A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MINUTES OF regular MEETING OF THE BOARD OF COUNTY commissioners

monday – APRIL 13, 1959

The Board of County Commissioners met in regular session in the County Commissioners’ room in the Courthouse at Tavares on Monday, April 13, with the following present: Chairman Simpson; Commissioners Theus, Cowart, Bishop and Cross; Attorney Duncan; and Clerk Owens.

The Board was called to order by Chairman Simpson.

Clerk Owens reported he has approved since the First Regular Meeting in March, the following Notary Public Bonds with:

American Surety Company of New York

Jean B. Lewis 3-4-59; Alick K. Arzig 3-11-59; H. K. Sherrick 3-12-59; Bonnie Lou Odom 3-12-59; Mary A. Fuller 3-23-59; Mildred L. Wilson 4-6-59; Frank W. Stebbins 4-10-59

American Fire and Casualty Company

Fred A. Smith 3-16-59; Lois K. Smith 3-16-59; Mildred G. Bishop 3-16-59; Chester L. Crumm 3-23-59; Ellen I. Willis 3-25-59

United States Fidelity & Guaranty Company

Margaret J. Miller 3-31-59

Motion by Commr. Theus seconded by Commr. Cowart and carried:

D-1 That Mrs. Minnie Dean, R-1, Leesburg be dropped from the list for $25.00

That Mrs. Carrie Gray, c/o Gibson Nursing Home, Lady Lake be dropped for $20.00

That Mrs. Ernestine Hamm, c/o Corine Fletcher Nursing Home, Leesburg be dropped $40

D-2 That no changes be made

D-3 That Mrs. Lena Harden, Ferndale be dropped from the list for $20.00 per month

D-4 That Ollie Riggens, 1704 Highland Ave, Mt. Dora be granted $25.00 per month

D-5 That no changes be made

A delegation of ten citizens who live around Lake Saunders appeared before the Board. Mrs. Mary Conner Dowling spoke for the delegation and requested the County to do something about the overflow from Lake Saunders. Said their gardens are being ruined by the water. She said in the past the County had cleaned the ditch and the water flowed into Lake Dora. Commr. Bishop asked that Mr. Goodson, County Engineer, and Steve Pemberton, Road Foreman in District Three, look into this matter and see what can be done. Mr. Goodson stated he thought it would be a right of way acquisition problem. Mrs. Osteen did not think the party who owns the property on which the ditch is located would be agreeable to opening it. Mr. Bishop said he and Goodson will go look at the ditch. Mr. Simpson told the delegation the Board would do the best we can as soon as can to find out what can be done about opening up the ditch.

Mr. Quayle, representative of Shoup Voting Machine, appeared before the Board re: The Board purchasing additional voting machines before the election in 1960. Clerk Owens read a letter to Mrs. Baker from Shoup re steel strike, recommending to customers that they order any machines anticipated before the strike. Commr. Theus does not think the Board should buy any more machines at this time. Mr. Cross thinks should have machines in all the Precincts. Motion by Commr. Cowart seconded by Commr. Theus and carried that the Board take under advisement the purchasing of additional voting machines.

Chairman Simpson read a letter from Ann Huffstetler, Student Body President of Eustis High School, asking the Commissioners to allow the school to use a voting machine for the election of its student body officers. Would need only one machine.

Motion by Commr. Cross seconded by Commr. Theus and carried, that the Eustis High School be allowed to use one voting machine for the election of its student body officers, provided they call the election far enough in advance to clear the machine from other election, the use of the machine to be furnished without expense to the School. Mr. Quayle said they will print the ballots without cost. Suggested use Armory for voting.

Richard Pounds, salesman for fire extinguishers, appeared before the Board with a sample extinguisher. Price $5.50 each, plus ingredients. The Board agreed to take 45 fire extinguishers, which lowered the price.

L. L. Coven and Bill Hamner appeared before the Board re work that needs to be done on the jail windows. The cost would run about 45 to 50 dollars per window. Motion by Commr. Theus seconded by Commr. Bishop and carried, that L. L. Coven be authorized to fix the windows in the jail at an approximate cost of $50.00 per window.

Clerk Owens presented a bill from Lake Region Packing Assn for $33.55 – advance for transporting James Hardy to New York City. Motion by Commr. Cowart seconded by Commr. Cross and carried that the bill of Lake Regional Packing Assn. be approved.

Motion by Commr. Cross seconded by Commr. Theus and carried, that Clerk Owens presented a bill from Johnson Funeral Home in the amount of $50.00 re: Diane Victrum. Motion by Commr. Cross seconded by Commr. Theus and carried, that the bill be approved.

