MINUTES OF regular MEETING OF THE BOARD OF COUNTY commissioners
monday – JUNE 1, 1959
The Board of County Commissioners met in regular session in the County Commissioners’ room in the Courthouse at Tavares at ten o’clock Monday, June 1, with the following present: Chairman Simpson; Commissioners Theus, Cowart, Bishop, and Cross; and Clerk Owens.
Board called to order by Chairman Simpson.
approval of minutes
The Minutes of the meetings of May 4, 7, 8, 11 and 21 were adopted as read on motion of Commr. Cowart seconded by Commr. Bishop and carried.
notary public bonds
Clerk Owens reported he has approved since the first regular meeting in May the following Notary Public Bonds with:
American Surety Company of New York
Richard W. Reich 5-4-59; Charles B. P. Sellar 5-6-59; E. O. Hodge 5-13-59; William A. LeHoup 5-15-59; Mildred W. Clark 5-15-59; John Alden Murry 5-25-59; Festus Morgan 5-28-59; Cora Lee Lovelady 5-28-59
U. S. Fidelity & Guaranty Company
Charlene M. Poole 5-7-59
Board of County Commissioners
Wilson G. Sheppard and Frank D. Howard with Mass Bonding & Insurance Company of Boston, Mass.
Gulf American Fire & Casualty Co. of Montgomery, Alabama
Barbara J. Garrett
The Board approved Bond of H. B. Harrell, Jr., to carry a pistol made by Smith & Wesson of 32 caliber and numbered 655460.
Mrs. Marion Valentine appeared before the Board to introduce Mrs. Jennings the new assistant Home Demonstration Agent, who is replacing Miss Ann Frier.
Mr. Chas. Anderson appeared before the Board and resubmitted a plat of Bellaire for approval. Mr. Duncan stated the access road is not paved or clayed. The law says should be paved. Mr. Duncan cited the law to Mr. Anderson. The Plat was not approved.
Mr. Irving Morse appeared before the Board and presented Plat of Sunset Ridge, formerly a portion of Minnehaha Beach Subdivision. Opinion of Title of Mr. Morse filed. Letter from Lake County Health Department filed. Mr. Morse stated he would get a deed of correction today. Title insurance has been issued before petition and Resolution and proof of publication. Mr. Duncan said there are some changes in the location of some of the streets; also the elimination of the alley. In order to comply with the changes Mr. Mooney has published Notice. The Petition should be acted on before the Plat is approved. Said Petition being as follows:
TO THE HONORABLE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA:
THE UNDERSIGNED, being all of the owners of real property adjoining, abutting and effected by the alley and street hereinafter described hereby respectfully request and petition this Honorable Board to renounce, quitclaim and disclaim any right of the County of Lake and the Public in and to the following described alley and street as represented on the Plat of Minnehaha Beach, filed 2/16/26, and recorded in Plat Book 8, Page 46, Public Records of Lake County, Florida and more particularly described as follows:
LAKE VIEW AVENUE lying between Blocks “A” and “D” and North of Sunset Avenue and extending North from Sunset Avenue to the North boundary of the Plat of Minnehaha Beach.
ALLEY being 10 foot in width, running North and South from Sunset Avenue, through the center of Block “A” to the North boundary of the Plat of Minnehaha Beach,
And in support of said Petition we respectfully show:
1. That said alley and street are not included within any incorporated municipality of Lake County, Florida.
2. That said alley and street are not a part of any County, State or Federal highway or system of highways.
3. That said alley and street has never been opened for public use, has never been used by the Public and has not, in any way, been improved such as grading, claying, paving or any other form of improvement; that said alley and street have always been a part of a citrus grove until recently when said citrus trees were removed because of being infected by nematodes and until said removal, said alley and street were cultivated along with the adjoining property in the usual care and cultivation practices in said grove located on said Lots “A” and “D.”
4. That the closing of said alley or street will not interfere with any road system and will not deprive any person owning property near or adjacent to said alley or street, of reasonable means of ingress and egress in the existing public streets, roads or highways.
5. Petitioners have published Notice of their intention to apply to this Honorable Board for the closing of said alley and street in the Clermont Press, a newspaper of general circulation in Lake County, Florida and published weekly in Clermont, Florida, as required by law and herewith present with this Petition, Proof of Publication of this Notice.
