MINUTES OF regular MEETING OF BOARD OF COUNTY COMMISSIONERS
monday – july 10, 1961
The Board of County Commissioners met in regular session in the County Commissioners room in the Courthouse at Tavares on Monday, July 10, 1961 at ten o’clock a.m., with the following present: Vice Chairman Cowart; Commissioners Babb, Dykes, and Simpson; Attorney Duncan; Clerk Owens; and County Engineer Goodson.
The Board was called to order by Vice Chairman Cowart.
On a motion by Commr. Simpson, seconded by Commr. Dykes and carried:
DISTRICT 1 – No changes were made.
DISTRICT 2 – No changes were made.
DISTRICT 3 – No changes were made.
DISTRICT 4 – Floyd Terrell, 1322 Simpson St., Mt. Dora for $20 per mo. be cancelled.
DISTRICT 5 – No changes were made.
On a motion by Commr. Dykes, seconded by Commr. Simpson and carried, Clerk Owens was authorized to issue a stop payment on Lake County General Warrant #1046 to Earnest Padgett in the amount of $35 as same is outstanding and that a new warrant be issued in said amount to Earnest Padgett.
The amount for relief for Roland Miller is reduced back to $44 per month.
On a motion by Commr. Dykes, seconded by Commr. Simpson and carried, the bill of Zeller Funeral Home in the amount of $150 for the funeral of Jessie Hammond was approved.
bids for purchase of furniture and equipment for ag center
Notice having been advertised for the purchase of furniture and equipment for the Agricultural Center, the following bids were received:
SIMONS OFFICE EQUIPMENT, Leesburg – Groups A & B $13,837.69
$692 – Bid or proposal bond in amt. of 5% of bid enclosed
FLAMBEAU STUDIO, INC., Orlando – Group A $12,162.00
Cashier’s check for $608.14 enclosed
BISHOP OFFICE EQUIPMENT CO. INC., Orlando – Not able to quote.
BOYD’S FURNITURE & HARDWARE, Inc. Leesburg – Group A $12,975.00
Cashier’s check $648.75 enclosed.
LEESBURG TYPEWRITER SERVICE, Leesburg – Group B $2,203.44
Cashier’s check $110 enclosed.
SKIPPER’S, Leesburg – Group B $2,276.00
Cashier’s check $113.80
GEORGE STUART, INC., Orlando – Group B $2,250.00
Group A - $13,500 Group A & B $15,325.00
Bid Surety $1,250.00
BOWEN SUPPLY COMPANY, Plant City - Letter states “unable to bid.”
On a motion by Commr. Dykes, seconded by Commr. Simpson and carried, Mr. Ford and Mr. Goodson were authorized to examine the bids on Furnishings and Equipment for the Agricultural Center and make recommendations to the Board as soon as possible.
bids for quarterly service on typewriters and adding machines
WILLIAM J. RUMLEY, Leesburg
Manual typewriters regardless of carriage width $12.50 each
Electric typewriters $30.00 each
Electric adding machines $17.50 each
Manual $ 8.50 each
LEESBURG TYPEWRITER SERVICE, Leesburg
Manual typewriters $12.50 each
Electric typewriters $34.50 each
17 adding machines $16.50 each
Clerk Owens was instructed to bring the bids back to the next meeting.
bid for sale of lumber from county barn in umatilla
Notice having been advertised for the sale of 3,000 feet of lumber located in the County Barn in Umatilla, the following bid was received:
GORDON HYATT, Route 1, Groveland, Florida $35 per thousand feet
On a motion by Commr. Dykes, seconded by Commr. Simpson and carried, the bid of Gordon Hyatt on the lumber was held in abeyance until Commr. Babb was present.
bid for sale of homemade low-boy trailer
E. L. COX, P.O. Box 15, Orange Springs, Florida
Bid on the homemade, low-boy trailer $350.00
On a motion by Commr. Dykes, seconded by Commr. Simpson and carried, the bid of E. L. Cox to purchase the homemade low-boy trailer for the sum of $350 was accepted.
