MINUTES OF the regular MEETING OF THE BOARD OF COUNTY commissioners
on monday, OCTOBER 7, 1957
The Board of County Commissioners met in regular session in the County Commissioners’ Room in the Courthouse at Tavares on Monday, October 7, 1957, at ten o’clock AM with the following present: Chairman Cowart; Commissioners Theus, Hooten, Simpson, Cross, and Clerk Owens. (Atty. Duncan attending Special Legislature in Tallahassee)
Minutes of the meetings of September 3, 11 and 27 were adopted as read.
DISTRICT NO. 1 – Motion by Commissioner Simpson seconded by Commr. Theus and carried, that Mrs. Corinne Fletcher, Leesburg be granted $40.00 per month for care of Roland Hilliard; and that Miss Martha Ogle, c/o Truesdale Nursing Home, Mt. Dora, be granted $40.00 per month.
DISTRICT NO. 2 – That no changes be made
DISTRICT NO. 3 – That Alex Patterson be raised from $20.00 to $40.00 per month
DISTRICT NO. 4 - That Curtis Strickland be dropped from the list. That Leo W. Perkins, c/o Truesdale Nursing Home, Mt. Dora, be granted $40.00 per month.
DISTRICT NO. 5 - That no changes be made.
CLERK Owens reported to the Board that he has approved since the last Regular meeting the following Notary Public bonds with American Surety Co.: Helena Nutt 9-4-57; Wylania W. Miller 9-18-57; Millicent M. Dibble 9-19-57; Annie Laura Foster 9-23-57; James P. Williams 9-27-57; L. O. Cummings 10-4-57; Mary E. Doscher 10-4-57; Z. D. Giles 10-4-57; Sara Alberson 10-4-57.
And with American Fire & Casualty Company on September 27, 1957, A. L. Holtz. The Board approved the Notary Public Bond of Mrs. Lucile M. Callaway with American Fire & Casualty.
The Board approved the Bond for Carrying Firearm of Herbert B. Hunter, Sr., for carrying a pistol made by Colt Firearm Company 38 caliber and numbered 48698.
A delegation of citizens from Clermont area appeared before the Board protesting the exchange of property in District No. 3 – West of the Howey Arch and on the Dora Canal – for property in Clermont as advertised. Mr. Brockway was spokesman who stated the property in Clermont should be held for public park purposes as that is the purpose for which it was purchased. Mr. W. M. Johnson read a Resolution and Minutes of September 20th of South Lake Waterways Club protesting the exchange of the property. Mr. O. H. Keene stated he came to this meeting for the purpose of trying to keep the Clermont property intact for park purposes and objected to an exchange. Mr. Brockway stated at the request of Commr. Hooten a meeting was held at his home with Mr. Johnson also present, and a compromise on the property was discussed at that time; that a possible solution was the extension of the County clay road to Lake Louise in such a way as to leave an avenue of 300 feet fronting on the river – there is frontage of between 1200 and 1500 feet on the river – that 300 feet in depth between the river and the proposed road be held, and the balance could be advertised for bids, or handled by some realtor. There have been some objections voiced as to this solution. Mr. Johnson displayed a map of property showing ownership and suggested that the County acquire Dr. Borst’s property for a clay pit. Letters of protest on exchange of property were read by Clerk Owens as follows, and filed:
Resolution of Clermont Garden Club
Letter from William W. Boyd
Letter from Mrs. S. H. (Florence M.) Bowman
2 letters from D. A. Gaines, dated Sept. 19 & 21, 1957
Letter from Charles W. Parsons
Letter from Arthur L. George and W. Ben Harmon of Bowman & Brown, Inc. (not read)
Letter from H. C. Brown (not read)
James J. Harris, representative of Lions Club Clermont, orally objected to swapping the land: Mr. & Mrs. Robt. McGrath protested the exchange of the property: John I. Brown, appointed as representative of the American Legion Post of Clermont, was present and protested the exchange of the property. Others present in the delegation were: Wm. W. Boyd, Ben F. Wade, R. C. Campbell, Charles E. Jones, Arthur M. Seybold, Florence M. Harris, Sara M. Tully, Miriam Johnson, Chas J. Anderson, Chas M. Parsons and M. H. Guthrie.
