MINUTES OF regular MEETING OF THE BOARD OF COUNTY commissioners
monday, november 3, 1958
The Board of County Commissioners met in regular session in the County Commissioners Room in the Courthouse at Tavares on Monday, November 3, 1958, at ten o’clock a.m., with the following present: Chairman Simpson; Commissioners Theus, Cowart, Hooten, and Cross; Attorney Duncan; and Clerk Owens.
The Board was called to order by Chairman Simpson.
The Minutes of the meetings of October 6, 13, and 27 were adopted as read on a motion by Commr. Cowart, seconded by Commr. Cross and carried.
notary public bonds
Clerk Owens reported he had approved since the first meeting in October the following Notary Public Bonds with American Surety Company of New York:
P. V. Harris 10-27-58, W. B. Hunter 10-27-58, John F. Cherry 10-27-58, and Bette Jane Wagner 11-3-58.
With United States Fidelity & Guaranty Company the following: H. G. Morse 10-14-58; with American Casualty Company of Reading, Pennsylvania: Clyde Layne 10-23-58; and with American Fire & Casualty Company: Clayton J. Weir 10-29-58.
On a motion by Commr. Cross, seconded by Commr. Cowart and carried, the Payroll for the month of October was approved.
Karl Lehmann appeared before the Board regarding Civil Defense and presented the publication of the County Plan and requested that the Board adopt a resolution approving the Operational Survival Plan. Commr. Simpson stated this plan has been adopted by all counties in this area. We have attended a meeting in Orange County, and I think this resolution should be adopted. Dr. Hall said 400 beds in two units have been applied for. Do not know when or if we are going to get the two units. Only 30 units to be in the state. Mr. Lehmann stated that the Mount Dora Post has advised it is not in a position to take care of one of these units. WHEREUPON, on a motion by Commr. Theus, seconded by Commr. Cross and carried, the following Resolution was adopted:
WHEREAS, the political, economic, and cultural aspirations of the world powers are at hostile variance, and
WHEREAS, a coalition of political entities opposed to the principles and policies espoused by the free nations of the world has embarked in open hostility upon a campaign to eliminate from political dogma such principles and policies, and
WHEREAS, the United States of America occupied a position of prominence among the free nations of the world so threatened, and
WHEREAS, subterfuge, deceit, and maneuvering for political and economic advantages, as daily practiced by our adversaries, may momentarily give way to violent force, and
WHEREAS, our adversaries possess the means for inflicting extensive damage and suffering upon the continental United States, for which no adequate block has yet been devised, and
WHEREAS, recovery and survival of the nation is dependent upon comprehensive planning to preserve and sustain life, to perpetuate democratic government, and to restore order, and
WHEREAS, the United States of America and the State of Florida have each promulgated laws and plans for the mobilization of civil forces, conservation of resources, and coordination of efforts to protect life and property; and
WHEREAS, the Civil Defense Council of Lake County has proposed an Operational Survival Plan anticipating enemy attack, which plan is dated 1 July 1958 and is in conformity with the Statutes of the State of Florida contemplating the adoption of such plans in all counties of the State.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners in regular session assembled that the County of Lake shall and it does hereby confirm and adopt the said Operational Survival Plan dated 1 July 1958, a copy of which, identified by his signature, shall be placed on file with the County Clerk.
Passed and duly adopted this third day of November, 1958, A. D.
(Signed by Frank Owens, Clerk and Commr. Simpson, Chairman)
Mr. Simpson stated he has a request from Mr. Lehman for a check for $150 for the cost of Col. Lauben in working out the above details.
On a motion by Commr. Theus, seconded by Commr. Cowart and carried, a warrant in the amount of $150 was drawn to Karl Lehmann for the cost of Col. Lauben’s work.
Fred Tanner and Lewis Barkley appeared before the Board regarding paying for the bulldozer for garbage disposal which was bought several months ago. Mr. Duncan said he talked to the Attorney General in Tallahassee about this, and he said in the law the Health Department could not pay for the bulldozer. He finally came up with the suggestion that we might rent the bulldozer and enter into a lease option whereby the County could lease the equipment this year and next year put it in the budget. Mr. Barkley stated they would like something in the way of a rental contract. Mr. Duncan said he is willing to submit this proposition to the Budget Commission again. Mr. Barkley suggested that it be set up on a 20-month rental purchase deal. Dr. Hall suggested that they work it out on a 12-month basis.
Dr. Hall stated the Leesburg Clinic should be covered with insurance. Commr. Theus suggested that the First National Company of Leesburg be contacted regarding this insurance.
