A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MINUTES OF regular MEETING OF THE BOARD OF COUNTY commissioners

monday, november 10, 1958

The Board of County Commissioners met in regular session on Monday, November 10, in the County Commissioners Room in the Courthouse at Tavares, 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

On a motion by Commr. Cowart, seconded by Commr. Hooten and carried:

DISTRICT 1 – Charles Green for $30 per month was dropped from the list, and Minnie Dean was reduced from $35 to $25 per month.

DISTRICT 2 – William Rollinson for $25 per month was dropped from the list, and Mrs. Jessie Whitney was paid $80 for the care of Fred Cook for September and October.

DISTRICT 3 – Mrs. Maude Ashmore for $25 per month was dropped from the list; Mrs. Bessie Hall, Astatula, was granted $20 per month; and Mrs. Lena Hardin, Ferndale, was granted $20 per month.

DISTRICT 4 – No changes were made.

DISTRICT 5 – Mrs. Corrine Fletcher, 1709 W. Main, was allowed $40 per month for the care of J. W. Bell.

notary public bonds

The Board approved the Notary Public Bond of Arthur E. Roberts with American Fire & Casualty Company and the Bond of Georgia Trampish with American Surety Company of New York.

On a motion by Commr. Theus, seconded by Commr. Hooten and carried, the application of Berry Joe Ferguson for admittance to the School for the Deaf and the Blind in St. Augustine, no payment, was approved, and the application of Charles Edward Rachel for admittance to the School for the Deaf and the Blind in St. Augustine, subject to investigation by Mrs. Sudderth, County Welfare Worker, as to the parents’ ability to pay or not pay was approved.

Mr. Charles Osborne appeared before the Board regarding a road along the “Turner Hammock Road” to intersect SR S-44A (Eldorado Road), a distance of approximately three miles. After discussion of the urgent need of this road, a motion was made by Commr. Hooten, seconded by Commr. Cross and carried that the following resolution be adopted:

WHEREAS, it has been brought to the attention of the Board of County Commissioners of Lake County, Florida, that the rapid development of citrus groves along State Highway S-44A (Eldorado Road) has brought about the immediate need of an additional highway to accommodate the transportation of heavy equipment and oranges to and from said citrus groves and packing houses located westerly of said area, and

WHEREAS, it appears that routing tractors and trailers with heavy loads or oranges along Road S-44A through the Town of Umatilla will create a serious safety hazard, and because of the narrow streets and rights of way in Umatilla, it is practically impossible to pilot tractors and trailers heavily loaded through said Town, and

WHEREAS, it appears that the construction of a new road connecting the above-mentioned road with State Road 19 south of Umatilla will be of a substantial economic advantage to Lake County and the people of Lake County and that the need thereof is immediate because of the maturing of citrus fruit in the area above mentioned;

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 amend the current fiscal budget with particular reference to secondary roads in Lake County, to provide for the immediate survey and preparation of a map, and for the preparing and constructing of a secondary road along the following route:

Commence at the intersection of State Road No. 19 with the South boundary of the Northeast Quarter of Section 23, Township 18 South, Range 26 East, and run Easterly along the “Turner Hammock Road” to intersect State Road S-44A (Eldorado Road) a distance of approximately three miles;

and that funds for the construction of said road be made available from secondary monies due Lake County and that the above project be placed on an emergency basis.

Mrs. Katherine Baker, Supervisor of Registration, appeared before the Board and stated the City of Leesburg is having a Municipal Election and would like to know what the Commissioners would charge per day for use of Voting Machines. They will probably need 3 machines. Marion County charges $25 per day, and Volusia charges $20 per day.

On a motion by Commr. Cowart, seconded by Commr. Theus and carried, the Board is to charge $20 per day per machine for renting the Voting Machines to the cities; in addition, the cities pay the cost of transportation to and from the precincts and all cost of setting up the machines for voting.

Mrs. Baker also stated that the Town of Montverde wants to buy a ballot box from the County for town elections, and she wants to know what to charge.

On a motion by Commr. Hooten, seconded by Commr. Cross and carried, the ballot box was sold to the Town of Montverde for the price of one dollar.

Mr. Starr appeared before the Board regarding a piece of property on Lake Minnehaha, which the County sold some time ago. He wants to record a plat as soon as he gets the property developed and has a sale for a piece of the land now and would like the County to quitclaim a right of way in exchange for a certain piece of property. Attorney Duncan said this would have to be advertised before he can make the exchange, and he will write the Notice of Exchange when Mr. Starr gives him the description of the properties involved.

