MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
MONDAY – April 1, 1963
The Board of County Commissioners met in regular session on Monday, April 1, 1963, at ten o’clock A.M. in the County Commissioners’ room in the Courthouse at Tavares, with the following present: Chairman Dykes, Commrs. Theus, Cowart, Livingston and Babb; 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.
The following NOTARY PUBLIC BONDS were approved by Clerk Owens since the first regular meeting in March:
AMERICAN FIRE & CASUALTY COMPANY: H.T. Dykes
Chester L. Crum
Ellen I. Willis
Frank W. Stebbins
T. A. Brotherson
GLENS FALLS INSURANCE COMPANY OF GLENS FALLS: Roy E. Winn
HIGHWAY INSURANCE COMPANY: Catherine Wagner
Robert M. Ferran
Mildred L. Wilson
AMERICAN SURETY CO. OF NEW YORK: Mildred W. Clark
William A. LeHeup
Robert H. Mayo
Von Allen Clark
On a motion by Commr. Livingston, seconded by Commr. Theus, the minutes of the March 4, 5, and 11 meetings were approved.
On a motion by Commr. Babb, seconded by Commr. Cowart, and carried, the minutes of the public hearings of March 8th and 15th were approved.
Commr. Babb filed check from Evelyn Lee in the amount of $377.04 dated 3/28/63, reimbursement for road materials.
Commr. Livingston filed check from Lake Gertrude Manor Assoc. in the amount of $93.36 dated march 14, 1963, reimbursement for road material.
civil defense director
Mr. Karl Lehmann appeared before the Board regarding civil defense program in the County. Mr. Lehmann reported that the State Office of Civil Defense wants to send a representative to Lake County to discuss their program with the Board. He was instructed to write the State Office that the Board will be glad to hear their representative and will notify them when it is convenient for him to appear.
After Mr. Lehmann had left, Clerk Owens said we have a letter from Karl submitting his application as Director of Civil Defense; Whereupon, motion was made by Commr. Livingston, seconded by Commr. Theus, and carried that Mr. Karl Lehmann be appointed to continue in the capacity of Civil Defense Director for Lake County. Clerk Owens was instructed to notify Mr. Lehmann of the appointment.
railroad crossing – clergrove property – mile post #814
Mr. Corda May of Clermont appeared before the Board and requested the Board to put a permanent crossing across the ACL tracks on Clergrove property. Mr. Duncan informed him this would have to be established as a public crossing and a deposit put up by the interested parties to take care of the expense of the crossing. Mr. Duncan thinks we should determine the cost of the crossing first. He was instructed to write the ACL R.R. regarding the cost of the crossing and advise Mr. May of same.
sumter electric cooperative
Mr. Claude F. Shanks of Sumter Electric Cooperative appeared before the Board and stated there is a hardship case in the Lake Louise area who needs a telephone, and his company needs an easement from the County in order to install a power line. Mr. Duncan stated we need a better description and Mr. Hays was instructed to get this description for him; whereupon, on motion of Commr. Babb, seconded by Theus, that the easement be granted when the proper description is presented. Motion carried.
Clerk Owens reported he had talked with the Tax Assessor regarding list of county owned property and that he said it is impossible for him to make this list now, but he should be able to work on this in November or December.
lake eustis village subdivision
T. O. Moorhead and Harry Bloch presented plat of Lake Eustis Village owners Pine Island Land Co., Inc. Title Opinion prepared by W. B. Hunter filed, also letter from Lake County Health Department stating the lots are suitable for septic tank installation and when 25 lots are occupied central water system will be required. Letter filed from Mr. Bloch to the effect that the water system will be installed after the occupancy of 25 lots. Mr. Duncan stated the title appears to be in order, and there are no mortgages. Motion by Commr. Babb, seconded by Commr. Theus, and carried that the plat of Lake Eustis Village be accepted.
Meeting adjourned for lunch until 2:00 P.M.
Board reconvened at 2:00 o’clock P.M. Called to order by Chairman.
Bids for roads in district no. 1
Notice having been advertised for roads in District No. 1 the following bids were received:
Ray Jay Paving Co., Leesburg 0.5275 per sq. yd.
