MINUTES OF regular MEETING OF BOARD OF COUNTY COMMISSIONERS

 tuesday, september 5, 1961

Monday, September 4th, being a holiday, and a quorum not being present for the regular meeting of the Board of County Commissioners, Clerk Owens adjourned the regular meeting of the Board until Tuesday, September 5, at ten o’clock a.m.

The Board of County Commissioners met in regular session in the County Commissioners room in the Courthouse at Tavares on Tuesday, September 5, at ten o’clock a.m. with the following present:  Chairman Theus; Commissioners Dykes, Simpson, and Babb; Clerk Owens; and Attorney Duncan.  (Commr. Cowart was absent on business.)

The Board was called to order with prayer by Chairman Theus.

Minutes of the meetings of July 18, 20, 24, and 27 were adopted as read.

Notary Public Bonds of Edwin R. Waite and Floy W. Long with American Fire and Casualty Company were approved by the Board.

notary public bonds approved by clerk owens since the first meeting in august:

With American Surety Company of New York, the following:  Bertha Sorensen 8-11-61, H. W. Galt 8-14-61, Genevieve Huff 8-21-61, Grace H. Gideons 8-24-61, P. E. Williams 9-5-61, Effie M. Pegersen 9-5-61.

With American Fire & Casualty Company, the following: Eloise P. Sauls 8-8-61, Alice H. Bedell 8-21-61, and Judith Mills Calderone 9-1-61.

With Pan American Surety Company, the following:  Marie R. Roberts 8-16-61 and Annie Laura Foster 8-22-61.

plat of ocala forest camp site no. 3

Tom Sawyer appeared before the Board representing W. H. Vernor Inc. and presented this Plat with Title Insurance Policy FE 38355 issued by Title & Trust Company of Florida showing the title clear.  The Plat has 499 lots and borders on SR 445.  The report from the Lake County Health Department re septic tanks was filed.  Mr. Duncan stated all streets show to be 50 feet in width, and he sees no reason why the Plat is not acceptable; WHEREUPON, on a motion by Commr. Babb, seconded by Commr. Dykes and carried, the Plat of Ocala Forest Camp Site No. 3 was approved.

ZONING RESOLUTION

Bob Webb, Secretary to the Zoning Department, presented two applications for rezoning, one southwest of Tavares, all in grove, requests change from R-1 to Agricultural for which it is actually used.  He stated this application was made prior to Mr. Goodson’s illness.  The other application requests change from R-1 to R-2 mobile home zoning; WHEREUPON, on a motion by Commr. Dykes, seconded by Commr. Babb and carried, the following resolution was adopted:

WHEREAS, the Lake County Zoning Commission did, on the 31st day of August, 1961, after due Notice of the 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 of Lake County having reviewed said applications and the recommendations of the Lake County 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 1880 feet South and 400 feet East of the Northwest corner of Section 12, Township 19 South, Range 25 East, run East along Canal Street 100 feet, thence run North to canal, thence Westerly along canal 100 feet, thence South to point of beginning, said property being located off Haines Creek Road and is now zoned as R-1 (Residential).  Said classification is hereby amended, changed and rezoned to Classification R-2 (Residential).

2.      The SE ¼ of SW ¼ and Begin 105 feet North of the SE corner of SW ¼ of SE ¼, run thence West 420 feet, thence South 105 feet, thence West 50 feet, thence North 105 feet, thence West 160 feet, thence North 105 feet, thence West 630 feet to West boundary of said SW ¼ of SE ¼; thence North 1110 feet to NW corner of said quarter, thence East 1320 feet to Northeast corner thereof, thence South 1215 feet to point of beginning, being in Section 30, Township 19 South, Range 26 East; also the NW ¼ of NE ¼ south of clay road, W ½ of NE ¼ of NW ¼; the N ¾ of E ½ of NE ¼; of NW ¼ ; West 33.4 feet of NE ¼ of NE ¼ south of road; E ¼ of SW ¼ of NW ¼; SE ¼ of NW ¼; W ½ of SW ¼ of NE 1/4 ; NE ¼ of SW ¼ of NE ¼; E ¼ of NW ¼ of NW ¼; W ¾ of N ½ of SW ¼ of NW ¼ ; SE ¼ of SW ¼ of NE ¼; NE ¼ of SE ¼ west of highway, NW ¼ of SE ¼ west of Highway, E ¼ of NE ¼ of SW ¼, being in Section 31, Township 19 South, Range 26 East, now classified and zoned as R-1 (Residential), be, and the same is hereby amended, changed and rezoned to Classification A (Agricultural).

checks filed

Mr. Babb filed a check for $1,976.28 from Cummer Sons Cypress Company for asphalt.  Mr. Simpson filed a check for $15 from Mrs. Leslie Kirkland for road material.

appointment of appraisers – state road 500 (US 441) section 11090-2502

(Beginning at Dreamboat corner, South of Eustis, and extending westerly to intersect 441 in Tavares.)

