MINUTES OF the REGULAR MEETING OF THE BOARD OF COUNTY commissioners

monday – november 2, 1959

 

The Board of County Commissioners met in regular session in the County Commissioners’ room in the Courthouse at Tavares on Monday, November 2, with the following present:  Chairman Simpson; Commissioners Theus, Cowart, Bishop, and Cross; Attorney Duncan; and Mrs. Robertson, Deputy Clerk.  (Mr. Owens attending Court)

The Board was called to order by Chairman Simpson.

Motion by Commr. Theus seconded by Commr. Cowart and carried, that the minutes of October 5th, 12th and 16th, 1959 be adopted as read.

Clerk Owens reported he had approved since the first regular meeting in October the following Notary Public Bonds with:

American Surety Company of New York

Donald B. Taylor 10-13-59; Rachel Patrick 10-22-69; Myra F. Lewis 10-22-59; and William A. Wiseman 10-30-59.

American Fire & Casualty Company

Alice W. Lockmiller 10-21-59; Geo. H. Guerry 10-21-59 and James M. Hoskinson 10-30-59.

U. S. Fidelity & Guaranty Company

Marion L. Fletcher 10-6-59; Isabel Patterson 10-26-59.

Fidelity and Casualty Company of New York

Betty R. Swanson 10-26-59.

The Board approved the Notary Public Bond of Roy W. Caldwell with Mass. Bonding and Insurance Company of Boston.

The Board approved the following Deputy Sheriff’s Bonds with Hartford Accident & Indemnity Company:

Collis F. Godwin Cassia, Florida                   Nell N. Bell, Leesburg, Florida

C. W. Brooks, Clermont, Florida                   Wilbur Jackson Jones, Mascotte, Florida

Troy Ellis Shaw, Mount Dora, Florida          L. J. Traynor, Clermont, Florida

John Sherman Moore, Leesburg, Florida      Owen Wynn Conner, Lake Jem, Florida

 

Motion by Commr. Bishop seconded by Commr. Cowart and carried that the application of Bowman Brown Company for issuance of a duplicate tax certificate No. 212 covering NE ¼ of SE ¼ Section 11-23-26 be approved.

The following checks were filed with the Board:

Frank W. Forth to Lake Co. Commr. Dist. #2 $34.00 – refund for expenses for brother

Davis Groves to Lake Co. Commr. Dist. #2 $56.00 – for culvert

Mr. Orr – Cashier’s check to Co. Comr. D-1 $30.00 – paving Lot 112 Moss Rd. Griffin Shore Subdivision

Bowen to Lake Co. D-4 – for pipe - $184.00

Henry L. Bayless to Co. Comr. D-5 $25.00 – for oil on road

Tywilde Co. to Lake Co. D-5 $34.44 – 1 pipe 15” x 14’ Ferndale Grove

Tyre Groves to Lake Co. D-5 $137.44 – pipe Higley grove

Town of Umatilla to Lake Co. D-5 $1120.34 – asphalt

Mr. Roy Christopher, Attorney, appeared before the Board in behalf of Mrs. Elliott and presented Petition to vacate part of a street in Mount Plymouth.  Mr. Simpson stated this is a dangerous street as it has a sinkhole in it and it should be closed. 

SAID PETITION BEING AS FOLLOWS:

To The Honorable Board of County Commissioners of Lake County, Tavares, Florida – Gentlemen:

            We, Charles E. Elliott and Ida E. Elliott, the owners and holders of the following described property, to-wit:

Lots 8 to 14, inclusive, Block 12; Lots 1 to 18, inclusive, Block 24; and Lots 1 to 20, inclusive Block 25; all according to the official plat of Mount Plymouth Subdivision, lying and being in Lake County, Florida, as shown upon the public records thereof,

 

Do hereby petition your Honorable Body to close and vacate that part of the following described streets:

 

That part of Creston Avenue, lying and being between Blocks 24 and 25, and that part of Arlington Avenue, lying, abutting and adjacent to Lots 8 to 14, Block 12, all according to the official plat of Mount Plymouth Subdivision, as shown upon the public records of Lake County, Florida.

 

Your Petitioners further state that said streets have existed upon the plat of Mount Plymouth Subdivision and for some thirty-three years have not been used as public street, and that your Petitioners are the adjacent owners of all the above described properties abutting on said streets, and that that part of Creston Avenue, which is platted for a street right-of-way is non-existent insofar as in the middle of the same, between Blocks 24 and 25 there is a large sink hole rendering it impractical to ever make said street passable for public use.