Mr. Doyle presented the Plat of Emerald Subdivision which has been accepted by the Town of Fruitland Park. A letter from the Health Department was filed. Mr. Duncan recommended the acceptance of the Plat; WHEREUPON, on a motion by Commr. Theus, seconded by Commr. Cowart and carried, the Plat of Emerald Subdivision was approved.
On a motion by Commr. Hooten, seconded by Commr. Cowart and carried, the Clerk was authorized to advertise in the Tavares Citizen for bids for the purchase of lime rock.
Mr. Duncan read the Report from Attorney General Richard W. Ervin regarding the County Tax Levy for Junior Colleges. Excerpts from this Report are as follows: “There appears to be no authority for the Board of County Commissioners to transfer funds raised by County ad valorem taxation to the County School Fund. However, I point out that the surplus of the excess fee fund may be so transferred (Section 145.05, Florida Statutes) and that any available county race track funds might be transferred to the county school funds. If these two sources are inadequate to provide the necessary funds for this program, it appears that additional legislation would be necessary to authorize the Board of County Commissioners to transfer county ad valorem funds to the county school fund (Chapter 57-1134, Laws of Florida, is an example of the type of legislation which would be necessary to authorize such a transfer.”)
The above matter was discussed, but no action taken.
Mr. Duncan filed the appraisal of L. W. Huey, Lee Howard, and H. B. Harrell, Jr., in the amount of $4,494 on Parcels 3, 4, 5, and 7, said parcels being additional width and outfall ditch necessary for right of way for continuation of pavement, State Road S466A, Section 11530, old road 25-500 and new road 25-500 north side of Fruitland Park; WHEREUPON, on a motion by Commr. Theus, seconded by Commr. Cross and carried, the said appraisal was accepted.
County Engineer Goodson reported on the bids for drilling a well on the proposed location for the Old Folks Home at Astatula and recommended that the bid of Central Florida Well Drillers – George H. Stewart, owner – be accepted; WHEREUPON, on a motion by Commr. Hooten, seconded by Commr. Theus and carried, the bid of Central Florida Well Drillers – George H. Stewart, owner – Orlando, in the amount of $1,496 for drilling a well on the proposed location for the Old Folks Home at Astatula was accepted, and the Chairman and Clerk were authorized to execute the contract, and the Clerk was authorized to return the Cashier’s check in the amount of $105.30 drawn on the First National Bank of Orlando, which was submitted with the bid of Meridith Corporation, the high bidder.
Commr. Cross filed a deed from Victor Roepke and wife to Lake County for the right of way. The Clerk was instructed to record same.
Clerk Owens filed a copy of the Economic Study of Selected Rural Areas of 4 Counties – Flagler, Lake, Marion, and Seminole – prepared by First Research Corporation for the Florida Development Commission.
Mr. Goodson stated the Zoning Committee had a meeting last Thursday and will have a preliminary series of hearings. They need to hire a draftsman who will not be interrupted to do the work. It will take about 170 hours and cost about $3 per hour. On a motion by Commr. Theus, seconded by Commr. Cowart and carried, Mr. Goodson was authorized to hire a draftsman and present the bill for drafting expense made out to Goodson.
Commr. Hooten stated that he wants to appoint E. B. Guilford on the Zoning Committee to take the place of Charles Roe and Andy Caldwell to take the place of Mrs. Virginia Duncan, as L. L. Coven who was previously appointed in her place could not serve.
The County Engineer discussed with the Board the route of the proposed gas line through Lake and adjoining counties. This will be a regular easement. Mr. Goodson will make further report on this gas line as soon as he gets the information.
the sewerage disposal system for the old folks home discussed
Mr. Goodson thinks the sewerage disposal should be taken as a separate item and put in after the Home is under construction.
Paying for meals for the Election Boards was discussed and held in abeyance until a later date, perhaps just before the next election.
A Negro cemetery north of Mount Dora was discussed. Commr. Simpson reported that a ditch has been dug across the road and cannot get into the cemetery. Mr. Duncan and Commr. Simpson are to investigate this matter and if possible find out who dug the ditch and who owns the land.
Commr. Simpson filed with Mr. Duncan an Abstract on the Clapp property. The property is advertised for sale on November 10, at which time the appraisals of Wingler & Murray will be filed.
petition for abandonment of public road
A petition for abandonment of a public road signed by Floyd L. Land was filed with the Board as follows:
TO: The Honorable Board of County Commissioners of Lake County, Florida
The undersigned petitioner respectfully requests your Honorable body to close, vacate, and abandon the following public street:
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.
and renounce and disclaim any right of the county and Public in and to the above-described public street, described on any recorded map or plat as a street, and the title of the abutting fee owners thereto shall be free.
