MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
MONDAY – december 2, 1963
The Board of County Commissioners met in regular session in the Small Claims Office in the Courthouse at Tavares on Monday, December 2, 1963, at ten o’clock A.M. with the following present: Chairman Dykes; Commrs. Theus, Cowart, Livingston, and Babb; Clerk Owens; Attorney Duncan; Engineer Hays; and Zoning Director Webb.
The meeting was called to order by Chairman Dykes.
The invocation was given by Mr. Hays.
bids – accepted
It now being 10:00 a.m., the time advertised to receive bids on an oil fired furnace for the Lake County Juvenile Shelter, the following bid was received:
DUNNAGANS, INC., Leesburg, FL – Remove existing furnace and install Carrier Model 58F1250 LO-BOY, oil fired furnace with 500 gal. underground fuel tank
$991.24
Less trade-in old furnace $160.00
$831.24
On a motion by Commr. Cowart, seconded by Commr. Babb and carried, the bid from Dunnagans, Inc. in the amount of $831.24 was accepted.
On the recommendation of the County Engineer, the bid from Fulton Groves Sales & Appliances for one 24” cut, push type, rotary lawn mower with a 4 HP Bridges and Stratton engine, rewind starter, 4 cylinder, for a price of $179.30 was accepted on a motion by Commr. Babb, seconded by Commr. Livingston.
Mr. Richard Harvin of Humble Oil Company and Mr. A. T. Wigelsworth, agent, appeared with reference to their bid on gasoline and fuel oil. Mr. Harvin said he realized there was some confusion on their bid, but the third paragraph of their letter definitely states that the prices were firm. Mr. Duncan advised Mr. Harvin that the contracts have already been awarded, and under the circumstances the matter is closed. The letter from Humble Oil Company was filed by the Clerk.
road maintenance – subdivisions
Mr. J. C. Schlauder appeared in regard to the County maintaining the roads in Three Lakes Subdivision. Mr. Schlauder filed a letter from Fred Cross, former County Commissioner, stating that in his opinion the roads had been accepted for maintenance by the County. Commr. Babb said if the roads have been accepted, it should be in the Commissioners’ minutes, and the Clerk was instructed to search the minutes for this acceptance.
Mr. Harry Mielke and a group of property owners from Milky Way Subdivision appeared with reference to the property owners resurfacing the streets in this subdivision. Motion by Commr. Livingston, seconded by Commr. Theus that the County help these owners with a 20’ wide base adequate for surfacing when 75 percent of the property owners have agreed to pay the costs.
chamber of commerce
Mr. Karl Lehmann, Director, Lake County Chamber of Commerce, appeared before the Board with reference to a publication by the Game & Fresh Water Fish Commission on the St. Johns River Fishery Project. Mr. Lehmann distributed copies of this publication to each member of the Board.
leases – county property
Mr. John May appeared and requested release to a lease signed September 3, 1906, giving the County right to remove dirt from property on SR S-452; WHEREUPON, on a motion by Commr. Babb, seconded by Commr. Livingston and carried, the following resolution was adopted:
WHEREAS, Lake County, by and through a Lease dated September 3, 1906, executed by A. M. Adams in favor of Lake County, under the terms of which Lake County acquired a ninety-nine (99) years lease for the purpose of digging and removing earth and any other material therefrom for road purposes in an area entitled “that parcel of land lying between the fill on the Lisbon and Higley Public Road in Eastside of the road and in the NE ¼ of Lot Number Two (2) Section 24, Township 18 South, Range 25 East, in Lake County, State of Florida,” and
WHEREAS, subsequent to the digging and removing of earth and other materials as provided in and by said Lease, for the purposes for which it was granted, a new paved highway has been constructed in said area to take the place of said road and which lies to the West of the road referred to in said Lease, and the Deed for digging and removing earth or other material from said area no longer exists, and
WHEREAS, it has been brought to the attention of the County Commissioners of Lake County that the location for digging and removing earth was within the right of way of the new highway, that said areas have been refilled, and that said right of way for the new highway is now owned by the State of Florida; and there exists no further purpose for the Lease; that because of the vague description appearing in the Lease, the same creates a cloud upon all of the NE ¼ of Lot No. 2, in Section 24, Township 18 South, Range 25 East, lying on the East side of the old road,
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 and deliver a Release of said Lease, for the purpose of removing a cloud upon the title to that portion of the NE ¼ of Lot No. 2 above described, not included in the right of way of State Road S-452, now existing in said area.