Your Petitioners further state that no other property owner would be damaged or affected by the vacation of the parts of streets as hereinabove described.

Petitioner further states that the above described streets are not a part of any Federal, State or County, Highway, or public road.

WHEREFORE, Petitioners respectfully pray this Honorable Body that after due publication of notice of intention that the said Honorable Board of County Commissioners pass this Resolution vacating that part of the above described streets.

                                                                                    Respectfully submitted,

                                                                                    Charles E. Elliott – Ida E. Elliott

LAKE SCHERMERHORN

Mr. Duncan stated he has received a letter from Mr. Van Ferguson of the Trustees of the Internal Improvement Fund in which he stated the State has no claim on the bottom of the lake because it is included in the original grant from the King of Spain to Moses Levy, and that the grant was confirmed by U. S. when Florida was purchased.  For that reason the Federal Government nor the State has any claim to the bottom of the lake.  Mr. Duncan was instructed to see if the bottom of the lake was acquired under the Murphy Act.  See if there is any law that would support the use of the road and water for certain purposes.  Mr. Duncan stated all he has at the present is the letter from the Trustees.

DISCUSSION ON FILL ON EMERALDO ROAD

Commr. Cross stated he proposes to put in a bridge and take out the pipes under the road.  The bridge would cost approximately $700.00 and be 28 feet long and wide enough for one way traffic.

AGREEMENT FOR RAILROAD CROSSING

Mr. Skinner and Mr. Busk appeared before the Board in the interest of a crossing over the Railroad between Tavares and the other side of Dead River, and presented an Agreement of the Seaboard Air Line Railroad, with letter from A. M. Skinner stating as follows:  “I hereby agree to assume cost of construction of the proposed railroad crossing to be located at railroad mile post 780 plus 3531 feet.  These costs shall include costs of raising the Western Union Telegraph wires and other costs as shall be deemed necessary in the construction of this crossing.

I further agree to obtain an insurance policy in the name of the county which shall cover liabilities and injuries which may occur during the construction of the crossing.

                                                            Signed  A. M. Skinner”

At the bottom of the letter in Mr. Skinner’s handwriting is the following:  “The value of the above insurance policy to be $100,000.00   A. M. Skinner”

Deed from L. R. Busk and wife to Lake County was presented, WHEREUPON, on motion by Commr. Cross seconded by Commr. Theus and carried, the deed was accepted conditionally until decide where want the right-of-way.  Do not record the deed.  It has been tendered to Lake County for right-of-way.  Hold until find out the final right-of-way.

Motion by Commr. Bishop seconded by Commr. Theus and carried, that the Board of County Commissioners accept the Agreement for the crossing as requested and that the Chairman and Clerk be authorized to execute the same with the Seaboard Air Line Railroad Company.

LAKE SAUNDERS DITCH

Mr. Bishop reported that the Lake Saunders ditch has been finished and it has lowered the whole lake three inches.

Mr. Duncan presented Title Search of Lake Abstract & Guaranty Company on SR S-33 – Dixie Avenue in District #1, with bill in amount of $195.00, WHEREUPON, on motion of Commr. Cross seconded by Commr. Theus and carried, the bill of Lake Abstract & Guaranty Company in the amount of $195.00 was approved for payment.  Copy of Title Search filed.

Mr. Duncan reported that he has been appointed on a committee to study local schools.  In 1951 the Board of County Commissioners passed a Resolution to withhold from sale a block of land owned by lake County to be used for school purposes – Block 100, less certain part, North of the present school property.  Mr. Duncan said he will bring this up before the Town Council next Thursday and will at the next Board meeting present a Resolution to convey this property to the School Board.

Letter from Atty. Duncan enclosing right-of-way deed executed by Triple E Development Company to Lake County granting a 50 foot public right-of-way through portions of Section 33-21-26 was read, WHEREUPON, on motion of Commr. Bishop seconded by Commr. Cowart and carried, the following Resolution was adopted:

WHEREAS, Triple E Development Company has executed and delivered to Lake County, conveying to Lake County a 50 foot public right-of-way through portions of Section 33, Township 21 South, Range 26 East, which Deed has been accepted for recording; and

WHEREAS, it appears that the construction of a road along the Easement granted in said Deed will benefit the public and will be used by the public in general;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the Deed as tendered by the Triple E Development Company be accepted for roadway purposes and that a public road is hereby declared and established along the right-of-way so conveyed.