property near dead river
James E. Leitner appeared before the Board and stated he owns property near Dead River that he wants to develop and would like to buy the property belonging to Lake County just across the road from his property. He was advised that the Board took action at the last meeting not to sell this land. (Hold until Commr. Babb is present).
bridge over palatlakaha river
Hugh Hanna of the State Road Department appeared before the Board re this bridge. He stated the Department attempted to locate the bridge in the most economical, practicable, and feasible manner. Commr. Dykes feels that the resolution adopted at the last meeting re the relocation of this bridge should be rescinded. Mr. Welborn Daniel was present and asked which location would present the best alignment and be safer for the traveling public. Mr. Hanna stated the one to the south would cost more money and take a longer time to build. He also stated the bridge will be built to the north, 35 feet to the north of the present construction. Mr. Daniel stated that Mr. Max Brewer stated if the County Commissioners want the bridge to go to the south, there is no reason in the world why it cannot be worked out.
On a motion by Commr. Dykes, seconded by Commr. Simpson and on a roll call by Districts, the vote was as follows: D-1, absent; D-2, abstained from voting; D-3, yes; D-4, yes; and D-5, absent; WHEREUPON, the following resolution was adopted:
WHEREAS, at the Regular Meeting of the Board of County Commissioners of Lake County, Florida, held on the 3rd day of July, 1961, a Resolution was adopted requesting the relocation of the bridge and approaches over the Palatlakaha River just south of Lake Minnehaha to eliminate curves near the approaches to said bridge, and
WHEREAS, subsequent to the adoption of the Resolution, the Board has been advised that the change of location of the bridge for the purpose of eliminating the curves would add considerably to the cost thereof and would require more right of way in the approaches, and it would require the redesigning of the bridge, with the resulting delay in the preparation of plans and determination of right of way requirements, and
WHEREAS, the Board of County Commissioners has determined that the construction of a new bridge is essential to the safety of the travelling public and especially for the transportation of children by school bus and should be built as soon as possible, and
WHEREAS, the Engineering Department of the State Road Department has assured the Board of County Commissioners that the design of the bridge and the approaches are within the accepted requirements and plans for safety purposes in the construction of secondary roads;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the Resolution adopted on the 3rd day of July, 1961, by this Board requesting a change in the location of the bridge over the Palatlakaha River between Lake Susan and Lake Minnehaha be rescinded and that the State Road Department be requested to proceed with the construction of said bridge and approaches, in accordance with plans heretofore made and submitted to the Board of County Commissioners and approved by it.
check for bridge repair bond
Motion by Commr. Dykes, seconded by Commr. Simpson and carried, that the check dated July 3, 1961 made payable to Frank E. Owens, Clerk, in the amount of $1,000 for the bridge repair bond signed by D. A. Gaines be returned to C. Welborn Daniel, Attorney.
road from cassia to paisley being kept opened (sawgrass road)
Mr. Memory Martin appeared before the Board requesting that the above-mentioned road be kept opened. Mr. Owens stated this is a County road. Commr. Simpson stated it is a prescriptive road and has been ordered kept opened.
On a motion by Commr. Simpson, seconded by Commr. Dykes and carried, the following Resolution was adopted:
WHEREAS, the Resolution heretofore adopted by the Board of County Commissioners of Lake County, Florida, a public road generally known as “Sawgrass Road,” was because of long usage declared to be a public road by prescription and required to be kept open for the use of the travelling public, and
WHEREAS, the attention of the Board of County Commissioners has heretofore been directed to obstructions which have been placed in said road as a result of which the foregoing Resolution was adopted requesting the Sheriff of Lake County to open said road and remove any obstructions therein, and
WHEREAS, it has recently been brought to the attention of the Board of County Commissioners that further obstructions have been placed in said road for the purpose, however, of containing cattle grazing on the land within the fence, and the opening of such fence would permit the cattle so contained to roam at large contrary to the laws of the State of Florida, and the County Commissioners are desirous of giving the owner of the cattle a reasonable opportunity to properly contain such cattle;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the Sheriff of Lake County be instructed to advise the owner of the cattle presently contained in the fence which obstructs the said “Sawgrass Road” to make proper provision for the containment of said cattle within a period of ten days within the date of service of this Resolution, upon the owner of said cattle; and that thereafter, said road be opened and kept open for the use of the traveling public.
