MINUTES OF regular MEETING OF THE BOARD OF COUNTY commissioners
monday, march 5, 1956
The Board of County Commissioners met in regular session in the County Commissioners’ Room in the Courthouse at Tavares on Monday, March 5, with the following present: Chairman Singeltary; Commissioners Cowart, Lightfoot, Simpson, and Stokes; Attorney Duncan; and Clerk Owens. The Board was called to order by Chairman Singeltary.
On a motion by Commr. Stokes, seconded by Commr. Lightfoot and carried, the minutes of the meetings of February 6th, 13th, and 17th were adopted as read.
pauper list
On a motion by Commr. Stokes, seconded by Commr. Lightfoot and carried:
DISTRICT NO. 1 – No changes were made in District 1.
DISTRICT NO. 2 – Mrs. Jessie Whitney was granted $60 per month for care of Mrs. Smith and $20 for care of Mr. Leu for 3 days.
DISTRICT NO. 3 – No changes were made in District 3.
DISTRICT NO. 4 – No changes were made in District 4.
DISTRICT NO. 5 – Mrs. Maude Criswell, Eustis, was dropped from the list.
notary public and firearm bonds
Clerk Owens reported he had approved since the last regular meeting the following Notary Public Bonds with American Surety Company of New York: Sue Bond, Mt. Dora, 2-15-56 and John F. Langenbach, Groveland, 2-29-56.
On a motion by Commr. Stokes, seconded by Commr. Lightfoot and carried, the Bond for carrying Firearms of Frederick J. Fox, M. D., Clermont, for carrying an automatic pistol made by Colt of 380 calibre and numbered 26943 were approved.
Commr. Stokes filed a check from Mrs. O. S. Fraser in the amount of $250 - rent for 10 months on the County-owned house, for the months May 1955 to March 1956.
Mr. Lehmann appeared before the Board and expressed thanks to the Board for the good job done on the Fairgrounds and reminded the Board of the Flag Ceremonies at 1:30 today presenting to the Board of County Commissioners an American Flag by the DARs. Mr. Lehmann also reminded the Board of two special luncheons this week – Kiwanis on Wednesday and Rotary on Friday – birthdays of two retiring Board Members to be honored.
bids for purchase of dragline
Notice having been advertised for the purchase of a one-half cubic yard Crawler Mounted Dragline, the following bids were received:
Florida Equipment Company
M205 Koehring Dragline delivered Tavares $17,668
Less trade-in P&H machine 8,000
Alternate Bid – M2-5 Koehring DL $15,900
Graze-Dempsey, Inc.
Model 15B ½ cubic yard Crawler Dragline (Bucyrds-Erie) $16,209.00
Add for General Motors Diesel Engine $ 1,012.50
Add for Cat. Diesel Engine M-D315 $1,584.00
Add for battery lighting & electric starter for Caterpillar 225.00
Add for Cat. Mounting 337.50
Add for extra counterweight – 1500 lbs. 185.00
Add for extra counterweight – 4250 lbs. 480.00
Square Deal Machinery & Supply Company
Link-Belt Speeder Model LS-58 $17,718.65
Alternate Terms No. 1:
Link- Belt Speeder Model LS-58 $19,117.00
Less trade-in P&H model 105 truck crane 9,808.50
$ 9,308.50
MOODY & SONS, INC.
Model 617 Unit Crawler mounted Diesel Dragline $16,546.00
Less trade-in on P&H truck crane 7,500.00
$ 9,046.00
Cash price $15,294.00
Add for ½ cu. yd bucket 500.00
Add for 30-inch shoes 700.00
Add for 26-inch shoes 330.00
Notice having been advertised for the sale of ½ yard dragline crane, the following bid was received:
K. A. Depew Materials – Tavares
I respectfully submit a bid for the P&H crane and Carrier in the amount of $6,250.00.
Clerk Owens asked that the bids for the sale of the P&H Crane and Carrier and the purchase of a dragline crawler be submitted to Jacksonville for recommendation and be voted on at the regular meeting in April, which the Board agreed.
