MINUTES OF regular MEETING OF THE BOARD OF COUNTY CommISSIONERS

monday – january 5, 1959

 

The Board of County Commissioners met in regular session in the County Commissioners’ room in the Courthouse at Tavares on Monday January 5, 1959, with the following present:  Chairman Simpson; Commrs. Theus, Cowart, Hooten and Cross,  Attorney Duncan and Clerk Owens.

The Board was called to order by Chairman Simpson.

On motion of Commr. Theus seconded by Commr. Hooten and carried, the Minutes of November 10 on page 293 through 294 and Minutes of December 1st, 8th and 15th were adopted as read.

            Clerk Owens reported he had approved, since the meeting on December 1st, the following Notary Public Bonds with American Surety Company of New York:  Helen W. Malone 12-1-58; Mildred O. White 12-3-58; Mrs. P. V. Harris 12-11-58; A. O. Kreigsman 12-12-58; Marion E. Sullivan 12-15-58; Harriet M. Shelfer 12-17-58 and Mary T. Gammon 12-31-58.

            Carolyn C. Peck 12-17-58 with American Fire & Casualty Company.  Alice F. Smart 12-11-58 with U. S. Fidelity & Guaranty Company.

            The Board of County Commissioners approved the Notary Public bond of Neal D. Huebsch with American Fire & Casualty Company as surety.

Harold Peters and Mr. Seigle appeared before the Board re:  re-subdividing a portion of Twin Lakes Subdivision on the west side of Haines Creek.  Mr. Seigle stated this is definitely a white subdivision.  Mr. Duncan stated the road has to be 60 feet wide.

Commr. Hooten filed two deeds – one from Bessie E. George, widow and one From J. H. Long and wife – to Lake County for land in Section 36-19-25 to be used for road purposes only, Green’s Cove.

Motion by Commr. Hooten seconded by Commr. Cowart and carried, that the deeds be accepted and that the lands described therein to be used for road purposes and to be a portion of public road; and that upon accepting and recording of said deeds that the lands described therein be declared a portion of a public road.

Clerk Owens reported that he received on December 19, 1958 checks as follows for black topping clay road from cemetery to and through Green’s Cove to end of County R/W; Paul W. Sullivan $180.00; J. W. McDowell $100.00; Balance due $2,570.00.

Commr. Theus filed deed from the Town of Fruitland Park to the State of Florida deeding certain property for park purposes – for use of Florida Board of Parks, upon condition that the State of Florida and Historic Memorials shall maintain said premises for the use of a park or recreational purposes.

Petition of Joe Priest and 24 others requesting the establishment of a public road having been filed and Frank R. Gause, H. L. Alexander and A. J. Ballash, having heretofore been appointed Viewers to mark out the route for said public road, and the said Viewers having made their report on same recommending the establishment of said road and said Report having been advertised for objections and no objections having been filed, thereupon, it was moved by Commr. Hooten seconded by Commr. Cowart and carried, that the following described route be and the same is hereby declared to be a public road.

Commence at the North end of Mansfield Road at its junction with the County Road West of the old Dora Canal Bridge connecting with Lake Avenue in the Town of Tavares and run thence Southerly and across the right of way of the Seaboard Air Line Railroad, thence Southwesterly along and adjoining the right of way of the Seaboard Air Line Railroad to the West boundaries of Lots 6 and 7 of Camp Subdivision in the Town of Tavares, thence Southerly along the West boundaries of Lots 7, 6 and 5 to the Southwest corner of Lot 5, thence West along the South boundary of Lot 4 in Camp Subdivision to the Southwest corner thereof, thence  South along the East boundary of Sec. 31, Tp. 19 S., R. 26 E., to the waters of Lake Dora.

 

ALSO, Commencing at the point where the “County Drive,” according to a point of “West Shore,” a subdivision in the NE ¼ of SE ¼ of Sec. 31, Tp. 19 S. R. 16 E., lying East of the Railroad right of way intersects the East Boundary of said Sec. 31, run thence Southwesterly, Westerly and Southwesterly along “County Drive” to a point where the present road crosses the Seaboard Air Line Railroad right of way, thence Westerly along the present clay road to State Road 19.

 

Mr. Simpson read a letter from Roy Christopher, Attorney re:  Brodecheck and Reedy Rds.

Mr. Simpson read a letter from Chas. Goodson, re:  Zoning School:  Motion by Commr. Cross seconded by Commr. Cowart and carried that Chas. Goodson, County Engineer, be authorized to attend the Zoning School in Tallahassee February 18, 19 and 20, at County expense.

