MINUTES OF THE REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
on monday – SEPTEMBER 11, 1961
The Board of County Commissioners met in regular session in the County Commissioners’ room in the Courthouse at Tavares on Monday, September 11, 1961 at 10:00 o’clock a.m. with the following present: Chairman Theus, Commissioners Cowart, Dykes, Simpson and Babb; Attorney Duncan and Clerk Owens.
The Board was called to order by prayer by Chairman Theus.
Commr. Babb filed check from Blackwater Ranch, Inc., Z. D. Giles, Treasurer, in amount of $17.22 for one used section of culvert – 14 feet at $1.23 per foot, to be deposited to Road & Bridge Fund District No. 5.
pauper list
Motion by Commr. Dykes seconded by Commr. Babb and carried:
D-1 That no changes be made
D-2 That Alice Housdel, Lake Highlands Hotel, Clermont, be cancelled
D-3 That Mrs. Mae Green for $25.00 be cancelled (deceased Aug 2), and that warrant #1,956 in amount of $25.00 dated August , 1961 made payable to Mrs. Green be cancelled and that warrant for said amount be issued to Martha Root for care of Mrs. Green for July 1961
D-4 That no changes be made
D-5 That no changes be made (No one listed)
bill from waterman memorial
Motion by Commr. Babb seconded by Commr. Simpson and carried, that the bill of Waterman Memorial Hospital for 27 X-ray treatments for Andrew Green in amount of $108.00 be approved for payment.
request for commissioners to reopen a road near lady lake
Phil C. Gorman and H. L. Pringle, attorneys, appeared before the Board re: Reopening this road. Mr. Gorman filed . . . Petition of Mrs. Evena B. Ogden and Mrs. Marjorie Rosendahl, requesting the Commissioners to reopen said road, which was closed by the Board on April 13, 1959 by Resolution.
Mr. Duncan stated the Board has the right to proceed to rescind the order.
Motion by Commr. Dykes seconded by Commr. Cowart and carried, that the Board proceed with the testimony of facts. WHEREUPON, the following named persons were sworn by Attorney Duncan and testified against rescinding the Resolution: Mr. Walter Johnson, Mr. Murray Parker, and Mr. Kaiser Hardaway. Mr. William Floyd was sworn by Attorney Duncan, but Mr. Gorman objected to him testifying, therefore he did not testify.
Mr. Pringle presented pictures of the property involved. He stated that the Chairman will remember that he saw the Petition to Close and it was his suggestion that this change be made. Mr. Theus stated – I went to this area with Mr. Floyd and Mr. Pringle and turned up Royal Oak Subdivision Road. I was of the opinion that this would get the title straight. Mr. Dykes said if the County was in error in closing the road at that time, I move that the Board rescind the Resolution. This motion was seconded by Commr. Babb and on roll call by Districts, the vote was as follows: District 1 – yes; District 2 - yes; District 3 – yes; District 4 – yes; District 5 – yes; WHEREUPON, the following Resolution was adopted:
WHEREAS, on the 13th day of April, 1959, the Board of County Commissioners adopted a Resolution disclaiming and releasing any right of the public in and to certain reserved rights-of-way therein particularly described; and
WHEREAS, SUBSEQUENT TO THE ADOPTION OF said Resolution, a Petition was filed before this Board requesting the rescission of said Resolution because of a mistaken fact as to the necessity for access roads in said area.
