monday, january 6, 1958


The Board of County Commissioners met in regular session in the County Commissioners Room in the Courthouse at Tavares on Monday, January 6, 1958, at ten o’clock a.m., with the following present:  Chairman Simpson; Commissioners Theus, Cowart, Hooten, and Cross; Attorney Duncan; and Clerk Owens.

The Board was called to order by Chairman Simpson.

Pauper list

District No. 1 - Motion by Commr. Theus seconded by Commr. Hooten and carried, that Minnie Dean be increased from $30.00 to $35.00 per month; that Elvira Davis be increased from $20.00 to $30.00 per month; that Floyd Gossett, General Delivery, Leesburg, be granted $30.00 per month; that Mr. and Mrs. William Miller be continued on the list at $30.00 per month.

District No. 2 – That Mrs. Mary Taylor, Mascotte, be dropped from the list.

District No. 3 – That Mrs. Nancy Hawthorne, c/o W. C. Hawthorne, Tavares, be granted $40.00 per month.  That Richard Temple be dropped from the list as he has moved away.

District No. 4 – That Leo W. Perkins for $40.00 be dropped from the list.

District No. 5 – That no changes be made.

A delegation of Tavares citizens appeared before the Board protesting the removal of the old bridge over the Dora Canal and requesting that same be rebuilt.

Mr. C. E. Holder, representing the Town Council of Tavares, stated the bridge was turned back to the Town of Tavares when new Road 19 was built, and we now understand that it has been recommended that this bridge be torn down.  The Town of Tavares would like very much to have this bridge rebuilt, as it saves much time for the people in that area to get into town and would be of great advantage to the people in case of fire in that area.  Summerall Park is used by all of the Civic Clubs in Town and it is hazardous to get on and off of new Highway 19 in order to get to Summerall Park.

Mr. C. A. Buchanan, representing the Lions Club of Tavares, stated this Club thinks the bridge should not be repaired or rebuilt.

Mr. John Knight, of the Town Council, stated the Town is interested in keeping the bridge.  The Town does not have any money to rebuild the bridge and without aid from the County or some other source, we do not know what we can do about the bridge.  Mr. Hooten asked if the Town of Tavares is willing to do anything toward construction of the bridge.  Mr. Knight stated cannot at the present time.  Mr. Hooten stated he is not willing to take all the money out of his budget, but if the Town of Tavares and Water Authority would help, I would be willing to go along with them.  Mr. Knight stated he does not think can remodel the bridge.  It would have to be torn down and rebuilt.  We feel that once it is torn down we do not have any assurance that it will be rebuilt.

Mr. Duncan stated there is a hazard that people in that area would have if they have to continue to come out on Road 19.  The width underneath the bridge creates a bottleneck and in such time as we have high water it will need to be widened.

Mr. Roy Caldwell, Mayor of Town of Tavares, gave the background of the bridge – two years ago the State stated it did not need the bridge any more, and the Town did not have ample funds to maintain a bridge, therefore, it was closed when new Road 19 was completed.  The folks in our town want the bridge, but we are not in a position to furnish the bridge.  If the bridge could be rebuilt for an alternate 19, this would solve the problem.

Mrs. Marie King, representing the Woman’s Club of Tavares, said we are not happy not to have the bridge.  We also feel that when the new Agricultural Building is completed it would mean a great help to have the bridge.

Mrs. W. G. Wells said she was authorized to represent the Junior Woman’s Club and she also came in the interest of personal property.  The Junior Woman’s Club does not want to see the bridge torn down, but thinks that it should be rebuilt.  Mrs. Wells suggested that a representative of the Civil Defense Department should have been present as the bridge certainly would be of great assistance in evacuating the Town.  Mrs. Wells stated, “I also have a personal interest – we own property across the bridge and it would mean a great deal of loss to us to have the bridge closed or torn down, and I think it would be a great loss to the Town of Tavares to lose that extra entrance to the Town.”

Mr. Clark Beaven, representing the Tavares business men, stated we have had a decline in business since this entrance to the Town has been blocked, and we certainly think the bridge should be rebuilt.

Mr. Julius Watts stated he thinks a conservative figure to rebuild the bridge would be $15,000.00 and thinks the bridge should be rebuilt as it is very hazardous to get on Road 19 and off.

Mr. Dexter Ward, representing the Tavares Chamber of Commerce, stated he agrees with everything that has been said re keeping the bridge.  Tavares needs the bridge and it should be rebuilt.

Mr. Roger Conner stated he agrees that the bridge should not be demolished as it certainly is a hazard to get on and off of Road 19, and if there is any way possible for you gentlemen to get the bridge rebuilt, it should be done.  I also speak in behalf of other residents in that area.

