MINUTES OF regular MEETING OF THE BOARD OF COUNTY commissioners

 monday – August 1, 1960

 

The Board of County Commissioners met in regular session in the County Commissioners’ room in the Courthouse at Tavares on Monday August 1, 1960, with the following present:  Chairman Cross; Commissioners Theus, Cowart, and Simpson; Attorney Duncan; and Clerk Owens.  (Commr. Bishop was absent – pumping water out of his house.)

The Board was called to order by Chairman Cross.

On a motion by Commr. Theus, seconded by Commr. Simpson and carried, the readings of the June and July meetings were postponed.

notary public bonds

Clerk Owens advised the Board he has approved since the first regular meeting in July the following Notary Public Bonds:

With American Surety Company of New York – Margaret H. Robinson 7-7-60, Frank Smith Lee 7-13-60, Sandra S. Albl 7-21-60, and Mae K. Ledford 7-26-60.

With The Travelers Indemnity Company – Crystle A. Shelley 7-14-60.

The Board approved the Notary Public Bond of H. J. Greenlee, Jr. with Mass. Bonding & Insurance Company of Boston.

plat of har-mil terrace subdivision

Mr. Whitehill of Mount Dora presented this Plat for Turman Moorhead for approval.  Mr. Duncan stated the property is owned by H. E. Kezer and is located off Lake Shore Drive between Tavares and Mount Dora, and the plat was discussed with the Board some time ago.  He also stated that properties along the road had been sold and 46 feet left for street, and this property was left back in there and made it impossible to get to the property in any other way.  Outside of this, the Plat seems to be in proper order.  A letter from the Lake County Health Department regarding suitable for sewage disposal installations was filed.  The Plat has been approved by the Zoning Commission.  Title Policy #Y-6-87-448 of Lawyer’s Title & Insurance Company showing the title to be in the name of the ones dedicating the plat was presented.  Mr. Duncan stated there is a mortgage against the property given to Charles C. Schmidt and wife, but have a release as to a piece of the road.  On a motion by Commr. Cowart, seconded by Commr. Simpson and carried, the Plat of Har-Mil Terrace Subdivision was accepted and approved.

high water problem around ferndale

W. K. Price and Stanley Tyre appeared before the Board regarding this problem.  They stated Civil Defense Funds have been applied for and appear to be forthcoming.  Mr. Goodson explained the development on which Civil Defense has been applied for and stated quite an acreage of grove has been damaged by the high water.  Mr. Price stated he has talked to Commr. Bishop about this.  Mr. Goodson said he proposes to rent a dragline and dig a ditch to drain the water and will check the easements.  Discussion on what the T & G Railroad will do.  Mr. Goodson stated an 18-inch pipe is needed under the highway.  Mr. Cross asked if Civil Defense does not come up with the money, who will pay for it?  Mr. Goodson stated it would be the responsibility of the County.  Mr. Owens suggested they advertise for bids if the County is responsible for it.  Mr. Goodson stated it is an emergency, and Mr. Duncan should write a resolution on this as an emergency.

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

WHEREAS, because of the excessive rainfall during the current year and especially within the past two weeks, emergency conditions have arisen in Lake County due to the excessive high water and resulting in serious damage to agricultural products, especially citrus groves, and

WHEREAS, in the area hereinafter described such condition has arisen requiring immediate remedies for the purpose of disposing of the excessive high water in an area just north of the Town of Ferndale in Lake County, and it has been determined that the digging of a ditch and the locating of a culvert along the following general course will quickly alleviate the present high water condition, to wit:

Begin at the Southeast corner of the Southwest Quarter of Section 22, Township 21 South, Range 26 East, run thence West 407 feet, thence North 84̊ 42’ West 230.5 feet, thence East 60 feet for the point of beginning for a lateral ditch 30 feet in width, the centerline of which is described as follows:  From said point of beginning run North 66̊ 33’ East 783 feet, thence South 77̊ 10’ East 900 feet.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida that the excessive high water located to the Westerly of the above-proposed drainage ditch is declared to be an emergency area, and the County Engineer is hereby authorized and empowered to hire such equipment and employ such personnel as shall be necessary to open a ditch along the above-described line, provided proper consent is secured from the owners of the property over which said ditch will run and that immediate negotiations be entered into for the purpose of installing a culvert under the State Road at a location to be selected by the County Engineer and State Road Department Engineers to permit excessive water to flow through the ditch above described.

sale of bearing orange grove

Mr. Owens advised the Board that Emery Dillard of Eustis was the high and only bidder on the property in Section 33-19-27 located on the west side of US 441 and south of SR 46, southeast of Mount Dora, which was sold in front of the north door of the Courthouse in Tavares, Lake County, Florida, at noon today, the price being $9,000.  Mr. Dillard said he would leave a check with Mr. Duncan and advise to whom the deed is to be made, as he was acting as an agent.