Mr. Duncan advised that the Zoning Commission is now activated and the Director is receiving money as required by the Act and should be bonded and his help should also be bonded, WHEREUPON, on motion of Commr. Theus seconded by Commr. Bishop and carried, the following Resolution was adopted:

WHEREAS, under the provisions of Chapter 57-1486, Laws of Florida, for the Year 1957, Zoning Commission was established and, under the provisions of said act, no building may be erected in any zoned area without first having made application for permit; and

WHEREAS, said Zoning Commission having zoned the property in Lake County, described in said Act, and the provisions thereof having been activated;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the Director of the Zoning Commission, heretofore designated by said Commission, and the Clerk for the Zoning Commission, each be, and he is hereby appointed by the Board of County Commissioners as the Officer and Agents of the Board of County Commissioners for the purpose of receiving applications for permits, construction of buildings, and, upon the approval thereof, to issue such permits and receive the fees required by said Act for the issuance thereof, and shall issue his receipts for payment of fees in duplicate, delivering one to the applicant; that the Director or the Clerk shall make daily deposits of all receipts of money for permits in the Bank of Tavares, Tavares, Florida, and pay the sums so collected to the County Commissioners bi-monthly, on the 15th and 30th days of each month, or the nearest preceding day, should such day fall on a legal holiday.

BE IT FURTHER RESOLVED that the Director of the Zoning Commission and the Clerk of said Board, each shall furnish to the County Commissioners a Surety Bond, made payable to the Board of County Commissioners, in the sum of ONE THOUSAND ($1,000.00) DOLLARS.

Mr. Duncan stated that Thomas H. Hancock is willing to convey to Lake County for road purposes the South 2/3 of North ¾ of the SE ¼ of SW ¼ and South 2/3 of North ¾ of E ½ of SW ¼ of SE ¼ of Section 26-22-26.  Mr. Duncan suggested that the deed from Hancock be accepted subject to furnishing evidence of title – approval of title by attorney or title insurance, WHEREUPON, on motion of Commr. Bishop seconded by Commr. Cross and carried, the Board accepted the deed from Thomas H. Hancock, a single man, for right-of-way to straighten the present road, subject to title being approved by an attorney or furnishing title insurance.

Mr. Duncan presented supplemental appraisal of Appraisers Arthur George, Walter Krieg and Carl E. Henderson on Lots 16 and 17, Shepherd of the Hills Subdivision – Lake Shepherd to Ferndale Road.  The lots had been sold before the appraisal was made.  A ditch runs through the middle of Lot 17.  Both lots belong to Charles Carden.  The appraisers reappraised Lot 17 at $800.00 and Lot 16 at $50.00.  Mr. Bishop thinks the ditch should not be running through the middle of Lot 17, but should be on the line or on Lot 16 which is the lot of less value.  COPY OF SAID APPRAISAL FILED WITH THE BOARD.

Mr. Simpson reported that since the speed limit of 35 miles per hour has been put on the old Eustis-Mount Dora road the activity has shifted to Morning Side Drive, and we should have a speed limit of 35 miles per hour placed on this drive, WHEREUPON, ON MOTION OF Commr. Bishop seconded by Commr. Cross and carried, the following Resolution was adopted:  AND MR. GOODSON INSTRUCTED TO PUT UP SIGNS:

WHEREAS, a paved road commencing at Federal Highway 441 in Sylvan Shores and extending Northerly to intersect the old county road running from Mount Dora to Eustis, and known as the Morning Side Drive, which is a county road; and

WHEREAS, because of the 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 road, the maximum speed limit on the road above described is hereby set and determined to be 35 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 provision of Law for the committing of misdemeanors.

TITLE SEARCH OF INLAND ABSTRACT AND TITLE COMPANY on Job 11685-2601, SR No. S-439 – extending from SR 42 South to SR 44 lying East of Umatilla, together with bill for same, was filed with the Board,          WHEREUPON, on motion of Commr. Cross seconded by Commr. Theus and carried, the bill of Inland Abstract & Title Company in the amount of $570.00 for title search on the above described road be approved for payment out of Secondary Road Funds.

Bill of Arthur George, R/W agent, for securing right-of-way deeds re:  State Road 561-A – Lake Sheperd to Ferndale Road in District #3 in the amount of $231.25 was approved for payment on motion of Commr. Bishop seconded by Commr. Cowart and carried.