Commr. Hooten stated he has the Petition which was filed some time ago by citizens re the bridge.  He also stated he will get in touch with Mr. Dial and see if can get the bridge back in the State Road Department program and get some assistance.

Dr. J. B. Hall, Medical Director for Civil Defense of the Greater Orlando Metropolitan Area, comprising 7 or more counties, stated he agrees with everything that has been said in regard to keeping the bridge as I am also responsible for the safety of the people in our County.  Civil Defense might help with the bridge.

Chairman Simpson instructed Mr. Duncan to notify the Water Authority not to take any action in disturbing the bridge until we can get this thing worked out.

Motion by Commr. Hooten seconded by Commr. Cowart and carried, that the bridge not be destroyed until we have some definite assurance that it can be rebuilt.

Chairman Simpson thanked the delegation for coming before the Board and stated, you have heard the motion, and Mr. Duncan will notify the Authority not to disturb the bridge until we can get this matter worked out.

Zoning Committee having been requested to meet with the Board today, the following were present:

District No. 1 -  Mr. Sid Kilgore present – Mr. J. E. French, not present

District No. 2 – Mr. R. E. Nash and Mrs. John Arnold present

District No. 3 – Mrs. Joe D. Duncan present.  Mr. Chas. Roe not present

District No. 4 – Miss Reba Harris and Mr. George G. Amory present

District No. 5 – Mr. Herman C. Turner and Mr. Emory Dillard present

Mr. Duncan instructed the Committee re the work to be performed – you are to determine what portions are to be zoned and recommend to the County Commissioners.  The Committee should meet and appoint a Chairman and Clerk.  You are authorized to employ assistants to get the work under way.  You are to determine what the people want and bring back to the County Commissioners your recommendations – get the help of experts in this type of work.  Russell & Axon, Consulting Engineers, have an office in Daytona Beach, and they are experts in this kind of work.  Do not know if the County Commissioners will authorize you to hire them.  Mr. Simpson stated that some of the incorporated cities have zoning laws and you might be able to get information from them.  Dr. Hall stated that Public Health is extremely interested in this work and we are willing to offer our engineers at any time without charge.  Mr. Duncan stated when any group requests you to zone an area, or this Commission thinks an area should be zoned, you formulate your plans for this work.  The first step the Committee should take is appoint a Chairman and Vice-Chairman, and let it be known that you are ready to receive recommendations.  Mr. Simpson said the first thing is for your Committee to organize and come in with requests and this Board will consider your requests.  Mr. Duncan read part of Section 1 of the Zoning Act – Grant of Power:  For purposes of promoting health, safety, morals or the general welfare of the community, the Board of County Commissioners of Lake County is hereby empowered within all that certain territory in said County of Lake, within five (5) miles of the city limits of any municipality, but not including the territory comprising said city, and also all that certain territory in said county of Lake not included within any municipality and more than five (5) miles from the city limits of any municipality, within one thousand (1,000) feet of the center line of any primary or secondary or U. S. Highway, to regulate and restrict the height, number of stories, and size of buildings and other structures on land and water, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, the use of buildings, structures and land for trade, industry, residence of other specific use; etc.

Mr. Hooten stated he thinks the people on the Committee should be paid for their services.  No action taken on this.  Mr. Simpson asked that the Committee meet while here and organize.  Mr. Cross suggested that the County Commissioners give this Committee headquarters in the Old Abstract Building.  Mr. Owens stated this space probably can be made available.

Mr. Leu Schaler and Mr. Buck Nilsson appeared before the Board re a development at Conant in the vicinity North of Lady Lake in which they are interested, and stated they want to donate Lake County a right of way for State Road 500 through all their property.  The Plat will be put on records and will conform to the State right of way for State Road 500.  This subdivision will include about six thousand people in Lake County.  The Board expressed appreciation for this cooperation.

Mr. Duncan stated he received a plat from Howard Bozeman for Cypress Haven Subdivision which has also been presented to the Water Authority.  Mr. Duncan read and filed a letter re exchange of land.  The property not to be used for any other purpose except park purposes.  The Water Authority is willing to convey to Bozeman a small lot, with the provision and conditions that the conditions will be met.  Lake County Health Department letter attaching survey of Orange State Engineers’ report filed with Opinion on title of Charles B. P. Sellar.

Motion by Comr. Cross seconded by Commr. Theus and carried that the Plat of Cypress Haven be approved when conditions as outlined have been met.  (Sign the Plat and hold until comply with request.)

Dr. Hall stated the Florida Improvement Commission has advised they have just heard from Washington that Lake County is eligible and always has been eligible for surplus property and that he has put in an order for a bulldozer for use in covering the garbage.