WHEREFORE, your petitioner prays that this Honorable Body pass a resolution setting forth a time for public hearing for the purpose of considering and taking appropriate action to close, vacate, an abandon the above-described street, all in compliance with Chapter 336, General Laws of Florida, 1955, the petitioner being the only fee owner of the abutting lots, parcels, or property of said Eighth Street.
WHEREUPON, on a motion by Commr. Cross, seconded by Commr. Cowart and carried, the following resolution was adopted:
BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, in regular meeting duly assembled at Tavares, Florida, this 3rd day of November, A. D. 1958.
1. That the Board of County Commissioners of Lake County, Florida, pursuant to the Laws of the State of Florida, will hold a public hearing at the hour of 10 a.m. on the 1st day of December, A. D. 1958 for the purpose of consideration and taking appropriate action to close, vacate, and abandon the following portion of a public street in Lake County, Florida, to-wit:
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;
2. That notice of said public hearing on the 1st day of December, 1958 be published one time as required by Chapter 336, General Laws of the State of Florida 1955 at least two weeks prior to the date of said hearing as aforesaid and that proof of publication be presented to this board on the date of said public hearing.
Mr. Henry Pringle, Attorney, appeared before the Board and presented a Petition for Issuance of Deed, which was read, discussed, and ordered filed. Commissioners Cowart and Hooten stated they will go out and look at the land and make a report to the Board.
The appraisal of right of way for SR 500, Section 1123, the Amendment to Appraisal signed by Huey, Howard, and Harrell was filed. Said Amendment to Appraisal recommended severance damages be allowed Conrad Beach.
Clerk Owens filed an executed copy of SRD proposed typical Section on SR S44B; location SR 500 N of Mount Dora to SR S44A; length 2 miles; budgeted amount $100,000.
Clerk Owens filed a Title Report regarding Additional Search SR No. S445, Alexander Springs, road Job No. 1161.
Clerk Owens filed an executed copy of Right of Way Contract on Job 11230-2101; SR 25; Section 1123, extending from Lady Lake to the Sumter County line.
Clerk Owens filed an executed copy of SRD proposed typical section Job 11681-3601-02-41; SR S565A – Monte Vista Road SR 50 to SR 33, 6.59 miles, amount $200,000.
Hugh Hanna of the State Road Department and Mr. White of the Forestry Board appeared before the Board regarding Alexander Springs Road approach from Roan No. 445 to the Springs. Mr. Hanna stated if the Board desires that this road be included with Road 445, it will have to be separate from the Forest Fund, as they cannot pay for it. It will cost $9,500. The Forestry Board will furnish the rights of way; WHEREUPON, on a motion by Commr. Cross, seconded by Commr. Theus and carried, the following resolution was adopted:
WHEREAS, by proper proceedings, the State Road Department with the approval of the Board of County Commissioners of Lake County, Florida, have established for construction of State Road 445, Section 11610-2601 (Alexander Springs Road), which passes within a short distance of Alexander Springs, and
WHEREAS, an access road has been included in the plans for said road, commencing at Station 277†11.48 and continuing in a northerly and easterly direction for the convenience and access of the traveling public to Alexander Springs, but which was not contemplated in the original proposal, and
WHEREAS, the Board of County Commissioners is informed that the Forestry Department of the United States government cannot under its present authority join in the payment of the cost of construction of such access road, and it is determined by the Board of County Commissioners that such access road is necessary for the convenience of the traveling public;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the State Road Department be requested and instructed to include in its plans for construction of the above road, the access road, commencing at Station 277†11.48 and continuing northerly and easterly for a distance of 1,250 feet and that the cost of the construction thereof be paid from secondary gas tax monies due Lake County.
land for park purposes
Mr. Duncan stated a resolution was prepared and put in the Minutes on September 2nd showing the land around Clermont which was acquired for park purposes, and it was understood that the Board would give notice to the public for right to be heard. Therefore, the Clerk was instructed to have published in all papers in Lake County the following as a new item:
Several weeks ago, a proposal was made to the Board of County Commissioners for the exchange of certain properties located near the City of Clermont. One of the tracts proposed in the exchange was included in the area of lands acquired by Lake County from the Trustees of the Internal Improvement Fund. There was no reservation in the deed, but the tract is generally referred to as a bird sanctuary. The major portion of this land is located in the low swampy area lying west of the City of Clermont.