PETITION FOR CLOSING PLATTED AVENUE IN FORT MASON, with Proof of Publication was filed with the Board as follows:

TO BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA:

YOUR PETITIONERS, FLORIDA FOOD PRODUCTS, INC., a Florida Corporation and HERMAN E. L. BRAINARD and MARGARET E. BRAINARD, his wife, the owners of all the property abutting the following described avenues, hereby respectfully request and Petition that the Board of County Commissioners of Lake County, Florida, renounce, Quit-claim and Disclaim any right of the County of Lake and the public in and to the following described avenues located in the Plat designated as “Partial Re-Plat of Fort Mason,” which Plat is filed and recorded in the public records of Lake County, Florida, in Plat Book 11, Page 27:

DRIVEWAY- Begin at the intersection of Driveway and Cordelia Street and run Northeasterly along said driveway to the South boundary of the A. C. L. R. R. right-of-way, all according to said Partial Re-Plat of Fort Mason.

 

CORDELIA STREET - From the Southeast corner of the Southwest Quarter of Section 34, Township 18 South, Range 26 East, run West 46.42 feet, run thence 62°45’ West 693.40 feet, for point of beginning.  That portion of Cordelia Street lying Northwesterly of said point of beginning for a distance of 250 feet.

 

And, in support of said Petition, respectfully shows:

1.     That all of the owners adjoining, abutting and affected by the avenues hereinabove with the properties respectively owned by them, are as follows:

a.      Herman E. L. Brainard and Margaret E. Brainard, his wife – All of that land abutting Driveway and lying on the East side thereof.

b.     Florida Food Products, Inc., a Florida Corporation, having its principal place of business in Eustis, Lake County, Florida – all that property abutting Driveway on the East side thereof and abutting Cordelia Street on the Northern and Southern sides thereof.

2.     That said avenues are not included within any incorporated municipality of Lake County, Florida.

3.     That said avenues are not a part of any County, State or Federal Highway.

4.     That said avenues, to Petitioner’s knowledge, have never been opened for public use, and have never been used by the public;

5.     That the closing of said Avenues will not interfere with the road system and will not deprive any person owning property near or adjacent to said avenues of any means of ingress or egress to any existing public highways.

6.     That Petitioners have published a Notice of Intention to Close said platted avenues in the Tavares Lake County Citizen Newspaper, as required by law for closing of streets and venues, and present with this Petition proof of publication of said Notice.

RESPECTFULLY SUBMITTED this 2nd day of November A. D. 1959.

                                    FLORIDA FOOD PRODUCTS, INC.

                                    By:  Jerry Brown, Pres.

                                                /s/ Herman E. L. Brainard

                                                     Herman E. L. Brainard

 

                                                /s/ Margaret E. Brainard

                                                     Margaret E. Brainard

 

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

WHEREAS, FLORIDA FOOD PRODUCTS, INC., A Florida Corporation, and HERMAN E. L. BRAINARD and MARGARET E. BRAINARD, his wife, the owners of the land abutting the following described platted avenues, have presented to the Board of County Commissioners of Lake County, Florida, a Petition to close certain platted avenues in Lake County, Florida, as they appear on the Plat designated as “Partial Re-Plat of Fort Maston,” which Plat is filed and recorded in the public records of Lake County, Florida, in Plat Book 11, page 27, and more particularly described as follows:

DRIVEWAY – Begin at the intersection of Driveway and Cordelia Street and run northeasterly along said driveway to the South boundary of the A.C.L.R.R. right of way, all according to said Partial Re-Plat of Fort Mason.

 

CORDELIA STREET – From the Southeast corner of the Southwest Quarter of Section 34, Township 18 South, Range 26 East, run West 46.42 feet, run thence 62° 45’ West 693.40 feet, for point of beginning. That portion of Cordelia Street lying Northwesterly of said point of beginning for a distance of 250 feet.

 

And said Petition is in proper order and form; and

 

WHEREAS, said Board of County Commissioners has, on this the 2nd day of November, A.D. 1959, at its regular meeting at 10:00 o’clock in the forenoon in its office in the Courthouse at Tavares, Florida, considered the advisability of renouncing and disclaiming any right of Lake County and the public in and to the above described platted avenues, and the advisability of vacating, abandoning, discontinuing, and closing same; and a Notice of this meeting was published, according to law, in the Tavares Lake County Citizen, a newspaper of general circulation, published at Tavares, Lake County, Florida, proper proof of the publication of which has been submitted to the Board of County Commissioners; and

WHEREAS, the Board has considered said application and no objections have been made to the closing of said avenues; and it appears to the Board that the continued dedication of said platted avenues can serve no useful service to the public.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that the platted roads or avenues hereinbefore more particularly described, be henceforth closed, abandoned, discontinued and vacated ; and that the Board of County Commissioners, acting for Lake County and the public, does hereby renounce and disclaim any right, title or interest in and to the said platted avenues, and that the title to the said platted avenues be vested in the adjoining property owners in accordance with law.

BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA

BY:______________________________________________, Chairman

                                                                                                                                                                                                                                                 O. M. SIMPSON

 

ATTEST:  ____________________

                 Frank E. Owens, Clerk

 

Motion by Commr. Cross seconded by Commr. Bishop and carried, that the Amended Budget for the 1958-1959 be approved.  Said Amended Budget being as follows:

 

(SEE COMMISSIONERS’ MINUTE BOOK 17,

LAKE COUNTY, FLORIDA, PAGES 521-523)

 

Mr. Goodson, Zoning Director, filed three applications for change of Zoning from residential (R-1-A) to commercial, WHEREUPON, on motion of Commr. Cross seconded by Commr. Theus and carried, the following Resolution was adopted:

WHEREAS, the Zoning Director for the Lake County Zoning Commission has submitted certain recommended changes in the Zoning Regulations heretofore approved by the Board of County Commissioners, and in said report shows that Zoning Commission has approved the suggested changes and has recommended to the Board of County Commissioners that said requests be granted.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the recommended changes, as submitted by the Lake County Zoning Commission, as presented in the following form:

“Tavares, Fla.

Nov. 2, 1959

 

“Board of County Commissioners

Lake County, Tavares, Florida

 

Gentlemen:

 

            “A public hearing was held on October 30, 1959 to review application of Beverly Grizzard for change of Zoning from Residential (R-1-A) to Commercial on property described as:

 

            “Govt lot 4 and that part of Govt lot 3 lying north of the County Road both in Section 14,      Township 19 South, Range 24 East.

 

“Those present were:

J. E. French                                                                                      C. P. Goodson  

S. L. Kilgore                                                                                    R. S. Webb

G. G. Amory                                                                                    Reba Harris

 

“Review of the application developed that the easterly and westerly portions of the lands constituting the application are in use commercially, that such was the case on October 12, 1959 and that the applicant has plans for commercial installations upon the lands now vacant although not at this time under actual development considered also was the influence of this applicant of adjacent zoned areas.

 

“following a field review of the property the application was accepted and accordingly it is respectfully recommended to the Board of County Commissioners of Lake County that the request be granted and that the property as above described be accorded the designation of Commercial (C-1).

                                                                                                            Respectfully submitted,

                                                                                                            /s/ C. P. Goodson

                                                                                                            C. P. Goodson

                                                                                                            Zoning Director”

 

                                                                                                            “Tavares, Fla.

                                                                                                            Nov. 2, 1959

 

“Board of County Commissioners

Lake County, Tavares, Florida

 

Gentlemen:

 

            “A public hearing was held on October 30, 1959 to review application of George K. Reedy for a change of Zoning from Residential (R-1-A) to Commercial on property described as follows:

 

“That part of the West 330 feet of Govt lot 6 lying North of State Roads 19A and 500 (U.S. 441) and the West 10 acres of the SW ¼ of the NW ¼ of Section 25 Township 19 South, Range 26 East except the Reedy-Kirkland Subdivision as recorded in plat book 14, page 30, Public Records of Lake County, Florida.

 

“Those present were:

J. E. French                                                                                      Charles P. Goodson

S. L. Kilgore                                                                                    Robert Webb

G. G. Amory                                                                                    Reba Harris

 

“From review of the use of the area, the influence of the adjacent community and location of the land with respect to other zoned areas he application was accepted and accordingly it is respectfully recommended to the Board of County Commissioners of Lake County that the request be granted and the property as above described be accorded the designation of Commercial (C-1).

 

                                                                                                         Respectfully submitted,

                                                                                                            /s/ C. P. Goodson

                                                                                                            C. P. Goodson

                                                                                                            Zoning Director”

 

                                                                                                            “Tavares, Fla.

