A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MINUTES OF regular MEETING OF THE BOARD OF COUNTY commissioners

monday – july 6, 1959

The Board of County Commissioners met in regular session in the County Commissioners’ room in the Courthouse at Tavares on Monday, July 6, with the following present: Chairman Simpson; Commissioners Cowart, Bishop, and Cross; Attorney Duncan; and Clerk Owens. (Commr. Theus was absent on vacation.)

The Board was called to order by Chairman Simpson.

The minutes of the meetings of June 1, 3, 5, 8, and 23 were approved as corrected on a motion by Commr. Bishop, seconded by Commr. Cowart and carried.

notary public bonds

Clerk Owens reported he had approved since the first meeting in June the following Notary Public Bonds with American Fire & Casualty Company:

Charles F. Allen 6-17-59, Virginia M. Ridlon 6-19-59; Grace C. Parker 6-19-59, Lee Scheifley 6-22-59, and Grace A. Roberts 7-2-59; and with U.S. Fidelity & Guaranty:

J. S. H. Allis 6-15-59 and Ernest D. Ault 6-25-59.

Mr. Thomas J. Blitch, Jr. of Lakeland, Florida (616 Louise Drive), Phone MUTUAL 6-6570, appeared before the Board regarding the County encroaching on his land which bounds the County-owned clay pit. He owns 3.03 acres and is willing to sell his land to the County, trade to the County, or the County fill in the land they have dug into. He will take $2,000 for his land. Mr. Simpson said they should have the land appraised. On a motion by Commr. Cowart, seconded by Commr. Bishop and carried, the following named persons were to be appointed appraisers to appraise the land in question: Terrell Holland and Howard Mathews.

Mr. Sears and Mr. Janney appeared before the Board and presented the Plat of Highland Lakes located between Cassia and Crows Bluff for approval. Mr. Duncan stated the title is vested in Highland Homes, Inc. and is subject to a mortgage to Katherine Osborn. The title apparently is alright and acceptable. The title opinion of John M. McCormick of Orlando was filed. A letter will be obtained from the Health Department. The access road into the subdivision is not completed. Commr. Cross suggested that the Plat be held subject to completion of the access road and have Mr. Goodson to inspect the subdivision road and report to the Board next Monday.

recess and reassembly

The meeting was adjourned for lunch and reconvened at 1:30 p.m.

The Board was called to order by Chairman Simpson.

Commr. Cross presented a request signed by Miss Margaret E. Wilson for permission to sell beer on Sunday from 9:00 a.m. to 6:00 p.m. at the Oasis on Highway #42 near the St. Johns River at Crows Bluff. 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, that the sale of alcoholic beverages by the Oasis, located on Highway #42 near the St. Johns River at Crows Bluff, Florida, shall in addition to the statuary hours for the sale of alcoholic beverages, be permitted between the hours of 9:00 a.m. and 6:00 p.m. on Sundays.

Mr. Duncan reported that Chapter 59-725 (Senate Bill No. 1257) of the last Legislature provides for an increase of $1,500 for all Circuit Judges; WHEREUPON, on a motion by Commr. Cowart, seconded by Commr. Bishop and carried, the following resolution was adopted:

WHEREAS, the 1959 Regular Session of the Legislature of the State of Florida enacted Chapter 59-725, which provides for the implementation of monies paid to the Senior Judge of the Fifth Judicial Circuit from the general funds of Lake County under the terms of which the Board of County Commissioners of Lake County, Florida, has the authority to include such item in its budget and to honor requisitions for the payment of such monies for costs and expenses:

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that Chapter 59-725 of the 1959 Regular Session of the Legislature of the State of Florida be accepted, that the provisions thereof are hereby determined to be essential for the proper administration of the Courts of this County, and that the Clerk of the Board of County Commissioners of Lake County, Florida, be, and he is authorized to pay upon proper requisition the sums authorized under the provisions of said Act and to include a sufficient sum in its annual budget for the payment thereof.

