MINUTES OF THE regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS ON MONDAY – AUGUST 14, 1961
The Board of County Commissioners met in regular session in the County Commissioners room in the Courthouse at Tavares on Monday, August 14, 1961 at ten o’clock a.m., with the following present: Chairman Theus; Commissioners Cowart, Dykes, Simpson, and Babb, Attorney Duncan, and Clerk Owens.
The meeting was called to order with prayer by Chairman Theus.
Minutes of the meetings of June 23, July 3, 10 and 14 were approved as read on motion of Commr. Simpson seconded by Commr. Dykes and carried.
Motion by Commr. Cowart seconded by Commr. Simpson and carried:
D-1 That no changes be made
D-2 That no changes be made
D-3 That John W. Swaffer, Astatula for $15.00 be canceled
That Mrs. Mae Green be granted $25.00 per month, c/o Lake Memorial Nursing Home
D-4 That John English, Sorrento for $45.00 be canceled
D-5 That no changes be made (No one on this list)
exchange of land on dead river and removal of pilings, etc.
James R. Leitner again appeared before the Board re: The Exchange
Mr. Owens read a letter from Shoreline Dredging & Construction Company quoting prices for removal of pilings from Dead River in District No. 3 and District No. 5. This is subject to the work being done while their equipment is in the area during their development of adjacent land.
Item 1. Remove approximately 28 pilings on south side of river $500.00
Item 3. Remove approximately 40 pilings and 135 linear feet of
Deck and pile caps on north side of river $900.00
All material salvaged shall become the property of the contractor.
Commr. Dykes stated he does not want to spend Road and Bridge money on this at the present time.
Clerk Owens read the appraisal of C. B. Treadway and Edwin R. Wait as follows:
Parcel “A” owner – Lake County 100’ x 100’ fronting
on Dead River $2,500.00
Parcel “B” owner – E. R. Leitner 150’ on Dead River,
with depth varying from 100’ to 185’ $ 500.00
Motion by Commr. Babb seconded by Commr. Dykes and carried, that the appraisal be accepted and that the Appraisers’ bill in amount of $55.00 be paid countywide.
Mr. Leitner stated he still stands by his agreement of last week to furnish access road into the property. He also stated he is better satisfied with the appraisal now than the one submitted last week as it is now fair to all concerned. We are in agreement with the proposal made last week and we will go ahead on this if you people feel that it is fair to you. Mr. Theus stated we would not be willing to accept the deed until the road is there.
Motion by Commr. Babb seconded by Commr. Dykes and carried, that the Board of County Commissioners agrees to transfer a parcel of land located in the Southeast corner of Govt. Lot 4, Section 25, Tp. 19 S. R. 25 East, being a lot 100’ x 100’ adjacent to Dead River and dead end of County road to Shoreline Dredging & Construction Company for the following described land:
Begin at the Northeast corner of Govt. Lot 2, Section 25, Tp. 19 S.R. 25 East, run West along section line 150’ thence run South 185’ more or less to shore of Dead River. Begin again at Point of Beginning, run South 100’ more or less to Shore of Dead River. Begin again at Point of Beginning, run South 100’ more or less to Shore of Dead River, thence Southwesterly along Dead River to intersect first line herein described at such time as the roads are completed and at such time as the pilings on the South side of the River and the Pilings and 135 linear feet of deck and pile caps on the North side of the River have been removed as part of the trade, and that NOTICE be advertised for exchange of the properties.
Howell Hopson, Architect, appeared before the Board and suggested that a new Committee be appointed to work with him on the plans for remodeling the Courthouse. After discussion on this, motion was made by Commr. Babb seconded by Commr. Cowart and carried, that the following named persons be appointed on the Committee – C. E. Duncan, Herman Dykes and William C. Gregg, Jr., and that C. E. Duncan be named Chairman of the Committee.