                                                                                                Nov. 2, 1959

 

 

“Board of County Commissioners

Lake County, Tavares, Florida

 

“Gentlemen:

 

            “A public hearing was held on October 30, 1959 to review application of West Sylvan Shores Inc. for change of Zoning from Residential (R-1-A) to Commercial on property described as follows:

 

“That part of the East ¾ of Govt Lot 6, Section 25, Township 19 South, Range 26 East lying North of the right of way of State Road 500 (U.S. 441); also that part of the East ¾ of the SW ¼ of the NW ¼ of Section 25, Township 19 South, Range 26 East lying South of the West Sylvan Shores Subdivision according to Plat Book 14, page 2, Public Records of Lake County; also lots 1, 2 & 3 of West Sylvan Shores Subdivision according to Plat Book 14, page 2 Public Records of Lake County.

 

“Those present were:

“George B. Gonyo, Stockton, Whatley, Davin – Orlando

J. H. Mann, Mann Construction Co. – Orlando

T. J. Croake, West Sylvan Shores Inc., Mt. Dora

J. E. French, Zoning Commission

S. L. Kilgore, Zoning Commission

George Armory, Zoning Commission

Reba Harris, Zoning Commission

C. P. Goodson and Robert Webb

 

“From review of development of the area prior to October 12, 1959, including use of land, recorded leases with tenants, contract with building contractor, location of area with respect to other zoned areas and influence on the adjacent community, the application was accepted and accordingly it is respectfully recommended to the Board of County Commissioners of Lake County that the request be granted and the property as above described be accorded the designation of Commercial (C-1).

 

                                                                                                         Respectfully submitted,

                                                                                                            /s/ C. P. Goodson

                                                                                                            C. P. Goodson

                                                                                                            Zoning Director”

 

be, and the same are hereby approved and granted, and that the areas above described shall henceforth be zoned in the manner recommended and described in the reports of the Lake County Zoning Commission, as above particularly set forth.

 

Mr. Duncan reported that Mr. Owens is not quite ready to make a report on space for Hunnicutt to work.  Has looked at one large room, which he thinks is ample for this work.  Close enough to Courthouse.  Monthly rent $100.00.  He has asked Mr. Hunnicutt to come up and look at the space, as he does not want to accept until they have inspected the space.  Mr. Owens said he would like authority to lease the space, subject to approval of Hunnicutt, WHEREUPON, on motion of Commr. Cowart seconded by Commr. Bishop and carried, Clerk Owens was authorized to rent the space if it meets the approval of Hunnicutt & Associates.

Letter from Judge Futch and letter from Alan Hamlin re:  Sale of books belonging to Hamlin Estate to Lake County, was read.  Judge Futch’s letter stated Alan Hamlin has offered to sell to Lake County Circuit Court Library a complete set of American Law Reports, First Edition, commonly referred to by the profession as “A.L.R. old series” for the price of $800.00.  This set of books would be a valuable addition to our library and I trust you will authorize the purchase.  It is true they are classed as “second-hand,” but to buy them from a regular book house would cost in the neighborhood of $1,000.00.  Mr. Hamlin’s letter stated in part as follows:  “Part of this set of books is owned by Carl E. Duncan jointly with my father’s estate.”  Mr. Duncan stated this matter was taken up with him by Judge Futch and in order to complete the sale, I am willing to go along with this.  I am not interested directly in making the sale and have no desire to sell.  Am just simply cooperating with Alan and the Judge.

Motion by Commr. Cross seconded by Commr. Cowart and carried, that the Board of County Commissioners purchase the Hamlin set of law books – referred to as “A.L.R. old series” – for the Lake County Circuit Court Library for the sum of $800.00.

Mr. Doug Ellar introduced the staff writer of the Times Union to the Board.

Request of R. E. Norris, County Agent, to purchase from Rumley Typewriter Company, Leesburg – one Royal 13 inch carriage typewriter for the sum of $200.25 was presented to the Board and Clerk Owens was instructed to notify Mr. Norris to get quotations from other firms.

Motion by Commr. Cowart seconded by Commr. Theus and carried that General Revenue Fund warrant #2,472 dated September 30, 1959, made payable to R. A. Gray, Secretary of State, in the amount of $7.00 for certified copy of House Bill No. 2245, be cancelled as this bill was paid under date of September 18, 1959.

Letter from R. G. Cassady, Tax Assessor, requesting the following was read:

1 electric typewriter to cost not more than                                     $400.00

1 BD70 Addressograph file cabinet cost not more than                 $480.00

2 office typewriter chairs to cost not more than            (each)             55.00

Motion by Commr. Cross seconded by Commr. Bishop and carried that R. G. Cassady, Tax Assessor, be authorized to purchase out of his excess fees the above listed equipment.