5 percent bid bond attached
R H M paving Co., Inc., Orlando 0.34 per sq. yd.
5 percent bid bond attached
J. D. Manly Construction Co., Leesburg 0.445 per sq. yd.
Surety bond attached
C. A. Meyer Paving Co., Orlando 0.71 per sq. yd.
5 percent bid bond attached
Motion by Commr. Theus, seconded by Cowart, and carried that the bids be referred to the County Engineer for his study and recommendation to the Board.
otis lee – ditch in astor
Mr. Otis Lee of Astor appeared before the Board regarding ditch on west side of his property in Astor. This matter was referred to the Engineer to look at the location with Mr. Lee and report back to the Board.
Fred Tanner filed check from Aetna Ins. Co. in the amount of $425.00 in settlement of damage to county vehicle. Mr. Tanner requested that he be allowed to use this money. Whereupon, motion was made by Commr. Livingston, seconded by Commr. Cowart, and carried, that the check from Aetna Ins. Co. for $425.00 be deposited to the General Fund and transferred from contingency item to Item No.
home demonstration agent
Mrs. Marian Valentine appeared before the Board and advised that a citizenship short course is being held in Washington, D.C. and she has four girls and one leader qualified to attend; would like the money already set up in the budget for short courses to apply to their expenses. They are raising the additional funds needed through private means. Motion by Commr. Cowart, seconded by Commr. Livingston and carried that Mrs. Valentine be allowed to send the four girls and one leader to Washington D.C. for citizenship short course.
Mrs. Valentine also requested that Mary Ellen Davis, Asst. Home Demonstration Agent, employed for two years be allowed 26 working days’ vacation to take a trip to Europe with her family August 5 through September 10. Mrs. Valentine stated she has only taken 8 working days of vacation period allowed for the past year, and that she will not be entitled to another vacation period until after July 1, 1964. Motion by Commr. Cowart, seconded by Commr. Theus, and carried that Mary Ellen Davis be allowed 26 working days from August 5 to September 10, 1963, to take a trip to Europe.
florida forest service
Mr. Norman G. Lain of the Florida Forest Service appeared before the Board regarding Cooperative Forest Management Project. Mr. Lain reported that in the past the Florida Forest Co-op Program has included Orange, Lake and Seminole Counties in one project. However, the workload has reached the point where they cannot give adequate time to the three counties and would like to include Osceola County and divide the four counties into two projects. Namely – Orange and Osceola in one project and Lake and Seminole in another. The cost to Lake and Seminole would be 40 percent of the total cost which would amount to $3,749.60. Of this amount, Lake’s share would be 2/3, or $2,499.73. Whereupon, on motion by Commr. Theus, the Board agreed to this increase in cost as Lake County will receive 2/3 of the working time of the farm forester, and will include this increase in their budget for the fiscal year 1963-64. Motion was seconded by Commr. Livingston and carried.
Robert Webb appeared before the Board and stated he has a letter of resignation from Dewey J. Breckenridge effective April 30, 1963, however, he will only work through April 15th and will take his vacation the other two weeks. He would like to hire Clarence W. McCauslin to take his place effective today so that Mr. McCauslin would have two weeks in which to work with Mr. Breckenridge. Motion by Commr. Cowart, seconded by Commr. Livingston and carried, that Mr. McCauslin be hired as zoning inspector at a salary of $350.00 per month effective April 1, 1963.