Clerk Owens filed copies of other Bills recently passed by the Legislature as follows:

House Bill 1985 Chapter 59-1470 – Agricultural Building

House Bill #1343 – Chapter 59-886 – Circuit Judges

House Bill #552 – Chapter 29-222 –House Bill #552 – Chapter 29-222 - Oklawaha Basin regarding permits for excavation of canals, etc.

House Bill #555 – South Lake Memorial Hospital

Chapter 59-743 – Increase in salary for Supervisor of Registration

House Bill #601 – Publicity

House Bill #1082 – Chapter 59-836, civil cases fees

House Bill #1254 – Chapter 59-817 – Electing prosecuting attorney for 4 years

House Bill #697 – Chapter 59-791 – Home for Juveniles

Senate Bill #1154, Chapter 59-611 – Reassessment

House Bill #553 – County Commissioners fees

House Bill #554 – Travel expenses of County Commissioners

On a motion by Commr. Cowart, seconded by Commr. Cross and carried, Clerk Owens was authorized to transfer in the General Fund the following amounts from the contingency item:

To Item #311-1 – personal expense, Judge of the Circuit Court $433.34

To Item #311-2 – salaries, Judge of the Circuit Court $414.37

To Item #269 – administrative expense, County Commissioners $1,687.10

To Item #211-3 – traveling expense, County Commissioners within County $1,217.75

To Item #216 – salary, Superintendent Registration 993.55

Total transfers $4,746.11

Balance in Contingency Fund $21.09

Commr. Cowart filed a check from Orange Memorial Hospital in the amount of $32.70 for a refund on a hospital bill of Mrs. Pearlie S. Newman.

Commr. Cross filed a check from the Town of Umatilla in the amount of $1,218.25 for asphalt paving.

A letter from the City of Leesburg regarding a hearing on Monday, July 13, requesting rezoning from R-3 residential district to C-1 commercial district on Lots 6 and 7, Block B, Jackson’s Addition to Newtown was referred to Commr. Theus.

Clerk Owens presented an estimate from Sperry Roofing & Sheet Metal for installing a 50-foot gutter on the back of the Pioneer Building and two five-inch downspouts in the amount of $140. On a motion by Commr. Cross, seconded by Commr. Bishop and carried, Sperry Roofing & Sheet Metal was employed to place a 50-foot gutter on the back of the Pioneer Building and two five-inch downspouts for the sum of $140.

R. G. Cassady, Tax Assessor, filed with the Board Certificates of Corrections of Errors on the 1959 Tax Roll Lake County number 286 to 303 inclusive, in accordance with the instructions from the State Comptroller’s office. On a motion by Commr. Bishop, seconded by Commr. Cross and carried, the Certificates of Correction of Errors on the 1959 Tax Roll County numbered 286 to 303 inclusive were approved and that the two copies of the letter of transmittal were approved and returned to the Tax Assessor.

County Engineer Goodson filed a written report regarding roads damaged by installation of pipeline by Houston Corp.

Clerk Owens read a letter from Thomas D. Weaver, M.D., Secretary-Treasurer, Lake County Medical Society regarding the indigent hospitalization program. Mr. Owens stated he has not received a letter from the State Board of Health regarding the program, so he called them, and they said a letter would be in the mail. On an estimated population of 52,000, the program would call for $26,000. State Board participation is $10,000. Mr. Owens stated he has put in the budget $26,000. Dr. Hall stated they would get possibly $26,000 from the State Board, matching dollar for dollar, sure of $21,000, the amount received last year. ($12,000 from Welfare, $9,000 from the State all to come through the State. The Board agreed to have this set up as above.

Commr. Cross reported that the emergency juvenile detention home is completed and partly furnished. Mr. Simpson stated that they should have the yard cleaned up by the prisoners. Mr. Duncan stated the Juvenile Judge and the Circuit Judge should be advised that the building is complete.