R. E. Norris, County Agent, appeared before the Board and reported that Mr. Glenn L. Lovelace, Jr., will begin his duties as Assistant County Agent tomorrow – August 15, 1961 – at the same salary paid Herman Bowers when he resigned. Mr. Norris filed a personnel report pertaining to Mr. Lovelace. Motion by Commr. Dykes seconded by Commr. Babb and carried, that the Board accept the recommendation of R. E. Norris, County Agent, to employ as an Assistant Agent Glenn L. Loveless, Jr., beginning August 15th, at the same salary paid Mr. Bowers when he resigned.
spring lake manor subdivision
Tom Sawyer appeared before the Board, representing M. F. Flynn who owns this Subdivision near Fruitland Park, requesting the Board to take over for maintenance the streets in this Subdivision. Mr. Sawyer stated FHA has certain requirements that have to be met, and will not approve the loans unless they are assured that the County, or somebody, is going to accept and maintain the roads. Therefore, Mr. Sawyer requested that the County take over for maintenance all roads in Spring Lake Subdivision. The Board stated the County is not in a position to pay for subdivision street maintenance, which, countywide, would involve hundreds of miles of streets. The Board thinks the people who live on the streets should pay for the street maintenance. Mr. Theus stated if the Board does this one, will certainly have to do more and cannot start a precedent. Motion by Commr. Dykes seconded by Commr. Babb and carried, that the Board is not at this time in a position to take over for maintenance the streets in Spring Lake Subdivision.
gas and water mains in subdivision
Mr. Sawyer also brought to the attention of the Board the gas and water mains in subdivisions, requesting permission for installation along the County roads right of way. He suggested if permission is given, should be stated that will be a public hearing if want to move the lines. Mr. Duncan and Mr. Goodson were instructed to make a study of this and report to the Board. The Attorney for the Propane Company to work with Mr. Duncan on the proper type of contract.
Welborn Daniel, Representative, appeared before the Board and stated that through error the wrong bill re the Agricultural Center was passed at the Legislature that did not allow for purchasing the furniture at this time. Mr. Dykes stated that Mr. Norris is willing to move out there and use the old furniture if he can get water. He does not think the Home Demonstration Agent wants to have to make two moves. She would rather wait until get the new furniture.
Mr. Theus reported that he had a letter from L. J. Jenkins, County Superintendent re the condition of road right of way on Sunnyside Drive. Trees hanging over the road and is a hazard to school buses. Mr. Duncan stated should request the property owners to trim the trees. Mr. Theus to furnish Mr. Duncan with names of property owners in order that he can write requesting that three trees be trimmed.
dragline digging on gale lake, ferndale
Bill in amount of $1,280.00 for 128 hours at $10.00 per hour by Burhans’ Dragline Service was presented to the Board. Said bill having been approved by C. P. Goodson, County Engineer, as a Civil Defense Project, and Commr. Dykes approved the bill and made a motion that the following Resolution be adopted, motion seconded by Commr. Cowart and carried:
WHEREAS, C. P. Goodson, the County Engineer, also associated with State Civil Defense Director, having charge of relief for damages due to Hurricane Donna, has submitted to the Board of County Commissioners, a bill from Burhans Dragline Service, in the sum of Twelve Hundred Eighty Dollars ($1,280.00), representing labor performed in opening a Canal in the Ferndale area, to relieve high waters due to excessive rains during Hurricane Donna, and permitting such excess waters to flow into Lake Apopka; and
WHEREAS, the said County Engineer has submitted a statement showing that application No. FLA 12-1-60B, including the work at Ferndale, was approved by the Regional Director of Civil Defense on the 4th of April, 1961, and was also approved by the State Civil Defense Authority; and
WHEREAS, the policy of said Authority is to pay bills for such services approved by the above described Project, upon proof of the fact that the County in which the work has been done, has first paid the bill, so that it may be recompensed;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the bill of Burhans Dragline Service for $1,280.00, submitted by the County Engineer and approved by him, be paid and that evidence of payment be delivered over to the County Engineer for transmittal to the proper authorities for recompense to Lake County.
ditch at shepherd lake on u. s. #27 near clermont
Commr. Dykes stated there is need for some pipe for this ditch and he thinks the State Road Department should pay for part of the pipe. No action taken on this.
MEETING ADJOURNED FOR LUNCH.
Cecil C. Theus, Chairman
Board reconvened at 1:40 p.m. with Vice-Chairman Cowart presiding as Mr. Theus did not return after lunch.