Mr. Webb filed letter from Richard V. Garner, Chairman Zoning Committee, requesting amendment to resolution adopted on February 11th; Whereupon, motion was made by Commr. Livingston, seconded by Commr. Cowart, and carried that the following amendment to the resolution be adopted:
Whereas, the Lake County Planning and Zoning Commission did, subsequent to the 11th of February, 1963, recommend to the Board of County Commissioners of Lake County, Florida, that certain changes and revisions be made in the zoning of certain areas of Lake County; and, as a result of said recommendation, the Board of County Commissioners did, on the 11th day of February, 1963, amend, change and rezone the following tract of land in Lake County, to-wit: Lot 10 in Block A, less the North 461.55 feet thereof, and also less that part thereof conveyed to the State Road Department for road right of way, according to the Plat of Frank and Fannie Polak Subdivision, which Plat is recorded in Plat Book 5, page 31 public records of Lake County, Florida, rezoned as follows: “Amended, changed and rezoned to classification C-1 (Commercial), to allow the construction and operation of a Truck Brokerage Office and parking facilities.”, and
Whereas, it was brought to the attention of the Lake County Planning and Zoning Commission that, before the application was considered, the request “to allow the construction and operation of a truck brokerage office and parking facilities” was withdrawn by oral request of a representative of the owner, but through omission, the words requested to be eliminated were not eliminated, and were erroneously included in the report to the Board of County Commissioners, and, therefore, erroneously included in the Resolution making the change, and
Whereas, the owner of said property has requested the Lake County Planning and Zoning Commission to delete the above mentioned words from the reclassification and rezoning of said parcel of land, and the Lake County Planning and Zoning Commission has agreed thereto, and has requested the Board of County Commissioners to correct the Resolution rezoning and reclassifying said property by eliminating said phrase;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that Section numbered 2 in that certain Resolution adopted by the Board of County Commissioners on February 11, 1963, be stricken from said Resolution, and that the follow be inserted in lieu thereof:
“Lot 10 in Block A, less the North 461.55 feet thereof, and also less that part thereof conveyed to the State Road Department for road right of way, according to the Plat of Frank and Fannie Polak Subdivision, which Plat is recorded in Plat Book 5, page 31, public records of Lake County, Florida, now classified and zoned as R-1-A (Residential), be, and the same is hereby amended, changed and rezoned to Classification C-1 (Commercial).”
Mr. Gordon Hays appeared before the Board and said for the five months he has been employed by the County, the Frieden calculator salesman has allowed him to use one of their machines without cost. He wants permission to purchase the Frieden Model SW 10 at a price of $755.00. Motion by Commr. Cowart, seconded by Commr. Theus, and carried that the County Engineer be authorized to purchase Frieden Calculator Model SW 10 at a cost of $755.00.
truck for bill young
Motion by Commr. Cowart, seconded by Commr. Theus that the Clerk be authorized to advertise for bids for 1-1/2 ton truck for Bill Young to haul prisoners. Motion carried.
crossing at oakland park subdivision
Mr. Duncan filed letter from ACL regarding crossing at Oakland Park Subdivision. Letter advised that the matter has been referred to their Maintenance Department.
Mr. Duncan filed letter from Howell Hopson, Architect, advising that the plans and specifications for remodeling the Courthouse will be presented to the Board at the May meeting.
palatlakaha river channelization
oklawah river water authority
Mr. Duncan said at the last water authority meeting they agreed to channelization of the Palatlakaha River and need easement from Lake County and he has been authorized to request the Chairman and Clerk to execute same; whereupon motion was made by Commr. Cowart, seconded by Commr. Livingston, and carried that the following resolution be adopted and the Chairman and Clerk execute the easement:
Whereas, the Ocklawaha Basin Recreation and Water Conservation and Control Authority in Lake County, Florida, is contemplating the excavation of certain portions of the Palatlakaha Creek in Lake County, Florida, for the better conservation and control of water within the Ocklawaha Basin Shed, and
Whereas, Lake County is the owner of a tract of land through which the Palatlakaha Creek runs, and through which said Water Authority requests a drainage easement;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the Chairman and Clerk of the Board of County Commissioners, be and they are hereby authorized and empowered to execute in favor of the Ocklawaha Basin Recreation and Water Conservation and Control Authority in Lake County, a Drainage Easement over the following described tract of land:
Begin at the Southwest corner of the Southeast Quarter of the Southeast Quarter (SE ¼ of SE ¼) of Sec. 11, TP 20 Sr. R. 24 E., run thence North 25 feet, thence East parallel to the section line, 279.59 feet to the point of beginning; thence continue in the same direction 97 feet, more or less to the center of the Palatlakaha Creek. Begin again at the point of beginning and run thence South 36° 33’ West 30.81 feet to the South section line of section 11; thence run East along said Section line to the center of the Palatlakaha Creek; thence Northeasterly along the center of the Palatlakaha Creek to the North boundary of this tract;
ALSO: Begin at the Northwest corner of the Northeast Quarter of the Northeast Quarter (NE ¼ of NE ¼) of Sec. 14, Tp. 20 S. R. 24 E., and run thence South 25 feet; thence East Parallel to the North boundary of Section 14, 241.03 feet to the point of beginning for this tract; thence continue in the same direction 80 feet, more or less, to the center of the Palatlakaha Creek; begin again at the point of beginning, run thence North 36° 33’ East 30.81 feet to the North boundary of Section 14, thence East along the North boundary of Sec. 14 to the center of the Palatlakaha Creek; thence Southwesterly along the center of the Palatlakaha Creek to intersect the South boundary of this tract.
