MINUTES OF special MEETING OF BOARD OF COUNTY COMMISSIONERS

 friday, october 13, 1961

The Board of County Commissioners met in special session in the County Commissioners room in the Courthouse at ten o’clock a.m. on Friday, October 13, for the purpose of receiving bids on a pump for the well at the Agricultural Center and such other matters as may be brought before the Board, with the following present:  Chairman Theus; Commissioners Cowart, Babb, Dykes, and Simpson (came late); Attorney Duncan; and Clerk Owens.

The meeting was called to order by Chairman Theus.

purchase of pump for well at agricultural center

Notice having been advertised for the purchase of a pump for the well at the Agricultural Center, Clerk Owens read the Notice, and the following bids were received and read:

A.D. ROSIER, Tavares

Pump (see bid for description)          $1,896.00

Tank (same)                                             614.40

MERIDITH CORP, Orlando

Pump                                                   $1,641.91

Magnetic Starter                                      558.00

Deduct if regular starter is used $175

FARM & HOME MACHINERY CO. INC., Orlando

Pump                                                   $2,098.00

LOCKE WELL & PUMP CO., Orlando

Pump                                                   $2,200.00

On a motion by Commr. Cowart, seconded by Commr. Dykes and carried, the bid from A. D. Rosier to furnish Lake County one (1) Model 804-L Berkeley Pump full Impeller with 15-HP motor for the sum of $1,896.00 was accepted.

Motion by Commr. Dykes, seconded by Commr. Babb and carried, that Lake County purchase from A. D. Rosier one (1) 1,500 gallon Hydro-pneumatic galvanized tank, size 48” x 192”, tested to 150# pressure, working pressure 75#, FOB Tavares for the sum of $614.00.

A bid on the pump from Machinery Service Company of Tampa, Inc. was received after the other bids were opened and acceptance made.  Therefore, Clerk Owens was instructed to return the bid unopened.

A letter from R. V. Ford, architect, regarding electrical work required for installation of the pump at the Agricultural Center was read and filed.

Discussion regarding grass to be planted at the Agricultural Center; also bulldozing around the small pond.  Mr. Owens was instructed to contact Dr. Hall about using the Health Department’s dragline to clean out the little pond.  Mr. Norris stated the nurserymen in the County are having a meeting to decide on the appropriate plants, etc.  Lawrence Atkinson, one of the committeemen, has mowed the grass.  The Chesters have given 3 plants.  They are keeping a list of donors of plants.  Commr. Theus suggested that Mr. Norris contact the City of Leesburg and see if they will donate some palms.  Mr. Norris stated the Forestry people would like to plant trees at the back line of the lot.  A sprinkling system was also discussed.

auditorium for agricultural center

Clerk Owens suggested receiving bids for the auditorium in January.  On a motion by Commr. Dykes, seconded by Commr. Babb and carried, Robert B. Ford, architect, was instructed to proceed with preparing a Notice to Bidders for construction of the Auditorium at the Agricultural Center.  Take bids in January.

discussion on custodian for the AGRICULTURAL center

Mr. Norris stated he could take care of the schedule regarding use of the building if the Board wants him to do this.  The Board feels that in the interest of everybody, the use of the building should be confined to agricultural use.

section 11686-2601 – cherry lake road s-478

Mr. Duncan presented the appraisal on the above-numbered road in the amount of $35,433.90.

On a motion by Commr. Cowart, seconded by Commr. Babb and carried, the appraisal on Cherry Lake Road S-478 was accepted.

On a motion by Commr. Dykes, seconded by Commr. Babb and carried, the bill of Ralph E. Nash, Elmer L. Puryear, and Dalton S. Payne, appraisers, in the amount of $225 each for the work done on the appraisal on Road S-478, Cherry Lake Road, was approved for payment and sent to the State Road Department for payment.

right of way agent on road s-478 – cherry lake road

On a motion by Commr. Cowart, seconded by Commr. Babb and carried, Dalton S. Payne of Groveland was employed as right of way agent to secure deeds on Section 11686-2601, S-478, Cherry Lake Road.

quit claim deed from mary helen peter

A quitclaim deed from Mary Helen Peter, a widow, et al to Lake County for right of way and a warranty deed from Protestant Episcopal Church of Fruitland Park to Lake County for right of way in Section 33-18-24 was filed by Mr. Duncan.

On a motion by Commr. Dykes, seconded by Commr. Babb and carried, the two deeds as described above were accepted for right of way purposes in order that Commr. Theus may proceed to have the road clayed.

warranty deed from huskey homes

A Warranty Deed from Huskey Built Homes, Inc. to Lake County was filed for record.  On a motion by Commr. Babb, seconded by Commr. Cowart and carried, the deed conveying land to Lake County in Section 33-17-28 for right of way purposes in District No. 5 was accepted.