tax assessment
Mr. B. G. Crecelius appeared with reference to a tax notice he received on property he has conveyed to the Water Authority in 1961 for easement. Mr. Duncan said these taxes should be paid by the Water Authority, and he and Mr. Crecelius are to straighten this matter out with the Tax Assessor.
roads – county
On a motion by Commr. Babb, seconded by Commr. Cowart 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 trucks bearing excessive loads have been traversing the road designated as “Lane Park Extension,” which commences on the East side of State Road 19 at a point one mile south of the intersection of State Road 19 with State Road S-561 (southwest of Tavares) and extends east to intersect State Road S-561 at a point 1.2 miles south of the above-described intersection, and
WHEREAS, said road is of clay construction, and because of excessive loads traversing said road, it is breaking the surface and destroying the road for public travel, and unless such excessive loads are stopped, the road will deteriorate completely;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that trucks bearing loads in excess of an aggregate of 2 ½ tons be prohibited from driving upon and traversing upon said road, that signs be posted at each end of said road, prohibiting such loads.
BE IT FURTHER RESOLVED by the Board that in the event this Resolution is violated, the owner of such truck and the driver of such truck shall be guilty of a misdemeanor and shall be punished in accordance with the Laws of the State of Florida for committing misdemeanors.
roads – name change
On a motion by Commr. Theus, seconded by Commr. Livingston 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 a certain street shown on the Subdivision entitled “Thompson Estates,” a plat of which is filed and recorded in the public records of Lake County, Florida, in Plat Book 16, Page 26, bears the name “Lake Dora Drive,” which conflicts with another street within the City Limits of the City of Tavares bearing the same name, and
WHEREAS, duplicate names of streets cause confusion, not only to the property owners within and without the City of Tavares, but also to the Post Office in the delivery of mail to addresses bearing such street name, and
WHEREAS, the owners of property in Thompson Estates have suggested that the name be changed from Lake Dora Drive to Lake Dora Circle and there being no objection to such suggested change;
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Lake County, Florida, that the name of that certain street in Thompson Estates shown on said Plat to be “Lake Dora Drive,” be and it is hereby changed to “Lake Dora Circle.”
BE IT FURTHER RESOLVED that a copy of this Resolution be recorded in the public records of Lake County, Florida and that copies be forwarded to Lake Abstract & Guaranty Company and Inland Abstract & Title Company and to the United States Post Office, Tavares, Florida.
RESOLUTION RECORDED IN O.R. BOOK 250, PAGE 930
STATE AGENCIES – GAME & FRESH WATER FISH COMMISSION
Mr. Tom Garrison appeared with reference to an ideal site for location of a boat ramp on the Apopka Canal off SR 448 between Lake Jem and the Astatula Road. On a motion by Commr. Livingston, seconded by Commr. Babb, easement on the following described property was granted for construction of a boat ramp by the Game and Fresh Water Fish Commission:
boat ramp and parking area – description
Commence at the NE corner of the SW ¼ of NW ¼ of Section 14-20-26; thence run South 2̊ 29’ East, 588.73’; thence run West 404.10’ to POB of this tract; thence continue running West 210’ more or less to the waters of Apopka Canal; Begin again at the POB; thence run South 210.00’; thence run West 200’ more or less to the waters of Apopka Canal; thence run Northerly along the water’s edge of Apopka Canal to intersect the first line described above.
access road – description
Commence at the NE corner of the SW ¼ of NW ¼ of Section 14-20-26; thence run South 2̊ 29’ East, 588.73’; thence run West 404.10’; thence run South 177.00 to the POB of the centerline of said access road, said POB being 33 feet North of the SE corner of the above-described boat ramp. 50’ easement to be conveyed shall lie within 25’ on either side of the following described centerline:
From said POB, above described, run South 76̊ 50’ East 46.80; thence run South 49̊ 00’ East, 150.84’ to North edge of pavement of SR 448, Less right of way of said SR 448.
railroads
On a motion by Commr. Babb, seconded by Commr. Livingston and carried, Attorney Duncan was instructed to proceed with the necessary steps for acquiring abandoned railroad right of way north of Umatilla. Letters from the State Road Department regarding this right of way were filed.
