MINUTES OF regular MEETING OF THE BOARD OF COUNTY commissioners
monday – february 2, 1959
The Board of County Commissioners met in regular session in the County Commissioners’ room in the Courthouse at Tavares on Monday, February 2, 1959, 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.
Clerk Owens read the minutes of the meetings of January 5, 6, 8, 12, and 29.
Motion by Commr. Theus, seconded by Commr. Cross that the minutes be adopted as read with the following corrections: January 6th, second paragraph on page 318 add the following: Mr. Cross stated although it was his suggestion that the chairmanship of the Board be rotated each year, now under the circumstances with the criticism of certain action of the Board, he feels that Mr. Simpson should be continued as Chairman for another year. On page 326, January 12, 1959 meeting, delete the words telephone companies. Carried.
notary public bonds
Clerk Owens reported he has approved since the first Regular Meeting in January the following Notary Public Bonds with American Fire and Casualty Company:
Gertrude Lewis 1-13-59, G. M. Perry 1-15-59, and Lavonne LeDue Lasher 1-26-59.
With American Surety Company of New York the following:
Robert E. Turner 1-15-59, Roy Christopher 1-19-59, and H. T. Dykes 1-27-59.
The Board approved the following Notary Public Bonds:
Louisa S. McKinney with Massachusetts Bonding & Insurance Company as surety
Mildred Blackmer with American Fire & Casualty Company as surety
On a motion by Commr. Theus, seconded by Commr. Hooten and carried, the Bond for carrying the Firearm of Ivy Spencer Arnold, Jr. with U. S. Fidelity & Guaranty Company to carry a pistol made by Smith & Wesson of 38 calibre and numbered 503849 was approved.
On a motion by Commr. Hooten, seconded by Commr. Cowart and carried, the Resolution adopted on January 5, 1959 as recorded in Minute Book 17, page 316 reclosing certain roads was amended as follows:
WHEREAS, the Board of County Commissioners adopted at its meeting of January 5, 1959 a resolution vacating and closing certain roads north of Lake Minneola, more particularly described therein, and
WHEREAS, the description in the Petition is vague and misleading, and the description in the Resolution to close roads and the Notice of Adoption of Resolution are erroneous and do not conform to the description in the said Petition, and the Board did not intend to close the roads as described in the Resolution and Notice of Adoption of Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County that the Resolution adopted on the 5th day of January 1959 pertaining to State Road 561A north of Lake Minneola be amended to read as follows:
That part of that certain undedicated clay road bordering Lake Minneola in Section 11 and Section 12 of Township 22 South, Range 25 East, being the same undedicated clay road replaced by State Road 561-A and measuring a distance of approximately one mile, ALSO
That certain undedicated clay road connecting with State Road 561A on the south and measuring northerly to intersect the Section line between Sections 2 and 11 in Township 22 South, Range 25 East, a total distance of three-fourths of a mile.
Welborn Daniel and a group of citizens from Suburban Shores appeared before the Board concerning the problem they have regarding a road in Suburban Shores. Mr. Luton first made an appeal to the Board regarding the road from State Highway 50 to the Subdivision and asked that the appeal be entered into today’s minutes, and if any accomplishments that this be made of record. He then read statements in regard to the Subdivision and road and filed same with a Petition signed by 20 persons petitioning the Board of County Commissioners to provide adequate and less hazardous roads giving access to their homes from State Road 50. The road in question is about 1 ¼ miles in length. Attorney Daniel asked that the road not stop at any gateway but go on around the loop about 1 ¼ miles. He also asked if the Board would authorize Mr. Goodson, County Engineer, to go down and look at the road. The Chairman stated the road is in District No. 3; WHEREUPON, Mr. Hooten asked Mr. Goodson to go down and look at the road. Mr. Goodson stated he would look at the road. Mr. Simpson stated he thinks something can be worked out about the road.