Notice having been advertised for the purchase of 200,000 gallons of R. C. -1 and R. C. -2 meeting State Road specifications, the following bids were received:
Supreme Fuel Co. Inc., Tampa – 2% discount, 10 day payment
American Oil Company, Tallahassee
The Texas Company, Jacksonville - 2% discount within 10 days
Shell Oil Company, Jacksonville - 2% discount within 10 days
American Bitumuls & Asphalt Co., Mobile, Alabama - 2% discount within 10 days
Each of the above companies quoting the following prices for delivered price per gallon to:
Tavares - $0.1211
Leesburg - $0.1203
Mt. Dora $0.1211
Mascotte - $0.1184
Clermont - $0.1184
Umatilla - $0.1202
On a motion by Commr. Stokes, seconded by Commr. Lightfoot and carried, the bid of American Oil Company to furnish Lake County approximately 200,000 gallons of cutback asphalt, Grade RC-1 and 200,000 gallons of cutback asphalt, Grade RC-2 at the price as quoted above was accepted.
NOTICE HAVING BEEN ADVERTISED FOR BIDS for the sale of 1.95 acres of land in Section 26-22-25, the following bid was received:
Herbert S. Starr, Box 666, Winter Garden, Florida – Bid of $500
WHEREUPON, on a motion by Commr. Stokes, seconded by Commr. Cowart and carried, the bid of Herbert S. Starr for $500 for the purchase of the following described land was accepted: Commencing at the Northeast Corner of the NW ¼ of the SW ¼ of Section 26, Township 22 South, Range 25 East, run South 0° 57’ West 301 feet for Point of Beginning, thence South 47° 38’ West 400 feet, thence South 42° 22’ East 424.24 feet, thence North 0° 57’ East, 583.06 feet to Point of Beginning. Containing 1.95 acres more or less.
NOTICE HAVING BEEN ADVERTISED for bids for the sale of 13 lots in Bennet Heights Subdivision, the following bid was received:
Glenn Y. Middleton, Box 108, Clermont, Florida Bid of $85
WHEREUPON, on a motion by Commr. Stokes, seconded by Commr. Cowart and carried, the bid of Glenn Y. Middleton for $85 for the purchase of the following described land was accepted: Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 13 and 14 of Bennet Heights Subdivision as recorded in the Public Records of Lake County, Florida, in Plat Book 8, page 91.
NOTICE HAVING BEEN ADVERTISED for the sale of one 1940 Chevrolet dump trick and one 1938 GMC dump truck, no bids were received; WHEREUPON, Attorney Duncan advised the Board the trucks could be sold now, as they have been advertised for sale and no bids were received.
Mr. Michael and Mr. Smith of the Forestry Board appeared before the Board, and Mr. Smith was introduced as the new Forestry Manager for Lake, Seminole, and Orange Counties, with its office in Orlando.
Mr. E. I. Burleigh appeared before the Board and advised that the Tavares Police reported that the planks are out of the old bridge over the Dora Canal. The Foreman for District #3 was instructed to fix the boards with the supervision of the Attorney for the Board.
Mr. Mims and Mr. Talton of the Orange County Board of Commissioners appeared before the Board and presented a preliminary drawing for a new bridge over the Apopka Canal on the Astatula Road and recommended that the Lake County Board make them a proposition as to the help it is willing to furnish. Chairman Singeltary stated the Board will not have any money available until the first of July. Commr. Stokes stated he would make a 50-50 proposition and asked that the Orange County Board pay half of the price of the plans to be drawn. Commr. Stokes agreed to pay half of the cost of the bridge but not to exceed $14,000. The Orange County Board is to go ahead and authorize plans and specifications for the new bridge that they may be ready by the April meeting for Lake County to authorize advertising for bids to be received at the May meeting. Lake County is to let the contract. A sketch of the preliminary drawing was left with the Lake County Board.
