A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MINUTES OF the REGULAR MEETING OF THE BOARD OF COUNTY commissioners ON MONDAY– OCTOBER 5, 1959

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

Board called to order by Chairman Simpson.

Clerk Owens reported he has approved since the last regular meeting the following Notary Public Bonds with:

American Fire & Casualty Company

Earl W. Taylor 9-14-59; L. Clyde White 9-18-59; Clayton Gates, Jr. 9-29-59; Margaret Moulton 10-1-59; and

American Surety Co. of New York

William H. Twyford 9-14-59; Thelma W. McEwen 9-18-59; Elizabeth L. Bumgarner 9-25-59; and

Mass. Bonding & Ins. Co.

Louise D. Fields; R. M. Beasley; and

American Surety Co.

Sofia McGrath.

The Board approved the following Bonds for carrying firearms:

J. C. Cooper with W. P. Wingler and James C. Dumas as sureties for carrying a pistol made by Colts of 32-20 caliber and numbered 448482;

H. E. L. Brainard with Barney Dillard, Jr. and John M. Rayburn as sureties for carrying a pistol made by Colts Patent Firearms Co. of 32-20 caliber and numbered 348066.

Mrs. Katherine Baker, Supervisor of Registration, and Mr. Tom Talmadge of the School Board, appeared before the Board re the coming Election on November 3^rd – Special Election Referendum on reapportionment and biennial election school board millages. Mr. Talmadge said in selecting the Clerks and Inspectors, one additional name should be added to the Board in each Precinct and the School Board will furnish this name to the Commissioners. Mrs. Baker stated the clerks and inspectors will be serving in a dual capacity and will be separate elections. She also sated there will be a School of Instruction for the Clerks and Inspectors prior to the election.

DISCUSSION RE PAYMENT FOR CLERKS AND INSPECTORS

The School Board thinks they should be paid on a 50-50 basis and the Board agreed to this.

Motion by Commr. Cross seconded by Commr. Theus and carried, that the Clerks and Inspectors serving in the Election November 3^rd be paid by the Board of County Commissioners and the School Board reimburse the County for one-half of the expense of the Election.

Clerk Owens was authorized to order 500 absentee ballots from the Mount Dora Topic, also order the ballots for the Voting Machines from Florida Grower, Tampa, Florida.

The newly created precincts will not be activated until May 1960. Motion by Commr. Cross seconded by Commr. Cowart and carried, that Clerk Owens be instructed to have the ballot published in the Mt. Dora Topic.

Motion by Commr. Cowart seconded by Commr. Theus and carried, that the following named persons be designated as Clerks and Inspectors to serve in the Special Election to be held on November 3, 1959, and that the names be published one time in the Eustis Lake Region News, at least 11 days before the Election.

Clerk to furnish Supervisor of Registration and School Board certified copy of Clerks and Inspectors.

astor – precinct #1

USUAL VOTING PLACE

Russell Mattox - Clerk

Inspectors:

Otis Lee

Lucile C. Davis

Margaret L. Saul

Mrs. Bertha Lucas

ALTOONA – PRECINCT #2

VOTING PLACE – Pavilion

C. E. Matteson - Clerk

Inspectors:

L. M. Stewart, Paul Guenther, Aden Everts, Mrs. Jesse Allen

PAISLEY – PRECINCT #3

USUAL VOTING PLACE

Clerk: Reed Hollinger

Inspectors: Mrs. Maggie Jones, Mrs. Lorene Shockley, Ottie Brown, Mrs. Estelle Salts

CASSIA – PRECINCT #4

VOTING PLACE

Mrs. Phyllis Freeman – Clerk

Inspectors:

J. F. Huff, Carl T. Carlson, Ernestine R. Gnann, Cecil D. Royal

sorrento – precinct #5

USUAL VOTING PLACE

J. H. Story - Clerk

Inspectors: James W. Geddes, Louis Fister, Mary Matthews, Ellen S. Bryant

eustis – precinct #6

USUAL VOTING PLACE

R. J. Schneider - Clerk

Inspectors: Clayton P. Bishop; Barbara S. Cash, S. B. Johnson, R. A. Getford, R. J. Hancock

umatilla – PRECINCT #7

VOTING PLACE – City Hall

Clerk: Adelia K. Owens

Inspectors: Marian H. Vaughn, Thomas M. Bowers, T. W. Caldwell, Lillian S. Kimball, Mrs. Florence McCown

grand island – precinct #8

USUAL VOTING PLACE

Clerk: Mrs. Marie Persons

Inspectors: Kathleen Stevens, Roslyn R. Day, Wilma T. Jones, Florence K Hannah

lisbon – precinct #9

USUAL VOTING PLACE

Clerk: Thelma D. Gastfield

Inspectors: J. O. Grigsby, J. S. Gwaltney, Thomas, C. W. Curry, D. E. Rogers

leesburg – precinct #10

VOTING PLACE – Leesburg Motor Co., E. Main & Canal Streets

Clerk: Max D. Ammons

Inspectors: C. J. Willis, Harold Gait, T. N. Webb, W. H. Graves, Leslie D. Burdine