The delegation is of the opinion that Commr. Hooten could find a clay pit on other property. Mr. Hooten asked that this group look for clay for him. Chairman Cowart stated this matter would be discussed after dinner, and thanked the delegation for coming before the Board.
A delegation of citizens from Astor – representing Astor Community Club- appeared before the Board protesting closing of a street in Astor. As this matter had been discussed before the Board previously, Clerk Owens read the minutes of June 7, 1954, and stated that Chancery Case #11,933 – Miller vs. Board of County Commissioners had been filed, and Mr. Miller, by his Attorney Walter Warren, filed Petition for Declaratory Decree. Mr. Aufenberg, spokesman for the delegation, asked that the Board have the County Attorney open up the case, and asked that the Surveyor be sent to mark all streets in Astor. The Board agreed to discuss this matter with its Attorney at a later date, and the Clerk was instructed to notify the Community Club of Astor, c/o Mr. Walter Aufenberg, re this matter.
Mr. W. H. Stull, of the Town Council of Montverde, appeared before the Board and asked for County assistance on Montverde street work, stating he does not feel the Town is receiving a fair share of work on its streets. Commr. Hooten stated he would try to give these people some assistance. Mr. Stull stated money is needed for black top on Road 455 and asked how many signatures are required on a Petition of this kind. Commr. Hooten stated he will ask State Road Department to put this road in the 1958-59 Budget.
A delegation of citizens – Mr. Cassady, Mr. Stin Hazelton, Mr. Powers, Mr. Gardner, Mr. Rich and Sheriff McCall – appeared before the Board re: A drainage ditch over property into Lake Yale West of Highway 19 about 1,000 acres, about 1-1/2 miles to the Lake from Highway. The property owners think the ditch should be 10 feet wide and 4 to 6 feet deep. All property owners present except the City of Eustis. They pledged $600.00 for the work on the ditch. Commr. Cross is to work out the drainage problem with the property owners. Attorney Gaylord to prepare the easements.
Ed Heitling, Ed Scott and John F. Dequine appeared before the Board in the interest of eliminating rough fish from Lake Apopka, stating it would cost $100,000.00 to do this, and the Governor has agreed to release $32,500 under certain conditions – 80% to Orange County and 20% to Lake County. Mr. Heitling stated if this Board can see its way clear to obligate the County for $6,500.00, this would solve the problem. Clerk Owens read a letter from Fla. Board of Commissioners to Governor Collins enclosing copy of Resolution adopted by Orange Co. Sportsmen’s Association re this matter, WHEREUPON, on motion of Commr. Cross seconded by Commr. Simpson and carried, the Board of County Commissioners appropriated for Lake County’s pro-rata share of the cost of poisoning gizzard shad in Lake Apopka the sum of $6,500.00 in the 1958-59 budget. The Clerk was instructed to notify Florida Game & Fresh Water Fish Commission and Board of County Commissioners of Orange County re this matter; and instruct the Orange County Commissioners that in the event a health hazard develops through the killing of the fish in Lake Apopka, Orange and Lake Counties will pay their pro-rata share in disposing of the dead fish – on a basis of Orange County 80% and Lake County 20% - as 80% of Lake Apopka lies within Orange County and 20% in Lake County.
Mrs. Valentine, Home Demonstration Agent, appeared before the Board re the purchase of a stove and combination deep-freeze refrigerator on the School Plan, WHEREUPON, on motion of Commr. Simpson seconded by Commr. Theus, Mrs. Valentine was authorized to purchase through the School Plan a stove and combination deep-freeze refrigerator, which will be replaced every year with a new model for a period of five years. Motion carried.