The executed agreement with Seaboard Air Line Railroad Company covering relocation of the crossing at Dead River was filed.
public health
Clerk Owens submitted a letter from the City of Clermont advising they are agreeable to paying $4,000 on the site for the Auxiliary Health Clinic in Clermont, and the seller agrees to furnish title insurance. Upon receipt of a check from the City of Clermont and executed deed, the Clerk was authorized to issue a warrant in the amount of $7,000 for the purchase of the property (See Page 496 for Resolution re this.)
state agencies – farm forester
Mr. Terrell Davis, Farm Forester, appeared regarding his annual report and asked the Board members if they had any questions regarding the report. The Board assured Mr. Davis of their cooperation and said they had no questions at this time. Mr. Davis said he has moved to Lake County and has his office established in Tavares.
lakes
Chairman Dykes said boaters want the bulkhead in Lake Yale removed in order for boats to go from Lake Yale to Lake Griffin. Commr. Babb advised this bulkhead was built to keep the water in Lake Yale.
recess and reassembly
The meeting recessed for lunch at twelve o’clock noon and reconvened at 1:30 p.m. to take up the remaining items of business.
licenses and permits
Mr. Sam T. Burton appeared with reference to a license or permit to open his club on Sundays during the hours from 2 to 6 p.m. for dances for the teenagers. Mr. Burton was advised by the attorney to contact the Tax Collector in this regard, inasmuch as the Board has no jurisdiction over such matters.
public health
On a motion by Commr. Babb, seconded by Commr. Livingston and carried, the following resolution was adopted:
WHEREAS, the Board of County Commissioners of Lake County, Florida, in conjunction with the State Health Department, has negotiated for the purchase of a tract of land in the City of Clermont, Lake County, Florida, upon which is to be established a Health Clinic for the County, and
WHEREAS, the City of Clermont is cooperating with Lake County in acquiring title to property for said purpose, and the City and County have entered into an Agreement with Kathleen A. Vasconsellos for the purchase of Lots 18, 19, and 20 in Block 57 in the City of Clermont for the sum of $7,000, of which the City of Clermont has agreed to pay the sum of $4,000, and
WHEREAS, appraisals have been submitted to the Board showing that a fair value for said property is $7,200;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the Clerk of the Board of County Commissioners be authorized to advance from proper funds the sum of $3,000, which added to the $4,000 paid by the City of Clermont equals the total cost of the above-described property, to-wit the sum of $7,000 and that the same be delivered to Kathleen A. Vasconsellos upon receipt of the Warranty Deed conveying a marketable title.
road closings
At the request of Mr. C. J. Knowles, a public hearing was set for closing roads in Snyder’s Subdivision for 10 a.m. January 6, 1964.
It now being the time advertised to hold a public hearing on the petition to close and vacate certain land in Belleaux Park and Joanna Park, the Chairman called for interested persons to be heard at this time:
The following persons appeared in support of the petition:
Dick Jones, Vernon Scott, Sam Swiger, Margaret L. Swiger, Dick Reynolds, J. A. LaMoreaux, Charles Nordquist.
The following persons appeared in opposition to the petition:
Dale Tucker, J. A. Rutherford, Mrs. Dale R. Tucker.
The Clerk submitted letters from the following objecting to the closing of the parks:
Arlie Wilder, Mrs. Lou Baker, Earle A. Wilder and Valerie M. Wilder, Howard Rutherford.
The Clerk submitted a letter from R. C. Bardwell in support of the closing and affidavit from John Rebbe, abutting property owner, joining in the petition.
Chairman Dykes vacated the chair in favor of the Vice Chairman; WHEREUPON, Vice Chairman Babb called for a motion, and Commr. Dykes moved for the adoption of the following resolution. The motion was seconded by Commr. Theus and unanimously carried.
WHEREAS, the owners of land abutting the following described parks, together with a majority of the owners of lots located in Belleaux Estates, a Subdivision located on the southeasterly side of Lake Joanna, a Plat of which is recorded in Plat Book 8, page 51, Public Records of Lake County, Florida, have presented to the Board of County Commissioners of Lake County, Florida, a Petition to close two certain tracts designated or generally recognized as parks in said Belleaux Estates, which parks are more particularly described as follows:
A certain tract of land designated as Belleaux Park, lying between Lots 7 and 10 and North of Lots 9 and 8, according to Plat designated as Lake Front Layout for Belleaux Estates, Inc. filed on the 26th day of February, 1926 and recorded in Plat Book 8, page 51, public records of Lake County, Florida.