Mr. Simpson read a letter from Mr. Lehmann stating Col. Lauben has his study ready to present to the Board and present officials of Civil Defense in Lake County and can meet in Lehmann’s office, if agreeable to the Board, at 1:30 o’clock Wednesday afternoon, January 7. Clerk Owens reported that Districts 2, 3 and 5 have not made appointments for anyone to represent the districts.

Mr. Simpson read a letter from Dr. Hall stating the State Board of Health will have a representative here tomorrow to look over the Villa Dora Hotel.

Mr. Duncan read a letter from Irving Morse, Attorney for Hamlin Estate, re:  The Duncan-Hamlin building.  Mr. Duncan said he would make no recommendation re this letter as he is interested in the building.  Mr. Theus thinks should include the purchase of this building in next year’s budget.  Mr. Duncan said he would be willing to trade a lot he owns in this block for one the County owns in the block.  A year’s option for $1500.00 on the building was discussed.  Mr. Simpson suggested that Mr. Duncan get a ruling from Attorney General as to Duncan’s status in the sale before taking any action.  Mr. Duncan said he would do this.

Motion by Commr. Cowart seconded by Commr. Hooten and carried, that the action of the Board in locating the ASC office in the Professional Building belonging to J. C. Hunter, at a monthly rent of $40.00 starting as of January 1, 1959, be approved.

Dr. Hall appeared before the Board and introduced Dr. Frank Mangum, dentist, whom the State Board of Health has employed to work in Lake County.

Motion by Commr. Hooten seconded by Commr. Cowart and carried, that Clerk Owens be authorized to execute the typical section on Job No. 11590-3601 SR 19 (Lake Dora Canal Bridge and Approaches).

Clerk Owens read a letter from Mrs. Edith Y. Barrus, District Home Demonstration Agent, expressing appreciation for cooperation in confirming the selection of Miss Nancy Sharp, to replace Mrs. Mary Jane Rowley, as Assistant Home Demonstration Agent.  Mr. Owens also read a letter of appreciation from Mrs. Rowley re cooperation of the Board while she was working in Lake County as Assistant Home Demonstration Agent.

The following checks were filed with the Board:

D-1 – from Orange Memorial Hospital – refund of overpayment account                                   John D. Gavin - $5.00.

            From Orange Memorial Hospital refund on account of Charlie L.                                 Peeples - $175.00

            From C. E. Patrick for purchase of pipe $30.00

D-3      John T. Ezzard Sr. purchase of pipe – Clermont Groves $44.00

Mr. Johnson appeared before the Board re proposed plat of Minneola Hills within the City of Minneola.  Mr. Duncan informed Mr. Johnson he should get the approval of the Town Council and the Board does not have anything to do but accept the Plat.  Should have title policy or an opinion of an Attorney to present to the Board, also letter from Health Department.

Mr. Hooten said he would notify Welborn Daniel to send in title policy on Lake Susan Home sites by January 12th.  Also he would remind him to send in the Resolution to be adopted closing two roads in the Clermont area.

*Motion by Commr. Hooten seconded by Commr. Theus and carried, that the application of Lottie E. Peters for duplicate tax sale certificate No. ___ dated the 31st day of May 1957 in the sum of $3.37 covering Lot D-1 Hanson’s Addition No. 1 Plat Book 9 page 64 be approved.

R. G. Cassady, Tax Assessor, filed with the Board Certificates of Correction of Errors on the 1958 Tax Roll Lake County numbered 234 through 261 inclusive, in accordance with instructions from the State Comptroller’s Office.  Motion by Commissioner Theus seconded by Commr. Hooten and carried, that the Certificates of Correction of Errors on the 1958 Tax Roll Lake County numbered 234 through 261 be approved; and the two copies of the letter of transmittal be approved and returned to the Tax Assessor and the original letter and certificates be filed with the Board.

Clerk Owens filed copy of Additional Title Report by Lake Abstract & Guaranty Company on SR 500 Sec. 1123-101; also additional title report on three items required for drainage same Section; and original Title Report on Sec. 11683 Job 2601, SR S-44-B prepared by Inland Abstract & Title Company.

Clerk Owens filed executed copy of the approved typical section Job No. 11640-3601-02-44 SR S – 33 Dixie Avenue – Canal Street to SR 500 at E. Limits of City of Leesburg, 1.2 miles in length, budgeted amount $421,000.00.

Clerk Owens read and filed telegram from A. C. Church re:  S-505(1) 11650-3150; 11530-3152 S-468; S-466-A; 46-A, 44 24 25 bid $137,579.53 awarded Contract to J. D. Manly Construction Company of Leesburg.  Tabulation of all bids also filed.