Commr. Babb filed a check from Huskey Developing Co. Inc. in the amount of $100 for clay.

easement from gladys e. davis re property on us 441 near leesburg

Mr. Duncan stated the County does not need as much as 30 feet for an easement.  He has received a letter from Walter Warren, attorney, re this matter.  Mr. Breckenridge thinks 15 feet would be sufficient width.  Discussion on this and Mr. Duncan to work it out with Mr. Warren.

plat of johnson point estate on lake harris

Robert F. Suewer appeared before the Board regarding this Plat.  He stated that this Plat was set up before the Zoning Department went into effect, and he has sold some lots by metes and bounds.  Mr. Duncan stated he has reviewed this Plat, and it seems that now it will be impossible to plat this and would come under the hardship policy, and I think it would be proper to permit Mr. Suewer to sell the remainder of the lots by metes and bounds, as practically one-half of the lots have been sold by metes and bounds description.  Therefore, Mr. Duncan recommended that Mr. Suewer be permitted to sell the remainder of the lots in this plan – Johnsons Point Estate – under metes and bounds description;  WHEREUPON, on a motion by Commr. Dykes, seconded by Commr. Babb and carried, the following resolution was adopted:

WHEREAS, it has been brought to the attention of the Board of County Commissioners that in the year 1954, Robert F. Suewer had prepared a plat under the name of Johnson Point Estates, Designating 26 lots thereon, and did thereafter sell lots by metes and bounds descriptions according to said Plat without presenting such plat for acceptance and recording in the public records of Lake County, Florida, and

WHEREAS, fourteen (14) of said lots have been sold and conveyed by metes and bounds description rather than by lot number, and

WHEREAS, subsequent to said date a “Plat Law” was enacted by the Legislature relating to Lake County, prohibiting the sale of lots by metes and bounds under certain conditions, and the sale of lots under said Johnson Point Estates under the present law would now be prohibited, and

WHEREAS, it appears from the Plat and evidence submitted to the Board of County Commissioners that the platting of said tract, because of the sales to a large number of persons, would be a practical impossibility and would create an unnecessary hardship on the property owners, and

WHEREAS, the said Robert F. Suewer has applied to the County Commissioners for permission to sell the remaining of said plotted lots by metes and bounds descriptions, because the sale of lots thereunder was started prior to the enactment of the current Plat Law;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that Robert F. Suewer, the owner of the remaining lots in said Johnson Point Estates Plat be permitted to sell and convey the remaining lots in said subdivision by metes and bounds, for the reason that a requirement to plat the same at this late date would be an unnecessary hardship on the property owner.

BE IT FURTHER RESOLVED that the sale of lots by metes and bounds in said area be confined to the twenty-six (26) plots designated on said plat by the said Robert F. Seuwer, as owner, and that the sale of any additional lots in said area shall be made in accordance with the Plat Law. (PLAT OF JOHNSON POINT ESTATES FILED WITH BOARD)

southwest florida water management district meeting

Clerk Owens advised the Board that Mr. Burrell, Chairman of the Oklawaha Water Authority, requested him to invite the Commissioners to the meeting of the Southwest Florida Water Management District in Leesburg at 2:30 p.m. Tuesday, October 17^th at the Community Building.

Clerk Owens advised the Board that Dr. Hall is unable to attend this meeting today to give a report on the State Matching Funds School Board contracts.

Clerk Owens read a resolution from the Board of Public Instruction requesting the Commissioners to place before the citizens of Lake County in a referendum in the fall election the matter of levying one half mill for one year for the purpose of constructing new facilities for the County School Administration.  Bring this resolution to the next meeting.  It was suggested that the Board wait until the personnel has moved to the new Agricultural Center and see what room is left in the Pioneer Building to act on this matter.

bill of court reporter re sand mining suit

On a motion by Commr. Dykes, seconded by Commr. Babb and carried, one-third of the bill of Alan H. Hamlin, Court Reporter, in the amount of $797.50 for an original transcript of testimony at a hearing upon Plaintiffs’ Prayer for Temporary Restraining Injunction, March 23, 1961 and the Final Hearing April 6, 1961 regarding Paul A. Miller, et al, etc. vs. H. P. Pringle, Dorothy G. Pringle, etc. was paid by the Board, 1/3 of which amounts to $265.83.