ALSO: A certain tract of land designated as Joanna Park lying between Lots 16 and 18 of said Plat of Lake Front Layout of Belleaux Estates, Inc.
And said Petition is in proper order and form, and
WHEREAS, the said Board of County Commissioners has on this the 2nd day of December 1963 at its regular meeting at 10:00 in the forenoon, at its offices in the Court House at Tavares, Lake County, Florida, after due notice as required by law, considered the advisability of closing and discontinuing said properties as public parks; that a notice of the intentions of said property owners to apply for the closing and discontinuing of the same was published as required by law in the “Mount Dora Topic,” a newspaper of general circulation, published in Mount Dora, Lake County, Florida, by the Mount Dora Publishing Company, requiring all persons interested to appear before the Board of County Commissioners on the 2nd day of December, 1963, proper proof of publication of which has been submitted to the Board of County Commissioners; and
WHEREAS, the said Board has considered said application and all objections made to the closing and discontinuing of said parks and being fully advised of the condition and reasons for said requests,
THE BOARD FINDS: that the use of said properties as parks has developed into a nuisance, that the purposes for which said parks have been used and continue to be used are obnoxious to property owners in that area, and the continued use of said parks for such purposes will depreciate land values for an extended distance in that vicinity, and that it is for the best interests of the public and the property in that vicinity that said properties be closed as parks;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the above-described properties be discontinued and closed as public parks and that such barricades as may be required be installed as to prevent the use of said tracts of land as public parks.
BE IT FURTHER RESOLVED by the Board of County Commissioners that Lake County retain full title to said areas under its deed heretofore executed by the former owners thereof conveying to Lake County the fee title to said areas, subject to the further action of the Board as to the use and disposition thereof.
insurance
Clerk Owens filed a Certificate of Insurance from the Florida Farm Bureau Insurance Companies covering L. W. Conner, who will transport the surplus commodities from various points in the state to the Commodity Warehouse.
deeds
On a motion by Commr. Cowart, seconded by Commr. Livingston and carried, a deed was accepted conveying the following described property to Lake County:
GRANTORS: C. P. Farrell and Eunice E. Farrell, his wife
The South 33.00 feet, the West 33.00 feet and the East 33.00 feet (LESS the North 332.10 feet of the said East 33.00 feet) of the Northeast Quarter (NE ¼) of the Northeast Quarter (NE ¼) of Section 33, Township 19 South, Range 24 East, Lake County, Florida.
A letter from Attorney Duncan with reference to deeds on exchange of property with Coca Cola Company (Minute Maid) was filed, showing that the deeds were recorded on November 20, 1963.
tax assessor
Certificates of Correction of Errors numbered 1 to 174 was approved on a motion by Commr. Livingston, seconded by Commr. Babb and carried.
courthouse
A letter from Haynes, Inc. advising that Val Rich Construction, Inc. is past due on payment of purchases from them. The Clerk was instructed to forward a copy of this letter to Howell Hopson, Architect.
zoning
On the recommendation of Attorney Duncan and on a motion by Commr. Livingston, seconded by Commr. Babb and carried, the attorney was instructed to contact the Planning & Zoning Commission and request reconsideration of the regulation which provides for the issuance of permits by the Board of Zoning Appeals.
county engineer
On the request of Engineer Hays, a charge of 50 cents per sheet or $5 per set was established for the maps Mr. Hays has made up showing County road numbers.
juvenile – county buildings
Engineer Hays reported that the electric bill at the Juvenile Shelter for October was $130 and for November $87; consequently, it is his belief that the high electric bill is caused from the air conditioning system.
roads
The schedule showing the status of the County’s secondary funds as of September 30, 1963 was filed and a copy given to each Commissioner.
permits – use
Engineer Hays filed the following Use Permits to Florida Telephone Corp:
No. 9 for construction and maintenance of buried cable paralleling and crossing County Road 3-3267.
No. 10 for construction and maintenance of buried cable paralleling and crossing County Road No. 3-3266.
