunnicutt and Associates to do the work of revaluation of the County.
Motion by Commr. Theus seconded by Commr. Cowart and carried, that the Firm of Hunnicutt and Associations be employed to re-evaluate the property in Lake County; and that C. E. Duncan, County Attorney, be instructed to notify them that the Board of County Commissioners has employed them to do this work in Lake County subject to the proper contract being drawn that is acceptable to the Attorney General, the Board’s Attorney and the Auditing Department.
Motion by Commr. Cross seconded by Commr. Theus and carried that the County Attorney be instructed to notify the proper authorities in the various towns, that the County Commissioners accept their offer to cooperate with the County in reappraisal if Mr. Cassady, the Tax Assessor, recommends it.
Mr. Duncan advised the Board that he has gotten the price on the land in question for a County Center – Price of Capt. Blount’s property $50,000.00. The Sand Company said they will not sell the part North and West of the road unless the piece South of the road is sold with it. The price for the total tract is $225,000. Mr. Duncan was instructed to inquire of the Attorney General’s Office if it is possible to acquire land in excess of what is required to build a jail.
Mr. Owens reported that the estimated cost for improvement to the Courtroom is $5,000.00.
Attorney’s fees in amount of $500.00 allowed to Thos. R. Champion, Attorney appointed by the Court for the defendant Chas. Hixon, was approved by the Board.
At this time the appraisers – A. E. Munday of the State Road Department, Bob Eichelberger and Emory Dillard of Eustis, who had been appointed on May 4, 1959, appeared before the Board and presented their appraisal on SR 500 Section 11010-2111 from Orange County line Northerly and Westerly around Mount Dora to intersect SR 19 at the “Dream Boat.” Total $872,027.00. Mr. Duncan stated some sections are limited access and some sections limited or no access. He suggested that the Board accept this Appraisal subject to corrections as to access as discussed, WHEREUPON, on motion of Commr. Cross seconded by Commr. Bishop and carried, the Appraisal Report was accepted and ordered filed, subject to alterations upon receipt of Amendment to the Plat.
Mr. Richey Green, District Engineer, and Mr. C.A. Benedict of the State Road Department, met with the Board and took in consideration suggested changes for access road and drainage ditches and agreed to report on these changes promptly.
Mr. Duncan stated the problem has come up as to whether or not the Board should appoint Appraisers to appraise the land being considered by the Board for the County Center. Discussion was had on appointment of appraisers in determining a fair value of the property for County Center, WHEREUPON, on motion of Commr. Cross seconded by Commr. Cowart and carried, that the three appraisers present be appointed to appraise the land being considered for Lake County Center as follows: A. E. Munday, Emery Dillard and Bob Eichelberger.
After discussion on appointing appraisers on Section 1111-108 SR 44, motion was made by Commr. Cross seconded by Commr. Cowart and carried, that A. E. Munday, Bob Eichelberger and Emery Dillard be appointed to appraise the land to be taken on said road.
Motion by Commr. Bishop seconded by Commr. Theus and carried that Herman Dykes, Tavares, be appointed Right of Way Procurement Agent on Section 11683-2601, S-44-B.
Plat of Third Addition Three Lakes Subdivision was presented to the Board by Mr. Schlauder, with Title Binder #6952 Title & Trust Company of Florida showing title in John C. Schlauder and wife Edith L.; letter from Lake County Health Department, and receipt of Clerk showing Satisfaction filed today, WHEREUPON, on motion by Commr. Cross seconded by Commr. Theus and carried, the Plat of Third Addition Three Lakes Subdivision was accepted and approved.
Motion by Commr. Theus seconded by Commr. Cowart and carried that the application of Jencle Roberts for admission to the T. B. Hospital be approved.
Motion by Commr. Cowart seconded by Commr. Cross and carried, that Clerk Owens be reimbursed in the amount of $20.80 for payment of dinners for the group of 14 persons who attended the conference at the Trade-Winds, Leesburg, on Wednesday, June 2, 1959.
Motion by Commr. Cowart seconded by Commr. Cross and carried, that the following Vouchers be approved for payment:
General Fund #1106 thru #1241
Fine & Forfeiture Fund # 139 thru # 157
Road & Bridge Fund # 924 thru #1024
Health Clinic #6
Clerk Owens was instructed to get renewal on Workmen’s Compensation Coverage Assigned Risk for the Board.
following filed with the board
Letter from Florida T. B. Hospital that Willie Spence, Jr., was discharged against medical advice on May 30, 1959.
Two letters from State Road Department acknowledging receipt of Resolutions
Chipley Body Works – re work on trucks, etc.
Report of Ray E. Green, Comptroller re: 7th cent gas
Report of Myrtle Sudderth.
/s/ Frank E. Owens /s/ O. M. Simpson