MINUTES OF THE regular MEETING OF THE BOARD OF COUNTY commissioners
monday – OCTOBER 10, 1960
The Board of County Commissioners met in regular session in the County Commissioners’ room in the Courthouse at Tavares on Monday October 10, 1960, with the following present: Chairman Cross; Commissioners Theus, Cowart, Bishop and Simpson; (Attorney Duncan absent on vacation and Clerk Owens absent in Court) Dlorence Robertson, Deputy Clerk present, Herman Dykes, Commission-Elect was present.
The Board was called to order by Chairman Cross.
Motion by Commr. Cowart seconded by Commr. Bishop and carried:
· Dist. #1- That the following be added to the list:
Mrs. Lillian Brush c/o Gibson Nursing Home Lady Lake for $40.00 per month.
Dewey Collins, Gen. Del. Leesburg for $30.00 per month
· Dist. #2 – That no changes be made
· Dist. #3 – That no changes be made
· Dist. #4 – That no changes be made
· Dist. #5 – That Mrs. Dorothy P. Combs, 1006 West Main Street, Leesburg be added for $40.00 per month
A delegation of citizens of Lady Lake and vicinity (approximately 50) appeared before the Board protesting the action of Sheriff McCall in stopping the digging of a drainage well at Lady Lake to relieve the high water. A dozen of the citizens voiced objections to the action by the Sheriff. After a lengthy discussion on the subject, Mr. Gordon Folke, District Sanitary Engineer of the State Board of Health, explained that no one, including the State Road Department, can legally dig a drainage well to drain off ground water without first obtaining a permit from the State Board of Health and the approval of County officials. The Commissioners were in accord with this statement and refused to approve the drainage well project. Senator Boyd, being present, was asked to call the Attorney General and find out if umps and pipe can be acquired on a purchase rental agreement without advertising for bids in an emergency. Later Mr. Boyd reported that the Attorney General stated an opinion was rendered in 1947 in a similar instance re an emergency bridge. And it would appear that the County could acquire necessary mechanical equipment, viz: pumps, etc., without advertising for bids. Bids, however, should be taken from a number of suppliers of said equipment as quickly as possible and later confirmed in letters to the Board. Mr. Ben Burton was present and offered the use of his equipment, without cost, except for depreciation. Mr. Simpson said why not accept Mr. Burton’s offer and get the matter started. Mr. Cross said why not go ahead and buy pump and get the water out. It is true it will cost a tremendous amount, probably $100,000.00. Mr. Folke said OCDM will pay for emergency. Should immediately get in touch with Col. Freeman and Dr. Hall should write a letter to the State Board of Health recommending that the project be approved on basis of public health hazard.
Mr. Theus made a motion that the Board of County Commissioners proceed to acquire on a purchase rental agreement the necessary pumping equipment, and approximately three and one-half miles of necessary pipe to move 2,000 gallons of water per minute from the vicinity of Lady Lake via Griffin View Road to Lake Griffin. This motion was seconded by Commr. Bishop and unanimously carried.
Motion by Commr. Theus seconded by Commr. Bishop and carried, that the following Resolution be adopted:
WHEREAS, heavy and continuing rainfall has caused unusual high water levels in certain parts of Lake County, including Lake Sylvia and contributing lakes in the vicinity; and
WHEREAS, such flooding has required the closing of streets and roads including the Griffin View road and State Road No. 25 with the result that services to the public are not accommodated, school buses are delayed and highway traffic movement is severely hampered; and
WHEREAS, the public health is endangered by virtue of flooding sanitary facilities with resulting contamination of land and water surfaces; and
WHEREAS, the Honorable Richard W. Ervin, Attorney General of the State of Florida, has advised that protection of public services provide for negotiation for equipment necessary to provide prompt and proper relief by contacting suppliers of such equipment in the general area of Lake County.
NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Lake County do negotiate with suppliers doing business within the general area of Lake County for the rental with purchase option, or the direct purchase of pumping and piping equipment capable of delivering 2,000 gallons of water per minute from Lake Silvia to Lake Griffin, such negotiation to be transacted at a special meeting called by the Chairman of the Board to be held on Friday, October 14, 1960, at 10:00 o’clock a.m.
At this time, Mr. Cross reported that he talked to Mr. Richey Green of the State Road Department and he stated they will pay as much as the drainage well would have cost to help on the project at Lady Lake and would send a hydraulic engineer to see Mr. Theus tomorrow.
Motion by Commr. Bishop seconded by Commr. Theus and carried, that Road & Bridge Warrant #1210 dated 9-12-60 in the amount of $64.24 made payable to J. D. Manly Construction Company for invoice #964 be cancelled as the invoice was paid 8-8-60 and this is a duplicate.
adjourned for lunch – reconvened at 2:20 p.m.