ALSO:  State Road 500 (US 441), Section 11010-2501 (Section of Road extending from intersection of SR 19 with 441 in Tavares and extending westerly to the City Limits of Tavares.)

On a motion by Commr. Dykes, seconded by Commr. Babb and carried, the following named persons were appointed to appraise the land to be taken for rights of way on the above-listed projects:  A. E. Mundy, Bob Eichelberger, and Emery Dillard.

After further discussion on the appointment of the appraisers, a motion was made by Commr. Dykes, seconded by Commr. Babb and carried that the above motion be amended to delete Bob Eichelberger as an appraiser and substitute Edwin R. Waite, as it is doubtful if Mr. Eichelberger can serve.

state road 500, Section 11010-2502 (leesburg north by-pass, n. boulevard)

On a motion by Commr. Dykes, seconded by Commr. Babb and carried, at the suggestion of Commr. Theus, the following named persons were appointed appraisers to appraise the land to be taken for rights of way on Leesburg By-Pass (North Boulevard):  H. B. Harrell, Jr. and Lester W. Huey, both of Leesburg.

payroll for august

On a motion by Commr. Simpson, seconded by Commr. Babb and carried, the PAYROLL for the month of August was approved for payment.

exchange of land with minute maid

Mr. Duncan suggested that publication of Notice of exchange of this land be readvertised, as there was a little discrepancy in the former description.  WHEREUPON, on a motion by Commr. Dykes, seconded by Commr. Babb and carried, Mr. Duncan, Attorney for the Board, was authorized to readvertise Notice for exchange of land with Minute Maid (east of Leesburg, west of the railroad).

turnpike extension to wildwood

A letter from Ray E. Malpass, Executive Director, Central Florida Minutes, re this matter was read.  Discussion followed.  The Board is of the opinion that US 27 should be four-laned to the Polk County line, as already have rights of way for this and are opposed to this turnpike going any further than Orlando until US 27 is four-laned.  The Board thinks there are already enough federal major highways going south.  Mr. Duncan was instructed to write them this Board is in favor of stopping the turnpike at Road 50 in Orlando.

bill for appraising drainage easement on us 441

On a motion by Commr. Dykes, seconded by Commr. Babb and carried, the bill of H. B. Harrell, Jr. in the amount of $50 for appraising the drainage easement on property of Gladys P. Davis on US 441 was approved for payment.

old ballot boxes

Discussion on what disposition could be made of the old ballot boxes.  Decided should keep about ten of the boxes and advertise the balance for sale.  WHEREUPON, on a motion by Commr. Dykes, 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 ballot boxes used prior to the acquisition of Voting Machines are now no longer of service to Lake County, with one exception, and

WHEREAS, the storing of said ballot boxes requires space needed for other properties of the County, and the Board has determined that the ballot boxes should be declared as surplus properties,

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that ballot boxes used by Lake County prior to the acquisition of Voting Machines be now declared surplus, with the exception of ten miscellaneous sizes of ballot boxes to be used in emergency elections.

BE IT FURTHER RESOLVED that all remaining ballot boxes be sold by publishing notice of sale, provided however that bids will be received on individual boxes and that the County shall have the right to refuse any and all bids.

seaman mixer repairs

Mr. Dykes reported that this mixer is in bad shape and should be overhauled.  Thinks would cost about one thousand dollars.  This should be done now and pay out of the new budget for Districts 3, 4, and 5.  WHEREUPON, on a motion by Commr. Dykes, seconded by Commr. Babb and carried, Commr. Dykes was authorized to have the Seaman Mixer sent to Orlando for repairs and that the repair bill be authorized paid out of the new budget for Districts 3, 4, and 5.

SALE OF LUMBER

Notice having been again advertised for the sale of lumber stored in the County barn at Umatilla, the following bids were received:

Harry Merrill, Umatilla - $60 per thousand

J. W. Parrish, Umatilla - $77.50 per thousand

Discussion on estimating the number of feet.  No definite decision made.