lady lake – precinct #11

VOTING PLACE – Community House

Clerk: Tessie Seyler

Inspectors: W. A. Nowers, Louise T. Reaves, Bert C. Lewis, Gladys Pape

okahumpka – precinct #12

VOTING PLACE – Hall’s Garage

Clerk: R. D. Merritt

Inspectors: Augusta M. Branham, Pauline Deal, Edna Hall, Ellie P. Fussell

yalaha – precinct #13

VOTING PLACE – Bloomfield

Clerk: Stanley James

Inspectors: Pearl B. James, Elgie V. Fowler, Lucy W. Crow, Dorothy C. Heald

mascotte – precinct #14

VOTING PLACE – Community Building

Clerk: R. E. Nash

Inspectors: J. A. Hooks, V. J. Overmiller, T. H. Knight, C. W. Porterfield

clermont – precinct #15

VOTING PLACE – City Hall

G. Y. Middleton - Clerk

Inspectors: Norris L. Hutchingson, Lucy G. Johnson, F. H. Rigby, John R. McCown, Don Meeker, D. G. Rambo

montverde – precinct #16

VOTING PLACE – Community Building

Clerk: P. H. Nash

Inspectors: Mae S. McCarley Lou McQuaig, Gladys P. Sheppard, Mildred Viola Flynn

astatula – precinct #17

VOTING PLACE – Town Hall

Clerk: Olive L. Ingram

Inspectors: Ina Ruth Swaffar, Esther E. Dwyer, Lillie Mae Lee, Mildred Schubert

lake gem – precinct #18

USUAL VOTING PLACE

Clerk: J. B. Norris

Inspectors: James Sanders, W. A. Keen, Harry J. Hutchins, Aura W. Bland

tavares – precinct #19

VOTING PLACE – Legion Hut

Clerk: H. T. Dykes

Inspectors: L W. Conner, Mrs. L. G. Coven, Richard L. Hunter, R. G. Mills, J. M. Hudson

mount dora – precinct #20

VOTING PLACE – Ch. Com. Bldg.

Clerk: Angus McDonald

Inspectors: Clarence Lee, Mrs. Ruth Lee, Mrs. H. D. Overhiser, Mrs. John A. Murray, Mrs. Guyla G. Bissell

howey – precinct #21

VOTING PLACE – City Hall

Clerk: Minnie S. Sarver

Inspectors: Whildon G. Hill, Ernestine A. Wolfe, Henrietta K. Bahl, Sara B. Waddell

minneola – precinct #22

VOTING PLACE – Community Building

Clerk: C. H. Edwards

Inspectors: Violet E. Meeker, Mae R. Weaver, Elmer A. Smith, Leone M. Mann

groveland – precinct #23

VOTING PLACE – City Hall

Clerk: Albert. S. Brooks

Inspectors: C. A. Blowden, C. B. Mullowney, Jack Hart, Geo. Mays, John Arnold

Ferndale – precinct #24

VOTING PLACE – Community Bldg.

Clerk: C. O. Zittrower

Inspectors: Carl E. Henderson, Grace Crawley, Walter A. Haury, Mamie G. Merritt

fruitland park – precinct #25

VOTING PLACE – Casino

Clerk: Nina Hall

Inspectors: Elsie Everback, Robert F. Timke, Isabelle Ruser, Carrie B. Lee

leesburg – precinct #26

VOTING PLACE – Armory Building

Clerk: R. P. Butler

Inspectors: Frank Plate, Leon D. Colling, Joseph E. Long, J. L. Tompkins, W. B. Clements

leesburg – Precinct #27

VOTING PLACE – Smith’s Store

Clerk: L. W. Huey

Inspectors: Lester W. Baxter, Claude H. Moore, Merle E. Nelson, C. B. Garland, H. R. Carpenter

leesburg – Precinct #28 – Whitney-Lake Griffin

VOTING PLACE – Commander’s Penn-Dixie Grocery

Clerk: J. R. Fussell

Inspectors: Mary Lou Brooks, Elsie Lee Commander, Mrs. R. F. Gray, L. C. Kitchens

leesburg – Precinct #29

VOTING PLACE – Casteen’s Gro. Store

Clerk: Mrs. Edgar Ward

Inspectors: M. Frances Trumm, Annie Lou Brunson, Olivia E. Courtoy, Mrs. Harry Mantor

leesburg – Precinct #30 sunnyside

VOTING PLACE – Millikan’s Refrigeration

Clerk: Glyn Faircloth

Inspectors: Charles J. Peper, Harry D. Thorniley, Raymond R. Krueger, Joyce C. Milliken