discussion amendments to game & freshwater fish commission laws
Mr. Duncan was instructed to secure copy of the amendments and bring to next meeting.
Mr. Duncan reported that he has drawn up the bills for the legislature and they will be presented the middle of the month and thinks someone should be there to push the bills.
legislative delegation – telephone bills
Motion by Commr. Cowart, seconded by Commr. Theus that the Board pay the telephone bills of the legislative delegation while they are in Tallahassee for the 1963 session of the Legislature.
legislation – proposed bill regarding judicial salaries
Clerk Owens read a letter from the State Association of County Commissioners requesting support of this proposed bill; whereupon, on motion of Commr. Livingston, seconded by Commr. Theus, and carried the following resolution was adopted:
Whereas, it has been brought to the attention of the Board of County Commissioners of Lake County, Florida, that there is a proposed bill introduced or to be introduced into the Legislature providing that the salaries of all Judges, primarily payable from State Funds, be paid entirely from State Funds, and that there be no supplementation thereof by the Counties, and
Whereas, the Board of County Commissioners feels that this proposed Act would be for the best interest of the various counties in the State, provided a reasonable adjustment is made, taking into consideration the duties required of the various judges and the “workload” of the respective Courts in the State;
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Lake County, Florida, that the proposed Act requiring payment of judges’ salaries from State Funds only be approved, and that the Legislative delegation from Lake County be urged to support the same.
contract – courthouse as fallout shelter
Motion by Commr. Livingston that the Chairman and Clerk be authorized to sign contract designating the Courthouse as a fallout shelter. Seconded by Commr. Cowart and carried.
special act for psychiatric holding facility – eustis hospital
No action taken on this matter.
zoning board of adjustment committee
Clerk Owens confirmed the appointment of new member Glenn Brown, Mount Dora, in place of Bob Flippo.
Motion by Commr. Theus, seconded by Commr. Livingston and carried that the action of the Clerk and Chairman in approving application of Anton Labroier for admittance to T. B. Hospital be approved.
state trial witnesses
Request of F. E. Owens, Clerk of the Circuit Court, in the amount of $500.00 for the purpose of paying State Trial Witnesses before the Court at the Spring Term of Circuit Court convening May 7, 1963, was approved for payment on motion of Commr. Theus, seconded by Commr. Cowart, and carried.
certificates of correction of errors
Letter from R. G. Cassady attaching Certificates of Correction of Errors on the 1962 tax roll numbered 232 through 279 and requesting that same be approved. Motion by Commr. Theus, seconded by Commr. Livingston and carried, that the Chairman approve the Certificates of Corrections of Errors numbered 232 – 279.
truck loss of 8/4/61
Chairman Dykes advised that Mrs. Frankie Crosby was involved in an accident with a County truck on 8/4/61 and was not covered by liability insurance. The damage to the truck was $84.71. We now have a letter from Mrs. Crosby stating that in order to get her license from the State she would need a $50.00 cash bond and that she would rather pay the $50.00 to the County if they would give her a release in order to secure her license. Motion by Commr. Livingston, seconded by Commr. Cowart, and carried that the Board accept the $50.00 from Mrs. Crosby and execute release in her favor.