Clerk Owens filed with the Board executed copies of the Agreement with the Depository Banks: Bank of Tavares, Citizens National Leesburg, Citizens Bank Clermont, Umatilla State Bank, First National Bank Mount Dora, First National Bank Leesburg, First State Bank & Trust Co. Eustis, First National Bank & Trust Company, Eustis, and People’s State Bank Groveland.

Clerk Owens filed Clement’s warranty on termite treatment on the Home Demonstration building.

On a motion by Commr. Cross, seconded by Commr. Bishop and carried, the following resolution was adopted:

WHEREAS, under the provisions of Chapter 24045, Laws of Florida, Acts of 1947 as amended, all monies from registration of aircraft are collected by the Motor Vehicle Commissioner; and

WHEREAS, the net proceeds from these monies after a deduction for the necessary expenses of the Motor Vehicle Commission are deposited to the credit of the Florida Development Commission; and

WHEREAS, fifty per cent of the monies collected by the counties is refundable to the counties; and

WHEREAS, under the provisions of Section 18 of said Act, it is provided that the funds paid to the counties may be expended for general purposes by said counties, but the counties may designate the Florida Development Commission as their agent to expend said funds for aeronautical purposes within the county if the County so desires, and

WHEREAS, in the judgment of this Board and the Board does so determine that the Florida Development Commission is in a better position to expend judiciously the County’s share of the funds for aeronautical purposes in this county.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County that the County does hereby designate the Florida Development Commission as the County’s agent to expend all funds which may accrue to the County under the provisions of the Act hereinabove mentioned for the calendar year(s) 1957, 1958, and 1959 for aeronautical purposes within this county and that the State Comptroller be, and he is hereby authorized, empowered and directed to recognize the County’s fifty percent of such funds for the calendar year(s) 1957-1959 as monies expendable by the Florida Development Commission for aeronautical purposes as the agent of this county.

On a motion by Commr. Bishop, seconded by Commr. Cowart and carried, the action of the Clerk and Chairman in approving the applications for admittance to the T. B. Hospital were approved: Mattie Brownlee Fulton, Lady Lake, D-1; Paul Barlow, Leesburg, D-2; and Laura Jane Miller.

A letter from Fred J. Mancinik, Attorney, Deland, asking why the petition for the Amended Resolution was to be adopted was referred to Mr. Duncan for reply.

Letters from the City of Mount Dora, the City of Leesburg, and the City of Clermont regarding the reevaluation program were read and filed.

On a motion by Commr. Cross, seconded by Commr. Theus and carried, the Notice of the Equalization Board meeting was to be published in the Umatilla paper.

A resolution from the Board of Public Instruction regarding the bond election was filed.

A petition signed by 69 property owners on Lake Joanna protesting the lowering of the water level of Lake Joanna was read and filed.

A letter from Camp Ocala commending the Board for fixing the road into the camp was given to Commr. Cross.

A letter from Sterling Land Corp., Hollywood Beach, requesting legal requirements for subdividing 254 acres into lots or ¼ acre plots was read and Clerk Owens instructed to reply to same.

An executed copy of a right of way contract on Job 11660-2250, SR S561A was filed.

Mr. Duncan filed for the record Deed SRD No. 45, Section 11681-2601, SR S565A.

On a motion by Commr. Cowart, seconded by Commr. Bishop and carried, the following resolution was adopted on SR 565A:

WHEREAS, the State Road Department has located and proposes to construct and improve State Road S565A Section 11681 in Lake County, Florida; and

WHEREAS, in order for the State Road Department to further and complete said project, it is necessary that certain lands now owned by Lake County be acquired by the State of Florida for the use and benefit of the State Road Department of Florida; and

WHEREAS, the State Road Department having requested Lake County to execute and deliver to the State Road Department a deed or deeds in favor of the State of Florida, conveying all right, title and interest that said County has in and to said lands required for right of way for said State Road and said request having been duly considered.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of said County that the Chairman and Clerk of said Board be and they are hereby authorized and directed to make, execute, and deliver to the State Road Department a deed or deeds in favor of the State of Florida conveying all right, title, and interest of said County in and to said lands owned by said County required for right of way for said State Road.

BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State Road Department at Tallahassee, Florida.

Mr. Duncan stated we have the right of way map and copies of the deed, and it is necessary to acquire title. Appraisers should be appointed on Road S46A (SR 44 to SR 46) Section 11580-2601 running from new SR 44 southeasterly to intersect SR 46. WHEREUPON, on a motion by Commr. Cross, seconded by Commr. Bishop and carried, the following named persons were appointed appraisers – E. R. Waite, Mount Dora; Emery Dillard, Eustis; and Joseph H. Story, Sorrento (Mt. Plymouth).

On a motion by Commr. Cross, seconded by Commr. Cowart and carried, Paul Guenther was appointed appraiser on Road S-450 south of Umatilla to Lake Eldorado Road, as I. R. Carlton is unable to serve.

On June 1, 1959, the Petition to close a certain street in Glendale Subdivision was presented to the Board, but the Resolution vacating said street was not adopted. Now the said Petition being again before the Board, on a motion by Commr. Cross, seconded by Commr. Bishop and carried, the following resolution was adopted. (See Page 430 for Petition)

WHEREAS, qualified property holders have petitioned the Board of County Commissioners of Lake County, Florida, to vacate, abandon, discontinue, and close the hereinafter described portion of street and to renounce and disclaim any right of the County and public in and to any land in connection therewith; and,

WHEREAS, notice of a public hearing of the consideration and determination of whether or not the County will vacate, abandon, discontinue, and close said portion of street has been published as required by law; and,

WHEREAS, a notice of public hearing of the consideration and determination of whether or not the County will vacate, abandon, discontinue, and close said portion of the street has been published as required by law; and

WHEREAS, it appears that said portion of the street has not been used or opened and that it would not be detrimental to the public to close said street and there having been no objection to closing thereof:

NOW, THEREFORE, be it resolved that the following described portion of a street located and situated in Lake County, Florida, to-wit:

That portion of Magnolia Street bounded on the East by Lot B and bounded on the West by Lot A of Glendale Subdivision, according to the plat thereof filed 1 February 1895 in Plat Book 1, page 46, of the Public Records of Lake County, Florida.

Be and the same is hereby vacated, abandoned, discontinued, and closed and the County does hereby renounce and disclaim any right of the County and the public in and to any land in connection therewith.

Attorney Duncan stated the County needs title to rights of way on a County road in District No. 3. We have title to a strip of land on the east side of two forties, but should have title to a strip of land on the west side of the two forties. We need to exchange some property to get the title on the west side of the two forties; WHEREUPON, on a motion by Commr. Bishop, seconded by Commr. Cowart and carried, Clerk Owens was authorized to publish the Notice of Exchange of certain property in the Tavares Lake County Citizen of the intention of the Board to consider the adoption of a Resolution authorizing the exchange of the property on August 3, 1959.

On a motion by Commr. Cross, seconded by Commr. Cowart and carried, Clerk Owens was authorized to publish the Notice of Exchange of certain property located on or near Lake George in the Eustis Lake Region News of the intention of the Board to consider the adoption of a Resolution authorizing the exchange of the property on August 3, 1959.

Mr. Duncan announced that in the Primary request to the State Road Department, a survey was requested on the Road from Groveland south to the Polk County line toward Zephyrhills. Now Commr. Cowart states if they will get busy on the survey, he is willing to finance the survey out of secondary road money; WHEREUPON, on a motion by Commr. Cowart, seconded by Commr. Cross and carried, the following resolution was adopted:

WHEREAS, the Board of County Commissioners of Lake County, Florida, in their budgetary requests for roads for Lake County, to be included in the budget for the fiscal year beginning July 1, 1959, there was included a request for a survey of an extension of State Road No. 19, beginning at Groveland, Florida, and running southerly and southwesterly to the Lake County line in the general direction of Zephyrhills in Pasco County, and