Mr. Duncan introduced to the Board his assistant, Mr. Ernest Aulls, Jr.

On a motion by Commr. Theus, seconded by Commr. Cowart and carried, the City of Leesburg was to be paid $400 for the following described property for the County barn site:

The North 257 feet of the South 290 feet of the East 340 feet of the SW ¼ of the SW ¼ Section 15, Township 19 South, Range 24 East.

Said property having been purchased on May 31, 1958, deed recorded June 6, 1958, Official Record Book 51, Page 41.

Clerk Owens presented a letter from the Florida State Road Department regarding Section 1114 (Abandonment of Old SR 40); WHEREUPON, on a motion by Commr. Cross, seconded by Commr. Cowart, the following resolution was adopted:

WHEREAS, on the 14^th day of August, 1958, the State Road Department of the State of Florida did, by its own action, abandon a section of Old State Road 40 - .405 miles – located in the Town of Astor Park, as a primary facility, and did abandon and remove from the State-maintained system of public roads for maintenance purposes said section of road more particularly delineated on the Map attached hereto and made a part hereof, and

WHEREAS, Lake County does not have sufficient sums of money to assume and pay for the maintenance of said road from the Road and Bridge Funds in conjunction with other County roads;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the State Road Department be requested to assume the maintenance of the abandoned section of Old State Road 40 as above set forth and that the cost thereof be charged to and paid from secondary gas tax monies due Lake County.

Mr. Duncan presented the Petition for Closing Street and Proof of Publication of Notice of Hearing on Petition, said Petition being as follows:

TO THE HONORABLE Board of County Commissioners of Lake County, Florida:

THE UNDERSIGNED, in accordance with the provisions of Chapter 336, Florida Statutes of 1957, being the only owner adjoining, abutting, and affected by the street herein after described, hereby respectfully request and petition that the Board of County Commissioners of Lake County, Florida,, renounce, quitclaim, and disclaim any right of the County of Lake and the public in and to the following described marginal strip or roadway, located in the subdivision designated as “Groveland Farms,” a Plat of which is filed and recorded in the public records of Lake County, Florida, in Plat Book 2, page 10:

That certain unnamed marginal strip of land or roadway running East and West and lying between Tracts 25 and 26 and Tracts 39 and 40, and also, that certain unnamed marginal strip of land or roadway running North and South and lying on the West side of Tracts 26 and 39, as delineated on the Florida Development Corporation Map of “Groveland Farms” as recorded in Plat Book 2, page 10, public records of Lake County, Florida,

And in support of said, Petitioners respectfully show:

1. That said marginal strip or roadway and subdivision are not included within any municipality of Lake County, Florida.

2. That said marginal strip or roadway is not a part of any County, State, or Federal Highway.

3. That said marginal strip or roadway has never been opened for public use and has never been used by the public.

4. That the closing of said marginal strip or roadway 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.

That the petitioners have attached hereto the Proof of Publication of Notice of his intention to make application to the Board of County Commissioners for such renunciation and disclaimer of any right of Lake County, Florida, in and to said lands.

The Petitioners further show that the closing of said parcel of land will not in anywise be injurious to any of the landowners in the surrounding territory, that the petitioners own the land on both sides of said strip or roadway and, as shown on the map, is approximately 1,320 feet in length and leads from a dirt roadway westward, ending in what is known as Pine Island Lake, that the said designated strip of land or roadway has for many years been an integral part of the citrus groves planted on the above-numbered tracts and has regularly been plowed and cultivated for many years in the care and upkeep of said groves, that the strip of land or roadway designated as running North and South and lying on the West side of Tracts 26 and 39 is wholly unusable as a roadway and for the most part lies under the waters of Pine Island Lake.

Respectfully submitted this 10^th day of November, A. D. 1958.