new jail and sheriff’s department
Howell Hopson, architect, appeared before the Board and reported that the Contractors who are building the Jail have a limited storage for materials, and he had recommended that if the Board is willing, to store the material on the lawn on the east side of the Courthouse. After discussion of this problem, it was moved by Commr. Dykes, seconded by Commr. Simpson and carried that the Conrad Construction Company be allowed to use the lawn on the SE corner of the Courthouse for storing material during the construction of the Jail. Have a plumber to remove the sprinklers and the Company to restore the lawn when finished with the job of construction of the Jail.
Mr. Hopson filed Contractors Request #2 on the New Jail and Sheriff’s Department as follows:
Total Contract completed to date $37,055.00
Material Stored $20,493.64
Less retainage of 10% 5,754.86
Less amt. previously paid $32,044.60
Net total due this estimate $19,749.18
On a motion by Commr. Dykes, seconded by Commr. Simpson and carried, Fred S. Conrad Construction Company’s second estimate in the amount of $19,749.18 in connection with the General Contract work for the Jail and Sheriff’s Department, Tavares, Florida, was approved for payment.
authority of county commissioners to supply water to lake co. farm bureau
Mr. Duncan reported that the Attorney General advised that the Lake County Farm Bureau is not a governmental organization, and public property cannot be used for private benefit. However, if the available supply of water produced by the County well exceeds the amount needed by the County, the County would be authorized to sell the excess water to the Farm Bureau at a reasonable price and under circumstances whereby no County funds would be utilized in the connecting of pipes between the Farm Bureau building and the County well. WHEREUPON, on a motion by Commr. Dykes, seconded by Commr. Simpson and carried, the proposed agreement with the Lake County Farm Bureau for Lake County to furnish from the Agricultural Center’s well water to said Bureau was rescinded. A letter from the Attorney General was filed.
discussion of bill re furniture and equipment for ag center
Discussion on the Bill enacted at the last session of the Legislature re purchasing furniture and equipment for the Agricultural Center.
mile post sc-817 near fort mason, florida
A letter from ACL RR Co. stating the cost of raising communication lines to provide standard clearance for the proposed crossing is $225.61 was read and Clerk Owens instructed to bring the letter back to the next meeting when Commr. Babb is here.
RECESS AND REASSEMBLY
The meeting adjourned for lunch and reconvened at 1:30 p.m.
Mr. Larabee appeared before the Board and requested the County to take over the maintenance of a road in his subdivision at Haines Creek. He was advised if the road is paved and the County has money for this purpose, they will do it.
plat of first addition to belle shore-isles
Tom Sawyer, surveyor, presented this Plat for Charles J. Anderson, together with Title Policy #FE7603 issued by Title & Trust Company of Florida to Charles J. Anderson Company, dated May 10, 1957, showing title to be clear from all encumbrances; also letter from Lake Abstract & Guaranty Company stating: “We have checked the public records of Lake County affecting the title to the following described land: Tract 47 or the SE ¼ of NW ¼ of SW ¼ Section 18-22-25 – and find that no other instruments have been placed of record subsequent to 10 May 1957, the date of the policy.” The letter was filed. Also, a letter from the Lake County Health Department showing the property is suitable for use of septic tanks. Attorney Duncan stated this complies with the law except access road, and one street is only 24 feet wide; however, on the basis of a hardship case since several houses had been constructed there prior to the enactment of the law pertaining to plats, this is a hardship case and the plat should be accepted. WHEREUPON, on a motion by Commr. Dykes, seconded by Commr. Simpson and carried, the Plat of First Addition to Bell Shore-Isles was approved.