Paul O. Kreger appeared before the Board and presented a bill in the amount of $1,998 for 222 loads of clay with the following notation thereon: “This price includes all machinery used to complete the road job.” Commr. Hooten stated some of the clay was for District 3 and some for District 2. Commr. Hooten also stated he would see Mr. Veasey and see if this has been straightened out. Commr. Hooten thinks Mr. Kreger should wait until this is straightened out. Mr. Kreger was asked who authorized him to build the road, and he replied, “Mr. Veasey and Commr. Hooten authorized me to build the road.” Commr. Hooten stated the road is off of Lanier-Mead Road, and Mr. Kreger should give this bill to Mr. Veasey and get it straightened out. Clerk Owens asked Mr. Kreger if the material came from the County pit, and Mr. Kreger stated the material came from the County clay pit. After further discussion of the bill, Chairman Simpson suggested that Mr. Veasey and Mr. Kreger come to the meeting next Monday, February 9. Commr. Hooten gave the bill to Mr. Kreger.
Mrs. Lena Loper came before the Board and asked the Commissioners for two loads of clay for her driveway and said she is willing to pay for the clay. She stated she asked the Town of Astatula for the clay, but they did not let her have it. This is in District 3, and Commr. Hooten said he will see that Mrs. Loper gets the clay.
Mrs. Glenn George and Mr. John May appeared before the Board and presented the Plat of Glenn’s Cove Subdivision, together with a letter from the Lake County Health Department and Title Policy #Y-138-813 issued by Lawyer’s Title Insurance Corp. showing the title clear in the name of Bessie E. George. Mr. Duncan stated the Plat is OK to be approved; WHEREUPON, on a motion by Commr. Hooten, seconded by Commr. Theus and carried, the Plat of Glenn’s Cove Subdivision was approved, and the Clerk and Chairman were authorized to sign same.
bid for dental equipment and supplies
Notice having been advertised for the purchase of dental equipment and supplies to completely outfit one dental office, the following bid was received:
L. M. ANDERSON DENTAL SUPPLY COMPANY, ORLANDO
Total price on dental equipment as advertised $7,447.08
Less 15 % discount $1,117.02
On a motion by Commr. Theus, seconded by Commr. Cross and carried, the bid of L. M. Anderson Dental Supply Company, Orlando, was referred to Dr. Hall, Lake County Health Director, with authority if it meets his approval to purchase the equipment out of Lake County Health Department funds.
recess and reassembly
The Board adjourned for lunch at 12:35 p.m. and reconvened at 2:00 p.m.
resolution regarding deed for SR S468, section 11650-2150
Mr. Duncan presented a deed (SRD No. 3-R Section 11650-2150, SR S468) from Lake County to the State Road Department of Florida, with a resolution authorizing the Clerk and Chairman to execute the deed; WHEREUPON, on a motion by Commr. Theus, seconded by Commr. Hooten and carried, the following resolution was adopted:
WHEREAS, the State Road Department has located and proposed to construct and/or improve a portion of State Road S468, Section 11650, and
WHEREAS, in order for the State Road Department to further and complete said project, it is necessary that certain lands now owned by Lake County be acquired by the State of Florida for the use and benefit of the State Road Department of Florida; and
WHEREAS, the State Road Deparrtment having requested Lake County to execute and deliver to the State Road Department a deed in favor of the State of Florida conveying all right, title, and interest that Lake County has in and to said lands required for said road right of way and said request having been duly considered,
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County that the Chairman and Clerk of said Board be and they are hereby authorized and directed to make, execute, and deliver to the State Road Department a deed in favor of the State of Florida conveying all right, title, and interest of Lake County in and to the following described lands in Lake County, Florida, to wit:
That part of: The North 330 feet of the East 605 feet of the SW ¼ of SW ¼ of Section 9, Township 19 South, Range 24 East, lying West of and within 33 feet of the survey line of State Road S-468, Section 11650, said survey line being described as follows:
Begin on the South line of Section 9, Township 19 South, Range 24 East, at a point 1334.89 feet East of the Southwest corner of said Section 9, and run thence North 00̊ 39’04” East, 1326.07 feet to the North line of the SW ¼ of SW ¼ of said Section 9, at a point 611.68 feet to the North line of the corner of the NW ¼ of SW ¼ of said Section 9.
BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State Road Department at Tallahassee, Florida. Commr. Cross presented to the Board a deed from Evergreen Memorial Gardens, Inc. to Lake County conveying land in Section 11-19-25 containing one acre more or less for a cemetery for colored indigents. On a motion by Commr. Cross, seconded by Commr. Cowart and carried, the deed was accepted.
Truman Moorhead appeared before the Board in the interest of having the Commissioners furnish him with the definite width of County and public roads and also prescriptive roads. He was informed that it is impossible to give that information except where the County has received rights of way by deeds, in which case the records would show for themselves.
Commr. Hooten stated he wants to pave – double surface – 1.2 miles of clay road on the shore of Lake Minneola to the old Post Office.
On a motion by Commr. Hooten, seconded by Commr. Cowart and carried, Clerk Owens was instructed to advertise for paving the road as requested by Commr. Hooten on the shore of Lake Minneola to the old Post Office.
Clerk Owens reported that Attorney Burnham Reilley called and stated the Pine Meadows Golf Club has adopted a resolution allowing the Club to stay open from 12 noon to 12 a.m. on Sundays and requests the Board of County Commissioners to adopt a resolution allowing the sale of alcoholic beverages on the property between the hours of 12 noon and 12:00 a.m. on Sundays. Mr. Reilley also appeared before the Board in regard to this matter.
On a motion by Commr. Cross, seconded by Commr. Hooten and carried, the following resolution was adopted: (Commr. Theus voted against the resolution.)
BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the sale of alcoholic beverages by the Pine Meadows Golf Club shall in addition to the statutory hours for the sale of alcoholic beverages be permitted between the hours of 12:00 noon and 12:00 midnight on Sundays.
Clerk Owens read a letter from Mrs. Edward Mattle, R-3, Bath, New York, regarding working in some convalescent home in Florida. The Clerk was instructed to write her that the Board is not operating a home at present.
report of howell hopson, architect
The report of Howell C. Hopson, Architect, regarding the Clermont Hotel, Clermont, and Villa Dora Hotel, Mount Dora, was read by Clerk Owens.
Clerk Owens read letters to the Board offering for sale the following buildings for the Home for the Aged:
United Farm Agency, Otto Langfeldt, Groveland, for sale at $14,750, 22 room hotel in Groveland
Sorrento Holding Corp, Sidney Potasnik, President, Mount Plymouth, Mt. Plymouth Hotel, price $225,000
Mrs. Sarah M. Short, Clermont, Charles E. Short Estate, price $60,000 unfurnished
Keene Realty Co., Clermont, Old Log House $30,000 or Lakeview Hotel, Clermont $38,000.
Rod N’ Reel Motel, J. F. Sparks, Tavares, $175,000.
McDonald Home, Lake Shore Drive, Mt. Dora, $35,000
Mrs. Kate D. Depew – English Brick Home “Castle,” 47,500
The above quotations were filed and no action taken.
Clerk Owens read a letter from E. C. Butler, President, Lake County Firemen’s Association, requesting the Board to give special consideration to fire safety in its deliberations concerning the purchase or construction of a building as a home for the aged.
The appraisal of R. J. Hancock, F. F. Fuqua, and Paul Guenther on Road 445 (Alexander Springs) totaling $785 was filed with the Board.
On a motion by Commr. Cross, seconded by Commr. Theus and carried, the Appraisal on Alexander Springs Road totaling $785 was accepted. Mr. Duncan stated additional pieces of property will be added.