Bill of Carey Hand Funeral Home for additional professional services and assistance rendered Miss Betty Jean Brice, deceased, as a result of an autopsy in the amount of $133.69 was approved on motion of Commr. Cross seconded by Commr. Theus, and carried.

Motion by Commr. Bishop seconded by Commr. Theus and carried, that Clerk Owens be authorized to transfer $5,000.00 from Contingency Item I Road & Bridge Fund to Item #844-Juvenile Shelter.

Motion by Commr. Theus seconded by Commr. Bishop and carried, that the action of the Clerk and Chairman in issuing warrant in the amount of $418.25 dated October 29, 1959 to John W. Spencer for labor on Juvenile Shelter from October 19 through October 28, 1959, be approved.

Motion by Commr. Cowart seconded by Commr. Bishop and carried, that Clerk Owens be authorized to issue warrant on the General Fund in the amount of $1,721.68 to the Fine and Forfeiture Fund for Sheriff’s unexpended balance, which was erroneously deposited in the General Fund.

Motion by Commr. Cross, seconded by Commr. Theus and carried, that Clerk Owens be authorized to issue warrant on Road & Bridge Fund to Motor Vehicle Commissioner in the amount of $3.25 in payment of a tag and title certificate for a trail mobile trailer for District #1.

Motion by Commr. Theus seconded by Commr. Cross and carried that the action of the Clerk & Chairman in approving the applications of Frank Maynor and Georgie Mae Wilson for admittance to the Southwest T. B. Hospital be approved.

ANNUAL REPORT OF LAKE COUNTY SHERIFF, WILLIS V. McCALL for the year ended September 30, 1959 was filed with the Board.

Meeting adjourned for lunch, reconvened at 1:45 P.M.

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

DISCUSSION ON GARBAGE DISPOSAL IN SOUTH END OF COUNTY:

Letters from the following named parties related to the sanitary landfills and other complaints in South Lake County were read and discussed:

Charles B. Roe, Chr. City Council Clermont to Dr. Basil Hall, Director Health Unit.

Dr. J. Basil Hall, Director H.U. to Clermont City Council

F. F. Tanner, Director Mosquito Control to Charles B. Roe, Chr. City Council Clermont

Dr. J. Basil Hall to Chas. B. Roe.

After discussion on the letters referred to above, Mr. Goodson was directed to get a survey of 9 acres discussed.  He and Mr. Bishop to get the description of the land and give to Mr. Duncan to make title check on same.

NOTICE HAVING BEEN ADVERTISED FOR THE FOLLOWING:

            1 Dump truck with 5 yard body for D-3, without trade-in.

            2 Dump trucks with 5 yard bodies for D-4 with trade-in.

            1 Ford D-truck & 1 Chevy D-truck

The following bids were received and opened at 1:30 P.M.

Hodges Equipment Company – Leesburg

           

            2 International Model BC – 1892 trucks, less trade-in,

               Vacuum over hydraulic brakes net price                                        $7,802.46

 

                        Air brakes                                                                               $8,594.22

 

            1 International Model BC-1892 truck, identical with above,

                        Vacuum over hydraulic brakes                                              $4,651.23

 

                        Air brakes                                                                               $5,047.11

 

            Delivery in 30 to 45 days subject to effects of strikes, etc.

 

Jungle Auto Service – Leesburg

 

            1 new GMC Model 452 truck for net                                     $4,850.00

            2 new GMC Model 452 with trade-in 1 Ford, 1 Chevy                     $8,000.00

 

            Can deliver in about 2 to 4 weeks, regardless of strike

 

Butler Chevrolet Company - Leesburg

 

            Advised could not bid on account of steel strike.

 

Mr. Goodson, the County Engineer, checked the two bids received and reported that there  is a difference of $197.00 in the bids.  But, because of the agreement for a definite delivery date, regardless of strikes, he recommended the acceptance of the bids of the Jungle Auto Service;

WHEREUPON, Mr. Simpson relinquished the chair and Vice-Chairman Cross presided.  On motion of Commr. Simpson seconded by Commr. Bishop the following Resolution was adopted:

R E S O L U T I O N

WHEREAS, the Board of County Commissioners of Lake County have received bids for the sale of three trucks to the County, pursuant to due notices to receive bids; and

WHEREAS, it appears from said bids that the bid of Jungle Auto Service is $197.00 more than the other bid received, but that said bid stated that the trucks could be delivered within a definite period of time, regardless to strikes and the other bid could not make any definite agreement, the County Commissioners determined that the bid of Jungle Auto Service was the lowest and best bid for the equipment required.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the bid of Jungle Auto Service of Leesburg, Florida, under date of November 2, 1959, for the sale to Lake County of one new GMC Model 452 for District No. 3, and two new GMC Model 452 trucks for District No. 4 be accepted as the lowest and best bid.