On a motion by Commr. Babb, seconded by Commr. Dykes and carried, the bid of J. W. Parrish, R-1, Box 368, Umatilla, to purchase the lumber stored in the County barn at Umatilla for the sum of $77.50 per thousand feet was accepted Clerk Owens was instructed to notify all bidders.

discussion on voting place in umatilla

No decision was made on this.  Mr. Babb to select a place.

petition of mrs. ogden, et al

Clerk Owens was instructed to notify H. L. Pringle and P. C. Gorman that the Board is ready to consider at the next regular meeting this Petition to rescind a resolution closing a certain road near Lady Lake if they are ready at that time.

resolution keeping open certain road in the montclair vicinity

A letter from Jack Monroe objecting to making this a public road was read.  After discussion on this, Mr. Duncan and Mr. Owens were instructed to check the old map of Monroe Park and see if this is a dedicated street before replying to this letter.

county maintaining streets in triangle acres subdivision

A letter from Miller Construction Company re the County maintaining streets in this subdivision and also signs re load limits was read, and Clerk Owens was directed to send them a copy of a resolution adopted on August 14th re the speed limit and load limits in this subdivision.  Mr. Dykes was instructed to have the signs made.

bear lake road

W. H. Reedy and George Daughtery appeared before the Board on behalf of this road running from Orange County to SR 46 in Lake County.  They presented a copy of a resolution adopted by the Orange County Board of Commissioners and requested that Lake County adopt a similar resolution.  The bridge costing $143,000 has already been constructed.  The mileage in Orange County is 5, Seminole 3, and Lake 1 3/4.  No action was taken on this, as the Chairman thinks all members of the Board should be present.  The Chairman also suggested the Board should talk to Max Brewer, Fifth District State Road Board Member.  Mr. Reedy stated the new road would bring in a substantial increase in tax monies for Lake County because of a huge housing development which is planned for the area which will be opened up when the new road is constructed.

petition of mary e. singeltary to vacate plat

Clerk Owens read a letter from Gordon G. Oldham, Jr. enclosing a Petition with the Proof of Publication, copy of a resolution adopted by the Town of Lady Lake, and a Certificate of Payment of Taxes, said Petition being as follows:

PETITION TO VACATE PLAT

Comes now, Mary E. Singletary, owner of the following described property located in Lake County, Florida, and known as Lady Lake Heights, Lady Lake, Florida, to wit:

A subdivision of all of the Northeast Quarter of the Southwest Quarter of Section 20, Township 18 South, Range 24 East, except the West 30 feet, said plat being recorded upon the Public Records of Lake County, Florida, on the 21st day of April, 1953, in Plat Book 12 at page 54,

and does petition the Board of County Commissioners to vacate said plat, which was certified on or about the 8th day of April, 1953, by the Lake County Board of County Commissioners under Florida Statutes 192.29 and 192.30, and as part of this Petition does attach hereto as required by said statutes the following documents and Exhibits:

1)      Legal notice published in the newspaper nearest the tract of land in the County in two weekly issues thereof, together with proof of publication;

2)     Certificate from the Tax Collector of Lake County showing that all State and County taxes, including the current year, have been paid;

3)     Certified copy of the Resolution of the City Commission of the Town of Lady Lake, Florida, showing that said subdivision has been vacated by it.

Your petitioner further states that she feels that the vacation of said plat is necessary in that said property is not suitable for the subdivision and would best serve the interests of the people of Lake County, Florida, as ordinary acreage, which it originally was prior to its dedication as a subdivision in 1953.

RESPECTFULLY SUBMITTED this the 1st day of June, A. D. 1961.

Mary Singeltary

MARY SINGELTARY

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

RESOLUTION FOR VACATION OF PLAT

WHEREAS, MARY E. SINGELTARY has by Petition requested the Town of Lady Lake, Lake County, Florida permission to vacate a plat known as Lady Lake Heights, Lady Lake, Lake County, Florida, a subdivision of all of the Northeast Quarter of the Southwest Quarter of Section 20, Township 18 South, Range 24 East, except the West 30 feet, said plat being recorded upon the Public Records of Lake County, Florida, on the 21st day of April, 1953, in Plat Book 12 at page 54; and

WHEREAS, the City Commissioners of the Town of Lady Lake, Lake County, Florida, do feel that it is in the best interest to allow said Mary E. Singeltary to vacate said plat;

WHEREFORE, BE IT HEREBY RESOLVED that the said Mary E. Singeltary be given permission to vacate the plat of the subdivision as described above.

RESOLUTION passed and signed at open meeting this the 5th day of September, A. D. 1961, by the Board of County Commissioners of Lake County, Florida.

assessment of clerical assistance for civil defense

Clerk Owens read a letter from Civil Defense re this assessment.

Mr. Duncan stated he does not know of any authority this Board has to spend money outside of Lake County.  The letter was referred to him for reply.

lake county jail – change order no. 1

Three copies of this Order were presented for execution – “Provide extra excavation and extra concrete fill under footings No.s. 5 and 6 due to subsoil conditions.  In accordance with Unit Prices as Per Proposal:

15.25 cu. yds. Excavation @ $2.50    $  38.13

15.25 cu. yds. Concrete @ $30          $457.50

Total                                                   $495.63

On a motion by Commr. Dykes, seconded by Commr. Babb and carried, the Change Order No. 1 as above was approved, and Clerk Owens was authorized to execute the three copies.