Dr. E. E. Lewis appeared before the Board and stated the Committee now has completed a report on the survey for the home for the aged and is ready to submit same to the Board. He thinks it would be a good idea to have a meeting of the Committee, the Health Board, and the Board of Commissioners for presenting this Report. The Committee will give the Board of Commissioners a copy of the recommendations before this meeting. The Committee is ready to meet with the Board any time it is ready to meet with them. The Board asked that Dr. Lewis send each Commissioner a copy of the recommendations before the meeting.
Mr. Frank R. Greene, Attorney, and a delegation of citizens from the Leesburg-Fruitland Park area appeared before the Board and presented a Petition signed by 13 property owners to revoke the Plat of Hilldale Subdivision on Road 441. Mr. Greene read a letter from Mr. Dial of the State Road Department with reference to public roads and street regulations and filed a memorandum regarding this matter. Mr. Greene asked that the action of the Board in approving the Plat of Hilldale Subdivision on September 6, 1955 be reversed and withdrawn from the files. Attorney Duncan advised that the plat on its face does not show that it was not entitled to record and that all of the requirements as to the presentation and filing of the plat had been met by the owner. Whether or not the strip of land shown on the plat but not included therein as a part was a violation of the statutes is a matter to be determined by facts not presented nor required upon presentation of the plat. That the plat having already been accepted and filed for record, Mr. Duncan was of the opinion that the Board does not have the right to strike the plat from the records, as this could only be done by order of the Court.
Dr. Hall appeared before the Board and advised that the State Board of Health budget meeting will be held in Jacksonville on Thursday, March 15th. Dr. Hall presented a resolution whereby the Board requests participation in the program. (Commr. Singeltary took the resolution, which will be acted on at the next meeting of the Board.)
Chairman Singeltary presented to the Board a Petition addressed to the Mayor and Town Council of Tavares, the County Commissioners of Lake County, and the State Road Board of Florida, signed by 56 citizens of Tavares living along St. Clair Abrams Avenue, objecting to the extension and conversion of St. Clair Abrams Avenue into a through road from State Road 19 to US 441 and asking that said road be routed along Disston Avenue. Commr. Singeltary read the Petition and an article on the subject from last week’s Tavares Citizen. Ten citizens appeared before the Board, namely: Mr. and Mrs. William M. Haywood, Jr., Mr. Paul Sweeney, Mrs. Joe Duncan, Mrs. Russell Peeples, Mr. Truman Moorhead, Mr. Troy Hall, Jr., Mr. Henry P. Reitz, Mrs. Osler Adams, and Mr. Dexter Ward – each giving reasons for objecting to the proposed road from 19 to 441.
Commr. Stokes stated he does not know if the change can be made at this time with the State Road Department. Commr. Singeltary stated it will probably be only a matter of time until all the streets will be connected with Road 19. After much discussion of the change of location for the access road and with the explanation that the State Road Department has allocated $75,000 for this project, the Board agreed if the City Council will agree to close the street running by the School House on New Hampshire Avenue, it will try to get Mr. Dial of the State Road Department to change the survey.
Commr. Singeltary presented Typical Section of St. Clair Abrams in Tavares, Job No. 1159-161, SR S-452, from SR 500 to SR 19 - .9 miles, which was ordered held for the time being. (Budged amount $75,000).
Mr. Stokes filed a Petition of Lorne Mulloy and five others as follows:
PETITION FOR CLOSING STREET
TO THE HONORABLE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY:
THE UNDERSIGNED, being all the owners of land adjoining and abutting the street hereinafter described, hereby respectfully request and petition that the Board of County Commissioners of Lake County, Florida, vacate and abandon a portion of the street hereinafter described and renounce and disclaim any right of the County and the Public thereto. The portion of the street sought to be vacated and abandoned is located in a Plat entitled “Re-plat of Minnehaha Terrace” and recorded in the Public Records of Lake County, Florida, in Plat Book 8, at Page 93, and that said street bears no name but is described as follows:
All that portion of an unnamed street lying between Lots 1 and 6 and between Lots 2 and 7 and between Lots 4 and 9, according to the said “Re-plat of Minnehaha Terrace,” and in support of this Petition, Petitioners respectfully show:
1. That said Street and subdivision are not included within any municipality in Lake County.
2. That said Street is not a part of any County, State, or Federal Highway.
3. That said Street has never been opened for public use and has never been used by the public.
4. That the closing of said Street will not interfere with any road system and will not deprive any person of reasonable means of ingress and egress to the adjoining properties from existing public highways.