On a motion by Commr. Cowart, seconded by Commr. Theus and carried, the bid of Emery Dillard for the purchase of the bearing orange grove belonging to Lake County in Section 33-19-27 on the west side of US 441 and south of SR 46, southeast of Mount Dora, for the sum of $9,000 was accepted and the Attorney for the Board was instructed to prepare the deed.

Mr. Lewis Larson and Mr. Alger of Mascotte again came before the Board regarding high water in that area.  Mr. Goodson said he does not have a report to make on this problem yet.  Mr. Cowart stated he put in a culvert last week on the Gaines place and is doing everything he can to solve this problem.  There was discussion between Mr. Larson and Commr. Cowart on this matter.  Mr. Alger asked why the Engineer has not made an investigation since they made a request to the Board.  Mr. Goodson explained the reason why the investigation has not been made.  Mr. Alger presented pictures of the flooded area between Highway 50 and the Empire Road.  The pictures were given to Commr. Cowart.

R. E. Norris, County Agent, and Assistant Bill Nixon appeared before the Board and presented a sign stating Lake County 4-H Clubs Welcome You - Drive Safely.  Mr. Nixon stated the sign will light up at night.  Mr. Norris stated the signs will not cost very much, and they would like to have some kind of ceremony when they are put up.  The State Road Department has been very cooperative on this and will furnish the posts for the signs.

petition regarding water level of lake joanna

A petition signed by 33 citizens requesting maintenance of the water level of Lake Joanna by installing a spillway in the outlet of the lake which would hold the level of approximately its present and previous level.  Mr. Simpson and Mr. Goodson will take care of this matter.

exchange of county land with minute maid corporation

Mr. Duncan said the land pending exchange is on the south side of US 441 just this side of Leesburg.  The easement did not designate the borrow pit.  They have received a reply from the State Road Department that they will execute a waiver.  We have been discussing six lots in Avalon Subdivision belonging to the County, but actually the tract which was formerly the old barn site consists of practically 7 lots instead of six.  If we are now in a position to make the exchange, it would be 7 lots for the land on US 441.  The values are approximately equal.  In order to make the exchange, a resolution should be passed directing that this property be advertised for exchange.

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

WHEREAS, Lake County is vested with the fee title to the following described lots of land in Lake County, Florida:

Lots 1 through 6 inclusive in Block C, according to the Plat of Avalon Park Subdivision, as recorded in Plat Book 9, page 14, public records of Lake County, Florida.  ALSO:  The West 50 feet of the East 160 feet of the North 50 feet of Lot 7, in Block 62, and the North 50 feet of the West 100 feet of the East 110 feet of Lot 7, in Block 62, according to the Official Map of the City of Leesburg, as recorded in the public records of Lake County, Florida.

for the use of which Lake County has no immediate or foreseeable need, and

WHEREAS, the Board of County Commissioners of Lake County, Florida, deems it expedient to acquire a certain tract of land for which Lake County has a deed, said property being owned by Carney Groves, Inc. and is located in Lake County, Florida, and described as follows:

That part of the East ½ of the Northeast ¼ of Northeast ¼ of Section 20, Township 19 South, Range 25 East, lying South of the right of way of State Road 500 subject to the borrow pit easement described as follows:  Commence at a point on the East line of Section 20, Township 19 South, Range 25 East, a distance of 210.45 feet Southerly from the Northeast corner thereof, and run thence South 56̊ 48’45” West a distance of 527.46 feet to a point; thence South 33̊ 11’15” East, 132 feet to a point on the new Southerly right of way line of State Road 500, and the Point of Beginning of this description; From said Point of Beginning continue South 33̊ 11’15” East, 165.9 feet; thence South 89̊ 11’ 15” East 250 feet; thence South 0̊ 48’45” West 566.67 feet; thence North 89̊ 11’ 15” West 650 feet; thence North 0̊ 48’45” East 297.87 feet; thence North 56̊ 48’45” East 432.49 feet; thence North 33̊ 11’15” West 165.9 feet to a point on the new Southerly right of way line of State Road 500 a distance of 50 feet South 56̊ 48’45” West from the point of beginning; thence North 56̊ 48’45” East 50 feet to the Point of Beginning.