plat of skyline hills subdivision in section 28-18-24
Tom Sawyer, surveyor, presented this Plat stating the streets are 50-feet wide, and the subdivision joins US Highway 441. Title Insurance Policy No. FE-38319 issued by Title & Trust Company of Florida showing the owner is John C. Temple and is subject to a mortgage held by Andrew P. Miller. A partial release of mortgage which releases the streets in the subdivision has been filed; also Title Policy #FE 37059 issued by Title & Trust Co. of Florida to John C. Temple, the owner, dated 13 January 1961 showing the property subject to 2 mortgages was presented. A letter from Lake Abstract & Guaranty Company states: “Satisfaction of Mortgage dated 7 June 1961 filed 8 June 1961, executed by Andrew P. Miller and wife to John C. Temple, widower, recorded in official record book 164, page 472, satisfying and cancelling that certain mortgage recorded in official record book 147, page 629.” This letter is filed. Also, a letter from Orange State Engineers, Inc. and the Lake County Health Department re septic tanks suitable for installation of septic tanks were filed.
On a motion by Commr. Dykes, seconded by Commr. Simpson and carried, the Plat of Skyline Hills Subdivision was accepted and approved.
time deposit juvenile detention home fund
On a motion by Commr. Simpson, seconded by Commr. Dykes and carried, Clerk Owens was authorized to place the balance remaining in the checking account in the Juvenile Detention Home Fund in the Peoples State Bank of Groveland on time deposit in said Bank.
option highway patrol station
Mr. Duncan read a letter from Cross-Country Truck Service, Inc. re change of location for this station. They now think it should be located on the north side of the clay road instead of on the south side and want to exchange the property. Mr. Duncan presented a form of Option with the Northern description therein; WHEREUPON, on a motion by Commr. Simpson, seconded by Commr. Dykes and carried, the Clerk and Vice Chairman were authorized to execute the new option showing the new location on the north side of the clay road.
notice that compensation to johnny broome has been suspended
A notice that payment of compensation to Johnny H. Broome has been suspended February 6, 1961 was read.
Mr. Owens requested to find out if anything occurs later from this disability, will Mr. Broome be entitled to compensation. Reasons for suspended compensation: 200 weeks of PPD benefits due paid out as of 2-6-61.
insurance on new jail
Clerk Owens was instructed to advise the Bob Liston Agency of the names of the agents selected, when selection from District One (See page 376 for names for other districts.)
Letter from H. W. Tarkington, State Director, re money received by Lake County for disaster relief and requesting return of unused balance. WHEREUPON, on a motion by Commr. Dykes, seconded by Commr. Simpson and carried, Clerk Owens was authorized to issue a warrant to the Office of Civil and Defense Mobilization in the amount of $3,472, the unused balance of the civil defense money and warrant for $2,328 to the County Road Department for credit of District 3.
utility pipes code in subdivisions
On a motion by Commr. Dykes, seconded by Commr. Simpson and carried, the following code was adopted:
WHEREAS, in the development of the properties in Lake County for residential purposes not included within municipalities, it has become necessary to establish rules and regulations under which public utilities shall be installed in the various streets, boulevards, and alleys in subdivisions dedicated to the public, with particular reference to any utility which may cross over or under any paved street, and
WHEREAS, the Board of County Commissioners has been requested to issue a Franchise or Grant to a developer for the purpose of laying gas mains from lot to lot, crossing the streets, boulevards, and alleys located within a certain subdivision;
BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that from and after the adoption of this Resolution, all gas mains which shall hereafter be installed in any area not included in a municipality and which will pass under any dedicated street, boulevard, alley, or other public highway designation, shall be located not less than 30 inches below the surface of the pavement of any of such public highways, provided, however, that in no event shall any pipeline for any purpose be located above the bottom of any ditch line bordering any of such public highways.