mount dora – Precinct #31

VOTING PLACE – City Hall

Clerk: Henry Beims

Inspectors: Mrs. R. Christie, Mrs. Nina Wagner, Mrs. Paul Snowberger, Mildred Hardester, and Flavilla E. Blanchard

eustis – Precinct #32

VOTING PLACE – Armory

Clerk: Mrs. Ruth Wirth

Inspectors: Mr. Golding, Mrs. Rubye Partridge, Mrs. Verna Baker, Mrs. Stella Kennedy, A. G. Polk

dona vista – Precinct #33

USUAL VOTING PLACE

Clerk: Kathlyn C. Cadwell

Inspectors: William C. Broadway, Florence L. Holt, H. B. Michelson, H. L. Cadwell

airport – Precinct #34

VOTING PLACE – Airport Building

Clerk: Mrs. Tobey

Inspectors: Mrs. Doris H. White, Mrs. Dorothy C. Woodford, S. B. Love, Ina Huchingson

golden triangle – Precinct #35

VOTING PLACE – Riley’s Trailer Park

Clerk: Grady Simpson

Inspectors: Elizabeth C. Penn, Hazel W. Crawford, Belva Mae Codding, Carol S. Graves

Mrs. J. W. Bronson of Coleman appeared before the Board in behalf of her daughter and 3 small children, who live near Okahumpka in District No. 2. She stated they are in need of assistance. Mr. Cowart said he would take this up with the Welfare Worker.

Bill Brackin appeared before the Board to inquire the cost of the proposed land for the construction of a new jail. He thinks there is considerable space for addition to the present Courthouse and wants to present a plan for a long range building project. Attorney Duncan suggested that he talk to a certified architect. Mr. Simpson stated when an architect is employed will notify Mr. Brackin.

Mrs. Davis, Mrs. Campbell and Mrs. Lucas appeared before the Board re: An old community road leading from Astor Park to Lake Schermerhorn. Mrs. Davis was spokesman for the group. Clerk Owens read a letter from Mr. Lightfoot, former County Commissioner, stating when he was commissioner the road crew scrapped the road when needed and patched the holes. He also stated he understands the road has been closed and cannot be used as a Community road any longer. The ladies present stated the road has been opened and used as a public road for many years, but now the new owner of the property has bulldozed the road and it is impassable. Four petitions signed by numerous citizens of the Astor-Astor-Park area were filed with the Board requesting the County to take such action as might be necessary to retain Lake Schermerhorn road for the benefit of the community.

DISCUSSION ON THE STREETS IN ASTOR

Mr. Duncan stated he has not filed a suit to acquire title from the Astor heirs. He also stated he will view the problem from both sides and check the title and will try to have this information by the next meeting.

Mr. Hugh Hanna of the State Road Depatment appeared before the Board re: Budget request to immediately survey SR 19 from Groveland South to Zephyrhills. On July 10^th the Board asked the State Road Department by Resolution to make such survey. State Road Dept. replied that they will try to get on the survey as soon as possible. Mr. Hanna stated we are now in position to get the survey. Do you have any commitment from other counties re: this location of this road. Mr. Duncan advised we have no direct information. This matter was referred to Commr. Cowart to investigate and report back to the Board.

Mr. Simpson stated that he had some people call on him yesterday who live on the Eustis-Mount Dora road. They were complaining of the high rate of speed on the road since it has been resurfaced. There was quite a serious accident on the road Sunday. After the road was resurfaced, the State put a double line on the road at the request of the Board. Mr. Goodson was instructed to put up speed limit signs – 35 miles per hour – on that part of the road. The Sheriff was asked to patrol this road. Mr. Duncan stated the State Road Department has jurisdiction on all State roads, but where a road has been turned back to the County, the County has jurisdiction and suggested that a Resolution be adopted re the speed. WHEREUPON, on motion of Commr. Bishop seconded by Commr. Cowart and carried, the following Resolution was adopted:

WHEREAS, a paved road commencing at the Northeasterly edge of Mount Dora and running in a Northeasterly direction to connect with Grove Street in Eustis, extended Southerly, is now a County road; and

WHEREAS, because of the many curves in said road and the narrowness of the pavement, speeds of more than 35 miles per hour are dangerous to human life and to property;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that under authority of Act of Legislature, authorizing and empowering the County Commissioners to determine speed limits on County roads, the maximum speed limit on the road above described is hereby set and determined to be 37 miles per hour.

BE IT FURTHER RESOLVED by the County Commissioners that the Sheriff of Lake County and his Deputies, are authorized and directed to enforce the said speed limit and to arrest all violators thereof, to be tried in accordance with the provisions of Law for the committing of misdemeanors.