crate mill right of way – district 1

It was reported that W. H. Sapp and his wife conveyed to the County a 66-foot right of way under the impression that a road would be built there.  Now it has been determined that the road will not be built there, and all that is needed is 30 feet.  The other 36 feet should be deeded back to the grantors.  Commr. Theus told them to see Gordon Savage, attorney, and have him draw up the deed.  Mr. Duncan said that ordinarily the County would have no right without advertising to deed the property but could by resolution request the return of the whole thing to them with the request that they promptly give back to the County the portion necessary.  Mr. Duncan suggested that Commr. Theus ask Mr. Savage to come to see him, and they will work out a property transfer of the property.

bridge over canal west of eustis on lake shore drive

Mr. Babb reported that he talked to the Road Board in Deland regarding construction of this bridge.  They suggested that the Board adopt a resolution requesting the State Road Department to give the bridge priority; WHEREUPON, on a motion by Commr. Babb, seconded by Commr. Dykes and carried, the following resolution was adopted:

WHEREAS, the Board of County Commissioners did heretofore by resolution request the State Road Department to amend the 1961-1962 Budget of the State Road Department as it pertains to Secondary Roads in Lake County by eliminating a proposed road running north from State Road 500 by Station WLBE to State Road 44 at Orange Bend and by inserting in lieu thereof the construction of a bridge over the short access canal between Lake Eustis and a marina located west of the railroad within the City of Eustis and the acquisition of right of way for State Road 44, commencing at LaRoe’s Corner east of Eustis and running westerly to the City Limits of the City of Eustis, and

WHEREAS, the County Commissioners have elected to place the construction of the bridge as a prior request for the compliance with said resolution,

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the resolution hereinbefore described be amended in the following manner:  that the request for the planning and construction of a bridge over the canal connecting Lake Eustis with said marina be considered as the first priority of work to be accomplished under said Resolution and that the acquisition of the right of way from LaRoe’s Corner east to the City Limits of Eustis be considered as a second “priority.”

speed limit on haines creek road to bassville SUBDIVISION

On a motion by Commr. Babb, 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 of Lake County, Florida, that excessive speeds along the roads hereinafter described have become increasingly dangerous to the lives of those using the highway and to the lives and property of those living along the boundaries of said highway, and in order to protect them, a speed limit should be determined and posted along said roads;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that a maximum speed limit of 40 miles per hour is determined and set for “Haines Creek Road” beginning at State Road 500 (US 441) approximately 1 mile west of Dead River and running northerly approximately 4 miles to the Bassville Park Subdivision.

marking off parking area in pioneer parking lot

Commr. Dykes reported he talked to Irving Burleigh, Mayor of the City of Tavares, regarding marking off this lot.  However, the Board is of the opinion that the pavement should be built up before marking off the lot for parking.  Commr. Theus suggested waiting until the new County Engineer is here.  Commr. Simpson said he would help Commr. Dykes do the work.

water levels – lake saunders

A letter dated October 12, 1961 signed by Joe Greene, Reid Martin, and Mr. and Mrs. J. C. Hunter was read by Clerk Owens as follows:  “We believe that the water level as of this date to be proper and sufficient, hereby requests that this present level be maintained if at all possible and definitely not lowered by any artificial means.  We are in favor, however, of keeping open the ditch between Lake Saunders and Lake Dora for the purpose of the drainage of any excess waters in the future.”

beautification of courtyard of courthouse

Mr. Simpson reported that Mr. Walter Warren met him as he was coming into the courthouse and discussed beautifying the courtyard with roses in at least one corner of the grounds.  No action taken on this.

resolution honoring lilly pemberton

Mr. Owens reported to the Board that Steve Pemberton’s mother passed away the first of the week.  (Steve is foreman for District No. Three.)  WHEREUPON, on a motion by Commr. Dykes, seconded by Commr. Cowart and carried, the following resolution was adopted:

WHEREAS, Steve Pemberton has been a faithful, loyal, and most efficient employee of Lake County for a period of thirty-seven (37) years, having served under four County Commissioners in District 3 of Lake County; that during the time of this service, his work has been constructive and most beneficial to Lake County, and

WHEREAS, it has been brought to the attention of the Board of County Commissioners that Mrs. Lilly C. Pemberton, Steve Pemberton’s mother, suddenly passed on in East Hartford, Connecticut; that although Mrs. Pemberton has lived a long and fruitful life, her passing is indeed a shock to her son and to those who knew her, and the Board of County Commissioners wish to express their concern to Steve Pemberton because of his loss.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that this Board express to Steve Pemberton their concern and sorrow because of the loss of his Mother; that we express our thankfulness to a Mother who gave a faithful and loyal son, and that we express our assurances to our friend, Steve Pemberton, that his Mother has gone to a richly-deserved reward and rests in peace.

 

MEETING ADJOURNED.

 

/s/ Frank E. Owens___                                                           /s/ O. M. Simpson__

CLERK                                                                                   CHAIRMAN