Clayton J. Weir, as Attorney for Petitioners

WHEREUPON, on a motion by Commr. Cowart, seconded by Commr. Cross and carried, the following Resolution was adopted:

WHEREAS, HENRY A. DU FLON and BARBARA V. C. DU FLON, owners of the adjoining and nearby marginal strip or roadway hereinafter described, have made application to the Board of County Commissioners for a Resolution closing the following described marginal strip or roadway designated as “Groveland Farm,” to wit:

and has published a Notice of Intention to Apply for the closing of said marginal strip or roadway in accordance with the provisions of law and has filed with his petition a proof of the publication of the publishing of said Notice, and

WHEREAS, said Notice required all persons opposed to said Petition to appear and be heard on the 10^th day of November, 1958 at 10:00 in the forenoon, and

WHEREAS, on said date of November 10, 1958, the said Petition was brought up for consideration, and all those opposed to the same were called upon to be heard, and none having appeared to oppose the closing of said marginal strip or roadway:

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the following described marginal strip of roadway located in Lake County, Florida:

be and the same is hereby closed and vacated and that all of the interests of Lake County and the public in and to said marginal strip or roadway, under and by virtue of the dedication thereof of the streets, avenues, etc. appearing upon the Plat of “Groveland Farms,” be, and the same is hereby waived and disclaimed and that the title to said marginal strip or roadway shall revert to the proper fee owner in accordance with law.

The above resolution was unanimously adopted on the 10^th day of November, A.D. 1958.

On a motion by Commr. Cowart, seconded by Commr. Cross and carried, the Tax Assessor, R. G. Cassady was authorized to transfer to the County Engineer the set of Lake County aerial photographic prints dated for the year 1937 and which are considered obsolete for the purposes of the Tax Assessor’s office.

On a motion by Commr. Cowart, seconded by Commr. Hooten and carried, the Clerk was instructed to cancel and place a stop payment on Fine & Forfeiture warrant #246 dated April 14, 1958, made payable to Willie Estes in the amount of $4.10 for witness fee in County Judge’s Court.

admittance to t. b. hospital

On a motion by Commr. Cowart, seconded by Commr. Hooten and carried, the application of Walter Scott Serviss for admittance to the T.B. Hospital was approved, and the application of Emory Collins for admittance to the T. B. Hospital was approved.

On a motion by Commr. Cowart, seconded by Commr. Theus and carried, the action of the Chairman and the Clerk in approving the application of Thomas Raymond Osteen for admittance to the T. B. Hospital was approved.

On a motion by Commr. Cross, seconded by Commr. Theus and carried, the following resolution was adopted:

WHEREAS, the Board of County Commissioners of Marion County, Florida, have requested that the Board of County Commissioners of Lake County, Florida, construct a road in Marion County at the location hereinafter described, and

WHEREAS, it has been made to appear to the Board of County Commissioners of Lake County, Florida,, that because of the location of said proposed road in the southeasterly corner of Marion County, it will be more economical for Marion County to pay Lake County for the construction of said road, the same being a continuation of a road originating in Lake County, and

WHEREAS, the Board of County Commissioners of Marion County, Florida, have agreed to pay the sum of Twelve Hundred ($1,200) Dollars for the clearing and paving with clay a road at the location hereinafter described, and the Board of County Commissioners of Lake County, Florida, have agreed to cooperate with Marion County to the extent of the building of such road;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the Honorable Fred E. Cross, Member of the Board of County Commissioners in District #5, in which, and adjoining which said road will be built, be, and he is hereby authorized to make use of County equipment for the purpose of constructing the road as above set forth, said road to commence at the Southeast corner of Section 36, Township 17 South, Range 26 East; thence run Westerly traversing the South line of Section 36, a distance of 5020.36 feet; to the Southwest corner of said Section 36; thence run Westerly 1565.72 feet to a point 21.51 feet South of the South line of Section 35, Township 17 South, Range 26 East; thence with an angle to the left of 90° 03’ run Southerly a distance of 628.56 feet; thence with an angle to the right of 89° 50’ run Westerly a distance of 1310.15 feet; thence with an angle to the right of 32° 20’ run a distance of 1269.05 feet; thence with an angle to the right of 57° 18’ run a distance of 2664.07 feet; thence with an angle to the left of 90° 30’ run a distance of 1459.17 feet to the West line of Section 35, Township 17 South, Range 26 East; thence with an angle to the right of 90° 50’ run a distance of 2562.60 feet to the Northwest corner of Section 35, Township 17 South, Range 26 East; thence extended Northerly a distance of 332.47 feet to the center line of State Road 42.

certificate of county canvassing board

A Certificate of the County Canvassing Board was filed by Clerk Owens. WHEREUPON, on a motion by Commr. Hooten, seconded by Commr. Theus and carried, the Certificate of the County Canvassing Board was approved.

Clerk Owens gave to Commr. Cross deeds regarding right of way for Ocklawaha Drive, Haines Creek.