Thereafter, testimony was presented to the Board of County Commissioners as to necessity for roadways in said area and particularly leading to the properties of the Petitioners, Evena B. Ogden and Marjorie Rosendahl and the Board having determined that it was not fully informed as to the ownerships of lands in that area, and the tracts of land served or to be served by such rights-of-way, and that the adoption of said Resolution on April 13, 1959, was made without knowledge of all the facts;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the Resolution adopted by this Board on the 13th day of April 1959 for the purpose of releasing and quit-claiming any right of the public in and to the rights-of-way reserved and therein particularly described, be, and the same is hereby rescinded, and that the rights of the public as to the rights-of-way hereinafter particularly described be reestablished as though said Resolution had never been adopted. Said rights-of-way are more particularly described as follows:
A strip of land 15 feet wide laying each side of section and half section lines in Section 26, Township 18 South, Range 24 East as follows:
a) Beginning 15 feet South of the North Quarter corner of said Section, run South along the mid-section line to the Southeast corner of the Northeast Quarter to Southwest Quarter; and
b) Begin at the center of said Section and run West 661.20 feet; and
c) Begin at the center of the said section, run East 685.50 feet.
Motion by Commr. Cowart seconded by Commr. Simpson and carried, the following Resolution was adopted:
Suit Miller et al vs Pringle et al.
WHEREAS, there is now pending in the District Appellate Court for Florida, Third Division, an Appeal from the decision rendered by the Circuit Court in the case of Miller, et al. vs. Pringle, et al, and involving the question of zoning and non-confirming use of property for sand pit; and
WHEREAS, Lake County was a party to said proceedings as an intervenor, and the decision of the Appellate Court will be of considerable importance to Lake County;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that Lake County join in the appeal of the above entitled cause, and that the County Attorney be instructed to represent the County in said Appellate proceedings.
policy of board re: road and bridge tax collected
Motion by Commr. Simpson seconded by Commr. Cowart and carried, the following Resolution was adopted:
WHEREAS, under the Statutes of Florida, the Board of County Commissioners is required to rebate to each municipality a portion of taxes collected within such municipality for use on streets, roads, avenues and other public highways; and
WHEREAS, certain of the municipalities in Lake County have from time to time rebated the taxes collected for such purposes to the County, to be used for streets, roads, avenues and public highways;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that it shall be the policy of this Board to expend tax monies collected for municipalities for the above mentioned purposes within the respective municipalities to the amounts rebated.
The Board reconvened at 1:50 p.m. with Chairman Theus presiding.
plat of haines lake estate in section 12-19-25 on haines creek road
This Plat was presented by Harry Padgett, surveyor, who stated he had a verbal approval on this about a year ago. Notation on the Plat states size of lots 30 feet. Mr. Duncan stated under the present policy of this Board, you should have the approval of the Zoning Commission. Therefore Mr. Padgett was instructed to take the Plat back and get approval of the Zoning Commission.
application for position of county engineer
Mathews Cross appeared before the Board and presented written application for this position, which has been vacated by the death of Mr. Chas. P. Goodson, County Engineer. Mr. Theus thinks should get an engineer as quickly as possible as the work in the office is far behind on account of the illness of Mr. Goodson. Mr. Duncan was instructed to call Mr. Hugh Hanna of the State Road Department and see if he has any suggestions.
agricultural center furniture
Motion by Commr. Babb seconded by Commr. Dykes and carried, that Clerk Owens be instructed to advertise for furniture for the Agricultural Center, bids to be accepted on October 9, 1961. (Dykes, Cowart, Lunsford and Norris to meet with the Architect to work on the specifications on Thursday of this week at 2 p.m.) It was agreed to run the advertisement three times in the Leesburg and Eustis papers.
sumter electric bill for agricultural center
Mr. Owens advised the Board that the minimum charge on the lights is $25.00 per month. The current bill is $78.93, WHEREUPON, on motion of Commr. Babb seconded by Commr. Simpson and carried, the bill of Sumter Electric for lights at the Agricultural Center in the amount of $78.93 was approved for payment.
club casino request for sale of alcoholic beverages until 2:00 a.m.
James Brazzell of Eustis again appeared before the Board re this matter and filed Petition with approximately 200 names, plus letters of endorsement from Criterion Club, Socialite Savings Club, Optimistic Club, Poinsettia Lodge #777 and Modernistic Club, requesting a permit to sell alcoholic beverages at the Club Casino in Eustis until 2:00 o’clock a.m. on week days. He stated that the places of entertainment for colored people in Lake are very limited. The casino is the only business establishment with capacity sufficient for clubs entertainment. Mr. Theus said this Board had an opinion from Attorney General and Circuit Judge which stated if do for one, have to do it for everyone in the County. We will take the Petition under advisement and after discussion with our attorney will advise you the decision of the Board.