Ray Newell appeared before the Board and requested permission to use the Courtroom in the Courthouse on October 26 at 7:30 PM for Judge Futch to speak in behalf of Lake County Citizens’ Council, WHEREUPON, on motion of Commr. Hooten, seconded by Commr. Cross permission was granted for the Courtroom to be used on October 26 at 7:30 PM for Judge Futch to speak in behalf of Lake County Citizens’ Council. Clerk instructed to notify Reuben Hatcher to be on hand to direct the seating of the crowd.
Fred Tanner, Director of Mosquito Control, appeared before the Board and gave a report on his work for the last 12 months, and gave each member of the Board a copy of the Mosquito report for September. Mr. Tanner stated the State has cut its contribution for Mosquito Control work $11,800.00. Commr. Theus suggested if the Board could put in $7,500.00, this would assist the work. Clerk Owens reported the Board has $31,000.00 set up in the contingency item, WHEREUPON, ON MOTION OF Commr. Theus seconded by Commr. Simpson, the Clerk was directed to transfer from the Contingency Item in the General Fund $7,500.00 to Item #675 – Mosquito Control.
A suggestion was made that the mosquito control division be placed under direct supervision of the Commissioners. Mr. Tanner pointed out if this is done, the County will no longer qualify to receive surplus equipment.
De Witt McGee and Ted Sanders of Russell & Axon, Consulting Engineers, appeared before the Board re: Zoning. Stated having a meeting on October 23, re: Planning Zoning Program.
Commissioner Simpson filed checks collected or reimbursement for road material, as follows:
Club Casino $44.76 Breeden $12.50
Hess 25.00 Dunlop 12.50
Cola 25.00 Livingston 25.00
Commissioner Cowart filed check of McDonald in the amount of $92.40 for sale of pipe. Said above checks ordered deposited to Road & Bridge Fund.
DISCUSSION OF EXCHANGE OF LAND IN CLERMONT
Commr. Hooten stated he does not have any clay North of Minneola. Dr. Borst will not sell his land which was pointed out on the sketch this morning. Mr. Hooten presented a map showing the cypress trees on the land discussed this morning, and he personally thinks it is a good deal for the County to make an exchange of property because the County needs this clay. Commr. Theus asked if the exchange is made, will Mrs. Bowman have any come back on the County. Clerk Owens stated that Mr. Duncan said before you go through with this, it will be necessary to have three realtors appraise the property. Commr. Hooten stated if it is wrong to make the exchange, just forget about it. Chairman Cowart stated if this property was bought for park purposes, do not think should trade.
Motion by Commr. Theus seconded by Commr. Hooten and carried, that the Attorney for the Board be instructed to look into this as to the legality of same and confer with other legal authorities and report back to the Board.
Motion by Commr. Cross seconded by Commr. Theus and carried that the Clerk be instructed to issue warrant to Motor Vehicle Commissioner for 4 X-tags and 4 title certificates for the new trucks in District No. 5.
The request of Pearl L. Cullen, Tax Collector, to purchase one electric Royal typewriter for the sum of $420.00 was approved. Clerk to notify Mrs. Cullen to pay for same out of fees.
Mr. Owens reported that Attorney Duncan stated under the circumstances he thinks it advisable to repeal the County Plat Law, if the Board does not object, effective as of the date it became a law and that they could consider it between now and the time the Legislature meets again and perhaps draw a suitable law. The Board was agreeable to this suggestion. Mr. Owens stated that Mr. Duncan regrets that he cannot be present at the meeting today, but he requested from the Speaker of the House to be absent from Legislature today, but on account of importance of the program he would not excuse him.
Mr. Larrabee again appeared before the Board re approval of Hilltop Subdivision Plat, but this plat was not approved as the title is not yet clear. A copy of the Health Department’s letter to the Board was filed; also letter from G. B. Fishback, Attorney to Haines Enterprises, Inc., and copy of letter from Attorney Duncan to Larrabee filed.
Petition of William Smith and 42 others requesting that the old Dora Canal Bridge be put in usable condition was filed with the Board. Commr. Hooten stated this is City of Tavares Bridge and he will investigate the matter. Clerk to advise the parties this matter will be investigated.