WHEREUPON, on motion of Commr. Bishop seconded by Commr. Cowart and carried the following Resolution was adopted:
WHEREAS, HOWARD C. MOONEY and wife, NANCY S. MOONEY, the owners of the real property abutting and lying adjacent to the following described alley and street, have presented to the BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, their Petition to close a certain platted alley and street as appears on the Plat of Minnehaha Beach, a subdivision duly filed on 1/26/26 and recorded in Plat Book 8, Page 48, Public Records of Lake County, Florida, said alley and street being located in Lake County, Florida and more particularly described as follows:
LAKEVIEW AVENUE lying between Blocks “A” and “D” and North of Sunset Avenue and extending North from Sunset Avenue to the North boundary of the Plat of Minnehaha Beach,
ALLEY, being 10 foot in width, running North and South from Sunset Avenue, through the center of Block “A” to the North boundary of the Plat of Minnehaha Beach,
Which Petition is in proper order and form; and
WHEREAS, the Board of County Commissioners of Lake County, Florida on this June 1, 1959, at its regular meeting at 10:00 o’clock A.M. in their office and meeting place in the Courthouse in Tavares, Lake County, Florida, considered the advisability of renouncing and disclaiming any right, title or interest of Lake County and the Public in and to the above described platted street and alley and the advisability of vacating, abandoning and discontinuing and closing the same; and, Notice of said Petition to close platted street and alley having been published according to law in the Clermont Press, a newspaper of general circulation, published weekly in Clermont, Lake County, Florida, Proof of Publication of which has been submitted to this Board; and
WHEREAS, no person, firm or corporation has appeared to object to the closing of said alley and street and the Board having duly considered said Petition and being otherwise fully advised, this Board now determines that the continued dedication of said platted alley and street, can serve no useful service to the Public and the vacating, abandoning, discontinuing and the closing of same will, in no way, interfere with any road system and will not deprive any person owning property near or adjacent to same of reasonable means of ingress and egress to their respective owned property; and, that said alley and street are not within the corporate limits of any city, town or municipality in this County; are not a part of any County, State or Federal Highway system and said alley and street have never been opened, improved in any way or in any way used by the general public.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Lake County, Florida, that the platted alley and street hereinabove particularly described and located within the boundaries of the Plat of Minnehaha beach, a subdivision in Lake County, Florida, filed 2/26/26 and recorded in Plat Book 8, Page 48 of Public Records of Lake County, Florida, be henceforth abandoned, closed or discontinued and vacated; and, this Board acting for and in behalf of Lake County, Florida, and the Public, does hereby disclaim and renounce any right, title or interest in and to the above described plated alley and street; and that the title to said above described and platted alley and street revert to and be vested in, in equal portions, the owners of the real property abutting and adjoining said respective alley and street in accordance with the laws of the State of Florida in such cases made and provided.
Motion by Commr. Bishop seconded by Commr. Cowart and carried that the Plat of Sunset Ridge Subdivision be accepted, subject to recording of the deed (McClannahand).
Mr. Morse also presented Plat of Lake Crescent View Development (Old Log House). Said all the streets are paved, has access road. Want to close Log House road except for private driveway. Letter from Lake County Health Department and Title Opinion of Mr. Morse filed.
Motion by Commr. Bishop seconded by Commr. Cowart and carried, that the Plat of Lake Crescent View Development be approved.
discussion duncan-hamlin building
Mr. Morse stated the last time I was here you were going to have a re-appraisal on the property. Has the property been re-appraised? The Board advised the property has not been re-appraised since improvements have been made.
Motion by Commr. Bishop seconded by Commr. Cowart and carried, that the same appraisers – Carl L. Ferran and C. B. Treadway be appointed to re-appraise the Duncan-Hamlin Building and that the Clerk be instructed to notify the appraisers.
Mr. Theus filed easement for drainage from Andrew P. Miller and wife to Lake County and deed from Cresse Pemble Ashcraft, et ux to Lake County, and deed from Frank Pemble, Sr., and wife, to Lake County for roadway purposes.
Doug Igou again appeared before the Board re: Getting State Road Department to lower the drain pipe which carries the overflow water from Lake Joanna to Lake Swateria – Job 1158-250, SR S-44-A. Mr. Igou said the drain was raised 2 feet by the contractor when the road was paved. Mr. Simpson and Mr. Owens also feel certain the pipe was taken out and later replaced at the higher grade two feet. Mr. Goodson said he has seen a map in Tallahassee showing former grade two feet. Mr. Owens read a letter from Richey Green, District Engineer, of State Road Department re this matter in part as follows: “We are willing to lower the existing pipe to an elevation to be determined by the County or to lay an additional line adjacent to and parallel to the existing line of pipe. We think this would be more feasible.” Mr. Goodson said a parallel line would not be the answer. Should drop the pipe down 2 feet. Clerk instructed to bring Green’s letter to June 8th meeting.