Mrs. Sudderth discussed with the Board the matter of Marion County paying for the treatment of a Lake County prisoner who was injured while working in Marion County.  Mr. Duncan thinks Marion County should be responsible for the payment since the man was injured while working on its job.  Mrs. Sudderth stated she would like for the Board to set up a term of residence for Lake County.  After discussion of this matter, Mr. Duncan was instructed to write the adjoining counties and determine from them what their policies or laws are, and then recommend a policy for Lake County.

Clerk Owens presented request and right of way map from State Road Department for title search on road 500 Job 1101-111 from Orange County line through Mount Dora to the Dream Boat; WHEREUPON, on motion by Commr. Cowart seconded by Commr. Hooten and carried, Inland Abstract & Title Company was requested to make title search on Job 1101-111 Road 500 from Orange County line through Mount Dora to Dream Boat.  Commr. Cross voted “no” as the map presented is incomplete.  (Map later completed by SRD)

Clerk Owens filed the following on Job 1123-101 State Road 25, extending from Lady Lake to Sumter County line:

Department Resolution

Right of Way Contract (SRD No. 1) in quadruplicate

Original, Sepia and 5 prints of map of survey and location

Motion by Commr. Theus seconded by Commr. Hooten and carried that the following Resolution be 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 1123, State Road 25, extending from Lady Lake to the Sumter County Line, 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 thereon, 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 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 land 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 proceeds to judgment; and furnish to the Department the abstract search provided for in said Contract.

Check #2889 from Board of County Commissioners Marion County to Lake County in the amount of $62.00 as reimbursement for work on road in Marion County connecting Lake County road was filed and ordered deposited to R/B Fund, credit D-5.

Motion by Commr. Theus seconded by Commr. Hooten and carried, that General Fund warrant #279 dated December 2, 1957 in the amount of $10.00 drawn to Dr. Roger E. Phillips, c/o Andrews Nursing Home, Orlando, Florida, for examination of Sally Lou George Burnsed, be cancelled as her father paid the bill.

Clerk Owens presented bill of Southeastern Telephone Company for telephone calls incurred by Rep. Welborn Daniel while he was in Tallahassee during the Special Session of the Legislature.  Mr. Duncan stated this is in line with what our bills would be.

Motion by Commr. Cross seconded by Commr. Hooten and carried, that Rep. Daniel be reimbursed in the amount of $59.75 for telephone expense with Southeastern Telephone Company incurred during the Special Session of the Legislature.

Motion by Commr. Cowart seconded by Commr. Theus and carried, that the Clerk be instructed to issue warrants to the Motor Vehicle Commission in payment for X-tags for trucks and trailers.

Motion by Commr. Theus seconded by Commr. Cross and carried, that the request of Karl Lehmann for $2,000.00 for Publicity be approved.

Letter from State Road Department re:  Traffic & Planning and requesting the Lake County Officials to inform them the name, address and telephone number of the person, or persons, to contact in the event an emergency repair is required for traffic signals.  Clerk Owens was instructed to notify State Road Department to contact Commissioners or Foremans.

Clerk Owens read a letter from Shoup Voting Machine Company re:  sending them type of ballot etc., and requesting a copy of one of the largest primary ballots and largest general ballots, in order to estimate the quantity and type of printing material and advise the date of next election.  This letter was referred to Fred Cross to contact Mrs. Baker, Supervisor of Registration.

Clerk Owens read a letter from State Board of Administration giving a statement relating to debt represented by Road & Bridge Bonds issued on or prior to July 1, 1931, or refunding issues thereof.

Debt outstanding in 1930 - $13,651,372.66

Debt outstanding in 1958 - $  3,762,707.00

Kennie Pearce, Juvenile Counselor, appeared before the Board and asked for money to buy Kenneth Wingo, a juvenile, a bus ticket back to Virginia.

Motion by Commr. Cross seconded by Commr. Hooten and carried, that the boy be returned to Virginia and that the County pay the expense of $18.43 for bus ticket.

Motion by Commr. Theus seconded by Commr. Cowart and carried, that the following Vouchers be approved for payment:

            Road & Bridge Fund              #219 through 344

            General Fund                          #259 through 408

            Fine & Forfeiture Fund          # 26A through  40

            S. Lake Memorial Hospital    #4

The following letters were filed with the Board:

            Russell & Axon – re working with County Commissioners in County planning, etc.

            George Stuart, Inc. – re office engineering service

The following reports filed with the Board:

Annual Report of Myrtle Sudderth, County Welfare Worker

Department of Agriculture – prison division – County jail and State Camp

Comptroller – special fuel tax collected in December; gas tax collected during December

State Road Department minutes December 19-1957.


Meeting adjourned.


/s/ Frank E. Owens                                                                 /s/ O. M. Simpson

CLERK                                                                                   CHAIRMAN