Petitioners attach hereto a Petition signed by six property owners owning property in or abutting said subdivision and maker the same a part hereof.
WHEREFORE, we, the Petitioners pray that your Honorable Body adopt a resolution abandoning the sixty-foot road right of way running between the lots above described and declaring the same to be no longer a right of way for public use and to restore that portion of same running between Lots 1, 2, and 3 and Lots 6, 7, and 8 to Lorne Mulloy and his wife, Louise Mulloy, the South 30 feet of said right of way adjacent to Lot 9 to Frank S. Wright and his wife, Isabel Wright, and the North 30 feet of same lying adjacent to Lot 4 to Walter L. Hitt and his wife, Lelah A. Hitt.
All of which is respectfully submitted by the undersigned petitioners on this the 24th day of February A. D. 1956.
STATE OF FLORIDA
COUNTY OF LAKE
I HEREBY CERTIFY that on this day personally appeared before me an officer duly authorized to administer oaths, LORNE MULLOY, LOUISE MULLOY, FRANK S. WRIGHT, ISABEL WRIGHT, WALTER L. HITT, AND LELAH A. HITT, to me well known and who being by me first duly sworn, say, each for themselves that the facts set forth in the foregoing Petition are true and correct and that they severally signed said Petition for the purposes therein set forth.
WITNESS my hand and official seal at Clermont in said County and State on this 24 day of Feb. A. D. 1956
Dorothy F. Willis
Notary Public, State of Florida at Large
My Commission Expires Aug. 25, 1959
Bonded by Hartford Accident & Indemnity Co. of Conn.
(Notarial Seal)
On a motion by Commr. Stokes, seconded by Commr. Lightfoot and carried, the Plat of Haines Creek Heights – NW ¼ of NE ¼ and E. 30 ft. of NE ¼ of NW ¼ in Section 1, Township 19 South, Range 25 East, was approved, subject to the opinion of a reputable attorney or title insurance.
On a motion by Commr. Stokes, seconded by Commr. Lightfoot and carried, the Plat of Edgewood Park No. 4 was approved, subject to the opinion of a reputable attorney or title insurance.
The Plat of Forest Campsites was presented to the Board by Mr. Folsom; WHEREUPON, on a motion by Commr. Stokes, seconded by Commr. Lightfoot and carried, the Plat of Forest Campsites was approved, subject to title insurance. (Title Insurance Policy No. A-70746 Lake Abstract & Guaranty Company was filed with the Board.)
On a motion by Commr. Simpson, seconded by Commr. Cowart and carried, the Plat of Breezee Shores was approved, subject to title insurance or an opinion of a reputable attorney as to title. (A letter of Lake Abstract and Guaranty Co. was filed stating T. I. Pol. #54234 was issued on 10-24-44.)
The Title Certificate of W. Troy Hall, Jr., Attorney, showing the title of Palmora Place Subdivision to be good and marketable and vested in W. Troy Hall, Jr., as Trustee for W. G. Knowles, C. J. Knowles, W. Troy Hall, Jr., and Paul Miller was filed with the Board.
Mr. Carlton Huey appeared before the Board and presented again Unit C, Sheet 4 of 8 Sheets of Plat of Carlton Village, and it appearing that the Sheets of the Plat now filed before the County Commissioners meet the requirements of law and that no objections have been made to the filing thereof, on a motion by Commr. Stokes, seconded by Commr. Lightfoot and carried, “Unit C, Sheet 4 of 8 Sheets of Plat of Carlton Village” was approved by the Board and ordered filed for the record.