Mr. Duncan presented proposed contract between Lake County and MacAsphalt Company on Mount Dora-Eustis Road to be signed by Chairman and Clerk.
Mr. Goodson gave a report on Lake Saunders ditch. Said part of the ditch is closed up. One party agreed to open the ditch, but the other one has not agreed.
Adjourned for lunch. Reconvened at 1:45 PM.
Mr. Duncan stated we have had an election since the last meeting. Discussion as to canvassing the ballots. Mr. Duncan read the law which said Board of County Commissioners to canvass the ballots. Mr. Duncan said he will contact the Attorney for the School Board re this matter.
Motion by Commr. Theus seconded by Commr. Cross and carried, that the applications for admittance to the T. B. Hospital of Thelma Hester Reddick Nelson, Leesburg, and John Raymond Nobles, Eustis be approved.
Motion by Commr. Bishop seconded by Commr. Theus and carried, that the action of the Clerk and Chairman in approving the application of Marlow Huggins for admission to the T. B. Hospital be approved.
Mr. Duncan reported he received a letter from W. F. Robinson in which he stated due to illness which has caused an overload of work, he and Mr. Wells will have to withdraw from further consideration as representing the County in the real estate transaction to which the Board appointed them a few weeks ago. Mr. Duncan stated he has discussed this with the other attorney – Mr. W. B. Hunter – and he and I came to the conclusion that we should have someone well versed in appellate practice. Therefore, Mr. Hunter and I discussed the case at some length with Mr. Chester Bedell, Attorney of Jacksonville, and I recommend to the Board that they employ Mr. Bedell, WHEREUPON, on motion of Commissioner Cross, seconded by Commr. Cowart and carried, Mr. Duncan was authorized to employ Mr. Chester Bedell to be associated with him and Mr. Hunter in carrying this suit through.
Mr. Duncan read a letter from State Road Department re: letting the contract on the bridge over Dora Canal. The letter stated that protests have recommended this clearance at various heights up to 15 feet. City of Eustis recommended 12 feet vertical clearance. In view of the objections made to the Army Engineers, the Town of Tavares took action approving the construction of the bridge at its present proposed level and registered objections to the raising of the bridge to a higher level – stating their reasons in the letter mailed to the Engineers on May 6, 1959. WHEREUPON, on motion of Commr. Bishop seconded by Commr. Cowart and carried, the following Resolution was adopted:
WHEREAS, the Board of County Commissioners of Lake County, Florida have been requested to express its policy as to determination of height of the bridge over the Dora Canal on Old U.S. 19; and
WHEREAS, it has been brought to the attention of the Board that in the event the State Road Department is requested to raise the level of the bridge to the height of twelve (12’) feet. The cost thereof would approximately double the contract price that the raising of the approaches, especially on the East side of the Dora Canal, will result in great damage to the property owners on each side of such approach, and would also require the acquisition of a new right-of-way running Easterly from Lake Street and destruction of a dwelling house recently built in the location of such right of way; and that the possibility of raising the two railroad bridges and the two concrete bridges now over the Dora Canal to the height of twelve (12’) feet is not possible within the foreseeable future, and that the cost of the raising of such bridges would be prohibited.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that the United States Army Engineers be requested to issue permit to construct the bridge above mentioned in accordance with the plans and specifications heretofore prepared by the State Road Department; and that the State Road Department be requested to issue a proper work order so that the construction of said bridge can be commenced as reasonably soon as possible.
Mr. Duncan presented appraisal of Appraisers Nash, Puryear and Arnold, on Monta Vista Road Section 11681 SR S-565-A. Motion by Commr. Cowart seconded by Commr. Theus and carried that the appraisal be accepted. Mr. Duncan said the Appraisers have not submitted their bill for this work which amounts to $300.00. Mr. Duncan was instructed to secure from them the proper bill.
Appraisal on SR S-561-A, Section 11660-2250 Lake Shepherd Road by Arthur George, Walter Krieg and Carl E. Henderson in the amount of $15,837.50 was filed with the Board, WHEREUPON, on motion of Commr. Bishop seconded by Commr. Cowart and carried, the Appraisal on Lake Shepherd Road was accepted. Mr. Bishop stated he will present the name of a party for right of way agent on the road at the next meeting.