Motion by Commr. Theus seconded by Commr. Hooten and carried, that the action of Clerk Owens in notifying the State Road Department that the Board concurs in its awarding the contract to J. D. Manly Construction Company of Leesburg in the amount of $137,579.33 on the above mentioned roads be approved.

Clerk Owens read a letter from Felix O. Bullard, OYF Chairman, Florida Junior Chamber of Commerce, Monticello, Florida re – Outstanding Young Farmer Program.  Said letter was referred to County Agent Norris.

Clerk Owens read a letter from State Board of Administration re:  Distribution of surplus gas tax funds estimated to become available during the calendar year 1959, on basis of 80% to the State Road Department and 20% to County Commissioners.  Amount estimated to be available during 1959 for Lake County is $600,000, 80% of which would be $480,000 and 20% of which would be $120,000 – said amount to be distributed monthly.

Clerk Owens read excerpt from Digest of recent opinions of Attorney General as follows:  County Commissioners:  Real property; violations;  Sections 839.07 and 09, Fla. Statutes, Gordon G. Oldham, Jr., State Attorney, Leesburg, was advised by the Attorney General that it is unlawful for the County to purchase land from a corporation in which a member of the County Commissioners is an officer or stockholder.  058-324 Dec 5, 1958.

Mr. Duncan filed copy of appraisal of Ransford A. Potter, F. H. McGill and W. B. Gibson on SR-468, Sec. 11650-3150 Fruitland Park to Montclair, grand total $35,766.02.

Motion by Commr. Theus seconded by Commr. Hooten and carried, that the appraisal of Ransford A. Potter, F. H. McGill and W. B. Gibson on SR-468 in the amount of $35,766.02 be accepted.

Mr. Duncan discussed a letter to Commr. Hooten re:  the overflow of water on Road 27 in Clermont and stated he will answer the letter.

Mr. Duncan stated that at the December meeting the problem of a new plat law was presented, and I wrote letters to various attorneys re the plat law and have received 3 replies stating they are in favor of our plat law.  A meeting should be held and should have the proposed plat law presented at the March meeting to be held by the Legislators.

Clerk Owens reported that Truman Moorhead has spoken to him about purchasing the old mimo-machine from the County for the Tavares Lions Club.  Whereupon, on motion of Commr. Cross seconded by Commr. Hooten and carried, Clerk Owens was authorized to sell the old mimo-machine to the Tavares Lions Club for the price of $10.00.

Clerk Owens was instructed to find out what the cost would be to re-cover the table in the Commissioners’ room with sheet rubber.

Clerk Owens filed list of Eustis City Firemen who are exempt from Jury Duty.

Motion by Commissioner Hooten seconded by Commissioner Cowart and carried, that the payroll for December be approved.

The following letters were filed with the Board:

1.     Lake County Health Department re:  Governor’s Citizens Medical Committee.  No action taken.

2.     Docket Nos. 5568-XP and 5583-RR Fla RR & Public Utilities Commission re:  Hearings on applications of Railway Express Agency, Inc. for authority to increase its intrastate express rates; application of RR operating in Fla for authority to increase their intrastate freight rates.

3.     Letter from Wilson T. Sowder, State Health Officer “Season’s Greetings.”

4.     Florida State Board of Health Permit to construct Water Supply Well granted to Central Fla.

5.     Well Drillers No. 1760 – owner of proposed Well – Lake County Board of County Commissioners, FEO, Clerk.

6.     Karl Lehmann, Chr-Director of Lake Co Defense Council addressed to each member of Bd & Duncan and Owens enclosing copy of letter from Col. Tarkington re:  increase of expenditures.

7.     Copy of letter from Lehmann to Admiral C. E. Aldrich, Executive Officer, Fla Civil Def. Re:  Mobile Unit Hospital at Umatilla.

8.     Copy of letter from Lehmann to Roy Walker re:  Rodeo Corral and bleacher seats to be erected at the Fairgrounds for use during the 1959 Washington Birthday celebration – Feb. 19-21.

The following reports were filed with the Board:

1.     J. C. Hunter – County Service Officer

2.     R. E. Norris, County Agent, and Reports of Assts Bass and Connell

3.     Marian Valentine, Home Demo. Agent, and Reports of Assts Rowley and Frier

Clerk Owens announced the Board should meet tomorrow for organizing the Board, whereupon on motion of Commr. Cowart seconded by Commr. Theus and carried, the Board agreed to meet at 11:00 A.M. Tuesday, January 6th, to organize the new Board.