Motion by Commr. Cross seconded by Commr. Theus and carried, that Clerk Owens be authorized to transfer from the Contingency Item in the General Fund $150.00 to Item No 537 – County Cemetery.

Clerk Owens read a letter from the Sheriff’s Office requesting psychiatric examination of C. Tracy Smeltzer of Leesburg and the County to pay the expense therefore, and the Psychiatrist to be appointed by Judge Hall, Jr. Motion by Commr. Theus seconded by Commr. Bishop and carried, that Judge Hall, Jr. be authorized to appoint a Psychiatrist to examine C. Tracy Smeltzer and the County pay the expense thereof.

Atty. Christopher appeared before the Board and presented the following Petition: TO THE HONORABLE BOARD OF COUNTY COMMISSIONERS:

I, WALTER BROWN, JR., the owner and holder of that part of Blocks 3 and 4 lying North of the right-of-way of Atlantic Coast Line Railway, according to the plat of Sorrento Main Division, as shown upon the public records of Lake County, Florida, do hereby petition for your Honorable Body to close and vacate Oscood Street, lying between Blocks 3 and 4 and North of said railway.

Respectfully submitted,

/s/Walter Brown, Jr.

Walter Brown, Jr.

WHEREUPON, on motion of Commr. Cowart seconded by Commr. Cross and carried, the following Resolution was adopted:

WHEREAS, WALTER BROWN, JR., petitions this Honorable Board of County Commissioners in and for Lake County, Florida, to vacate a certain street; and

WHEREAS, it appears that proof of publication of application and notice for said vacation is contained in said proof and the statutory requirements prior to bringing the same before this Board have been complied with by the said petitioner, WALTER BROWN, JR.; and

WHEREAS, it appears to the Board that said street has not been used as a street, but is merely existent on a plat and not existent on the ground in any manner; and

WHEREAS, it further appears that the said petitioner owns property upon the East and West sides thereof and said street is bounded on the South by the right-of-way of the Atlantic Coast Line Railway and that said street would serve no practical purpose to said County of Lake.

NOW, THEREFORE, be it resolved that this Board of County Commissioners does hereby vacate said street, more particularly described as follows:

That street shown on said plat of Sorrento Main Division, known as Oscood Street lying and being between Blocks 3 and 4 North of the right-of-way of the Atlantic Coast Line Railway, according to the official plat of the said Sorrento Main Division, shown upon the public records of Lake County, at Tavares, Florida.

Be it further resolved that the said ½ upon the East and the ½ upon the West shall inure to the respective owners thereof pursuant to operation of law.

RESOLVED in the regular meeting on this the 13^th day of April, A.D. 1959.

O. M. Simpson

Chairman, Board of County Commissioners

ATTEST: Frank E. Owens

Clerk of the Circuit Court

Motion by Commr. Cross seconded by Commr. Cowart and carried that the typical section for the design of Job No. 11684-3601-02-41, SR S-450 (SR 19, S. of Umatilla, to SR S-44-A) be approved.

Clerk Owens read a letter from State Road Department in reply to his letter to it re: the typical section for the design of Job No. 11580-3601-02-41, SR 44-A from SR 44-A to SR 46;

WHEREUPON, on motion of Commr. Theus seconded by Commr. Bishop and carried, the following Resolution was adopted:

WHEREAS, State Road Department has presented to the Board of County Commissioners of Lake County, a proposed typical section for State Job Number 11580-3601-02-32, on Road 44-A in Lake County, to commence at SR 44-A and running to SR-46 (East of Cassia Station), a distance of 5.4 plus or minus miles;

WHEREAS, the Board of County Commissioners approved said typical section, provided the same will commence at a point approximately One and One-Quarter (1-1/4) miles East of the intersection of S-44-A with State Road SR-437, and continue Southeasterly to intersection with SR-46 on the North side of the A. C. L. Railroad track.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the proposed typical section for State Job Number 115080-3601-02-31 on State Road 44-A be approved, subject to the location thereof as above described and that the Clerk of the Circuit Court be, and he is hereby authorized to execute the Certificate located at the top of the said proposed typical section.

Motion by Commr. Theus seconded by Commr. Bishop and carried that the bill in the amount of $66.00 for expenses of Nancy Sharp, Asst. Home Demonstration Agent, and Leaders to Leadership Camp Cherry Lake be approved.