H. P. Pringle, Attorney, filed Application to Vacate Part of a Plat – Country Club View Subdivision; Certificate of Title and Proof of Publication of Application, with a request that a Resolution Vacating said Plat be adopted. However, Zera Giles, Attorney for heirs of John Frankovitch, opposed the vacating of this part of the Plat of Country Club View Subd., the Resolution was not adopted. Clerk advised to notify Mr. Pringle of this action. Motion by Commr. Cross seconded by Commr. Simpson and carried, that the Application of H. L. Pringle to Vacate Part of a Plat – Country Club View Subdivision – be denied.
Motion by Commr. Hooten seconded by Commr. Simpson and carried, that the Certificates of Correction of Errors on the 1957 Lake County Tax Roll numbered from one through ten inclusive be approved.
Motion by Commr. Theus seconded by Commr. Simpson and carried, that Lake County warrant 1104, chargeable to R/B Fund, in the amount of $369.60 made payable to Tri-State Culvert & Mfg. Division, be cancelled, as it is a duplicate payment of invoice 29847.
Request of Marjorie L. Harris, Manager Lake County Office of ASC Committee, for the Board to approve its office as free rent was approved by the Board.
Request of Frank E. Owens, Clerk Circuit Court, for the sum of $___ for the purpose of paying State Trial Witnesses before the Court at Fall Term of Circuit Court 1957 was approved by the Board.
Request of W. A. Smallwood for permission to erect a sign (5’ x 16’) on County property Summit Subdivision Lot #3 facing Hi-Way #50, about one mile from Clermont at $12.00 per year was approved by the Board. Clerk instructed to advise Smallwood it is agreeable with the Board for you to erect the sign at a price of $12.00 per year payable in advance. At any time the County needs to use the property, you will be notified to remove the sign.
Clerk Owens filed the following RE: 1162-250; SR S-561-A Lake County:
Copy of State Road Department Resolution
Right of Way Contract in quadruplicate (approved and returned to SRD)
Motion by Commr. Hooten seconded by Commr. Theus and carried, the following Resolution was adopted:
WHEREAS, the State Road Department of Florida has authorized and requested Lake County to furnish the necessary rights of way, borrow pits and easements for that portion of Section 1162, State Road S-561-A, extending from County Road in the NW ¼ Section 14, Township 22 South, Range 25 East, Northeasterly to State Road No. 25, which has been surveyed and located by the State Road Department as shown by a map on file in the office of the Clerk of the Circuit Court of said County and in the office of the said Department at Tallahassee; and
WHEREAS, the said Department will not begin construction of said portion of said Section in said County until title to all land necessary for said portion of said Section has been conveyed to or vested in said State by said County and said lands are physically cleared of all occupants, tenants, fences, buildings and/or other structures and improvements upon or encroaching within the limits of the land required for said portion of said Section; and
WHEREAS, the said County is financially unable at this time to provide the necessary funds to acquire said rights of way, borrow pits and easements; NOW, THEREFORE, BE IT
RESOLVED, that the State Road Department of Florida be and it is hereby requested to pay for the rights of way, borrow pits and easements for said road, including the removal of buildings, fences and other structures and improvements thereof, and for other expenses of acquiring title to said rights of way, borrow pits and easements by purchase or condemnation, from such funds and under such conditions as are set out in the contract thereto attached; and BE IT FURTHER
RESOLVED, that said County, through its Board of County Commissioners, comply with the request of said Department and procure, convey or vest in said State the free, clear and unencumbered title to all lands necessary for said portion of said Section and deliver to the State Road Department said lands physically clear of all occupants, tenants, fences, buildings and/or other structures and improvements situate upon or encroaching within the limits of the lands required for said portion of said Section, and that the Chairman and the Clerk of this Board be and they are hereby authorized and directed to execute and deliver on behalf of said County to said Department that the Contract in the form hereto attached; and BE IT FURTHER
RESOLVED, that said County, through its Board of County Commissioners, comply with the request of said Department and procure, convey or vest in said State the free, clear and unencumbered title to all lands necessary for said portion of said Section and deliver to the State Road Department said lands physically clear of all occupants, tenants, fences, buildings and/or other structures and improvements situate upon or encroaching within the limits of the lands required for said portion of said Section and that the Chairman and the Clerk of this Board be and they are hereby authorized and directed to execute and deliver on behalf of said County to said Department the Contract in the form hereto attached; and BE IT FURTHER
RESOLVED, that the attorney for this Board be, and he is hereby authorized and directed to proceed to take the necessary steps for the County to acquire in the name of said County by donation, purchase, or condemnation said rights of way, borrow pits and easements for said portion of said Section and to prepare in the name of said County by its County Commissioners all condemnation papers, affidavits and pleadings and prosecute all condemnation proceedings to judgment; and furnish to the Department the abstract search provided for in said Contract.