Mr. Duncan stated at the meeting of the Board of County Commissioners held on August 31^st a Resolution was adopted providing for the construction of a County Jail. Proofs of Publication from:

South Lake Publishers, Inc. (Clermont and Groveland papers)

Eustis Lake Region News

Tavares Lake County Citizen

Mount Dora Publishing Company

Daily Leesburg Commercial

showing the NOTICE was advertised for four consecutive weekly issues beginning with the 3rd day of September in some of the papers and the 4^th day of September in those published a day later have been received. Motion by Commr. Cross seconded by Commr. Bishop and carried, that the Proofs of Publication be filed with the Board.

Mr. Duncan stated there has been considerable misunderstanding as to what this millage is for. Under the stipulations of the adopted Resolution the County Commissioners could assess county property owners a total of five mills over a period of 15 years in the event the new Jail and repairs were to cost more than anticipated. The five (5) mill maximum was set only to get a better interest rate from the bonding companies and the county has no intention of assessing property as high as five (5) mills. It is quite possible that the millage rate would be reduced from the present 2.5 mills after the re-evaluation of taxable property is completed with the next year. Mr. Duncan also stated that the 2.5 mills now set aside in the present budget for building the new Jail and repairing the present courthouse can be used only for that specific purpose and that raising the millage beyond the actual cost would be of no value. Mr. Duncan stated he has a Resolution ready to submit to the Bond Attorney and it should be adopted now, WHEREUPON, on motion of Commr. Cowart seconded by Commr. Cross and unanimously carried, the following Resolution was adopted:

RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, DETERMINING THE NECESSITY OF CONSTRUCTING A COUNTY JAIL AND THE CONSTRUCTING OF ALTERATIONS, IMPROVEMENTS AND REPAIRS IN THE COUNTY COURTHOUSE AND PROVIDING FOR THE LEVY OF A TAX WHICH WILL NOT EXCEED FIVE MILLS PER ANNUM OR NOT MORE THAN FIFTEEN CONSECUTIVE YEARS, ON ALL TAXABLE PROPERTY IN THE COUNTY FOR SUCH PURPOSE.

WHEREAS, pursuant to the provisions of Chapter 135, Florida Statutes, this Board by Resolution duly adopted a Regular meeting of this Board, held on the 31^st day of August, A.D. 1959, did determine it to be necessary to construct a County Jail and to acquire land for that purpose and to construct alterations, improvements and repairs in the County Courthouse in Lake County, Florida, for the carrying out of the essential Governmental functions of said County and for the welfare of the inhabitants therein; and by said Resolution did further determine that at a Regular Meeting of this Board to be held in the Offices of said Board in the County Courthouse, Tavares, Lake County, Florida, on the 5th day of October A.D. 1959, at 10:00 o’clock in the forenoon, after public notice being first given as required by law, it would consider and act upon the question of the necessity of constructing a County Jail and acquisition of land upon which to locate the same and the construction of alterations, improvements and repairs in the County Courthouse in said County and further would, at said time and said place, hear objections to said project; and

WHEREAS, public notice has been given for thirty days prior to the Regular Meeting of this Board held on this date, by publishing the same in each and every newspaper published in Lake County, Florida, the first publication of which appeared on September 3, 1959, and appearing weekly in each of said newspapers for four consecutive weeks, to-wit: the following newspapers published in Lake County, Florida, each having general circulation in said County: The Clermont Press, The Groveland Graphic, Eustis Lake Region News, Leesburg Daily Commercial, Mount Dora Topic and Tavares Lake County Citizen; and

WHEREAS, the Board of County Commissioners, pursuant to said Resolution adopted on the 31^st of August, 1959, and pursuant to public notices given as aforesaid, did hear from interested citizens and taxpayers of the County, touching on the aforesaid matters; and there being no objections presented at said hearing;

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

1. That this Board does find and determine that it is necessary to carry out the Mandate of the Constitution of the State of Florida, requiring the County Commissioners to provide a County Jail and Office facilities for the respective Constitutional Offices of the County; to erect a County Jail and to acquire properties sufficient in area for the purpose of constructing said County Jail, and the immediate surrounding area required and necessary for proper operation and maintenance of the jail, and to make certain and necessary alterations, improvements and repairs to the Courthouse building, all for the carrying out of the essential Governmental functions of the County, and for the welfare of the inhabitant therein; and that such construction, alterations, improvements and repairs shall be made in accordance with plans and specifications to be prepared by a competent architect, and filed with the Clerk of the Board of County Commissioners of Lake County, Florida.

