MINUTES OF the called MEETING OF BOARD OF COUNTY commissioners
wednesday, june 22, 1960
The Board of County Commissioners met in called session in the County Commissioners room in the Courthouse at Tavares on Wednesday, June 22, 1960 at nine o’clock a.m. for the purpose of receiving and considering the budget requests for the fiscal year beginning October 1, 1960 and ending September 30, 1961 and such other business as may be brought before the Board, with the following present: Chairman Cross; Commissioners Theus, Cowart, Bishop and Simpson; Attorney Duncan; and Clerk Owens. Also present was Herman Dykes, nominee for Commission in District No. 3.
Chairman Cross called the Board to order.
An agenda having been mailed to the various County officials for this meeting, the following County officials presented requests for the budget:
Mr. Elwood Selsor, Director, Child Welfare Unit
Mr. R. G. (Ted) Cassady, Tax Assessor
Mr. Willis V. McCall, Sheriff (request presented June 6, 1960)
Mr. R. E. Norris, County Agent
Mrs. Marian B. Valentine, Home Demonstration Agent
Mr. J. C. Hunter, County Veterans’ Service Officer
Mr. W. Troy Hall, Jr., Circuit Judge
Dr. J. B. Hall, Director, Lake County Health Unit
Mr. Fred Tanner, Director, Lake County Mosquito Control
Mr. Charles P. Goodson, County Engineer and Zoning Director
Mrs. Katherine L. Baker, Supervisor of Registration
Mr. Karl Lehmann, Secretary, Lake County Chamber of Commerce & Fair Association
Mr. R. E. Pierce, County Prosecuting Attorney
Mr. Neal Huebsch, Judge of Small Claims Court
Mrs. Henrietta S. Horner, Judge of County Court and Juvenile Court
Mr. Frank E. Owens, Clerk, Circuit Court
A letter from Mr. W. E. Lee, Chairman of the Board of South Lake Hospital, requesting one mill was read and filed.
A resolution of the Oklawaha Basin Recreation and Water Conservation and Control Authority requesting 1 ¼ mills was read and filed.
Home for the Aged – ¼ mill was allowed in the budget.
Mr. Paul H. Reed, Tax Collector, appeared before the Board and stated he is not asking for anything at all for the budget as beginning January first of this year; he started complying with Section 193.02, which will make a reduction in the excess fees from his office. Discussion on this followed.
discussion on the home for the aged or nursing home in leesburg
Mr. Selsor advised the Board that the State Welfare Director will be here on July 11th to discuss how they can pay for certain patients in the Nursing Home.
discussion on request of henry self, clerk, city of umatilla
There was discussion on the request of Henry Self, Clerk, City of Umatilla, regarding releasing to the City the figures of Hunnicutt. Mr. Duncan stated this would not be a good policy. Mr. Cassady did not think the Board should release the figures to Umatilla or any other city. If they release them to one city, others would want the same. The Board is not in favor of releasing the figures to any city or town.
disposal plant for courthouse
Mr. Duncan reported that Mr. Irving Burleigh has agreed that he will sell to the County whatever land near the Lake Region Packing Association the Board needs for a disposal plant. Mr. Duncan asked for authority to work out what the County will need, which probably will cost between one thousand and fifteen hundred dollars. Chairman Cross thinks if they can get the land, they should do so. On a motion by Commr. Bishop, seconded by Commr. Simpson and carried, Attorney Duncan was authorized to go ahead and negotiate with Mr. Burleigh for the land and report at the next meeting.
Mr. Duncan reported to the Board that following authorization by the Board for him to represent Mrs. Katherine L. Baker, Supervisor of Registration, in the mandamus suit regarding County Judge and employ additional counsel, if necessary, he did employ additional counsel, Mr. J. Lewis Hall of Tallahassee, and he has served in that capacity. Mr. Duncan stated the question was raised as to whether or not the Board could hire additional counsel, and I now file a report of the Attorney General on the question as follows:
employment of counsel by county commissioners
Florida Jurisprudence, Volume 8, page 205, paragraph 60:
“The power of the Board of County Commissioners to represent the County in the prosecution and defense of all legal causes carries with it the necessary implication that counsel may be employed whenever in the judgment of the Board the interests of the County require the services of counsel in courts, whether state or federal, within whose jurisdiction the controversy in which the counties are interested may lie.”