John May of Inland Abstract & Title Company appeared before the Board re: The action taken by the Board this morning refusing to maintain streets in subdivisions outside of municipalities. He stated if they did not maintain the streets this would kill FHA projects and asked that an investigation be made before this action is taken. Mr. May suggested that the Attorney for the Board be instructed to get in touch with FHA and discuss this matter. No action was taken by the Board on this request.
bassville park subdivision
Bob Webb of the County Engineer’s office came before the Board and stated that Harry Padget, Surveyor, was in the Engineer’s office and said he had talked to Mr. Goodson about a Plat in Bassville Park, and at that time Mr. Goodson gave him a verbal okay for undersized lots in the Plat, provided they sold them in multiples of twos. Commr. Dykes said he does not think should accept this on half size lots. Mr. Duncan said they had done a great deal of work on this before the Zoning regulations went into effect. Mr. Babb thinks the Board would get in trouble doing this and asked that Webb tell him this before he goes any further with it.
Clerk Owens was instructed to tell Bob Webb to type up the checks for the Zoning Commission and get Mr. Goodson to sign them as of the date of the reports.
miller construction company
Memorandum to the Board of County Commissioners from C. E. Duncan, County Attorney: Referring to the letter of Miller Construction Company, Inc., of Leesburg, dated July 12, 1961, in which they request that the County Board determine a speed limit and also the limits as to vehicular traffic on the roads in a Subdivision and also the acceptance of the area for maintenance by the County, I have checked the Statutes referring to the authority of the County Commissioners and it appears that Section 336.01 of the Florida Statutes reads as follows:
“The county road system shall consist of all public roads outside of municipalities, not included in the state highway system or state park road system and such municipal connecting links and extensions as may be agreed upon by the boards of County Commissioners and municipal authorities.”
Section 336.02 reads in part as follows:
“The County Commissioners are invested with the general superintendence and control of the county roads and structures within their respective counties and may establish new roads, change and discontinue old road, and keep the same in good repair in the manner herein provided. . . . . . . .”
Section 317.82 reads in part as follows:
“local authorities with respect to highways under their jurisdiction, may prescribe, by notice hereinafter provided for, loads and weights and speed limits lower than the limits prescribed in Section 317.73-317.95 and other laws, whenever in its or their judgment any road or part thereof, or any bridge or culvert, shall by reason of its design, deterioration, rain or other climatic or natural causes be liable to be damaged or destroyed by motor vehicles, trailers or semitrailers, if the gross weight and/or speed limit thereof shall exceed the limits prescribed in said notice; and . . . . . local authority may, by like notice, regulate or prohibit, in whole or in part, the operation of any specified class or size of motor vehicles, trailers or semitrailers on any highways or specified parts thereof under its or their jurisdiction, whenever in its or their judgment, such regulation or prohibition is necessary to provide for the public safety and convenience on said highways, or parts thereof, by reason of traffic density, intensive use thereof by the traveling public, or other reasons of public safety and convenience. . . . . ..”
The first Section number described is quite broad in its application as to what the County has jurisdiction over and from that definition, it would appear that streets, avenues and roads in subdivisions can be considered as a part of the county road system, although there are other provisions which state that we are not required to take over actual maintenance and operation thereof without special order.
It would appear, therefore, that the County does have the authority to determine the speed in the Subdivision known as “Triangle Acres,” and also the weight of vehicles, but this would not necessarily mean that the County must take over the actual maintenance of the roads therein.
Mr. Duncan stated therefore, can in part approve Miller Construction Co.’s request, WHEREUPON, on motion by Commr. Dykes seconded by Commr. Simpson and carried, the following Resolution was adopted:
WHEREAS, a subdivision known as Triangle Acres, located between Tavares and Mount Dora, is predominantly residential and many homes have been built in said Subdivision, and are occupied by the respective owners thereof, and
WHEREAS, many children live in said Subdivision and excessive speeds on the streets create a distance hazard to the children, and to the grown people who occupy said area; and
WHEREAS, it has been brought to the attention of the Board of County Commissioners, that frequently the operators of motor vehicles have traversed said streets at an excessive rate of speed, endangering the lives of those who live there; and it has further been brought to the attention of the Board of County Commissioners, that the streets in said Subdivision, which are not constructed for heavy travel, are being used by large and heavy trucks and trailers, to the damage of the surface of said streets and the continued use thereof by heavy vehicles, will ultimately destroy the surface of said streets;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that a maximum speed of thirty-five (35) miles per hour be fixed on all streets in said Triangle Acres, which is not included within any municipality in Lake County, and that proper signs be erected on said streets, setting forth said speed limits.