2. That a building tax to finance the cost of construction of the County Jail, and construction of alterations, improvements and repairs to the County Courthouse, including the payment of debt service on certificates of indebtedness issued therefor, will not exceed five mills on the dollar on the assessed valuation per annum, for a period not exceeding fifteen consecutive years, is hereby obligated and authorized for levy and assessment on all the taxable property of the County, pursuant to the provisions of Chapter 135, Florida Statutes; and the County Tax Assessor is hereby authorized and directed to assess, and the County Tax Collector is hereby authorized and directed to collect said tax of not exceeding five mills, pursuant to this Resolution and said Chapter 135, Florida Statutes, at the times and in the manner as shall be provided in Resolutions hereafter to be adopted, authorizing the issuance of certificates of indebtedness to finance the cost of construction, alterations, improvements and repairs as above particularly set forth.

3. That the construction of said County Jail and the construction of the alterations, improvements, and repairs to the County Courthouse, shall be financed by the issuance of certificates of indebtedness of the County, pursuant to the provisions of Chapter 135, Florida Statutes, and said Resolution adopted on the 31^st day of August, 1959, and this Resolution and as shall be provided in Resolutions to be hereafter adopted by this Board of County Commissioners pursuant to Law, and in conformity with said Chapter 135, Florida Statutes.

4. This Resolution shall take effect immediately.

/s/ Cecil C. Theus

/s/ J. Cowart

/s/ O. M. Simpson

/s/ R. G. Bishop

/s/ Fred Cross

As and Constituting the

Board of County Commissioners

of Lake County, Florida

ATTEST: Frank E. Owens

Clerk, Board of County

Commissioners

BOARD ADJOURNED FOR LUNCH - RECONVENED AT 2:00

NOTICE HAVING BEEN ADVERTISED FOR THE PURCHASE OF A DRAGLINE

FOR DISTRICT NO. 2 - THE FOLLOWING BIDS WERE RECEIVED:

Square Deal Machinery – Orlando

1 – Link Belt Speeder Model LS-78 heavy duty ¾ yd $32,415.00

Dragline less trade-in old dragline 5,900.00

$26,515.00

If GM 3-71 engine is acceptable, discount 1,700.00

Net Bid $24,815.00

Alternate Bid:

1 – Link Belt Speeder Model LS-78 with GM 3-71 engine

35 ft of boom, tag line winder and standard lower

(11’ 4”) 24” shoes $29,300.00

Trade-in Allowance 5,900.00

If a Cat D-318 engine is preferred add 1,700.00

Net bid $25,100.00

Alternate Bid – Square Deal

Link Belt model LS-78 with long lower (13’7”), 30”

GM 3-71 engine $31,166.00

Less trade in allowance on NW Model 25’ dragline 5,900.00

Net bid $25,266.00

Florida Equipment Company

1 – Model 305 Koehring Heavy Duty Crawler Excavator,

Dragline – Clamshell less buckets – Caterpillar

Model D-3186 Diesel Engine $31,625.00

Less allowance for trade of old NW 25 dragline 11,000.00

$20,625.00

If Crawlers 11’5” long acceptable deduct 320.00

Net Price $20,305.00

Florida Georgia Tractor Company

1 – new Northwest Model 25-D Combination Clamshell $20,515.00

Dragline after deducting trade-in allowance for

NW 25 Dragline (old)

Optional:

If Caterpillar D-318 engine desired in lieu of Murphy

- Add $130.00

If 24” shoes desired in lieu of 28”, deduct $60.00

Moody & Sons, Inc.

1 Model 375 BC American Crawler dragline clamshell

Combination powered by Model D-318 Caterpillar

Diesel engine $27,770.00

Less trade in model 25 Northwest dragline 7,270.00

Net less trade – in $20,270.00

Llewellyn Machinery Corp

1 Bucyrus-Erie heavy duty ¾ yd combination clamshell

& Dragline $30,664.00

Less allowance for NW D/L #12085 $10,000.00

Approximate freight $1,200.00

30” by 12’ 9” track can be obtained for

additional $1,490.00

Motion by Commr. Cowart seconded by Commr. Cross and carried, that all bids on the dragline be taken under advisement until Monday, October 12, 1959.

Mrs. C. E. Shaw, President of the Lake County Historical Society, appeared before the Board re: the Society securing a permanent place for storing valuable historical records. She brought to the attention of the Board that the J. W. Hunter heirs have offered the home place of Mr. Hunter for this purpose for $6,000.00. Walton Hunter, one of the heirs, being present said the appraisers – Hunnicutt & Associates, valued the place at $7,900.00, but he appeared before the City Council and the Council reduced it to $6,200.00. Mr. Duncan stated the money is not in the budget for the purchase of the house. There is $1,500.00 allocated for the Historical Society and the procedure now would be requisition by the Society for payment of $1,500.00 from the 1958-1959 budget.

DISCUSSION ON BUILDING A VAULT IN THE HOUSE

The Board agreed that a vault should be built for the safe keeping of the records. Mr. Simpson stated he thinks this is a good buy and asked if the Board agrees that it is a good buy. Mr. Cowart and Mr. Theus agreed that it is a good buy. The Board of County Commissioners concurred in the Historical Society.