No. 11 for construction and maintenance of buried cable paralleling and crossing County Road 5-5433.
No. 12 for construction and maintenance of buried cable paralleling Orange Avenue in Lake Gertrude Manor.
No. 13 for construction and maintenance of pole and buried cable paralleling Sunset Drive in Lake Gertrude Manor Subdivision.
No. 14 for construction and maintenance of pole and buried cable paralleling County Road 4-4767.
Also, Use Permit to Florida Power Corporation for construction and maintenance of wood pole line between SR 25 and SR 455.
proposed university site
A letter dated November 13, 1963 from the Board of Control of Florida was read by Clerk Owens at which time he advised that the visitation board had again visited the proposed site. Chairman Dykes requested the Clerk to write a letter of appreciation to Mr. Charles P. Lovell for the use of his jeep for this tour.
civil defense
Resignation from Karl Lehmann as Civil Defense Director was accepted on a motion by Commr. Babb, seconded by Commr. Livingston; WHEREUPON, the following resolution was adopted:
WHEREAS, Karl Lehmann, who has long and faithfully served Lake County as Secretary of the Lake County Chamber of Commerce with great honor and distinction, has been in addition to said duties, the Director of Civil Defense for Lake County since the creation of that office, in line with the authority for such office established by the National Government of the United States, and
WHEREAS, the said Karl Lehmann has served in that capacity ever since the creation of said office, without compensation, and has devoted a great deal of his time to the organization and establishment of Civil Defense Units throughout the County and has been most helpful in the organization of Civil Defense in Lake County, and
WHEREAS, the said Karl Lehmann has tendered his resignation as Director of Civil Defense for Lake County for the reason that the requirements of said office are becoming increasingly greater and encroaches upon the time of the said Karl Lehmann as Secretary of the Lake County Chamber of Commerce;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that this Board express to Karl Lehmann its sincere appreciation and thanks for his loyal and unselfish service to Lake County and the people of Lake County, as its Civil Defense Director, that it express to him appreciation for the long and distinguished services rendered in that office and that we commend him for his unselfish devotion to duty.
On the recommendation of Chairman Dykes and on a motion by Commr. Cowart, seconded by Commr. Theus and carried, Mr. Waldron F. Schanz was employed as Civil Defense Director effective January 1, 1964 at a monthly salary of $300 and a maximum of $100 travel allowance.
hospitals
An application of Genevieve Cordelia Dexter for admission to the Tuberculosis Hospital was approved on a motion by Commr. Theus, seconded by Commr. Cowart.
On a motion by Commr. Cowart, seconded by Commr. Livingston, the action of the Chairman and Clerk in approving applications of John Home Florence and James McClain to the Tuberculosis Hospital was approved.
CANCELLATION of warrants
On a motion by Commr. Babb, seconded by Commr. Livingston and carried, the Clerk was authorized to cancel Warrant #153 drawn on the General Fund in the amount of $12 payable to Dr. Roger Phillips for incompetency examination, which had been paid by the executor.
checks received
On a motion by Commr. Babb, seconded by Commr. Cowart, a check from B. E. Thompson Furniture Company in the amount of $12 for six (6) empty drums was accepted, and the Clerk was authorized to deposit same to the General Fund.
accounts allowed
On a motion by Commr. Theus, seconded by Commr. Babb and carried, the payrolls for the month of November were approved.
On a motion by Commr. Livingston, seconded by Commr. Babb and carried, the payroll for the Clerks and Inspectors at the Special Election was approved.
communications
A letter from County Judge Milton regarding developments in habeas corpus proceedings was read and filed.
A note of appreciation from the family of Mrs. May A. Theus was read and filed.
A letter from the Florida State Board of Health to Richard O. Newman regarding the Southernaire Trailer Park was filed.
A letter and resolution from the Small Business administration was filed.
A copy of a letter from the Game & Fresh Water Fish Commission to the City of Tavares regarding a boat ramp on Lake Dora was read and filed.
A report from the County Agency and Assistants for the month of November and also a Special Report were filed.
A report from the Home Demonstration Agent and Assistants for the month of November was filed.
The County Judge’s Fines, Forfeitures & Cost Report for November was filed.
There being no further business to bring before the Board, the meeting adjourned at 4:30 P.M.
___________________________________ ______________________________
CLERK CHAIRMAN