Clerk Owens read a letter from Umatilla Chamber of Commerce requesting that consideration be given to acquiring a site South of Umatilla for terminal facilities for the Atlantic Coast Line Railroad with a view to negotiate for the 120 foot right of way which the railroad now owns through Umatilla and Altoona.
Motion by Commr. Theus seconded by Commr. Cross and carried that the attorney for the Board be instructed to negotiate with the Atlantic Coast Line Railroad Company to acquire the 120 foot right of way now owned by the railroad through Umatilla and Altoona for a County right of way.
Clerk Owens read a letter from F. H. McGill, Acting Chairman of the Committee appointed by the Board to inspect the property at Astatula, as follows: “The Committee appointed by you to inspect the tract of land near Astatula met in Tavares on October 4. Four of Committee present – 1 absent account of illness in family. After a thorough discussion on the subject, the four present decided that the tract of land in question is not suitable for old folks home and requested me, as Acting Chairman, to notify you of our findings.”
The Board instructed Commr. Theus to instruct the Committee to look further for a location suitable for old folks home.
Request of Katherine L. Baker, Supervisor of Registration, for permission to loan to the School Board ten ballot boxes for the election to be held on November 5, 1957, was approved by the Board.
Chas. J. Anderson’s Plat of Belle Air was presented to the Board with Title & Trust Company of Florida Policy #FE 7602, and the Clerk was instructed to advise Mr. Anderson that it will be necessary to provide a 60-foot right of way into the subdivision from an existing County or State maintained road and improve same with clay or better 20 feet in width and compact to a depth of 8 inches; also obtain a letter from the Health Department showing that the property is suitable for sanitary disposition, before the Board can approve the Plat.
Motion by Commr. Cross seconded by Commr. Hooten and carried, that the Clerk be instructed to advertise for One 3-5 ton portable tendem steel wheel roller.
Motion by Commr. Simpson seconded by Commr. Cross and carried that the Clerk be instructed to advertise for approximately 200 tons mixture and lay leveling course and construct one-inch asphaltic concrete surface course, meeting SRD specifications Type #2, modified to 2000# stability. Said work to be done on the extension of West 11th Avenue from City Limits of Mt. Dora to SRD #500, a distance of approximately 660 feet, width 30 feet.
Motion by Commr. Simpson seconded by Commr. Hooten and carried that the Clerk be instructed to advertise for One Tractor; One Rotary Mower and One Harrow.
Clerk Owens stated that Mr. Duncan asked George Stuart to have a representative present today with a Dictator and Transcriber, therefore, Bob Brokaw is present with the machine which has recorded this meeting. Motion by Commr. Hooten seconded by Commr. Simpson and carried that the Board of County Commissioners purchase from George Stuart One Edison Combination Dictator and Transcriber; One Conference Microphone and One package of Ediphone Discs.
Motion by Commr. Theus seconded by Commr. Simpson and carried that the following Resolution be adopted:
WHEREAS, State Road S-466 connecting Wildwood with Fruitland Park, ends at its Eastern end of the main street of Fruitland Park extended North, and
WHEREAS, State Road 25, as recently constructed, passes a short distance East of the Main street of Fruitland Park and there is now connecting State Road S-466 and State Road 25, as recently constructed a clay road which is hazardous in its present condition.
NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the State Road Department of the State of Florida be requested to extend State Road S-466 East from its present termination in Fruitland Park to connect with State Road 25.
*CLERK OWENS filed ORDER OF JUDGE FUTCH as follows:
IN THE CIRCUIT COURT OF THE FIFTH
JUDICIAL CIRCUIT OF THE STATE OF
FLORIDA, IN AND FOR LAKE COUNTY
It appearing to the Court that the list of jurors made by the Board of County Commissioners of Lake County, Florida, and whose names have heretofore been placed in the jury box for use in this Court, is practically exhausted and that unless additional names are selected and placed in said box, jurors will not be available for the trial of cases in this Court during the present term; it is now therefore,
ORDERED that the Board of County Commissioners of Lake County, Florida, proceed forthwith and not later than 12 o’clock noon on Tuesday, October 8, 1957, select and certify as required by law, an additional list of 300 names of persons qualified to serve as jurors to be placed in the jury box to serve as jurors in this Court in the manner and form provided by law.
DONE AND ORDERED this 4th day of October, A. D. 1957.
T. G. Futch
TAVARES, LAKE COUNTY, FLORIDA, OCTOBER 7, 1957.
We, the Board of County Commissioners in and for Lake County in the State of Florida, DO HERBY CERTIFY that the following is a true and correct list of the additional names of persons selected by us for jury duty to serve in the Circuit Court of the Fifth Judicial Circuit of Florida, in and for said County of Lake; and we have personally selected and verified said list, and said persons named have the qualifications required by Section 40.01 Florida Statutes, according to the best of our knowledge, information and belief.
J. C. Cowart
Cecil C. Theus
Jack H. Hooten
O. M. Simpson
(FOR VERIFIED LIST OF PERSONS FOR JURY SEE PAGES 94 AND 95 OF THE COMMISSIONERS’ MINUTE BOOK 17, LAKE COUNTY, FLORIDA)
The following letters were filed with the Board:
· South Lake Realty Company – requesting 3 copies of County Code regulations on Subdivisions
· G. G. Ware, Secretary Lake Co. Courthouse Bond Trustees – re: payment to September 30 to Estate of C. A. Vaughn, and re vacancy
· Copy of letter from Bryan Willis, St. Auditor – re: filling vacancy of C. A. Vaughn
· Copy of letter from Ware to Willis filed
· E. J. Burrell, Chr. Oklawaha Basin to Board – Expressing appreciation re cement curb, etc.
· Copy of letter from Lehmann to Committee members – Re: Meeting with Natl. Probation & Parole Assn. Director on September 30, 1957
· State Road Dept. – Re: Section 1101 Wayside Park west side Dora Canal on N. side of Rd. 500
· Richie Green to William Dial – Re: Wayside Park
· Dial to Duncan re Wayside Park
· Fla Development Commission – Aircraft Resolution
· Fla. Development Commission – Enclosing copy Revised Application Lake Co. Health Center
· Keener Mizell to Art Forehand – enclosing cert. copy of Resolution – Owens and Clinic
· State Assn. of County Engineers and Road Supt. Meeting
Motion by Commr. Simpson seconded by Commr. Hooten and carried that the following Vouchers be approved for payment:
General Fund #1496 through #1664
Road & Bridge Fund #1207 through #1350
Fine & Forfeiture Fund # 220 through # 246
South Lake Memorial Fund #8-A
Gen. Fund September 11, 1957, approved Vouchers #1493- 4-5
The following reports were filed with the Board:
· R. E. Norris, County Agent; Billy O. Bass and James R. Connell, Assistant Agents.
· Marian B. Valentine, Home Demonstration Agent and Mary Jane Rowley, Assistant Agent.
· James C. Hunter County Service Officer
· Annual Report by Albert Lunday, Farm Forester
· Fred Tanner, monthly mosquito Control Report for September
· Myrtle Sudderth, Welfare Worker
· Ray E. Green, Comptroller – August & September – distribution of gas tax
· Minutes of State Road Department September 5, 1957
/s/ Frank E. Owens /s/ J. C. Cowart