Commr. Simpson announced that the Legion Post of Mount Dora has appointed Mr. R. R. Eddy, member of the Civil Defense Council, and Col. Lauben has been appointed by the Mayor of Mount Dora; and these appointments are approved by him.

Commr. Cross said he will appoint Mr. Ernest Kidd of Eustis if he will accept.

The other Commissioners did not report appointments.

Clerk Owens filed the Annual Financial Report in duplicate of the Board of County Commissioners of Lake County, Florida, for the fiscal year ending September 30, 1958, and each Commissioner signed the certificate; WHEREUPON, on a motion by Commr. Theus, seconded by Commr. Cowart and carried, the Clerk was authorized to submit the Annual Financial Report to the Comptroller of the State of Florida in Tallahassee.

The Board agreed to meet at 9:00 a.m. Monday, December 1^st and have the hearing relative to parks at ten o’clock a.m. Mr. Duncan was instructed to mail the Notice regarding Parks to all the papers in the county.

bids for construction of home for the aged

Notice having been advertised for bids for the construction of a Home for the Aged, the following bids were received:

BASE BID ALTERNATE NO. 1

SAM POWELL CONSTRUCTION CO., Leesburg $90,397.75 $1,665.00

MILLER-HORNER CONTRACTORS, Eustis $98,700.00 $3,400.00

A.W. SMITH & SON, Leesburg $98,440.00 $3,300.00

ROY A. THOMPSON & SONS, Leesburg $96,990.00 $3,000.00

UNITED BUILDERS – Contractors, Orlando $94,000.00 $5,000.00

DAVID D. MORRIS – Contractors, Leesburg $94,995.00 $3,300.00

MILLER CONSTRUCTION COMPANY, Leesburg $99,950.00 $3,300.00

Clerk Owens reported the balance in the County Home Fund is $88,569.91.

Mr. Duncan stated the Board cannot accept any bid in excess of the budget; WHEREUPON, on a motion by Commr. Cowart, seconded by Commr. Theus and carried, the Board rejected all bids, and the Architect was instructed to return the bids and the bid bonds to the bidders.

On a motion by Commr. Cross, seconded by Commr. Theus and carried, the Notice to Bidders was revised and readvertised for bids on construction of a home for the aged.

bids for sale of land in mount dora

Notice having been advertised for the sale of certain land in Mount Dora, the following bid was received:

J. P. WILLIAMS, Mount Dora

Bid on Lot #16 Unser’s Subdivision in Mount Dora $500

On a motion by Commr. Theus, seconded by Commr. Hooten and carried, the bid of J. P. Williams in the amount of $500 for Lot #16 of Unser’s Subdivision in Mount Dora was rejected.

Mr. Duncan advised that it is legal now to list the property with brokers for sale, as we have met the requirements of the law by advertising; WHEREUPON, on a motion by Commr. Theus, seconded by Commr. Cowart and carried, the Chairman was authorized to list Lot #16 of Unser’s Subdivision, Mount Dora, with real estate brokers in Mount Dora and pay a 5-percent commission. An appraisal was filed by Murry and Quixley(?), as well as a letter from Simpson.

bid for sale of land located in clermont

Notice having been advertised for the sale of certain land located in or near Clermont (Old Clay Pit), the following bid was received:

WILLIAM C. ELLIOT, Clermont $1,000

On a motion by Commr. Hooten, seconded by Commr. Theus and carried, the bid of William C. Elliott in the amount of $1,000 was accepted for the purchase of the following described land:

Begin at a point where the east line of the right of way of Federal Highway No. Nineteen (19) intersects at the south line of Pitt Street in the City of Clermont which point is the southwest corner of the tract hereby conveyed; run thence east along the south boundary line of said Pitt Street Two Hundred Twenty-four feet (224 feet); thence run south three hundred feet (300’); thence run West one hundred fifty feet (150’) more or less, to the right of way of said Federal Highway No. 19; thence run north along the line of said right of way three hundred twenty eight feet (328’) more or less to the point of beginning.

and that the Chairman and Clerk be authorized to execute the deed.

Clerk Owens reported to the Board that last spring the State Association of County Commissioners went on record as approving the forming of an organization consisting of personnel in charge of the records of the Board of County Commissioners, which is known as the County Finance Officers Association. The first meeting is to be at Silver Springs on November 13^th, and the representatives will be there. The attorney general has ruled that the expense for attending the meetings can be paid by the Board of County Commissioners. Clerk Owens stated he would like to attend the meeting at Silver Springs and take the bookkeeper; WHEREUPON, on a motion by Commr. Theus, seconded by Commr. Hooten and carried, the Clerk was authorized to attend the meeting and take the bookkeeper.