Clerk Owens stated 26 Petitions signed by 972 people commending the Board of County Commissioners and Mrs. Baker for their action have been filed in his office during Monday and Tuesday of this week. Mr. Owens read the form of the Petition but not the signors. Mr. Owens also read a resolution from the Mount Dora Jaycees favoring and recommending that a runoff election be held in order that a County judge be elected by the majority vote of the people and not declared the winner on the basis of a plurality. Mr. Owens also read a letter from Estelle Salts, Paisley, to the Commissioners requesting with other statements, “By all means have another election.”
bids for surfacing and retreatment of road
Notice to bidders having been advertised for surfacing and retreatment of approximately 3.5 miles of road as follows: West Side Drive and Montclair Road, City Limit Road from US 27N easterly, Garrett Road, Johnson Road, and Colonial Drive, and notice to bidders having been advertised for paving a sand - asphalt mix approximately .5 miles of road between SR 50 and a point southerly toward Suburban Shores, and also notice to bidders for paving with a sand - asphalt mix approximately 2 miles of road between a point approximately 2 miles west and SR 452,
THE FOLLOWING BIDS WERE RECEIVED AND READ:
EAST LAKE COMPANY, Eustis
Job location – Suburban Shores Road from SR 50 to a point .5 miles southerly
Type Work – sand-asphalt mix according to specifications
ITEM 1 – Paving per square yard .903
Cashier’s check #30276 in the amount of $300 enclosed
Job location – Emeralda Road from SR 452 to a point 2 miles westerly
Sand-asphalt mix according to specifications
Item 1 – Paving per square yard (cashier’s check $1,200) .893
J. D. MANLEY CONSTRUCTION COMPANY, Leesburg
Bid on West Side Drive and Montclair Road and other county roads in this vicinity
Per square yard for reconditioned clay base and double surface treatment .409
Performance Bond – 5% of amount of bid enclosed.
On a motion by Commr. Bishop, seconded by Commr. Theus and carried, the bid of East Lake Company for paving with a sand-asphalt mix according to specifications for Suburban Shores Road from SR 50 to a point .5 miles southerly at .903 per square yard was accepted.
On a motion by Commr. Theus, seconded by Commr. Cowart and carried, the bid of East Lake Company for paving with a sand-asphalt mix according to specifications for Emeralda Road from SR 452 to a point 2 miles westerly at .893 per square yard was accepted.
On a motion by Commr. Theus, seconded by Commr. Cowart and carried, the bid of J. D. Manly Construction Company for a reconditioned clay base and double treatment of West Side Drive and Montclair Road and other county roads in this vicinity at .409 per square yard was accepted.
Carlton Village Road was eliminated from the foregoing bids, as an error was made in the mileage in the Notice to Bidders. This road is now being advertised for bids to be received on July 5, 1960.
A list of democratic candidates who qualified for County Judge of Lake County when qualifying dates were reopened as of 12:00 noon Friday, May 6, 1960 and closed at 12:00 noon Wednesday, May 11, 1960 to be voted on in the Democratic Primary May 24, 1960, was filed by Clerk Owens as follows:
NAME FEES PAID
Roy W. Caldwell
159 Sunnyside Drive
Clermont, Florida $360
W. A. “Bill” Milton, Jr.
P.O. Box 48
Grand Island, Florida $360
808 Starbird, P.O. Box 1565
Eustis, Florida $360
2/3 of the above amount was remitted to the Board of County Commissioners, $720.
1/3 of the above amount was remitted to Frank L. Porter, Jr., Secretary of State, Democratic Ex. Committee, $360.
Clerk Owens filed a copy of a letter to Miss Helena Nutt, Secretary-Treasurer, Lake County Democratic Executive Committee, enclosing a check in the amount of $720 for representing the Democratic Party assessment of 2% from the above-named Democratic candidates who qualified for County Judge, Lake County.
Commr. Bishop filed the following checks, stating he okayed the bill to Basic Asphalt Company last month for the curb on Minneola Lake Shore Drive, and these checks are for reimbursement for half of the bill and is all that will be paid on this job:
William E. Webb $ 25
William E. Webb for R. Foreman $ 25
F. N. Henderson $ 25
Julian U. Slocum as per agreement by Floyd Slocum $100
Mr. Bishop also filed a check in the amount of $61.20 from Ellen R. Ludwig for a culvert.