paving in emerald acres subdivision
On a motion by Commr. Dykes, seconded by Commr. Simpson and carried, the following resolution was adopted:
WHEREAS, heretofore the Board of County Commissioners entered into a Contract for the construction of a road extending south from State Road 448 (Lake Jem Road) toward Lake Dora and easterly through Emerald Acres, a Subdivision, and
WHEREAS, at the time of the construction of said road, a portion of said road was unstable because of high water, and such construction was delayed until a later time, when the construction of such a road would be more stable, and
WHEREAS, said road has now been paved in accordance with the original plan to build the same, and the construction company to wit J. D. Manly Construction company has submitted its bill in the sum of $950.64 to cover the cost thereof, which was omitted when the remainder of the road was constructed;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the bill of J. D. Manly Construction Company in the sum of $950.64 for the construction and repair of “West End of Emerald Acres Road – Damaged by High Water” be paid.
paving road into silver glen nursing home
On a motion by Commr. Simpson, seconded by Commr. Dykes and carried, the following Resolution was adopted:
WHEREAS, it has been brought to the attention of the Board of County Commissioners that subsequent to the completion of the Lake County Nursing Home in Leesburg, Florida, a grade was constructed for roadway purposes forming an access to the Nursing Home from State Road 33, lying south of said Home, and
WHEREAS, because of the necessity of bringing patients and guests to said Home, it was necessary that the surface of the road be placed in a passable condition, and because of the excessive dampness, it was necessary to construct a hard surface road, and
WHEREAS, because of the operation of the Home, the County Commissioners considered the construction of such hard surface road as an emergency;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that the bill of J. D. Manly Construction Company dated June 15, 1961 in the sum of Nine Hundred and Ninety ($990) Dollars be paid upon such emergency basis.
board of south lake memorial hospital requested $5,000
On a motion by Commr. Simpson, seconded by Commr. Dykes and carried, Clerk Owens was authorized to pay the Board of South Lake Memorial Hospital the sum of $5,000 if that amount is available.
lake county jail: professional services of caldwell, marshall, trimble & Mitchell, attorneys
This bill is in connection with the issuance and sale of $1,250,000 County of Lake, Florida, Certificates of Indebtedness dated October 1, 1960 and is in the amount of $1,777.48. On a motion by Commr. Simpson, seconded by Commr. Dykes and carried, the bill for professional services of Caldwell, Marshall, Trimble & Mitchell, attorneys, in the amount of $1,777.48 was approved for payment out of Net Proceeds for Bonds.
bill of c. e. duncan, attorney
The bill of C. E. Duncan, Attorney, for preparation of a Resolution authorizing a call preliminary to assessment, preparation of an original resolution authorizing levy, and for institution and prosecution of a validation proceeding re Lake County Jail Certificates was presented; WHEREUPON, on a motion by Commr. Dykes, seconded by Commr. Simpson and carried, this bill in the amount of $2,500 was authorized paid.
lake memorial nursing home – formerly silver glen
The bill of James McDonald for $75 for labor and material for cleaning the floors at Silver Glen Nursing Home, which he stated was authorized by Mr. Rickard, was approved for payment on the motion of Commr. Simpson, seconded by Commr. Dykes and carried.
Clerk Owens read a letter from Mr. T. C. Boyd, Sr. re Hunnicutt Assessments on some of his property. Clerk Owens was instructed to answer the letter and inform him when the equalization board will meet.
Clerk Owens read a letter from Mrs. Helen G. Mulholland, 207 West Mill Street, Horseheads, NY re pipe laid on her land. This letter was referred to Mr. Goodson to check about the pipe.
A letter from Mr. Andrews was given to Mr. Simpson.
A letter from the Southwest T. B. Hospital stated Maude Laverne Ashmore was discharged June 1, 1961. The letter was filed.
vouchers approved for payment
On a motion by Commr. Simpson, seconded by Commr. Dykes and carried, the following Vouchers were approved for payment:
GENERAL REVENUE #1256 through 1396
ROAD AND BRIDGE #1033 through 1148
FINE & FORFEITURE #146 through 157
SOUTH LAKE MEMORIAL HOSPITAL #6 and 7
COUNTY BUILDINGS #21 through 23
COUNTY HOME #61 through 68
AGRICULTURAL BUILDING #19 through 21
MOSQUITO CONTROL #100 through 108
/s/ Frank E. Owens___ /s/ J. C. Cowart__
CLERK VICE CHAIRMAN