Judge Hall appeared before the Board and stated there would have to be a fence around the Juvenile building to keep the children in and the public out, and other certain things done to make the building usable. Mr. Bishop and Mr. Theus will meet with Judge Hall after this meeting to discuss this matter.

Motion by Commr. Cowart seconded by Commr. Bishop and carried that Chas. P. Goodson, County Engineer, be reimbursed in the amount of $137.50 or 110 tons of lime rock salvaged from an accident to the Atlantic Coast Line Railroad train at Sorrento.

Mr. Russell of Hunnicutt Associates appeared before the Board re: Contract. Mr. Duncan stated in preparing the contract between Lake County and Hunnicutt & Associates a few changes have been made in the original contract and these changes should be initialed by both the Chairman of the Board and Hunnicutt. WHEREUPON, ON MOTION OF Commr. Theus seconded by Commr. Bishop and carried, the Chairman and Clerk were authorized to initial the changes made in the Contract between Lake County and Hunnicutt and Associates.

PLAT OF LUCERNE WOODS, a replat of Orange Court Subdivision in the City of Leesburg was presented to the Board, with title opinion of H. L. Pringle, Attorney. Motion by Commr. Theus seconded by Commr. Bishop and carried, that the Plat of Lucerne Woods, a replat of Orange Court Subdivision in the City of Leesburg be approved.

PLAT OF YOUNG’S SUBDIVISION, part of Lot 39 of Plat of Lane & Jackson, Lane Park, with letter from Lake County Health Department, and title insurance policy FE-26366 issued by Title & Trust Company of Florida, was presented to the Board. Mr. Bishop stated he would like to look at the subdivision and asked that the Plat be held until Monday, October 12 for approval. Plat held.

Don Kemp, Lawrence Atkinson and Gil Sims appeared before the Board in the interest of the location of the agricultural building. Mr. Kemp stated the committee has presented to Mr. Duncan three specific sites for the location, and now ask that the Board appoint a committee of two to serve with them on the committee. WHEREUPON, Chairman Simpson appointed Commr. Cross and Commr. Bishop to serve on this committee, and each of them agreed to serve. Letter from Mr. LaRoe, President of the Executive Committee, urging the Board of County Commrs. to take immediate action on constructing the Lake County Agricultural Center on the location approved by the countywide Agricultural Committee was read and filed.

Mr. Duncan filed report of his findings on the Request of Miss Winifred Kitchen for homestead exemption on her home in Leesburg, which has been denied by the Tax Assessor. Mr. Duncan’s conclusion is that the ruling of the Tax Assessor in refusing the Homestead Exemption is correct and in his opinion should be sustained. WHEREUPON, on motion by Commr. Cowart seconded by Commr. Theus and carried, Clerk Owens was instructed to notify Miss Kitchen that the decision of the Tax Assessor in refusing homestead exemption on her property in Leesburg is sustained by the Board of County Commissioners and her appeal is hereby denied.

Motion by Commr. Theus seconded by Commr. Bishop and carried that General Fund #2,325 in the amount of $2.00 darted September 14, 1959, made payable to Mrs. Merle Todd, R. N. for Inquisition of Incompetency – Harry Edward Brittain, Jr., be cancelled. Mrs. Todd works for Lake County Health Department and wrote “sorry but I cannot accept it.

Motion by Commr. Theus seconded by Commr. Cowart and carried, that the Notice from the Tax Assessor to the Tax Collector to collect taxes on the real estate property, and on the tangible personal property assessment roll for the year 1959 be approved and signed by the Commissioners, and that Clerk Owens be instructed to record the Warrant to the Tax Collector in the Minutes as follows:

THE STATE OF FLORIDA

TO: PAUL H. REED Tax Collector of the County of Lake

You are hereby commanded to collect out of the real estate and personal property, and from each of the persons and corporations in the annexed roll, the taxes set down in each roll opposite each name, corporation or parcel of land therein described, and in case taxes so imposed are not paid at the time prescribed by law, you are to collect the same by levy and sale of the goods and chattels, lands and tenements so assessed, or of the person or corporation so taxed; and all sums collected for the State taxes you are to pay to the State Treasurer at such time as may be required by law, and at the same time you are to pay to the legally qualified Depository all sums collected for County taxes, district school taxes and other special taxes; and you are further required to make all collections on or before the first Monday in April; and on or before the first Monday in July you will make a final report to and settlement with the Comptroller and County Commissioners.

Given under my hand and seal this the 5^th day of October in the year A. D. 1959.

R. G. Cassady

Assessor of Taxes Lake County.

Executed copy of Right of Way Contract on Job 11580-2601; SR S-46-A filed.