Clerk Owens read a letter from the State Road Department and filed the following on Job 11610-2601, SR S-445 (Alexander Springs Road):
Right of Way Contract in quadruplicate
Original, Sepia, and 5 prints
On a motion by Commr. Cross, 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 11610, State Road S-445, extending from State Road 19 in Section 3, Township 17 South, Range 27 East northeasterly and northerly to Astor Park, 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 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; prosecute all condemnation proceedings to judgement; and furnish to the Department the abstract search provided for in said Contract.
Clerk Owens read a letter from Shoup Voting Machine Corp regarding the number of precincts, supplies, etc. The Clerk was instructed to give the information requested.
executed copy of right of way contract, job 11650-2150 sr s-468
The executed copy of the right of way contract for Job 11650-2150, SR S-468, Montclair to Fruitland Park (extending from SR 44 northerly to SR S-466A, Fruitland Park) was filed.
Clerk Owens read a copy of his letter to the State Road Department regarding execution of Typical Section on Job #11100-3501-02-31 SR 19 from the north city limits of Umatilla to Altoona.
On a motion by Commr. Cross, seconded by Commr. Theus and carried, the action of the Clerk in signing the typical section at the request of Commr. Cross on Job 11100-3501 and mailing to the State Road Department was approved.
Clerk Owens filed the approved typical section for the design of Job 11100-3501.
Clerk Owens read a request from Judge Hall for purchasing a National Cash Register Bookkeeping Machine at a cost of $5,500 and filing trays and cards at a cost of $500. On a motion by Commr. Cowart, seconded by Commr. Hooten and carried, the request of Judge Hall was approved and Clerk Owens authorized to advertise for bids on the Bookkeeping Machine and filing trays.
Commr. Theus reported that Mrs. Sudderth’s secretary has been working for $140 per month, but was getting an allotment to supplement this. Now she will need more salary as she is not getting the allotment and asks for a raise to $175 per month.
On a motion by Commr. Cowart, seconded by Commr. Theus and carried, Mrs. Sudderth’s secretary, Mrs. Frances Abbott’s, salary was raised to $175 per month and Clerk Owens was authorized to transfer from the contingency fund in the General Fund to #564, Welfare Administration, a sufficient amount to take care of this increase.
Mr. Simpson presented a Petition from several people in Horner’s Subdivision requesting signs to be erected to slow down traffic. This petition was referred to Commr. Hooten.
Clerk Owens read a copy of a letter from W. Troy Hall, Jr. to the District Engineer, U. S. Corps of Engineers, regarding the drawspan of the bridge over Dead River near Tavares being closed between the hours of 8:00 p.m. and 8:00 a.m. This letter requested that this span not be closed during said hours. The Board agreed that this closing should be opposed.
Clerk Owens read a letter from U. S. Fidelity & Guaranty Company enclosing an endorsement amending the rates on Policy No. J-446736.
Clerk Owens read a letter from A. G. Holley, Chairman, State T. B. Board, enclosing a copy of the Attorney General’s opinion 053-148 regarding authority of counties to pay for the treatment of T. B. persons not residents of the state.
The Plat of Minneola Hills was presented for approval with the Opinion on Title by Irving F. Morse, Attorney, showing the title vested in Joseph E. Mainous and wife and Dudley J. Burke and wife. On a motion by Commr. Hooten, seconded by Commr. Cowart and carried, the Plat of Minneola Hills was approved.
Mr. Duncan, Attorney for the Board, reported that at the request of the Board, he and Charles Goodson, County Engineer, reviewed the resolution presented to the Board regarding the gas line running over the property in Lake County. This matter was ordered held in abeyance until the meeting on Monday, February 9.
On a motion by Commr. Theus, seconded by Commr. Cowart and carried, the Payroll for January was approved.
the following letters were filed with the board:
Copy of letter from Clerk Owens to Guyte P. McCord, Clerk, Supreme Court, enclosing a warrant in the amount of $25 filing fee in the case of Consolidated Naval Stores v. R. G. Cassady, etc.