Clerk Owens was instructed to write a letter to all surveyors requesting that Plats of subdivisions be presented to the Clerk of the Board at least ten days before same is to be approved. Also check as to duplicate name.
On a motion by Commr. Simpson, seconded by Commr. Cowart and carried,, the Clerk was authorized to run an advertisement in the Eustis Lake Region News for the sale of an old clay pit in Section 10-19-27, District No. 4.
Commr. Stokes stated that a party wants the County to enter into an agreement to give an easement across Summit Subdivision on the south end of Lots 3, 4, 5, and 6. (On March 7, 1955, the Board declined to adopt a resolution for the sale of the above lots.) The Board instructed Mr. Duncan and Mr. Stokes to write the agreement to give an easement across the south end of the above-numbered lots in Summit Subdivision.
A letter from the U. S. Coast Guard requesting two certified copies of county laws and/or regulations relative to the registration of motorboats, licensing of motorboat operators, operations of motorboats, etc. was received. Clerk Owens was instructed to furnish the Coast Guard two certified copies of an excerpt from the Minutes of the regular meeting on December 3, 1951 regarding the speed limit in the Dora Canal.
A copy of a letter from C. E. Duncan, Attorney, to Mrs. Stockwell regarding the Dream Boat was read; WHEREUPON, on a motion by Commr. Lightfoot, seconded by Commr. Cowart and carried, the Clerk was authorized to run an advertisement in the Eustis Lake Region News for the sale of the Dream Boat.
Clerk Owens read a letter from Marion Construction Company regarding a bill for clay on Road 19; WHEREUPON, on a motion by Commr. Stokes, seconded by Commr. Cowart, the bill of Marion Construction Company for clay on Road 19 was approved for payment.
On a motion by Commr. Simpson, seconded by Commr. Cowart, the Chairman and Clerk were authorized to execute a Quitclaim Deed between Lake County and O. H. Dudley and wife; Harry A. Vogel and wife; and J. R. Mahoney Inc.
Three Quitclaim Deeds to Lake County as follows were filed with the Board from J. R. Mahoney, Inc.; Harry A. Vogel and wife; and O. H. Dudley and wife.
A request from Karl Lehmann for funds was approved by the Board.
Clerk Owens reported that Attorneys Dayton and Dayton of Dade City had requested a certificate as to whether or not a certain road in South Lake County upon which an accident had occurred was a County road, and he had advised the attorneys on the advice of Commr. Cowart that the road was not a County road.
The executed right of way contract on Job 1102-106, SR 33, Lake County was filed with the Board.
On a motion by Commr. Stokes, seconded by Commr. Cowart and carried, the action of the Chairman and Clerk in approving the application of James Elison for admission to the T. B. Hospital on March 2 and the application of Barnes Ware were approved.
On a motion by Commr. Lightfoot, seconded by Commr. Cowart, the Clerk was to ask for bids for printing the ballots for the first and second Primary Elections, May 8 and 29, and award same to the lowest bidder and that the Clerk and Attorney for the Board handle the matters of getting out the ballots and other matters in connection with the Primary Elections.
Clerk Owens read a letter from M. V. Sperry agreeing to furnish Lake County with large size ballot boxes complete for the sum of $18 per box; WHEREUPON, on a motion by Commr. Stokes, seconded by Commr. Lightfoot, the Clerk was instructed to notify M. V. Sperry to furnish Lake County the necessary ballot boxes for the sum of $18 per box.
Clerk Owens read a letter from Attorney Duncan advising that Section 101.56 is the only section he finds that refers to time to retain contents of ballot boxes; this section provides that after a count is completed on voting machines, the department where the count is made shall be locked for 10 days, with the exception for another election immediately. “This section also refers to irregular ballots, which may be disposed of at the end of 6 months. It would appear, therefore, that at the end of 10 days, if no contest is made the ballots may be destroyed except, of course, as to irregular ballots which must be kept for 6 months.”