Mr. Owens advised the Board that the Auditor stated the paving program money should be collected before the paving is done. Mr. Bishop stated the Minneola Lake Shore Drive project was an emergency, and they could not collect from the people before doing the work.
The following checks were filed by Commr. Cross:
I. D. Starkey for driveway pipe $58.88
B. E. Dillard Grove Service, Inc.– 4 feet of culvert $40.18 (18-inch plain galvanized)
Letter from Florida Industrial Commission to Fred Cross, Chairman, listing safety recommendations for the protection of the people. These recommendations have been discussed with District Foremen.
discussion regarding petition
There was discussion regarding the Petition of the Board of Public Instruction to lose and vacate part of Easy Street, Rosenwald Gardens, Eustis, which was filed June 6, 1960. Mr. Owens advised the Board that he had made a request to the Board several months ago if a petition to close this street was filed, he would file objections, as this would make approximately one fourth mile dead-end street, which is not desirable. Mr. Owens stated the School Board could purchase additional property and give a 50-foot street between Virginia Avenue and Bates Avenue, not more than 170-feet east of the present Easy Street, and he would then agree to the closing. Mr. Owens stated he now protects the closing of this street, or part of it, as he has discussed this with Mr. Christopher before the filing of the Petition. Commr. Cross suggested that Mr. Owens and Mr. Duncan meet with the School Board and discuss this matter.
state road no. s-450 section 11684
On a motion by Commr. Simpson, seconded by Commr. Bishop and carried, the bill for the appraisal on said road was approved for payment out of Secondary Road Funds, as follows:
Charles Z. Osborne – 4 days at $25 per day $200
W. Neff Sebree – 4 days at $25 per day $200
On a motion by Commr. Simpson, seconded by Commr. Theus and carried, Sheriff McCall was authorized to take away the good behavior time of prisoner Claude Poss in compliance with a request from the Marion County Camp officials.
state road no. s-439 (between sr 42 and sr 44)
On a motion by Commr. Simpson, seconded by Commr. Bishop and carried, the following named persons were appointed as appraisers on the above-entitled road: W. B. Calhoun, Umatilla; A. B. Dean, Eustis; and W. I. Carleton, Umatilla.
On a motion by Commr. Bishop, seconded by Commr. Theus and carried, County Engineer Goodson was authorized to draft an advertisement for bids to be received on August 1st for an Intercommunication System for the Detention Home.
johnson property at altoona
Ms. Duncan, attorney for the Board, filed the following Memorandum re: deed from L. T. Johnson to Lake County, containing the following provision:
“This property is to be used for a park and creation purposes and for that consideration is hereby deeded by L. T. Johnson to the Lake County Commissioners for that purpose. If at any time this property is used for any other purposes other than those herein designated, it shall immediately revert back to the donor, L. T. Johnson, his heirs or assigns. It shall be maintained by the County Commissioners for these purposes for the benefit and enjoyment of the community.”
Question whether or not a use of a portion of the property so conveyed for other than park purposes will cause a forfeiture of any or all of said property.
The general rule is as follows:
“An additional and different use of the property will not affect a termination or forfeiture so long as the specified use is continued.” (137ALR639)
“In order to affect a reverter of the whole estate where part of the land is used for the purposes specified in the grant and part of the land for another purpose, there must be a total destruction of the whole estate of the grantee. Where land is conveyed to be used for a certain purpose, with a clause of forfeiture if it’s ceased to be used for the objective specified, the whole estate does not cease if the land is used for other purposes, provided it is also used for the purposes for which it was conveyed.” (142 GA 1482 SE 233)
“Where land is conveyed to be used for a certain purpose, with a clause of forfeiture if it’s ceased to be used for the object specified, the whole estate is not forfeited if the land be put to some minor use, provided that in the main it is used for the purpose for which it was conveyed. (146 GA 81292 SE 642)
“Where a use of the land other than having in addition to that specified in the deed is not consistent with the use so specified and does not interfere therewith, it has been held that it does not constitute a breach of condition subsequent.” (106 Fla 392143 So. 301).
application for admission to t b hospital
The application of Fred Grover Bowers, Leesburg, for admission to the T. B. Hospital was approved by the Board on a motion by Commr. Theus, seconded by Commr. Bishop and carried.
The Biennial Report of the Attorney General was filed.
/s/ Frank E. Owens___ /s/ Fred Cross __