Attorney Duncan was instructed to notify James Brazzell that there has been a great deal of opposition registered with the Board of County Commissioners to the extension of any privileges or rights for the sale of alcoholic beverages beyond that permitted by the State and especially the granting of any permission to sell alcoholic beverages during any of the hours on Sunday, therefore your request for permission to sell alcoholic beverages beyond twelve o’clock midnight on week days at the Club Casino is denied.
PLANNING BOARD
J. E. French appeared before the Board and asked what the Board thinks of planning boards in different towns joining with the County Commissioners and hiring a consultant. Mr. Duncan was asked to check with State authorities as well as Government on this matter. Discussion on this matter as to someone suited for the position.
resolution re passing of mr. c. p. goodsoN
Motion by Commr. Simpson seconded by Commr. Dykes and carried, the following Resolution was adopted:
CHARLES P. GOODSON departed this life on the 4th day of September 1961 leaving his widow, Audrey Sullivan Goodson; a son, Charles W. Goodson; and a daughter, Mary Deanna Goodson.
BORN IN TEXAS, he spent the greater part of his life in Florida and made his home in Umatilla, Florida. He was a Registered Civil Engineer and in his chosen field served the State of Florida with the State Road Board for many years, finally returning to Lake County, his home, where he served the people of Lake County as County Engineer until his death. His knowledge of the requirements of Lake County from an engineering point of view was invaluable to the people of Lake County and the result of his work and services will long be remembered.
CHARLES P. GOODSON was also a man deeply interested in Civic affairs and served his own City of Umatilla with distinction and was elected President of the Umatilla Chamber of Commerce.
CHARLES P. GOODSON will long be remembered by the people of Lake County and especially by the Board of County Commissioners, whom he served in the dual capacity of County Engineer and Director of the Zoning Commission, and it is with profound regret that we learned of his passing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that by this action we record our deep regret and sorrow at the passing of our good friend and fellow worker, Charles P. Goodson, and we express our appreciation for his devoted service in said capacities to this Board and to the people of Lake County.
BE IT FURTHER RESOLVED that we extend to the family of Charles P. Goodson, his widow, Audrey Sullivan Goodson and his children, Charles W. Goodson and Mary Deanna Goodson, our sorrow for their loss, and our loss, expressing, however, our deep conviction that because of the Christian life he led, he is now with his Maker beyond all sorrow, where he waits for his family to join him.
BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the members of the family of Charles P. Goodson, and that a copy be spread upon the records of this Board.
entrance to u. s. 441
Letter from Robert Mathias asking assistance in putting in a better entrance to highway U. S. 441 from his place and others on South end of Lake Eustis just West of Tavares was read. Clerk Owens was instructed to write him to contact Mr. Mims of State Road Department in Leesburg as this is a State highway.
JAIL EQUIPMENT
Bill of Southern Steel Company as follows was presented by Clerk Owens:
Amount earned to date on contract $13,250.95
Less retainage 10% 1,325.10
Amount due this estimate $11,925.85
Motion by Commr. Dykes seconded by Commr. Babb and carried, that the bill of Southern Steel Company on contract for jail equipment in amount of $11,925.85 be approved for payment.
jail and Sheriff’s department
Request for partial payment, Architect’s Job No. 6026 – Fred S. Conrad Const. Co., Contractor’s Request No. 4 – net total due this estimate - $29,457.84 was approved for payment on motion of Commr. Dykes seconded by Commr. Babb and carried.