DISCUSSION ON LITTLE EVERGLADES DRAINAGE
H. O. Peters and George McClure appeared before the Board re: Little Everglades drainage, Mr. McClure stated he does not feel that the conditions presently existing in the Little Everglades would require any further ditching or digging other than what is already there. Mr. Peters said he made a survey on Little Everglades in 1957, and has been studying it ever since then. He gave a report on this survey. Mr. McClure presented the water levels which Mr. Peters made since last week, and stated the Little Everglades is not in a flood stage condition. He asked that the normal levels be kept, not above and not below. Mr. Bishop stated as a County Commissioner I feel it is my duty to help U.S. 27, and also feel that the State Road Department should raise 27. I believe truthfully that the Board of County Commissioners is being used to a certain extent to lower water that evidently cannot be done. Mr. Bishop then asked Mr. McClure – “Can we go ahead and finish the ditch?” Mr. McClure – “If you give me your contract that the flow line will not be changed and the normal water levels still be maintained.”
The Board advised Mr. Bishop to notify Mr. Jones, Mr. Roberts, who is represented by Mr. Alton Hunter, and Mr. Haynie to come to the meeting of the Board on Monday, October 17, at 11:00 a.m.
sewage disposal system
H. C. Hopson, Architect, presented plans on the sewage disposal system which has been approved by the State Board of Health. Discussion on the Plans.
Mr. Hopson stated he is ready to advertise for bids whenever the Board is ready.
Motion by Commr. Bishop seconded by Commr. Simpson and carried, that Clerk Owens be authorized to advertise in the Tavares Citizen for bids for the construction of Sewage Disposal System for the Courthouse and Jail. Bids to be received on Monday, November 7, 1960. Mr. Hopson will tell Ernest Aulls, assistant to Mr. Duncan, to get permits for going under the T & G Railroad and S A L Railroad.
Motion by Commr. Theus seconded by Mr. Bishop and carried, that the time limit be 120 calendar days as suggested by Mr. Hopson and $50.00 per day liquidated damages.
Motion by Commr. Theus seconded by Commr. Simpson and carried, that the bill of Wolpert, Tilden, Denson & Associates in the amount of $246.75 for professional services thru August 11, 1960 – Sub-soil exploration and test survey area back of Courthouse – Lake County Jail – be approved for payment.
plat of lake nettie court
Harry Padgett appeared before the Board and presented this Plat with title policy #Y-88 - 3013, Lawyer’s Title & Insurance Corp., showing mortgage recorded in Book 131, page 460 does not constitute a lien on any streets. Mr. Padgett said the letter from the Health Department as to percolation test will be sent. Dr. Hall was present and stated the land is high and dry. Motion by Commr. Simpson seconded by Commr. Theus and carried that the Plat of Lake Nettie Court be approved.
lake unity road, montclair-whitney road and thomas road drainage; also sr 33
Motion by Commr. Theus seconded by Commr. Bishop and carried, that the bill of H. B. Harrell Jr., in the amount of $200.00 for services rendered to date on the above roads be approved for payment.
Motion by Commr. Bishop seconded by Commr. Cowart and carried, that the bill – partial estimate – of East Lake Company on the above road in District #3, in the amount of $5,449.60, be approved for payment.
Motion by Commr. Simpson seconded by Commr. Cowart and carried, that the bill in the amount of $5845.58, on the above road in District #5, of East Lake County, be approved for payment.
hunnicutt & associates bill
Motion by Commr. Theus seconded by Commr. Cowart and carried, that the bill of Hunnicutt & Associates in the amount of $17,056.76 for work completed August 1 thru August 27, 1960, as per contract, be approved:
LAKE SHORE DRIVE, LAKE DORA; MT. PLYMOUTH ROAD: ROBIE STREET MOUNT DORA: ESTATES ROAD AND EMERALD ACRES ROAD IN DISTRICT #4. LAKE SHORE DRIVE, LAKE EUSTIS AND MANSFIELD ROAD DISTRICT #3.
Motion by Commr. Bishop seconded by Commr. Simpson and carried, that the bill of J. D. Manly Construction Company on the above roads in the amount of $19,108.70 be approved for payment:
Upon request by the Board, Mrs. Valentine, Home Demonstration Agents’ Assn., at the National Convention in November to be $125.00; WHEREUPON, on motion of Commr. Bishop seconded by Commr. Cowart and carried, Clerk Owens was authorized to issue warrant to Mrs. Valentine to help defray her expenses to the National Convention in Chicago.
home for the aged
Motion by Commr. Theus seconded by Commr. Bishop and carried, that the bill of Gregg, Gibson and Gregg, Contractors, in the amount of $939.72 for items for the Home for Aged be approved for payment.
florida wildlife federation awards
Mr. Cross read a letter from Dr. H. R. Wilber, Chairman State Awards Committee.