BE IT FURTHER RESOLVED that, from the adoption of this Resolution, no motor vehicle, or vehicle of any description, having a gross weight, including loads, of more than 2-1/2 tons, be permitted to traverse the streets in said Subdivision; and that proper signs be erected, setting forth the load limits permitted on said streets.
BE IT FURTHER RESOLVED that anyone violating the provisions of this Resolution, shall be guilty of a misdemeanor, and shall be punished in accordance with Law for such violation.
request by city of tavaRes for overpass
Request by City of Tavares for overpass at the intersection of SR 19 and Kentucky Avenue in Tavares.
Clerk Owens read a Resolution for the City of Tavares making the above request,
WHEREUPON, on motion of Commr. Dykes seconded by Commr. Simpson and carried, the following Resolution was adopted:
WHEREAS, it has been brought to the attention of the Board of County Commissioners by Resolution adopted by the City Council of the City of Tavares, that there now exists a hazardous and dangerous crossing at the intersection of State Road 19 and Kentucky Avenue, in the City of Tavares, Florida; that said Crossing is particularly hazardous for the reason that school children living in Lakewood Park North of the right of way of State Road 19, will be required, during the school term to cross said road at least twice every day and in some instances, four times a day; and
WHEREAS, plans for four laning said Highway, to be included in State Road 500, are underway and the four-laning of said State Road will increase the hazards, particularly for school children, at said point; and the Board being advised that in excess of one hundred children will cross said Highway every day as above set forth, during the coming school term, and for their safety, a pedestrian overpass should be constructed over State Road 19 (proposed State Road 500), at the approximate location of Kentucky Avenue intersection;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the State Road Department be requested to include as a part of the construction plans for State Road 500, the construction of an overpass at the approximate location of the intersection of State Road 19 and Kentucky Avenue, in the City of Tavares.
Motion by Commr. Dykes seconded by Commr. Simpson and carried, the following Resolution was adopted:
WHEREAS, it has been brought to the attention of the Board of County Commissioners of Lake County, Florida, that the right of way map for State Road 500, Section 11010-2501 & 11090-2502, pertaining to the four-laning of State Road 500 between Tavares and the Dreamboat Corner South of Eustis, no entrance has been provided for Subdivision known as El-Red Motor Court, the entrance for which is located approximately Station 400 on the right of way Map for the above road, and
WHEREAS, said access road is located almost directly across from one of the two entrances to Trustone Block Plant, which manufactures concrete blocks;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the State Road Department be requested, in the preparations of construction plans for the above road, that a crossover be located at approximately Station 400; and that an access be provided for the El-Red Trailer Court entrance and Trustone Block Plant.
DISCUSSION on purchase of right of way on SR 44 from East city limits of Eustis to LaRoe corner and other requests to be made to State Road Department. Motion by Commr. Babb seconded by Commr. Simpson and carried, the following Resolution was adopted:
WHEREAS, heretofore the Board of County Commissioners of Lake County, Florida, adopted a Resolution requesting certain changes in the Tentative Budget of the State Road Department for the Fiscal Year beginning July 1, 1961, and ending June 30, 1962, requesting, among other things, the determination of the right of way for State Road S-44, beginning at the East boundary of the City Limits of Eustis and extending for one mile to LaRoe’s Corner and for funds to acquire such right of way, all of which will appear from a true cop of said Resolution, attached hereto, and made a part hereof; and
WHEREAS, it appears from the final approved Budget of the State Road Department that no reference is made to the said State Road S-44 East of the City Limits of Eustis and the Board of County Commissioners feels that this short stretch of road is one of the most dangerous roads in Lake County because of the nearness of fully grown trees to the Southerly edge of the curb on said road; and that said road is one of the most needed in Lake County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the Budget of the State Road Department be amended to:
1. Provide for the construction of a bridge over the channel from Lake Eustis Southerly to a lagoon located on the Lake Shore Drive and West of the Atlantic Coast Line Railroad right of way, all within the City of Eustis.