Motion by Commr. Cross seconded by Commr. Bishop and carried, that the request of James C. Hunter, County Service Officer, for one 4-drawer Shaw-Walker file cabinet at a cost of $110.00 be approved. (This price delivered)

Motion by Commr. Cowart seconded by Commr. Theus and carried, that the request of the County Chamber of Commerce for $4,000.00 be approved.

Don Kemp appeared before the Board and reminded the group of the meeting at 2:30 PM in the Home Demonstration Building of the Agricultural Committee to discuss the proposed agricultural building. The Board adjourned to attend the meeting.

Clerk Owens brought to the attention of the Board the estimate of Ned Vick to replace the cooling tower of the air conditioner on top of the Courthouse in the amount of $420.00. Motion by Commr. Theus seconded by Commr. Bishop and carried, that Ned Vick be employed to replace the cooling tower of the air conditioner at a price of $420.00.

Commr. Bishop reported he wants to advertise for sale of an old trailer in Dist. No. 3. Commr. Cross said he could use the trailer in Dist. No. 5. WHEREUPON, on motion of Commr. Bishop seconded by Commr. Theus and carried, Commr. Cowart was authorized to move the trailer from District 3 to District 5.

Commr. Theus filed checks as follows:

Orange Memorial Hospital to Board $97.55 refund on Esther Freeman

$76.00 refund on Tillie Bender

H. S. McKinney to Board $81.00 for payment of 9 tons of asphalt to repair roads in grove.

Mr. H. L. Pringle, Attorney filed the following Petition to Close Road:

Comes now Mary P. Stallings and respectfully shows unto the Board of County Commissioners of Lake County, Florida, that she owns an undivided interest in the lands described as follows:

The West Quarter of Northeast Quarter; the West 20 feet of East Half of West Half of Northeast Quarter; the East Quarter of Northwest Quarter and the Northeast Quarter of Southwest Quarter, all being in Section 26, Township 18 South, Range 24 East, in Lake County, Florida.

That in various deeds from Lake County Land Owners’ Association and their successors in title, 15 feet was reserved on each side of the section and half section lines as the same run through the above described property, for public road purposes; that there are no roads along any of said section or half section lines; that there is no prospect that there ever will be any roads along said line nor is there any apparent need at this or any other time for the existence of said roads.

That the ownership of other parts of said section or other adjoining sections by other persons will not be affected by the vacating or closing of said above reserved right of way for public road.

WHEREFORE, your petitioner prays your Honors to vacate said reserved right of way.

Respectfully submitted,

BY: H. L. Pringle

Attorney for Petitioner

108 South Fifth Street

Leesburg, FL

WHEREUPON, on motion of Commr. Theus seconded by Commr. Bishop and carried, the following Resolution was adopted:

BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, assembled in regular meeting on the 13^th day of April, 1959;

WHEREAS, Mary P. Stallings having heretofore filed her petition with the Board of County Commissioners for the vacating of a certain right of way reserved in various deeds from Lake County Land Owners’ Association and their successors in title wherein 15 feet was reserved on each side of the section and half section lines as the same run through the following described property, to-wit:

and the Commission having duly announced and published notice of a public hearing on said petition to be held at the hour of 10:00 A.M. April 6, 1959, at which time public hearing was had and there being no objection to the said petition; or, if there were objections to said petition the same having been deemed insufficient to prevent the closing of said rights of way, and it appearing that the public has no interest in said rights of way and that said reserved rights of way are not now or ever have been a part of any State or Federal Highway system, but that the County should not renounce or disclaim what rights it has in any right of way along the North line of said Section 26.

THEREFORE, BE IT RESOLVED that the said rights of way heretofore reserved for public use be, and the same are hereby vacated, abandoned, discontinued and closed as follows:

A strip of land 15 feet wide lying each side of section and half section lines in Section 26, Township 18 South, Range 24 Est as follows:

(a) Beginning 15 feet South of the North quarter corner of said section, run South along the mid-section line to the Southeast corner of the Northeast Quarter of Southwest Quarter, and

(b) Begin at the center of said section and run West 661.20 feet, and

(c) Begin at the center of the said section, run East 685.50 feet, and said Board of County Commissioners for and in behalf of Lake County, Florida, hereby renounces and disclaims any right of the County and the public in and to said rights of way last above descried.

IT IS FURTHER ORDERED that Notice of the Adoption of this Resolution shall be published one time in the Daily Commercial, Leesburg, Florida, and that a copy of this Resolution and Proof of Publication hereof shall thereupon be recorded in the Deed Records of the County.

Dated at Tavares, Lake County, Florida, this 13^th day of April 1959.