Tavares & Gulf Railroad Company regarding the application to the Florida Railroad & Public Utilities Commission for permission to close its agency at Astatula and dismantle the depot building
Copy of letter from C. Welborn Daniel to the State Road Department regarding the speed limit being reduced from 65 miles per hour to 40 miles per hour along Highway 27-441 lying between north city limits of Leesburg and that portion where highway departs from the former portion of 27-441.
Copy of letter from the State Road Department to Miss Margery W. Brockway regarding Lake Louisa Road.
State Road Department to C. E. Duncan regarding Dixie Avenue project from SR 25 to Canal Street, as well as a letter regarding putting in 1958-59 secondary budget road from south limits of Umatilla easterly to SR S44A approved by State Road Board 12-16-58 and a letter regarding a portion of Old SR 40 being under the Secondary Road System.
Radar & Associates letter
Florida Development Commission regarding Change Order No. 2, Leesburg Health Clinic
Willis V. McCall, Sheriff, regarding installing a mirror when can secure same
the following reports were filed with the board:
J. C. Hunter, County Service Officer
R. E. Norris, County Engineer and 2 Assistants
Marian B. Valentine, Home Demonstration Agent, and 2 Assistants
report of judge troy hall for year ending december 1958
County Judge, W. Troy Hall, Jr., filed a report for the year ending the 31st day of December, 1958 (filed in Clerk’s office on January 14, 1959)
REPORT OF RECEIPTS, EXPENSES AND NET INCOME
FOR YEAR ENDING THE 31ST DAY OF DECEMBER, 1958
FROM INDIVIDUALS EARNED THIS YEAR 1958
PROBATE FEES $10,589.30
CIVIL FEES $ 65.00
MARRIAGE LICENSE $ 969.75
FISH & GAME LICENSE $ 7,912.75
DRIVERS LICENSE $ 4,766.40
MISCELLANEOUS $ 797.37
(1) TOTALS $25,100.57
FROM GOVERNMENT AGENCIES:
EARNED & COLLECTED 1958 EARNED IN 1957
CRIMINAL FEES $18,712.50 $1,935.00
OCCUPATION LICENSE 364.00 36.25
INQUEST 134.10 6.00
LUNACY 562.50 67.50
MISCELLANEOUS 63.50 5.00
JUDGE - JUVENILE COURT 1,849.98
(2) TOTALS $21,686.58 2,049.75
(3) TOTAL RECEIPTS $46,787.15 $2,049.75
EXPENSES PAID AND DUE
ITEM THIS YEAR LAST YEAR 1957
TEL & TEL 571.41
OTHER $ 1,706.08
(4) TOTAL EXPENSES $29,747.21
COMPUTATION OF NET INCOME
(3) TOTAL RECEIPTS $47,787.15 $ 2,049.75
(4) TOTAL EXPENSES $29,747.21 -0-
(5) NET INCOME ed $17,039.94 $ 2,049.75
(6) ALREADY REPORTED/PRIOR YRS $15,499.39
(7) Total net income to date $17,039.94 $17,549.14
(8)Compensation allowed $11,849.98* $11,575.00*
(9)Proportion due County $ 5,189.96 $ 5,974.14
(10) PREVIOUSLY PAID -0- $ 4,660.01
(11) AMOUNT NOW DUE $ 5,189.96 $ 747.94
Added Compensation in 1955 allowed $ 566.19
*Includes compensation as Judge of Juvenile Court
STATE OF FLORIDA
COUNTY OF LAKE
I, W. TROY HALL, JR., COUNTY JUDGE OF THE COUNTY OF LAKE, STATE OF FLORIDA, do solemnly swear that the foregoing is a true, correct, and complete report of all Fees, Commissions or Remuneration received by me as COUNTY JUDGE and of the expenses paid or for which I have become liable, for the year ending the 31st day of December, 1958.
/s/ Frank E. Owens /s/ O. M. Simpson