And the said Carney Groves, Inc., a Florida Corporation, has offered to convey said property last above described to Lake County in exchange for the tract of land first above described, and

WHEREAS, the Board of County Commissioners of Lake County, Florida, has had each of said properties appraised and from such appraisal has determined that said properties are of approximately the same value and that such an exchange would be fair and reasonable, and

NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that a notice of exchange of properties as provided in and by Section 125.37 Florida Statutes, 1959 be published in the Leesburg Daily Commercial published in Leesburg, Lake County, Florida, on the 16 and 23rd days of August, 1960, setting forth the proposed exchange of the property above described upon an equal basis as to value.

Mr. Duncan reported that he has written to Charles Yates regarding the property in Block 40, Tavares, but has not heard from him yet.

bid for ten station communication monitoring system

Notice having been advertised for the purchase and installation of a ten-station communication monitoring system with a master control station for the Lake County Juvenile Detention Home, the following bid was received:

PALMER ELECTRIC COMPANY, Winter Park, Florida

Furnish all material and labor for the price of          $733.00

If light & chime signal is omitted, deduct                 $160.25

For protection plates, add $2.50 each.

Discussion on the bid.  The Board thinks they should have protection plates, but deduct the light and chime signal.

On a motion by Commr. Theus, seconded by Commr. Cowart and carried, the bid of Palmer Electric Company to install a ten-station communication monitoring system with a master control station in the Lake County Juvenile Detention Home for the sum of $733 less $160.25 for omission of the light and chime signal and the addition of $25 for ten protection plates was accepted. (Total $597.75)

An acceptance sheet signed by Chairman Cross was given to Mr. Jim Cooper, agent for the Palmer Company.

Mr. Owens advised the Board that Reed Hollinger of Paisley has asked that his name be left off the Election Board for the November General Election.

Mr. Owens advised the Board that the Water Authority agreed to buy the necessary pipe for the drainage at Haines Creek; therefore, the Board agreed to use convict labor to install the pipe.

Mr. Owens advised the Board that the Notice Relative to the 1960 Tax Assessment has been published advising the public the Board would sit as an Equalization Board today, but so far he has received no complaints.  We will adjourn to the Tax Assessor’s office later during the day and see if he has any complaints filed.

payroll

On a motion by Commr. Theus, seconded by Commr. Simpson and carried, the payroll for the month of July was approved for payment.

petition for closing road in groveland farms

A petition for closing the road in Groveland Farms, which was sent to the Board by Clayton Weir, was referred to Mr. Cowart to check with Mr. Weir and report at the next meeting.

Clerk Owens read a letter from Rev. Walter Messimer enclosing a County Warrant made to him for inquisition of incompetency in the amount of $2.00.  Rev. Messimer stated that he did not want compensation for this work, as he was only too glad to aid in getting medical aid for the child.  He expressed appreciation for the thoughtfulness of the Board in sending the warrant.

On a motion by Commr. Theus, seconded by Commr. Simpson and carried, Lake County warrant #2016 dated June 13, 1960 in the amount of  $2.00 made payable to Rev. Walter Messimer for the inquisition of incompetency was cancelled, and Clerk Owens was instructed to write Rev. Messimer thanking him for returning said warrant.

state board of health letter re: indigent patients’ hospital care

The State Board of Health letter regarding indigent patients’ hospital care was read, discussed, and filed.

letter re: land for sewage disposal and mosquito control

A letter from C. E. Duncan to Irving Burleigh regarding a tract of land for sewage disposal and mosquito control was read by Clerk Owens.  Mr. Duncan stated he made it clear to Mr. Burleigh that the County does not have funds at this time to buy this property, and he said he will wait until October to give a binder.

quitclaim deed

A quitclaim deed from Lee H. Bateman et al to Lake County for right of way was recorded in Official Record Book 130, page 193 and filed this date with the Board.  A letter from Mrs. Ellen B. Bateman regarding this deed was read and filed.

lake gertrude manor subdivision

A letter stating this subdivision, 25 feet along the east side, was dedicated to the County to be used as a freeway to the lake and requesting that the freeway not be closed was read and filed.

agricultural center

A letter from Howell C. Hopson, Architect, to Frederic P. Hodes regarding the Center states Hodes’ letter has been referred to Robert V. Ford, Architect, Leesburg.

executed typical sections

The executed typical sections on Job No. 11685-3601, SR S-439, from SR 42 to SR 44 was filed with the Board.

Commr. Cross stated the County needs three deeds on SR S-439, and he would like to appoint Ed Baker as procurement agent to procure the deeds.  On a motion by Commr. Cowart, seconded by Commr. Theus and carried, Ed Baker was appointed procurement agent to procure the deeds on SR S-439.