WHEREAS, it appears that said request was not included in the primary budget for Lake County for the fiscal year as requested, and

WHEREAS, the Board of County Commissioners of Lake County, Florida, are of the opinion that the extension of Road 19 South from Groveland is necessary and very important to the development of the area in the general direction of Zephyrhills and to the traveling public between Jacksonville and Tampa and have determined to implement their request by paying the cost of such survey;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the State Road Department be requested to make at an early date a survey establishing a center line for the extension of State Road 19, commencing at Groveland and continuing southerly and southwesterly to the Lake County line and in the general direction of Zephyrhills, Florida; and that a sufficient sum of money be set aside from the secondary gas tax money due Lake County for the purpose of paying for the location of a center line for such road.

Mr. Duncan presented six copies of SRD No. 9 (Utility Relocation Agreement) and SRD No. 10 (County Resolution) covering the adjustment on Section 11610-2601, SR S-445 (Alexander Springs); WHEREUPON, on a motion by Commr. Cross, seconded by Commr. Bishop and carried, the following resolution was adopted:

WHEREAS, the State Road Department, pursuant to a resolution heretofore adopted by the Board of County Commissioners of Lake County, required the readjustment of certain utility facilities on State Road No. S-445, Section 11610-2601, and

WHEREAS, certain invoices covering the cost of adjusting such utilities which were located on private property have been submitted to the State Road Department for payment, and

WHEREAS, this Board has reviewed said invoices and finds them to be a reasonable charge for the services performed;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of said County that the following invoices be and the same are declared to be a proper expense incurred by said County for the acquisition of right of way for the construction of said road, and the same are hereby approved for payment:

UTILITY: Clay Electric Cooperative, Inc.

AMOUNT: $1,170.00

BE IT FURTHER RESOLVED BY said Board of County Commissioners that the State Road Department of Florida be and it is hereby requested and authorized to pay said invoices out of secondary funds accrued to the credit of this County.

Mr. Duncan stated he has had no report from the appraisers on the proposed County government site. He discussed the revenue certificates for this project. Mr. Duncan reported on County-owned land along Dead River, stating what the County owns is north of the old bridge.

On a motion by Commr. Bishop, seconded by Commr. Cowart and carried, the following resolution was adopted:

WHEREAS, pursuant to due authorization, the County Engineer of Lake County, Florida, has had a part of an old drainage ditch beginning in the waters of Lake Saunders and running southerly to the waters of Lake Dora, surveyed, and has prepared a survey and location of such portion of the old drainage ditch, and

WHEREAS, said drainage ditch has in the past served to carry off excess water accumulating in Lake Saunders and thereby preserved the properties located on the perimeter of Lake Saunders, which have been developed by the owners thereof; and the proper controlled drainage of Lake Saunders is necessary and essential to the proper preservation of said properties on Lake Saunders;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that it is the judgment of said County Commissioners that the excavation of the closed portion of said drainage ditch is necessary, practical, and to the best interests of the County and to the owners of property abutting or adjacent to Lake Saunders, and that for such purpose, it is necessary that the right of way for said ditch and a sufficient berm along the banks thereof for the proper care of said ditch be acquired; and that Lake County is authorized to acquire the same by gift, purchase, lease, or condemnation.

BE IT FURTHER RESOLVED by the Board of County Commissioners of Lake County, Florida, that said County be and it is hereby authorized and empowered to secure by gift, lease, purchase, or condemnation, a permanent easement for the right of way for a portion of the drainage ditch commencing at Lake Saunders and running southerly to Lake Dora, as shown on the official right of way map for said ditch, together with any and all easements for berms and discharge areas for depositing of overburden that may hereafter be found and determined to be necessary for the excavation and the maintenance of said drainage ditch, said permanent easements upon said lands to be free or superior and prior to all legal encumbrances and free of all physical encumbrances.