At the time, the proposed exchange of properties was brought up for consideration, a delegation of people from Clermont appeared before the Board and objected to the disposal of any portion of the lands included in the so-called bird sanctuary, and it was recalled by members who were on the Board of County Commissioners at the time said property was acquired from the Trustees of the Internal Improvement Fund that the property was intended for park purposes.
Upon the basis of that understanding, a Resolution was adopted declaring that the properties described in the deed above referred to should be held by Lake County for park purposes and not for disposal.
Objections were raised to the adoption of such a Resolution, and it was agreed that a Public Hearing should be held for the purpose of permitting all those interested in the properties to express themselves for or against the reserving of said properties for park purposes.
In accordance with that understanding, the County Commissioners have set aside a portion of the meeting to be held on December 1, 1958 to hear those who are interested in said properties, and those who are opposed to and those who are in favor of the Resolution determining that said properties shall be retained for park purposes.
The public, therefore, is invited to appear at the meeting to be held on December 1, 1958 at 10:00 a.m.
Mr. Duncan stated that the Abstract Company is working on a map of all County-owned lands, but it will be several months before same is completed.
Clerk Owens filed with the Board the following on Job 11680-2601, SR S44B:
Right of Way Contract (in quadruplicate)
State Road Department Resolution
Original, Sepia and 5 prints of map of survey and location
WHEREUPON, on a motion by Commr. Cowart, seconded by Commr. Hooten 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 11680, State Road S44B, extending from a point in Section 19, Township 19 South, Range 27 East, northeasterly and northerly to State Road S44A, 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 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 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.
On a motion by Commr. Theus, seconded by Commr. Hooten and carried, the action of the Chairman and Clerk in approving the following applications for admittance to the T. B. Hospital was approved: Charles Lewis Thornton, William Buress Branton and Buster Freeman.
Clerk Owens reported he has received checks for black topping the clay road from the cemetery to and through Green’s Cove to the end of the County right of way from the following named persons in the amounts as listed:
W. G. Wells $180 Marie King $ 25
Lane Blanton $180 Fred Jay $100
E. W. Herschfield $100 Fred Jay (Lussy) $ 45
A. J. Harnage $100 Ed Blake $180
P. A. Stahlman $100 Bessie E. George 1,002
R. R. McDonald $360 E. A. Evans $100
Dr. S. C. Smith $180 $2,642
BALANCE DUE $3,050
On a motion by Commr. Hooten, seconded by Commr. Cowart and carried, the Clerk was instructed to transfer from the Contingency Item in the General Fund in the 1958-59 budget $600 to Item 249 – Rent of Administrative Office and transfer $600 from the Contingency item in the General Fund to Item 681 – County Agents Salary.
Clerk Owens filed a Certificate of Voting Machine Preparation and inspection on the voting machines to be held in Lake County on November 4, 1958 signed by Katherine L. Baker, Supervisor of Registration, and David G. Heald, Deputy V. M. Custodian.
The Annual Report of the Lake County Sheriff for the year ending September 30, 1958 showing a balance of $11,099.20, with a check in the amount of $2,009.20 was filed with the Board.
the following letters were filed with the board:
Evergreen Memorial Gardens, B. M. Morse, President, regarding the County purchasing an acre of land in cemetery plot for use in burial of paupers
R. J. Riebold, Forest Supervisor, regarding uses – Lake George Borrow Pit no longer being exercised
E. Eugene Page, Assistant Manager, Hospital Construction Department – amount of this payment $4,780, Leesburg Center.
Florida Development Commission regarding sprinkler system for the Lake County Health Center, Leesburg
Copy of letter from Lehmann and Dr. Hall regarding Civil Defense, Hospital Unit
Copy of letter from Lehmann to all Board members regarding the Chamber of Commerce building publicity
Letter from Karl Lehmann regarding appointment of additional member of Defense Council each District
Canaveral Port Authority regarding public hearing on review investigation on Canaveral Harbor at 9 a.m., November 14, 1958 in Titusville
Docket #5499 – Western Union Telegraph Company for authority to increase its rates
following reports filed with the board:
County Service Officer, J. C. Hunter
R. E. Norris, County Agent, and 2 assistants
Mrs. Valentine, Home Demonstration Agent, and 2 assistants.
On a motion by Commr. Cowart, seconded by Commr. Theus and carried, the Amended Budget for 1957-1958 was approved.
(See Pages 285 and 286, Minute Book 17 for budget)
/s/ Frank E. Owens /s/ O. M. Simpson