Job 11010, sr 500 (leesburg to sr 19)

Mr. Goodson stated he has not gotten the map on the above road yet.

leasing to state road department certain land in eustis

On June 6, 1960 a Resolution from the City of Eustis requesting that the Board of County Commissioners negotiate with the State Road Department for leasing to it certain property in the City of Eustis belonging to said City for a public park and boat launching facility was filed, and Mr. Duncan authorized to negotiate with the State Road Department.  Now, Mr. Duncan advised the Board he has negotiated with the Road Department regarding this matter; WHEREUPON, on a motion by Commr. Simpson, seconded by Commr. Cowart and carried, the following resolution was adopted:

WHEREAS, the City Commission of the City of Eustis has by Resolution directed to the Lake County Board of County Commissioners offered to lease to the State Road Department of the State of Florida the following tract of land located within the city limits of the City of Eustis in Lake County, Florida:

Lots 1, 2, 3, and 4, according to the plat of Lakeview Park, filed August 22, 1953 and recorded in Plat Book 12 at page 62 of the Public Records of Lake County, Florida, and Blocks 63 and 66 according to the plat of Badger’s Division of Eustis filed May 9, 1924 and recorded in Plat Book 5 at page 39, Public Records of Lake County, Florida.

For a public park and boat launching facility for a nominal consideration, and

WHEREAS, subsequent to the adoption of said Resolution by the City Commission of Eustis, the City Commission has agreed that the lease proposed in said Resolution shall run for a minimum term of ten years and to install toilet facilities, and

WHEREAS, the Board of County Commissioners of Lake County agree with the City Commission of Eustis that it will be for the best interest of the people of Lake County and the City of Eustis in particular to develop said tract as a public park and to install thereon launching facilities for the launching of boats so that the general public may use and enjoy the extensive waterways of Lake County, Florida, and elsewhere.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the State Road Department, through its proper facilities, be requested to accept the above-described property as a State Park and that the same be developed as a State Park by installing benches, shelters, grills, and paving and other facilities for the use thereof by the public and by installing a boat ramp for the launching of boats, all under such terms and conditions as shall be acceptable to the State Road Department.

Clerk Owens filed with the Board a statement of the Clerk of the Circuit Court dated July 12, 1960 for the cost to redeem Tax Certificate #388 of 1960 on Lots 3, 4, 5, 6, and 7 Triangle Subdivision to cover the payment of taxes for 1959 in the amount of $71.00.  Mr. Duncan, Attorney for the Board, was advised to check on this to see if the Board has to pay the bill.

sr s-44 b – DONNELLY avenue

On a motion by Commr. Simpson, seconded by Commr. Cowart and carried, the following named persons were appointed appraisers on the above-named road:  Carl Ferran, Eustis; W. P. Wingler, Mount Dora; and John A Murray, Mount Dora.

home for the aged

Commr. Theus reported that the Committee appointed on July 11th has made up a draft recommending how the Home should be operated, and a copy of the draft has been mailed to each County Commissioner. Commr. Theus stated the Committee would appreciate any comment from the Commissioners.  Discussion followed on this matter.

1960 tax assessment valuations

Notice having been advertised relative to the 1960 tax assessments, Clerk Owens advised the Board that he has received no complaints to the Board regarding the assessment valuations for 1960.  Mr. Goodson was requested to call Mr. Cassady, Tax Assessor, to see if he has any complaints, after which Mr. Goodson reported that Mr. Cassady stated he has no complaints; WHEREUPON, on a motion by Commr. Simpson, seconded by Commr. Theus and carried, the assessment roll as submitted by R. G. Cassady, Tax Assessor, was approved without any changes.

following letters filed with the board:

Florida State Board of Health re: additional funds to carry out Public Assistance Program

Florida T. B. Hospital, Tampa re:  discharge of Reuben Padgett on 7-27-60

Copy of letter from Frank E. Owens, Clerk, to A. M. Skinner requesting payment of installation of railroad crossing

State Board of Administration re:  surplus gas tax and Int. & Sink Fund balances

U. S. Army Eng. Public Notice re:  advance approval for location and plans of bridges

following reports filed with the board:

R. E. Norris, County Agent, and two assistants

Report of Marian Valentine, Home Demonstration Agent, and 2 Assistants

J. C. Hunter, County Service Officer

 

MEETING ADJOURNED on the motion of Commr. Theus, seconded by Commr. Simpson and carried.

 

/s/ Frank E. Owens___                                                           /s/ Fred Cross            __

CLERK                                                                                   CHAIRMAN