Clerk Owens reported the Health Center has been accepted, but certain things should be done before they accept the work. As far as the contractor is concerned, his work has been performed, and he should be paid. WHEREUPON, on a motion by Commr. Theus, seconded by Commr. Hooten and carried, the final estimate on the building of the Health Clinic in Leesburg was approved – pay as much as was available in the fund and pay balance later.

On a motion by Commr. Hooten, seconded by Commr. Theus and carried, the Clerk was authorized to transfer from Reserve for Contingencies $5,800 to Item #846, Health Unit.

roads – state

Commr. Hooten stated he knows a man in Clermont who will remove the old timber bridge on Road 561 for nothing; WHEREUPON, on a motion by Commr. Hooten, seconded by Commr. Cross and carried, Commr. Hooten was instructed to tell the man to remove the old bridge and pay one dollar to the Board of County Commissioners.

Mr. Owens reported that the Sheriff has confiscated a 1948 Chevrolet car, and same is stored at Hobby’s in Mount Dora. (A letter regarding this matter from the Sheriff was read by the Clerk.) The car was taken in the case of State of Florida vs. Joe Wiggins, and the defendant pled not guilty on October 28 in the County Judge’s Court and was bound over to the Circuit Court. This matter was referred to Attorney Duncan to take the necessary steps for disposing of this property.

Commr. Simpson filed the following checks:

Walter P. Stubble for $117.50 for drainage pipe

Clarence H. Harper for $16.45 for drainage pipe

George J. White, Trustee, $1,394.76 for asphalt on Overlook Drive

Commr. Hooten filed a check for $61.60 for pipe from Jane D. Andrus.

Welborn Daniel and Charles Roe appeared before the Board regarding resurfacing and widening Road 561 in Clermont where it leaves Road 50. Mr. Daniel stated they have talked to Richey Green of the State Road Department, and he has looked over the road and said it would fix it, but would have to obtain a resolution from the County Commissioners regarding an expenditure of $100,000 from Secondary Funds. At present the road is in the primary road system, and the money would have to be transferred from primary to secondary funds. Mr. Daniel later reported he has just talked to Mr. Green, and he said it is alright to pay for this out of any available funds not already budgeted. WHEREUPON, on a motion by Commr. Cross, seconded by Commr. Hooten and carried, the following Resolution was adopted:

WHEREAS, it has been brought to the attention of the Board of County Commissioners that the present primary road hereinafter described is in bad condition and should be resurfaced and widened where necessary, and

WHEREAS, the State Road Department has indicated that it does not have sufficient funds available from its present budget to complete this work but has indicated that if Lake County will make available from its Secondary Funds $100,000 to be used for said purpose, the work will be done;

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 amend the Budget beginning with the Fiscal Year July 1, 1958 to provide from available funds not included in the present Budget the sum of $100,000 to be used in resurfacing and widening where necessary the following described road:

Commence at the intersection of State Road 561 with State Road 25 at the North edge of Minneola, run thence South along State Road 561 through Minneola and Clermont to Minneola Avenue in Clermont, thence turning West on Minneola Avenue and extending to 12^th Street (Old State Road 50), thence South to State Road 50 (new); begin again at Minneola and 12^th Street, continuing North, Northerly and Westerly along the route of Old State Road 50, to intersect State Road 50 (new).

(For proceedings of the minutes of the Board of Lake County Commissioners this date regarding the County Barn at Clermont - See Drawer file of the Board marked Dec. 1957 and November and December 1958 in the Clerk of Circuit Court’s Office.)

following filed with the board:

Florida Railroad & Public Utilities Commission Docket No. 5509-TP

Florida State Board of Health regarding plans for the sewage disposal facilities for County Home

Copy of letter from Karl Lehmann to H. W. Tarkington regarding Board adopting resolution Operation Survival Plan

Report of Ray E. Green, Comptroller, regarding Gas Tax

Digest of Opinion of Attorney General

Report of County Welfare Worker

vouchers approved

On a motion by Commr. Theus, seconded by Commr. Cross and carried, the following Vouchers were approved for payment:

General Fund No. 1 through No. 162

Road and Bridge Fund No. 1 through No. 140

Fine & Forfeiture Fund No. 1 through No. 15

Health Clinic Nos. 1 and 2

County Home No. 1

MEETING ADJOURNED.

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

CLERK CHAIRMAN