2. Reduce the amount required for approach and intersection of State Road 500 at the Easterly end of Eleventh Avenue in Mount Dora extended to the right of way of said State Road 500; that is, to provide for a crossover in said State Road 500 and for access from the pavement to the right of way line only; and
3. Provide for final determination of the right of way of State Road S-44, beginning at the East boundary of the City Limits of Eustis and extending for one mile to LaRoe’s corner and for funds to acquire such right of way.
DISCUSSION on the old suit re: Recovery of money on County Barn. Mr. Owens advised the Board that they have only a short time to get this suit in for the Fall Term of Court, WHEREUPON, on motion by Commr. Babb seconded by Commr. Dykes and carried, Mr. Simpson and Mr. Duncan were instructed to talk with Walter Hunter, attorney, today re this suit.
lot in block 40, tavares
Mr. Duncan reported that Mrs. Holmes came to see him this morning and offered to sell her house on the West side of the Chamber of Commerce Building for $10,000.00. He told her the County would not pay that much, then she came down to $9,000.00. Mr. Duncan stated should have on file an appraisal of the property, WHEREUPON, on motion of Commr. Dykes seconded by Commr. Babb and carried, Mr. C. B. Treadway and Mr. Edwin R. Waite were appointed appraisers to appraise the property belonging to Mrs. Holmes.
air conditioner for office of judge of the circuit court
Judge Hall appeared before the Board and stated they are having a problem with an old air conditioner in Mrs. Horner’s office. Chas. Butler fixed it Friday, but it is broken again. Think should have a new one. Judge was instructed to get prices from several firms. If Butler will furnish one at the same price as others, get it from him.
Motion by Commr. Dykes seconded by Commr. Babb and carried, that Judge Hall be authorized to purchase an air conditioner and get Butler to install it if he will furnish one at the same price the other firms will. See about the trade-in of the old machine.
BREAKDOWN of funds on hand given to each Commissioner by Clerk Owens.
Mr. Hopson reported that he has contacted William C. Gregg and he is willing to serve on the Committee on which he was appointed this morning.
BIDS FOR MAINTENANCE OF COUNTY OWNED TYPEWRITERS AND ADDING MACHINES
Bids were received on July 10th, but no decision made at that time for acceptance. Mr. Owens now advised the Board that all of the IBM typewriters are serviced by IBM, and the bids are the same on manual typewriters, therefore, he suggested that the bid of Leesburg Typewriter be accepted. WHEREUPON, on motion of Commr. Dykes seconded by Commr. Babb and carried, the bid of Leesburg Typewriter Service for yearly contract for the quarterly maintenance of County-owned typewriters and adding machines was accepted.
rent on welfare office in leesburg
Mr. Owens reported prior to July 1, 1961, the rent on this office space was $25 per month, but due to having an air conditioner installed, the rent was raised to $35 on 7-1-61 and the County to also pay the light bill.
QUOTATIONS ON CASE BINDERS FOR CLERK’S OFFICE
Bowen Supply Company
1,000 Chancery Case Binders
$220.00 per thousand
Simons Office Equipment Co.
1,000 Chancery Case Binders
$221.00 per thousand $424. 2M
H. & W. B. Drew Company
1,000 Chancery Case Binders
$224.55 per thousand $433.20 2M
Motion by Commr. Babb seconded by Commr. Dykes and carried that Clerk Owens be authorized to accept the bid of Bowen Supply Company for the purchase of 1,000 Chancery Case Binders for the sum of $220 per thousand, that being the lowest bid.