barred windows from juvenile shelter
Clerk Owens stated we have 8 or 10 barred windows that were ordered for the Juvenile Shelter and not used. I have been requested to ask the Board if they will sell the windows. The County Engineer was instructed to inspect the windows and give his recommendations to the Board on the advisability of selling same.
underwood noiseless typewriter
Clerk Owens said now that Mrs. Robertson has retired, I would like the Board to give her the old manual Underwood typewriter she used for some twenty years; whereupon, motion was made by Commr. Cowart, seconded by Commr. Theus, and carried that the Underwood Noiseless Typewriter #5942199 be declared obsolete and given to Mrs. Florence Robertson as a gift from the Board.
sun eden subdivision road repair
Clerk Owens read a letter from Gray Groves, Inc. regarding the County repairing road in Sun Eden Subdivision. Discussion followed after which the letter was referred to Mr. Hays to secure estimate of the road repair and report back to the Board regarding same.
Juvenile court offices, - telephone system
Clerk Owens read letter from Judge Milton requesting that the present extension phones in the Juvenile Court offices be removed and have two key phone extensions installed at a cost of $3.50 each per month. Motion by Commr. Livingston, seconded by Commr. Theus, and carried the request of Juvenile Judge for the removal of the present extension phones and installation of two key phone extensions was approved.
time clock stamp for clerk’s office
Clerk Owens stated that we need a second time clock stamp in the Clerk’s office and I have received two estimates – one from Cincinnati Time Recorder Co. for $219.50, and one from Bowen Supply for $212.50; whereupon, motion was made by Commr. Theus, seconded by Cowart and carried that the Clerk be authorized to purchase time clock stamp from Bowen Supply Co. for the price of $212.50.
index to chancery cases
Clerk Owens said I also want to start an index to Chancery cases and have never before had the necessary help to bring this up to date. We are in a position now to get started on this and I have a bid from Bowen Supply for Four Volumes complete with fillers, key tab le sheets, key tab sheets, binders, white canvas covers with vinyl protective jackets and 25,000 take-off indexing slips for the price of $735.00. Motion by Commr. Theus, seconded by Commr. Cowart and carried, that the Clerk Owens be authorized to order and Index to Chancery Cases from Bowen Supply Co. at a cost of $735.00
title search for srd – jOB 11200-2502 – sr 19 & 25
Clerk Owens read request from the SRD for title search in connecting with Lake County Interchange and Approaches at Intersection SR 19 & 25. Clerk Owens was authorized to turn this search over to Inland Abstract Company.
lake norris bridge (Dr. s. c. colley bridge)
Clerk Owens stated we have final bill from Hubbard Construction Co. on the Lake Norris Bridge together with report from Richard O. Newman that the job is complete and recommending that it be accepted by the County; whereupon, payment of this bill in the amount of $3,193.24 was approved.
request for re-assessment
Letter from R. D. Keene requesting re-assessment of his properties was referred to the attorney for handling.
industrial & tourism commission
Clerk Owens read a letter from the Industrial & Tourism Commission advising they had two letters of resignation from Directors, namely, Richard Jones, Leesburg, and W. H. Ross, Howey. Both being from District 2, Mr. Cowart stated he would take this under consideration and announce the appointments of two new directors at the next meeting.
county service officer
Clerk Owens read a letter from the State Service Officer advising of the Annual Statewide Service Officers’ School and Conference to be held May 6th through May 11th at Daytona Beach. The Clerk was authorized to notice Mr. Thomas that his attendance at this meeting was approved by the Board.
empire petroleum co. – peneprime dist. 4
Motion by Commr. Theus, seconded by Commr. Livingston, and carried that the action of the Chairman in executing contract with Empire Petroleum Co. be approved.
contract east lake company
Upon motion of Commr. Livingston, seconded by Commr. Cowart, and carried, the Clerk and Chairman were authorized to execute contract with East Lake Company.
lake memorial nursing home
Discussion regarding this matter, but no action taken.
state health dept. regulation on sewer & water systems in subdivisions
Mr. E. T. Hall, Chairman of the committee appointed by the Chairman of the Board, to study the problems under this regulation, submitted in writing recommendations of the Committee. After lengthy discussion, motion was made by Commr. Theus, seconded by Babb, and carried that the following recommendations be adopted as corrected:
1. Due to the size of Lake County, and the general porous nature of its sandy soil, we ask that the Board of County Commissioners request the State Board of Health not to require Lake County to comply with the same Minimum Regulations of the more populous counties where generally their soil conditions are not as favorable with respect to type, percolation and elevation.