Clerk Owens filed the following on Section 11640-2601; SR S-33 - Dixie Avenue Right of Way Contract in quadruplicate; SRD Right of Way Resolution and County Commissioners’ Resolution with Sepia and Prints.

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

WHEREAS, the State Road Department of Florida has authorized and requested Lake County to furnish the necessary rights of way, borrow pits and easements for that portion of Section 11640, State Road S-33, extending from intersection of Canal Street and Dixie Avenue in Leesburg Easterly and Northeasterly to State Road 44 & 500, which has been surveyed and located by the State Road Department as shown by a map on file in the office of the Clerk of the Circuit Court of said County, and in the office of the said Department at Tallahassee; and

WHEREAS, the said Department will not begin construction of said portion of said Section in said County until title to all land necessary for said portion of said Section has been conveyed to or vested in said State by said County, and said lands are physically cleared of all occupants, tenants, fences, buildings and/or other structures and improvements upon or encroaching within the limits of the land required for said portion of said Section; and

WHEREAS, the said County is financially unable at this time to provide the necessary funds to acquire said rights of way, borrow pits and easement; now, therefore, be it

RESOLVED, that said County, through its Board of County Commissioners comply with the request of said Department and procure, convey or vest in said State the free, clear and unencumbered title to all lands necessary for said portion of said Section and deliver to the State Road Department said lands physically clear of all occupants, tenants, fences, buildings, and/or other structures and improvements situate upon or encroaching within the limits of the lands required for said portion of said Section and that the Chairman and the Clerk of this Board be and they are hereby authorized and directed to execute and deliver on behalf of said County to said Department the Contract in the form hereto attached; and be it further

RESOLVED, that the attorney for this Board be, and he is hereby authorized and directed to proceed to take the necessary steps for the County to acquire in the name of said County by donation, purchase, or condemnation said rights of way, borrow pits and easements for said portion of said Section, and to prepare in the name of said County by its County Commissioners all condemnation papers, affidavits and pleadings, and prosecute all condemnation proceedings to judgment; and furnish to the Department the abstract search provided for in said Contract.

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

WHEREAS, it has been brought to the attention of the Board of County Commissioners that Houston Texas Gas & Oil Company, in its operations for laying of gas mains through Lake County, has damaged certain roads in Lake County; and

WHEREAS, under the agreement between said Company and Lake County, the Company agreed to repair any damage done to roads in the laying of pipes; and

WHEREAS, the Company has requested Lake County to determine whether or not the Company should repair said roads, or the County should repair the same and the County has determined that the roads should be repaired by the Company;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the Houston Texas Gas & Oil Company be requested to make the repairs necessary due to the damage done to said roads in the laying of the pipes; and that the repairs be done in accordance with the following specifications:

DESCRIPTION OF THE WORK

The work herein described consists of an Asphaltic Concrete Surface Course, Type II, composed of a mixture of aggregate material and mineral filler laid upon the existing sand-bituminous base. The base shall be thoroughly cleaned for the full width of the pavement and the tack coat applied. For this work a minimum stability of 1500 pounds per square inch as determined by the Hubbard method is required.

The asphaltic material shall be spread by means of an approved type mechanical spreader.

THE MIX PROPORTIONS SHALL BE AS FOLLOWS

Mineral Aggregate.................................................... 89-95 per cent of total

Asphalt Cement......................................................... 5-11 percent of total

The aggregate material shall consist of crushed stone, crushed shell or crushed slag, or a combination of either with clean local sands properly graded from fine to coarse, such aggregate to all pass a half inch (1/2”) square screen. The Asphalt Cement shall meet the ASSHO, M-20 requirements for asphalt cement penetration grade 85-100. The aggregate shall be dried at the plant at a temperature of 270 to 350 degrees F. before entering the mixer. The Asphaltic Cement shall be introduced into the mixer heated to a temperature between 270 to 350 degrees F. and the materials combined and mixed within the temperature range as above specified.

The mixing plant used shall be of approved type capable of delivering in continuous operation a minimum of 125 tons of mixed material per hour.

PLACING MATERIALS

The hot mixture shall be transported to the job in tight vehicles previously cleaned of foreign material and when necessary covered with a waterproof canvas cover of sufficient size to provide full protection from the weather.

The material shall be placed after the surface has been cleaned and a tack coat applied. Hand raking and feathering at the intersections and driveways will be required.

The mixture shall be laid only when the surface to be covered is dry and only when weather conditions are suitable. Any mixture caught in the rain may be laid at the contractors risk and only where proper diligence has been exercised to anticipate the rain.

Back patching shall be done after initial rolling and while the material is still hot and only after the compacted surface has been fully scarified.

After spreading, the mixture shall be rolled, such rolling to begin at the center and progress toward the outside paralleling the roadway center line. The speed of the rollers shall be allowed to avoid displacement of the material.