Motion by Commr. Theus seconded by Commr. Bishop and carried, that the following named persons be named on the Lake County Conservation Awards Committee and that Clerk Owens inform them of this appointment.
Frank Johnson, Eustis, Wildlife Officer, Chairman
Tommy Anderson, Sports Writer, Asst. Chairman
Robert K. Dodson, State Forestry, Tallahassee
Walter W. Shaffer, U.S.D.A. Soil Conservation, Tavares
Bernard McCabe, County Director of Education, Public Schools, Mt. Dora
Mr. Cross read a letter from Paul B. Shockly requesting quitclaim deed from Lake County that was excepted from his deed to 40-acres, for a clay pit, but he cannot find any record of the deed having been recorded. He cannot get a clear title due to this exception. This letter was referred to Mr. Duncan.
Mr. and Mrs. Hubbard came before the Board complaining about the neighbor building chicken houses in a residential area. Mr. Goodson said they had given this man a permit to build the chicken houses, but had sent a man there today to get this straightened out. Mr. Hubbard said the odor from the chickens is terrible and they think this matter should be straightened out before he builds more houses. Mr. Goodson and Dr. Hall said they will try to see that he stays within the law.
JOB 11685-2601, SR S-439 – Executed Copy of Right of Way Contract filed.
JOB 11020-8501, SR 33 from SR 50 in Mascotte N. to SR 25;
JOB 11180-501, SR 455 approximately 1.718 miles in Montverde;
JOB 11550-8501, SR S-449 SR 500 S.E. of Silver Lake N. approx. 1.236 miles
Telegram from State Road Department stating the low bidder on the last three numbered jobs above is MacAsphalt Corp. of Lakeland in amount of $110,856.51. Telegram filed.
state secondary project
Bids to be taken in Tallahassee on October 25, 1960 on JOB 11681-3601, SR S-565-B and SR S-565-A – Montevista Road from SR – From SR 33 E. and northwesterly to SR 50 near Groveland; and JOB NO. 11681-3602, SR S-565-B, from SR S-565-A at Vitti Corner easterly to SR 561, and Federal Aid Secondary Project NO. S-535(2), JOB NO. 11685-3601, SR-S-439, between SR 44 and SR 42 via Lake Murphy. Letters from State Road Department re above jobs read and filed. Mr. Cross and Mr. Cowart said they would attend the letting of the bids on the above roads.
RIGHT OF WAY CONTRACT IN QUADRUPLICATE on section 11681-2602 sr s 565A and state road department resolution filed
Motion by Commr. Bishop 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 11681, State Road S-565-A, extending from a point in Section 4, Township 23 South, Range 25 East Southeasterly to State Road 561, 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 easements; Now, Therefore, Be It
RESOLVED that the State Road Department of Florida be and it is hereby requested to pay for the rights of way, borrow pits and easements for said road, including the removal of buildings, fences and other structures and improvements thereon and for other expenses of acquiring title to said rights of way borrow pits and easements by purchase or condemnation, from such funds and under such conditions as are set out in the contract hereto attached; and be it further
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 Depatment 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. Cowart seconded by Commr. Theus and carried, that the bill for raising the railroad communication lines at the proposed crossing 2,232 feet Southwest of Mile Post S-807 near Okahumpka in the amount of $106.48; and the estimated cost of raising the Western Union wires of $120.00, be approved for payment.
Motion by Commr. Cowart seconded by Commr. Theus and carried, that the bill of Burgan’s Dragline Service re – the Ferndale Ditch (See Resolution adopted August 1, 1960) in the amount of $3,226.00 be approved for payment County wide.
Motion by Commr. Cowart seconded by Commr. Theus and carried, that the following vouchers be approved for payment:
GENERAL REVENUE FUND Nos. 1743 through #1913 – County Home Nos. 14 & 15
ROAD AND BRIDGE FUND Nos. 1301 through #1425 – AG Building Nos. 5 thru 8
FINE & FORFEITURE Nos. 203 through # 214 – S. Lake Memo. Hosp. #8
Report of Hunnicutt & Associates, Inc. for work completed to date filed
Report of County welfare worker filed.
MEETING ADJOURNED TO FRIDAY OCTOBER 14 AT 10 O’CLOCK A.M..
/s/ Frank E. Owens___ /s/ Fred Cross