BE IT FURTHER RESOLVED that the Clerk of the Court be authorized to issue a Warrant to Jungle Auto Service in the amount of $4,850.00 for one GMC truck for District #3, and a Warrant for $8,000.00 for two GMC trucks for District 4, and that said Warrants be delivered to Jungle Auto Service when the trucks so purchased have been delivered to Lake County and accepted.

After the adoption of the above Resolution, Chairman Simpson resumed the Chair.

Motion by Commr. Cross seconded by Commr. Bishop and carried, that Clerk Owens be authorized to advertise for Cut-back; Asphalt; Pipe – Metal and Concrete; and Crushed Stone, and Crushed Blast Furnace Slag.

Commr. Theus stated he wants to purchase a used 1953 GMC truck to use with trailer equipment; WHEREUPON, on motion of Commr. Bishop seconded by Commr. Theus and carried, Clerk Owens was authorized to advertise for a used 1953 GMC truck for D-1 to be used with equipment trailer.

A representative of Gray Audograph Machines – Lanier Company – was present during this meeting and recorded the proceedings.  The price of the machine is $353.00, plus $105.00 for secretary control, mikes and back spacer – total $458.00.  Mr. Simpson asked if the Board is interested in the purchase of this machine, and turn over to the Zoning Commission the old recording machine; WHEREUPON, on motion of Commr. Cross, seconded by Commr. Theus and carried, the Board of County Commissioners purchased the Gray Audograph machine with accessories and turned over to the Zoning Commission the old recording machine.

A letter from C. J. Wilhelm re:  spiking and rolling the grass into the Courthouse grounds was read.  Mr. Wilhelm was present and this matter was referred to Mr. Owens to have the work done.

DISCUSSION ON ACQUIRING PROPERTY IN BLOCK AROUND CHAMBER OF COMMERCE BUILDING:  Motion by Commr. Theus seconded by Commr. Bishop and carried, that the property on the North side of the Chamber of Commerce Building be purchased if it can be acquired within a reasonable price, provided two appraisals have been submitted.

LENGTHY DISCUSSION ON HIRING AN ARCHITECT:  Motion by Commr. Cross seconded by Commr. Theus that the County Commissioners employ Mr. Howell Hopson as architect, associated with Mr. Glen Frazier, architect, to make a preliminary study for plans for the courthouse and detention home and get him started on the courthouse plans and detention home.  Unanimously carried.

THE FOLLOWING LETTERS WERE FILED WITH THE BOARD:

Thornton, Mohr & Farish – Clearwater – re: purchasing proposed bond issue for courthouse

Angus McDonald – re Election Board

Florida Industrial Commission – schedule of wage rates on County Home for the Aged

Copy of letter from Frank Owens to First Natl Bank of Mt. Dora requesting Armory Fund to be placed on time deposit

City of Clermont – Thanks for Board’s cooperation in resurfacing SR 561 through Clermont

State Road Dept. – acknowledging receipt of Resolution requesting issuance of $1,000,000 of gas tax anticipated certificates

City of Clermont –  re:  cooperating in appraisal of Hunnicutt

Grass Equipment Company, Inc. – request for invitation to bid on contractors’ equipment

State Road Department  re:  1120 SR 25 – Resolution acceleration and deceleration

Frank E. Owens to Howell Hopson – notifying of appointment as Architect for jail construction

Southwest Fla. T. B. Hospital re:  Louie Sharlette Edinger; Clarence Arnold Lee; Johnnie Lee Jones; George Chambliss Battle; Thelma Hester Nelson; Inez Marie Spires; Thomas Raymond Osteen; Lilla Maude Osteen; Jesse O. Brown and Huey Kennington.

FOLLOWING REPORTS FILED WITH THE BOARD

R. E. Norris, County Agent and 2 assistants - Connell and Bowers

Marian Valentine, Home Demo. Agent and 2 assistants – Nancy Sharp and Mrs. Jennings

J. C. Hunter, County Service Officer



MEETING ADJOURNED.

 

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

CLERK                                                                                   CHAIRMAN