The rolling shall be accomplished by use of tandem steel-wheeled rollers weighing from 8 to 12 tons following as close behind the spreaders as is practical.

The newly placed material shall be fully protected from traffic until it has set sufficiently.

The minimum rate of application will be 80 pounds per square yard on the Wolf Branch and Drive-In Theater Roads and 60 pounds per square yard on the Brown Road.

Bill of K. B. Sears for itemized cost of mailing registration Roll in amount of $1230.00 was presented to the Board, WHEREUPON, on motion of Commr. Theus seconded by Commr. Cowart and carried, the bill of K. B. Sears for itemized cost of mailing registration Roll in the amount of $1230.00 was approved for payment.

Request of Paul H. Reed, Tax Collector, to buy a cabinet at a cost of $77.25 was approved by the Board.

Request of Clerk Owens to purchase chancery dockets – price of 1 volume $148.00, or 2 volumes $246.00 was approved by the Board.

The request of Clerk Owens for $____ for the purpose of paying State Trial Witnesses before the Court at the Fall Term of Circuit Court 1959 was approved by the Board.

Clerk Owens was authorized to get price on one Counter Unit consisting of four 3-drawer legal files.

Motion by Commr. Theus seconded by Commr. Cowart and carried that the Payroll for the month of September be approved.

Motion by Commr. Theus seconded by Commr. Bishop and carried, that Clerk Owens be authorized to transfer $5,400.00 from the Contingency Item Sheriffs to Item 316 – salaries of Deputy Sheriffs and Assistants; also transfer $600.00 from the Contingency Item Sheriffs to Item 364 – expense other than salaries Sheriffs.

Motion by Commr. Cross seconded by Commr. Theus and carried that the Resolution adopted September 8, 1959 (Min Bk 17, page 475) designating the Umatilla State Bank as depository for the New Accounts be Amended to read as follows:

That the Umatilla State Bank be designated as the depository for Bond Interest and Sinking Fund (County Buildings); and that the Peoples State Bank of Groveland be designated as the depository for Capital Outlay Reserve Fund (Agricultural Building).

Motion by Commr. Cowart seconded by Commr. Bishop and carried, that the Clerk be instructed to advertise in the Eustis Lake Region News for the following:

One dump truck with 5-yard body for District #2

One dump truck with 5-yard body for District #3

Two dump trucks with 5-yard body for District #4

With same specifications as the bids received today.

Mr. Duncan stated we need to get an easement from Holloway in Orlando re the Lake Saunders Ditch. Mr. Goodson stated he will get this easement this week.

notice having been advertised for the purchase of a tractor for d-5 the following bids were received

W. M. IGOU, INC. – Eustis

Allis Chalmers tractor $4,725.00

Hood Tractor Company – Leesburg

New Model FPM Fordson Power Major

Diesel Tractor $3,500.00

Hodges Equipment Company – Leesburg

International Model 460 Diesel Utility Tractor $4,157.00

Commr. Cross stated the trade-in old tractor was inadvertently left out of the Notice to Bidders and asked that the bidders who are present make an offer by letter before next Monday, October 12^th, at 10:00 A.M.

Motion by Commr. Cross seconded by Commr. Bishop and carried, that the bids be referred to County Engineer, Chas. P. Goodson, for report at the meeting October 12^th.

notice having been advertised for the purchase of a dump truck for district #5, the following bids were RECEIVED

Joe Creamons Chevrolet Inc. – Eustis

Option #1 – less trade-in $5,368.87

Option # 2 $5,418.87

Option #3 $5,385.87

Hodges Equipment Company – Eustis

Gallion truck and body $5,606.20

Less trade-in 450.00

Net $5,156.20

Jungle Auto Service – Leesburg

GMC Net $5,195.00

Motion by Commr. Theus seconded by Commr. Bishop and carried, that the bids be referred to County Engineer, Chas. P. Goodson, for report on Monday, October 12, 1959.

notice having been advertised for the paving of the gun shop road – no bids were received

Motion by Commr. Theus seconded by Commr. Cross and carried, that Clerk Owens be instructed to re-advertise for bids for resurfacing the Gun Shop Road giving price per square yard with same specifications as had for today.

Clerk Owens read a letter from J. D. Williams and P. Wiess to Commr. Cross stating in part – “We always find time to complain, but not much time to say “thanks,” so here’s our thanks for scraping our road.”

FOLLOWING FILED WITH THE BOARD

o Letter from State Bd of Health re: Obligation of funds for medically indigent

o Fred G. Owles, Jr., AIA Architect re: Plans for County Home on new site in Leesburg

o Walter Warren re: Licenses for carrying firearms

o Fall Conference to State Assn of County Commissioners October 19-20-21, 1959 Angebilt Hotel