2. That all presently recorded subdivisions be excluded from new regulations.
3. That all sub-dividers be required to file, in writing, intention to subdivide with the County Planning & Zoning Office before starting work. This written intention shall give a general description of the lands intended to be subdivided. At the time of this filing, the sub-divider shall secure a copy of regulations.
4. That each subdivision stand and be considered on its merit (as in the recent past) as to location, elevation, water table, high water, levels, soil conditions, percolation test, etc.
5. That the size of lot with a private well and septic tank have a minimum of 10,000 sq. ft. in area and minimum average width of 80 feet.
6. That the requirements of subdivisions with 150 or more lots have a central sewage disposal system be dropped, providing all lots have the minimum 10,000 square feet and meet the soil and percolation requirements.
7. That all subdivisions of 50 or more lots provide an approved site for a central water system or submit provisions for a central water source, such as a city system extension or for the extension of an existing approved private system.
8. That a water system be required where the developer or builders are planning mass housing, with 25 or more houses to be built within a subdivision within a period of two years; (and that this be controlled by permits).
9. That the Legislative delegation from Lake County be informed of these recommendations or resolutions if adopted by the County Commissioners and strongly requested to assist in their achievement, even through legislation, if necessary.
10. It is understood by this Committee that the Planning & Zoning Commission is in the process of working up some revisions in or general subdivision requirements under the subdivision platting law. We recommend that the Board of County Commissioners request that they expedite this matter as fast as possible.
Dr. Hall appeared before the Board and requested that the Turnpike Authority be reminded that drainage wells are not allowed in Lake County; whereupon, motion was made by Commr. Babb, seconded by Commr. Cowart, and carried that the following resolution be adopted:
Whereas, it has been brought to the attention of the Board of County Commissioners of Lake County, Florida, that proposals have been made to dig and maintain drainage wells within or near the right of way for the Toll Road designated as Sunshine Parkway, as it passes through Lake County, Florida, for the purpose of disposing of excess water from said roadway, and
Whereas, Lake County has, in the past, established a policy of refusing to permit the installation of drainage wells within Lake County because of its danger to the health of Citizens of Lake County in the pollution of underground streams;
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Lake County, Florida, that the State Turnpike Authority, and all persons, organizations or corporations proposing to dig and install drainage wells in Lake County, and particularly on highway rights of way, shall not be granted a permit for the installation of drainage wells.
BE IT FURTHER RESOLVED, that in the event of the violation of this Resolution, the persons responsible for a drainage well, will be deemed guilty of a misdemeanor, and will be punished and penalized in accordance with the laws pertaining to misdemeanors.
Upon motion of Commr. Cowart, seconded by Commr. Theus, and carried, the payrolls for the month of March were approved.
following filed with the board:
By-Laws of the Lake County Industrial & Tourism Commission.
Copy of Letter from Judge Milton to Mrs. M. C. Ward regarding campsite for youth camp.
Copy of audit report of the Lake County Health Department.
Letter from City of Orlando acknowledging reservation of the Chairman to dinner meeting to be held April 3rd.
Copy of bill to Polk County for rental of pumps and pipe.
following reports filed with the board:
Commodity Supervisor for month of March 1963.
Planning & Zoning Department for month of March 1963.
Home Demo Agents and two assistants for month of March 1963.
County Agent and two assistants for month of March 1963.
County Service Officer for month of March 1963.
Florida Division of Correction regarding Lake County Stockage.
Florida Division of Correction regarding Lake County Jail.
Florida Division of Correction regarding Road prison No. 5758, Tavares.