Mr. Duncan suggested that Mr. Cowart select someone as right of way procurement agent on the Monta Vista Road, WHEREUPON, on motion of Commr. Cowart seconded by Commr. Cross and carried, John Arnold of Groveland was appointed right of way procurement agent on Monta Vista Road. (SRD letter to Viti re M. V. Road read and given to Mr. Simpson.)
Mr. Duncan stated the Appraisers on Alexander Springs Road – Ray Hancock, F. F. Fuqua, and Paul Guenther – spent two days on this job at $50.00 per day. Motion by Commr. Cowart seconded by Commr. Cross and carried, that Attorney Duncan be authorized to send in the appraisal bill on Alexander Springs Road. (See below letter from SRD re contract.)
Mr. Simpson filed 28 resolutions or petitions from various clubs and Sunday School classes throughout the County re: Construction of Juvenile Home.
Mr. Simpson filed check #1556 from L.L. Heaton in the amount of $83.23 for road material.
Mr. Simpson read a follow-up letter from Chuck Garland, Chairman Waterways Committee, Leesburg Boating Club, re: Various launching ramps for boats. Clerk Owens was instructed to answer the letter. Advise some have been put in, but with high water existing now cannot put in any more.
Letter from State Road Department re: Job #11610-3602, SR S-445 between SR 19 North of Altoona and SR 40 at Astor Park – awarding Marion Construction Company of Ocala, low bidder, the contract in amount of $412,964.21 – and expressing appreciation for prompt concurrence of this Board in the award of the contract – was read and filed.
Copy of Title Search by Lake Abstract & Guaranty Company on SR-44-A, Section 11580- 2601 filed with the Board.
Copy of SRD Right of Way Contract on SR S-44-B Section 11680 – Northeasterly and Northerly to SR S-44-A filed with the Board.
Letter from J. H. Brimmer, Rice Lake Wisconsin, enclosing a proposed Petition for closing road and letter to him from J. H. Baisden were read to the Board. Mr. Owens was instructed to answer the Brimmer letter and advise him he would have to employ an attorney to file the necessary petition and other papers to comply with the law.
Petition of Mr. Manchink with Amended Resolution re: Closing Streets in Sorrento referred to Atty. Duncan.
Clerk Owens requested that the Board set a date as soon as possible for the various officers to appear before the Board to present requests for the budget for the coming year. Mr. Simpson suggested Friday, June 5, at 9:00 A.M. Clerk to notify the officeholders’ requests must be submitted in writing and give each one 20 minutes for presentation.
Letter from Elwood Selsor, Director, District 11, Unit No. 9, requesting opportunity to present to the Board their budget request read and filed.
Petition to close street in Glendale Subdivision was given to Attorney Duncan and Clerk Owens was instructed to notify Harry Gaylord, Attorney, the Resolution was not adopted and the Notice of hearing for July sixth should not be advertised.
Letter from Senator L. K. Edwards, Jr., to Board of County Commissioners Marion Co. re: Raising salary of Circuit Judges read and filed.
Clerk Owens read a copy of letter from John L. Enyart, M.D. to Thomas J. Peters, III, Administrator Waterman Memorial Hospital, Inc., re: Hospital statement for patient per diem cost under indigent program. Per diem rate of $23.89 approved as submitted as of May 11, 1959. Clerk also read a copy of letter from J. Basil Hall, J.C. Director Lake County Health Dept., to Waterman Memorial Hospital re: Balance for Hospital bills for indigents for next five months.
Hold letter from Ray E. Green, Comptroller re designating banks to handle funds for June 8 meeting.
Clerk Owens filed Tentative Budget of State Road Department. Clerk instructed to get 8 copies of permanent budget for board members, attorney, engineer and clerk.
Clerk Owens read a letter from Miss Winifred Kitchen to Mr. Simpson re: Tax Assessor’s denial of her application for homestead exemption. Notify her Equalization Board meets 8-3-59.
Clerk Owens read a letter from Miss Winifred Kitchen to Mr. Simpson re: Tax Assessor’s denial of her application for homestead exemption. Notify her Equalization Board meets 8-3-59.