adjourned for lunch

The Board reconvened at 1:40 p.m.  Commr. Theus, Chairman, had not returned at this time, and Commr. Cowart, first Vice Chairman, was not here during the day; therefore, a motion was made by Commr. Babb, seconded by Commr. Dykes that Commr. Simpson, second Vice Chairman, preside until Mr. Theus arrives.  Whereupon, Mr. Simpson presided.

petition to grant alcohol permit to club casino

James Brazzell, Eustis, appeared before the Board and presented a Petition with approximately 200 names, plus letters of endorsement from various civic Negro Clubs, Fraternal organizations, and social groups, petitioning the Board to grant the Club Casino a permit for the sale of alcoholic beverages to 2:00 a.m. on weekdays.  After discussion on this, Mr. Duncan advised James that we do not have a full Board present today and will take this matter under advisement until Monday morning, September 11th.

assessed values for 1961

R. G. Cassady, Tax Assessor, appeared before the Board with Sam Cook of Hunnicutt Associates, Inc. and presented the Amended Estimates of Assessed Values for 1961 as follows:

Countywide Now Exempt Aggregate Value              $268,673,076

Countywide Aggregate Value                                    $332,159,176

Of the Above Non Exempt Aggregate Value            $  98,851,291

   (the part in Hospital District)

Mr. Theus returned at this time and presided during the remainder of the meeting.

discussion on procedure for handling delegations

Discussion on the procedure for handling the delegations to appear before the Board with complaints re assessments.  Decided to give each person a number and call them by same.

Fred Tanner of the Mosquito Control appeared before the Board and stated that Clermont has a garbage dump now and has requested that the County cover the refuse with a bulldozer.  Discussion on this.  The Board thinks should get a surplus bulldozer if possible, but if not put it in the budget for next year.

appraiser on lot m. block 40, tavares

This appraisal was made by C. B. Treadway, Tavares, and Edwin R. Waite, Mt. Dora, and shows an appraised value at $8,800.  The appraisal was filed.  It was suggested that the Attorney for the Board offer Mrs. Holmes $8,000 for the property; WHEREUPON, a motion was made by Commr. Dykes, seconded by Commr. Babb and carried that the bill of the appraisers in the amount of $50 to Treadway and $55 for the appraisal and secretarial work to Waite be approved for payment and that Attorney Duncan be instructed to go ahead and contact Mrs. Holmes toward purchasing her property.

cancellation of fine & forfeiture warrant

On a motion by Commr. Babb, seconded by Commr. Dykes and carried, Lake County Fine & Forfeiture warrant #460 in the amount of $4.10 payable to G.G. Oldham, Sr. for witness fees in County Judge’s Court was canceled, as he was called in error.

lake county jail interest and principal due on bonds

On a motion by Commr. Simpson, seconded by Commr. Babb and carried, Clerk Owens was authorized to issue a warrant in the amount of $68,118.75 to Bankers Trust Company of New York, N.Y. in payment of interest and principal due on October 1, 1961 on bonds for the Jail.  Said warrant is to be drawn September 25, 1961.

pioneer parking lot

The Board discussed resurfacing of this lot and marking same off for cars.  No definite action was taken on the matter.

financial statement – forest service

A copy of the Financial Statement for the Florida Forest Service was filed.

following letter filed with the board:

Card of thanks for flowers from family of Mr. John Straker

Mid-Florida Chapter of the American Institute of Architects

Copy of Executive Order from the State Civil Defense Director

Karl Lehmann, Lake County Director of Civil Defense, enclosing copy of his letter to the Hon. Robert S. McNamara, Secretary of Defense, Washington, DC re fallout shelters

Florida State Board of Health re City of Eustis Lake Gracie area and River Forest Rod & Gun Club

Copy of Organizational Meeting Minutes of the Board of Trustees of the Lake County Law Library

Eustis Chamber of Commerce re official dedication of the interchange south of Eustis

State Road Department re Job 11504-2601, SR S-561 (WLBE Radio Station); Job 11090-3502 RD 19 (re resolution requesting construction of a pedestrian overpass at intersection of SR 19 and Ky Ave in Tavares; Job 11090-1502 acknowledging resolution dated 8-14-61 asking for a crossover for the Trustone Block Plant area at Sec. 400, etc.; amendment to budget 1961-62, acknowledging resolutions adopted 8-14-61 and resolution adopted May 17, 1961 asking for amendment to budget 61-62.

the following reports were filed with the board:

Florida Division of Corrections on SR Prison No. 5758, Tavares

Minutes of State Road Board, August 18, 1961

J. C. Hunter, County Service Officer

Marian B. Valentine, Home Demo. Agent, and two assistants; also Secretary’s report

R. E. Norris, County Agent, and two assistants.

 

MEETING ADJOURNED.

 

/s/ Frank E. Owens___                                                           /s/ O. M. Simpson__

CLERK                                                                                   CHAIRMAN