quotations for purchase of cabinet for c. e. duncan, county attorney, as follows
George Stuart, Inc., Orlando
Shaw-Walker Standard Grade File, 4 drawer legal size No. 2061 $94.00
Less Government discount 14.10 $ 79.90
Shaw-Walker Grade A, 4 drawer legal size No. V1071F
Less Government discount $18.15 102.85
Shaw-Walker Premium File 4 drawer legal size No. 1070F
Less Government discount $19.95 113.05
Simons Office Equipment, Leesburg
Shaw-Walker, Olive Green, #V-1071F, 4 drawer legal size 121.00
Orlando Office Supply Company, Orlando
We do not handle Shaw Walker equipment, but quote on
1 ASE 4-drawer, legal size cabinet, Style #7402 84.15
Motion by Commr. Simpson seconded by Commr. Dykes and carried, that the quotations be referred to Mr. Duncan to select the cabinet he wants. Later Mr. Duncan advised the Board he would accept the Item No. 1 from George Stuart @ $102.85.
The Commissioners recommended the following named persons to be submitted to Mr. Herbert Butler, Leesburg, for recommendation to the Governor.
District No. 1 – Mr. R. Perry Butler and Mr. Leslie D. Burdine, both of Leesburg
District No. 2 – Mr. Lacey Thomas, Groveland and Mr. Lee Howard, Leesburg
District No. 3 – Mr. William W. Boyd, Clermont and Mr. Ben Reaves, Astatula
District No. 4 – Mr. John A. Murray, Mount Dora, and Mr. L. L. Polk, Eustis
District No. 5 – Mr. Emery Dillard, Eustis, and Mr. Harold McCown, Umatilla
lake memorial nursing home
Clerk Owens brought to the attention of the Board that Mrs. Root is using the name of Sara-Wald for the nursing home and bills are coming in under that name. Mr. Owens was instructed to advise Mrs. Root to use the name Lake Memorial Nursing Home in the future.
state road department budget
The State Road Department Budget and Program of Work for the Fiscal Year July 1, 1961 through June 30, 1962 were filed with the Board.
vouchers to be approved
General Revenue Fund #1397 through 1538
Road & Bridge Fund #1149 through 1276
Fine & Forfeiture Fund # 158 through 177
South Lake Memorial Hosp. # 8 and # 9
County Buildings # 24 and #25
County Home # 69 through # 72
Mosquito Control # 109 through #122
letters filed with the board
City of Clermont re purchase of approximately 47 acres between Clermont and Groveland for garbage dump
Lake County Chamber of Commerce re meeting on August 17 and annual meeting November 10
State Board of Health re Lake Louise Area and Rainbow Ridge
Lake Memorial Nursing Home Report with Lake County Welfare Worker’s report
Motion by Commr. Simpson seconded by Commr. Babb and carried, the following Resolution was adopted:
WHEREAS, the 1961 Session of the Florida Legislature passed Chapter 61-2374 (House Bill No. 2949) pertaining to a Planning and Zoning Commission for Lake County which will, when activated by the County Commissioners of Lake County, supersede the present Zoning Commission; and
WHEREAS, certain additional powers and authority specifically set forth in said Chapter 61-2374 is essential to the proper continuation and performance of the Zoning Commission under the title “Planning and Zoning Commission;” and
WHEREAS, said Chapter 61-2374 continues the Zoning Commission under the old Act until said Chapter is activated;
NOW, THEREFORE, BE IT RESOLVED by the County Commissioners of Lake County, Florida, that the Planning and Zoning Commission created under Chapter 61-2374, Acts of the Legislature of 1961, be activated and that the Zoning Commission heretofore created be, and is hereby authorized to continue its services in accordance with the original Act and under Chapter 61-2374 above described under the title “Planning and Zoning Commission,” and that said Planning and Zoning Commission take such further actions as shall be necessary for the proper organization and activation of said Commission.
(Copy of Resolution filed re: Keeping Open Road known as “Saw Grass Road,” with Sheriff’s return as follows thereon – “Received this writ on the 11 day of July A.D. 1961 and executed same in Lake County, Fla. On the 13 day of July at 6:00 PM A.D. 1961 by giving a copy of this writ to Henry Tanner and causing said road to be opened, within ten days from date of service of this writ.”)
/s/ Frank E. Owens___ /s/ J. C. Cowart__