BOARD OF COUNTY COMMISSIONERS

OF LAKE COUNTY, FLORIDA

By Frank E. Owens (Official Seal)

Clerk

Mr. Pringle, Attorney, filed the following Petition to close and vacate platted streets

TO THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA:

Come now John Vanderbleek, Jack Vanderbleek, Raymond Vanderbleek and William P. Floyd and respectfully petition your honors to close and vacate all streets and roads shown on the “Map of the Land of the Chetwynd Land Co.” as recorded in Plat Book 1, page 42, Sumter County, Florida, said Map embracing all of Section 29, Township 18 South, Range 24 East, except such as are located as follows:

(a) From the east quarter corner to the west quarter corner

(b) From the north quarter corner to the center of said section

for the reason that said plat has been ignored for many years, no roads are in use or ever have been used or are ever likely to be used except along the lines above described; that citrus or pine trees, houses, barns and fences have been planted, built or located within said section upon and without regard to said platted streets (except along the described line) and have been so planted, built and located for many years, and it would be inequitable to the owners of said property to be burdened with said platted street. That if said platted streets are closed, subject to the exceptions above described, all property owners within said section will nevertheless be provided with convenient access to their respective properties and the interests of the general public will be adequately preserved.

H. L. Pringle

As Attorney for John Vanderbleek,

Jack Vanderbleek, Raymond Vanderbleek

and William P. Floyd

108 South Fifth Street

Leesburg, Florida

WHEREUPON, on motion of Commr. Theus seconded by Commr. Cowart and carried, the following Resolution was adopted:

BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, assembled in regular meeting on the 13^th day of April 1959;

WHEREAS, John Vanderbleek, Jack Vanderbleek, Raymond Vanderbleek and William P. Floyd having heretofore filed their petition with the Board of County Commissioners for the vacating of certain platted streets and roads as shown on the “Map of the Land of The Chetwynd Land Co.” as recorded in Plat Book 1, page 42, of Sumter County, Florida, said Map embracing all of Section 29, Township 18 South Range 24 East, with certain exceptions and the Commission having duly announced and published notice of a hearing on said petition to be held at the hour of 10 A.M. April 6, 1959, at which time public hearing was had and there being no objection to the said petition; or, if there were objections to said petition the same having been deemed insufficient to prevent the closing of said platted streets and it appearing that the public has no interest in said platted streets, and that they are not now and never have been a part of any State or Federal Highway system.

THEREFORE, BE IT RESOLVED THAT the said streets as shown on said plat be, and the same are hereby vacated, abandoned, discontinued and closed in their entirety, except as follows:

(a) from the east Quarter corner to the West Quarter corner

(b) from the North Quarter corner to the center of said Section

and said Board of County Commissioners for and in behalf of Lake County, Florida, hereby renounces and disclaims any right of County and the public in and to said platted streets.

Dated at Tavares, Lake County, Florida, this 13^th day of April, 1959.

BOARD OF COUNTY COMMISSIONERS

OF LAKE COUNTY, FLORIDA

BY Frank E. Owens (Official Seal)

Clerk

PLAT OF GARCIA SUBDIVISION with title policy #FE 19172 of Title & Trust Company of Florida and letter from Lake County Health Department was again submitted to the Board, WHEREUPON, on motion of Commr. Cowart seconded by Commr. Bishop and carried, the Plat of Garcia’s Subdivision was approved as Clerk Owens reported there is a road into the subdivision.

Signs for County roads were discussed and Mr. Goodson and Mr. Bishop will have them put up at Triangle Acres and Chain ‘O Lakes Subdivision. Mr. Simpson said he needs some stop signs. Mr. Goodson will get these for Mr. Simpson.

Motion by Commr. Cross seconded by Commr. Cowart and carried and that Clerk Owens be authorized to advertise for a ½ ton pickup truck for District 5.

Motion by Commr. Theus seconded by Commr. Bishop and carried, that Clerk Owens be instructed to place stop payment on General Fund warrant #424 drawn on First National Bank of Mt. Dora dated December 8, 1958, in amount of $20.00 made payable to David Boss for relief as said warrant is still outstanding and he has been dropped from relief roll.

Mr. Duncan reported that he has written the parties to remove the trees from the right-of-way in Suburban Shores.

Mr. Duncan stated he has prepared a number of bills and advertised them to be introduced at the Legislature, and thinks it would be advisable to have someone up there to check the bills. I am not looking for a job, but am willing to go. It would take 3 or 4 days. Motion by Commr. Theus seconded by Commr. Cross and carried, that C. E. Duncan, Attorney for the Board, be authorized to take the bills to Tallahassee and check them.