TAVARES, LAKE COUNTY, FLORIDA,

            We the Board of County Commissioners in and for the County of Lake in the State of Florida do hereby certify that the following is a true and correct list of the names of the persons drawn or selected by each of us for jury duty to serve in the Circuit Court of the Fifth Judicial Circuit of Florida, in and for said County of Lake for the year 1959; that each of us has personally selected and verified said list; and that said persons named have the qualifications required by Section 40.01 Florida Statutes according to the best of our knowledge, information and belief.

/s/ Cecil C. Theus

/s/ Fred Cross    

/s/ J. H. Hooten

/s/ O. M. Simpson

/s/ J. C. Cowart

 

(SEE PAGE 315 of COMMISSIONERS’ MINUTES BOOK 17, LAKE COUNTY, FLORIDA FOR JURY DUTY LIST)

Mr. Duncan filed proposed agreement between Atlantic Coast Line Railroad and Lake County, in duplicate, whereupon on motion of Commissioner Cowart seconded by Commissioner Hooten and carried, the following was ordered and spread upon the minutes.

“It is hereby ordered by the Board of County Commissioners of Lake County, Florida that the form of agreement between the said County and the Atlantic Coast Line Railroad Company dated December 5, 1958, by the provisions of which the said Railroad Company grants to the said County right or license of improving and maintaining a public road or street crossing at grade across the right of way and track or tracks of the Atlantic Coast Line Railroad Company, at Okahumpka, Florida, at a point 1054 feet northwestwardly, measured along the center line of the Railroad Company’s Palatka-Brooksville main track, from mile post S-806, as particularly described in said agreement and as more fully shown on the blueprint attached to and made a part of said agreement, be and the same is hereby approved.”

“Further that the Chairman and Clerk of said Board of County Commissioners are hereby authorized and directed to execute said agreement in the name and on behalf of said County.”

Motion by Commr.  Hooten seconded by Commr. Theus and carried, the following Resolution was adopted:

WHEREAS, JAMES ALLISON ADKINSON and MYRA ADKINSON PICKARD, as Trustees under the Last Will and Testament of W. Hal Adkinson, deceased, have filed a petition with the Board of County Commissioners of Lake County, Florida, requesting said Commission to abandon, vacate, discontinue, close, renounce and disclaim any rights of the County and public in and to the rights-of-way of the following described roads located in Lake County, Florida, to-wit:

That part of that certain undedicated clay road bordering Lake Minneola in Section 11 and Section 12 of Township 22 South, Range 25 East, being the same undedicated clay road replaced by State Road 561-A and measuring a distance of approximately one mile.

 

ALSO, that certain undedicated clay road formerly State Road 561-A and that certain clay road known as Apshawa and Cherry Lake Road, running along the East-West section line dividing Sections 11 and 12 and Sections 1 and 2 of Township 22 South, Range 25 East, otherwise known as Jalarmy Road, a total distance of three-quarters of a mile.

 

AND WHEREAS, the said petitioners are the owners of all of the property abutting said described roads; and

WHEREAS, due notice of said petition and hearing on same was published in the Clermont Press in accordance with the law prior to said hearing and Proof of Publication of such publication was submitted to said Board of County Commissioners of Lake County, Florida:

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida:

1.         That the petition hereinabove mentioned is granted and the County of Lake does hereby abandon, vacate, discontinue, close, renounce and disclaim any right of the County and the public in and to the rights-of-way of the following described roads located in Lake County, Florida, to-wit:

That part of that certain undedicated clay road bordering Lake Minneola in Section 11 and Section 12 of Township 22 South, Range 25 East, being the same undedicated clay road replaced by State Road 561-A and measuring a distance of approximately one mile.

 

ALSO, that certain undedicated clay road formerly State Road 561-A and that certain clay road known as Apshawa and Cherry Lake Road, running along the East-West section line dividing Sections 11 and 12 and Sections 1 and 2 of Township 22 South, Range 25 East, otherwise known as Jalarmy Road, a total distance of three-quarters of a mile.

 

APPROVED this 5th day of January 1959 at Tavares, Lake County, Florida.

 

                                    BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY

                                    BY:  ________________________________________________

                                                Chairman of said Board

 

ATTEST:

Clerk of said Board

 

On motion of Commissioner Theus seconded by Commissioner Cowart and carried, the Board adjourned to 11:00 o’clock A.M. Tuesday, January 6, 1959.

 

 

/s/ Frank E. Owens                                                                                                                                           /s/ O. M. Simpson

CLERK                                                                                                                                                           CHAIRMAN