At this time, Judge Hall appeared before the Board and discussed the need of a detention home for juveniles, stating he would appreciate it if the Board could give him some idea as to when facilities in Lake County for housing juveniles will be ready. Mr. Duncan asked Judge Hall to let the Board know by Thursday what he needs. The emergency Juvenile Detention Home is complete and partly furnished. Will have to have someone in attendance. Judge Hall suggested that the Board appoint one of its members and perhaps Mr. Goodson to meet with him at your earliest convenience. Mr. Simpson stated as this is in District Three, he thinks that Mr. Bishop should be appointed. Mr. Bishop stated he accepts the appointment. Then Judge Hall suggested that Mr. Duncan also work with them. It was agreed to meet with Judge Hall tomorrow afternoon and work this out.

Mr. Bishop stated that some developers own some land in Lake County which they wish to have improved with clay roads and that they own land in Orange County which is suitable for a clay pit. They would like for Lake County to work out a deal whereby Lake County can use clay to build approximately five miles of County roads in Lake County, and in return for the clay used from their land build approximately 3 or 4 miles of access roads through their grove development in Lake County. They are willing to allow six years in which to complete the road building program. Mr. Duncan said the width of the County road would have to be 60 feet while the access road in the groves would be only 30 feet. Mr. Duncan was instructed to contact the attorneys in Orange County and see what they say about the road.

the following letters were filed with the board:

SRD – acknowledging receipt of 2 certified copies of a resolution agreeing to supply the sum of $150,000 from Lake County Secondary funds toward construction of a proposed highway from the intersection of SR 44-A and 437 E and NE to existing Rd. 44 near Cassia.

Florida R.R & Public Utilities Commission, Docket 5648-CCT

U.S. Army Engineers Dist. – notice to navigation interests

John W. Wakefield, Director, Dept. of Water Resources, regarding conference to determine necessity for establishment of a water conservation district in Little Everglades.

Copy of letter to Dr. Hall from C. Welborn Daniel and copy of letter from Billy Kelly, Sanitarian, Lake County Health Dept., regarding letter to Oswalt

Copy of letter from State Board of Health to Lewis Ash regarding plans covering construction of a swimming pool at Coronet Motel

Florida Industrial COM regarding elevator in good condition

A. E. O’Neal & Associates regarding proposed sanitary district

Wingerter Laboratories, Inc. regarding proposed construction of Juvenile Detention Home

Burns & Germain, Architects, regarding services on proposed jail

Secretary of State enclosing copies of certain bills

H. Leslie Walker, AIA, Architect regarding Juvenile Detention Home

the following reports were filed with the board:

Marion Valentine, Home Demo. Agent, and 2 assistants, Nancy Sharp and Hilda Jennings

R. E. Norris, County Agent, and 2 assistants, B.O. Bass and James R. Connell

James C. Hunter, County Services Officer

Ray E. Green, Comptroller, gas tax

list of jurors

In accordance with the Laws of the State of Florida 1955, Chapter 41, Section 41.02, the County Commissioners selected and prepared the following list of jurors to serve in the County Judge’s Court in and for Lake County for the year beginning July 1, 1959.

(See list on Page 429 – 430 in Minute Book 17, and see Page 426 for action on the following Petition):

PETITION TO CLOSE STREET

The undersigned, being the owners on each side of the hereinafter described street, hereby petition the Board of County Commissioners of Lake County, Florida, to vacate, abandon, discontinue, and close the following described portion of said street located and situated in Lake County, Florida, to wit:

And to renounce and disclaim any right of the County and the public in and to any land in connection therewith for the reason that said street has never been used or opened to the public.

Your petitioners further request that the Board of County Commissioners of Lake County, Florida, may adopt a resolution declaring that at a definite time and place, a public hearing will be held to consider the advisability of exercising their authority to close and abandon said portion of said street.

MEETING ADJOURNED.

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

CLERK CHAIRMAN

(FOR MINUTES OF THE MEETING OF JULY 9, 1959, SEE PAGE 435.)