Motion by Commr. Theus seconded by Commr. Cross and carried, that the premium in the amount of $138.33 to J. R. Ashmore Agency on Policy MV 75027 on a 1954 Asphalt Spreader be approved for payment.

Adjourned for lunch. Reconvened at 2:30 P.M.

Appraisal of W. B. Gibson, Ransford A. Potter and F. H. McGill on SR S-468, Section 11650-3150 – Fruitland Park to Montclair – in the amount of $423.21 was accepted and filed.

Emery Dillard appeared before the Board and presented appraisal of John Murray, Emery Dillard and Robert Eichelberger on SR S-44-B, Section 11683, between SR 44-A and proposed SR 500 North side of Mount Dora in the amount of $18,095.00. Motion by Commr. Cross seconded by Commr. Theus and carried, that the appraisal as submitted be accepted.

Motion by Commr. Theus seconded by Commr. Cross and carried, that Clerk Owens be authorized to transfer from Contingency Item in the General Fund to Item #411- County Engineer and Clerk – the sum of $983.84.

Attorney Duncan read Section 252.05; 252.09 on Civil Defense Council, which states, “The County Civil Defense Council composed of the County Commissioners and such other elective public officials including mayors and city council as may be designated by the County Commissioners.”

At this time, Mr. Lehmann appeared before the Board to discuss Civil Defense. Fred Cross, Vice-Chairman of the Board, was elected Chairman of the Civil Defense Council. A letter from Col. Lauben was discussed. This letter suggested the appointment of a County Transportation Administrator; a County Food Administrator and a County Communication Officer.

Motion by Commr. Theus seconded by Commr. Bishop and carried, that Willis V. McCall, Sheriff; Joe Jenkins, Superintendent of Board of Public Instruction; and all of the 14 Mayors of the incorporated towns of Lake County be appointed Civil Defense Council of Lake County and that they be notified that they are members of the group.

Motion by Commr. Cowart seconded by Commr. Cross and carried, that the following named persons be appointed on the Lake County Civil Defense Council, to-wit: Dr. J. B. Hall, as Medical Director; Mr. Karl Lehmann, as Director and Mrs. Myrtle Sudderth to represent the Board of County Commissioners.

Motion by Commr. Theus seconded by Commr. Cowart and carried, that the application of Ada Workman for admittance to the T. B. Hospital be approved.

Motion by Commr. Cowart seconded by Commissioner Theus and carried that the Change Order extending the original contract of Ray-Jay-Paving Company dated February 27, 1959, covering an additional amount of $1,485.00 be accepted. (Copy of Change Order filed)

Motion by Commr. Cross seconded by Commr. Cowart and carried that the following Resolution be adopted:

WHEREAS, the Board of County Commissioners of Lake County, Florida, were, by Order of Court, required to furnish Detention Officers of Lake County with a secure building within which to detain juveniles charged with crimes; and

WHEREAS, because of the immediate requirement of the Order, it was necessary for the County to proceed without delay which would arise from advertising for bids, and the Auditing Department of the State of Florida was advised of the above facts and instructed the County Commissioners to proceed with due caution, but with speed;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the following bills, each being in access of One Thousand ($1,000.00) Dollars, be approved for payment under the emergency situation above set forth:

Wolfe & Konsler (for making and installing ten

(10) bunk beds; 10 jail doors with frames $2,224.80

Dura-Stress, Inc. (reinforced steel roof) $1,715.44

Motion by Commr. Cross seconded by Commr. Cowart and carried, that the following Vouchers be approved for payment:

General Fund 802 through 955

Road & Bridge Fund 643 through 793

Fine & Forfeiture Fund 96 through 119

South Lake Hospital Fund 4

items filed with the board

Public Notice of Application for a Department of the Army Permit to reconstruct a fixed bridge across Lake Dora Canal between Lake Dora and Lake Eustis

Letter from James T. Seng recommending Rod “N” Reel for location of Senior Home

Florida Industrial Commission – safety guards, etc. Commrs. have same letter

Prison Division Report.

Sudderth Report

Letter from A. M. Johnson, City Clerk Clermont, to O. M. Simpson, Chairman, extending thanks for the splendid cooperation the Board has extended the City in the past and trust this cooperation will continue in the future. This letter extended support to the new member of the Board – Bishop. Copy of this letter sent to Bishop. Mr. Simpson acknowledged the letter (copy filed)

MEETING ADJOURNED.

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

CLERK CHAIRMAN