national association of county officials
Clerk Owens read the Minutes of Board of Directors’ Meeting in Chicago August 14, 1961; also Minutes of Board of Directors’ meeting in Jacksonville August 24, 1961 re: Atty. J. Lewis Hall representing Florida East Coast Railroad in a suit against Railroad Assessment Board.
quotations on office suppLies for clerk’s office
Bowen Supply Company
Registry of Instruments – one at $138.00 – two at $125.00 each
Chancery Progress Dockets – one at $149.00 – two at $132.00 each
500 Common Law Casebinders $170.00
Dotherow Office Supply
1 Registry of Instruments $140.00
1 Chancery Progress Docket $160.00
500 Common Law Casebinders $160.00 – or 32¢ each
1000 “ “ “ $300.00 – or 30¢ each
On motion of Commr. Babb seconded by Commr. Simpson and carried, Clerk Owens was authorized to purchase from Bowen Supply Company two Registry of Instruments at $125.00 each, two Chancery Progress Docket at $132.00 each; and from Dotherow Office Supply Company 500 Common Law Casebinders at $160.00. They being the low bidders on said articles.
gas company servicing subdivisions
Motion by Commr. Simpson seconded by Commr. Babb and carried, the following Resolution was adopted:
WHEREAS, it is becoming increasingly clearer that because of the rapid development of properties in Lake County and especially properties developed in Subdivisions, that policies and measures of control of the dedicated streets, roads, avenues, alleys, boulevards, and other highways, should be established for the protection of purchasers of Lots in said Subdivisions; and
WHEREAS, one of the public services using such public highways are gas companies distributing gas through gas mains following such highways and the proper control thereof, for the benefit of the property owners within said Subdivisions, it is essential to secure to them continued and satisfactory service after the same has been installed.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that a franchise for the privilege and license of using the highways located within Subdivisions accepted by Lake County for maintenance, whether designated as streets, avenues, boulevards, alleys, parkways, or other highways, be granted to qualified applicants for the maximum period of 10 years, under such terms and conditions, and such stipulations and covenants as shall be determined by the Board of County Commissioners.
Attorney Duncan was instructed to send a certified copy of the above Resolution to the Propane Gas Company for consideration.
railroad crossing at dona vista
Commr. Babb stated that he did not agree to eliminate the present crossing. Letter from Atlantic Coast Line Railroad Company stated the lines have been raised. Mr. Duncan was instructed to write Atlantic Coast Line Railroad that the Board does not want the other crossings removed.
gun shop road
Commr. Dykes stated the people living on the “Gun Shop” road would like to have the road named. No action on this.
state association of county finance officers
Clerk Owens advised the Board that the meeting in Ft. Lauderdale will be held on September 21, 22, and 23, 1961, and he would like to attend and take Mrs. Robertson and Mrs. Babb, if the Board will allow the expenses. WHEREUPON, on a motion by Commr. Babb seconded by Commr. Cowart and carried, Clerk Owens was authorized to attend the meeting and take the two assistants at County expense.
time deposit (CAPITAL outlay reserve county BUILDINGS fund)
Clerk Owens advised the Board that he has renewed time deposit on the $90,450,000.00 in the Umatilla State Bank for a 3-months period, which takes up to November 26, 1961.
approval of vouchers
Motion by Commr. Dykes seconded by Commr. Simpson and carried that the following vouchers be approved for payment:
GENERAL REVENUE FUND #1539 through #1679
ROAD & BRIDGE FUND #1277 through #1386
fine & forfeiture fund # 178 through # 195
county BUILDING Nos. 26 & 27
COUNTY HOME Nos. 73 & 74
MOSQUITO CONTROL Nos. 123, 124 & 125
reports filed with the board
The following reports were filed with the Board:
Florida Division of Corrections – Pertaining to Lake County Stockade, Tavares
Lake Memorial Nursing Home – List of patients – Private and County
Report of Lake County Welfare Worker – for month of August
MEETING ADJOURNED.
/s/ Frank E. Owens___ /s/ Cecil C. Theus______________
CLERK CHAIRMAN