Plat of North Addition to East Section of Crow’s Bluff Community Center was presented to the Board with letter from Lake County Health Department stating location is apparently suitable for septic tank installations and Binder Title No. 6760 (Revised) of Title & Trust Company of Florida issued to W. H. Vernor, Inc., a Florida Corporation, was filed with the Board. WHEREUPON, on motion of Commr. Cross seconded by Commr. Bishop and carried, the Plat of North Addition to East Section of Crow’s Bluff Community Center was approved. Clerk Owens reported Release of any interest the State Board of Education of Florida has in the property was filed May 8, 1959. Filed No. 6027.
Motion by Commr. Cross seconded by Commr. Theus and carried that the Payroll for the month of May be approved.
Motion by Commr. Bishop seconded by Commr. Cowart, and carried, the following Resolution was adopted:
WHEREAS, the Board was advised that the family of William Hood had specifically requested that the funeral services and interment be conducted by Page-Theus Funeral Home.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners, in view of the costs of the funeral and the request of the family, the bill for One Hundred $100.00 Dollars for the funeral of William Hood be paid in accordance with the statement.
Commr. Bishop presented Notice of Appointment dated May 22, 1959, from Secretary of State stating “you have been reappointed to the Office of Member, Board of County Commissioners, District No. 3, Lake County.” Commission will be forwarded to you upon receipt of $10.00 State Tax on Commission and papers requested. Mr. Bishop stated he will have to get another bond as the first bond has to be cancelled. He asked for permission to see Mrs. Tally about getting this new bond. This request was concurred in by the Board.
Motion by Commr. Cross seconded by Commr. Theus and carried, that Clerk Owens instructed to notify the group to meet with the Board of County Commissioners, the Clerk and the Attorney, at 11:30 AM Wednesday, June 3rd, at the Trade-Winds on Leesburg By-pass to discuss repairs to the Courthouse; construction of Jail; Location and Construction of Detention Home; and Old Folks Home. (The group of 14 was building contractors and architects.)
Mr. Owens reported that Mrs. Baker, Supervisor of Registration, asked him if he has received a copy of the Act increasing her salary, stating it has passed and was effective as of May 19, 1959. She wanted to know if I was going to issue her check for the full amount of her May salary. I advised her that the Board would have to make that authorization and I would bring it before the Board. WHEREUPON, the Board instructed the Clerk to notify Mrs. Baker that it would not be able to pay any increase in salary until the end of September at which time if there was a surplus in an account in the General Fund that could be transferred to the Supervisor of Registration account that the Board would then authorize payment for as much of the increase as possible, otherwise she would not get her increase until the last of October when the new budget becomes operative.
Mr. Simpson presented to the Board for consideration bills of Dr. Robert F. Vason and Dr. F. P. Hatfield for dental work on the Hough children, WHEREUPON, Clerk Owens was instructed to notify Dr. Vason that the Board did not authorize this work and as the work was authorized by the Juvenile Counselor, D. M. Pearce, they should take the matter up with him.
Motion by Commr. Cowart seconded by Commr. Cross and carried, that the following Resolution be adopted:
WHEREAS, the Board of County Commissioners of Lake County recognize the importance of the completion of State Road 44-A, so that it will connect with State Road 44 in Cassia; and
WHEREAS, the State Road Department has indicated that in the event Lake County will supply the sum of ONE HUNDRED FIFTY THOUSAND ($150,000.00) DOLLARS toward the construction of said road, the balance thereof will be paid from primary funds of the State Road Department;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the proposed Budget of the State Road Department, pertaining to primary roads to be constructed in Lake County, Florida, be amended to include a road commencing at the intersection of S-44-A with State Road 437, and continuing Easterly and Northeasterly to connect with State Road 44 at Cassia and that the sum of ONE HUNDRED FIFTY THOUSAND ($150,000.00) DOLLARS due Lake County for Secondary Roads be set aside for the construction thereof.
LETTERS FILED WITH THE BOARD
The following letters were filed with the Board:
Gee & Jenson, Consulting Engineers – re: Engineering services
John Vanderbleek – objecting to Hunnicutt reevaluating Lake County property
City of Mount Dora re: Feasibility of establishing a Sanitary District
Gordon G. Oldham, Jr., State Attorney re: Autopsy upon Jessie Bennett
reports filed with the board
The following reports were filed with the Board:
R. E. Norris, County Agent and his two associates
Mrs. Valentine, Home Demonstration Agent and her two associates
J. C. Hunter, Veteran County Service Officer
/s/ Frank E. Owens /s/ O. M. Simpson