On a motion by Commr. Lightfoot, seconded by Commr. Cowart and carried, the Appraisal of the additional right of way on State Road 25-500, Section 1104-204, Lake County, by Appraisers Gibson, Hunt, and Smith in the amount of $2,842.50 was approved, subject to the necessary changes by Commissioner Singeltary.
On a motion by Commr. Lightfoot, seconded by Commr. Cowart and carried, the bill of Forestry Farm Project in the amount of $1,126.50 was approved for payment.
Clerk Owens read and filed a letter from Lake Abstract & Guaranty Company stating they have issued Title Insurance Policy No. A-46127 in favor of Paul I. Van Valkenburg and wife on Lakenridge Subdivision.
A copy of the agreement dated January 4, 1956 between Atlantic Coast Line Railroad Company and Lake County covering a public road crossing at point 1,056 feet east of Mile Post TA-795 near Mount Dora, Florida, was filed with the Board.
On a motion by Commr. Stokes, seconded by Commr. Lightfoot and carried, the application of Ralph Durden for duplicate tax certificate No. 102 of 1954 covering Lot 1, Block 46, Astor, was approved.
Clerk Owens filed a letter to the Board enclosing a check in the amount of $774.48 covering unclaimed monies due owners of land sold on applications for tax deeds being in excess of Tax Sale Certificates plus costs.
On a motion by Commr. Lightfoot, seconded by Commr. Cowart and carried, the action of the Chairman in authorizing a telephone installed in Judge Futch’s home while he was sick to be paid for by the County was approved by the Board.
Clerk Owens presented a sheet out of one of the Plat Books in his office and suggested that blueprints be made of the original tracings of Plat Books 1, 2, 3, 4, and 5 – approximately 218 sheets, which would cost $800 to $1,000; WHEREUPON, on a motion by Commr. Stokes, seconded by Commr. Cowart and carried, the Clerk was instructed to have the 5 Plat Books blueprinted so that there would be copies for the public to use and the originals kept locked up and kept permanently.
Commr. Stokes presented a letter from Washington regarding Mr. McTureous receiving the Medal of Honor. Commr. Stokes stated that Judge Hall states he is the only boy in Lake County who has received this honor and thinks his picture should be placed in the Courtroom. The Board declined to take action on this matter, as it would establish a precedent which they thought could not be carried out in the future.
the following precincts were named and voting machines designated by the board as follows:
PRECINCT NO. & NAME VOTING PLACE
10 – Leesburg, South Parking lot back of Turner’s Auto Supply between Main & Magnolia on Second Street
11 – Lady Lake Community Building
26 – Leesburg, North Armory
28 – Whitney-Lake Griffin Carlton Smith’s Furniture Store
29 – West South St., West Leesburg Casteen’s Market
30 – Sunnyside, Leesburg Residence of Fred Johnson on Road 441
31 – Mount Dora South Community Building
32 – Eustis South Armory
33 - Dona Vista Cadwell’s Store
34 – Airport, Leesburg Airport
35 – Golden Triangle Riley’s Trailer Park Community Building
vouchers
On a motion by Commr. Stokes, seconded by Commr. Lightfoot and carried, the following Vouchers were approved for payment by the Board:
General Fund – Vouchers 538 through 675
Fine & Forfeiture Fund – Vouchers 78 through 94
Road and Bridge Fund – Vouchers 413 through 510
S. Lake Memo. Hospital Fund – Voucher 3
the following letter were filed with the board:
Marion Valentine, Home Demonstration Agent; JoAnn Mills, Asst. Home D. Agent
R. E. Norris, County Agent; James C. Hunter, County Service Officer
Department of Agriculture – County Jails and State and County Camps
Juvenile Court for February 1956
Report of Licenses issued by the Tax Collector, Duplicates of which have been filed with the County Judge of Lake County for the months of January and February 1956.
MEETING ADJOURNED.
/s/ Frank E. Owens /s/ George Singeltary
CLERK CHAIRMAN